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JULY 5, 2005 AGENDACITY COUNCIL MAYOR MEYERA E OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 HARRYE. DIEZEL Kempsville - District 1 ROBERT M DYER, Centerville -District 1 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 WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 5 July 2005 CITYHALL BUILDING 2401 COURTHOUSE DRIVE 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 3:00PM A. Virginia Beach Patriotic Feastival Ira Agricola - Executive Director, Hampton Roads Chambers of Commerce James Ricketts — Director, Convention and Visitors Bureau II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION 6.00PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Israel Zoherman Beth Chaverism Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. Formal and Informal Session G. AGENDA FOR FORMAL SESSION June 28, 2005 H. PUBLIC HEARING 1. ELECTION PRECINCT: Changes re Upton and Arrowhead I. MAYOR'S PRESENTATION 1. Back Bay Refuge Revenue Sharing Congresswoman Thelma Drake J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND and REORDAIN § 10-1 of the City Code re changing Arrowhead and Upton Polling Precinct places. 2. Ordinance to AUTHORIZE the City Manager to execute an agreement between the CAVALIER HOTEL CORPORATION and the City in settlement of property disputes. 3. Resolution to AUTHORIZE the City's application for allocation of $1-Million through the Virginia Department of Transportation (VDOT) 2005-2006 Revenue Sharing Program; and further, AUTHORIZE the City Manager to EXECUTE all necessary agreements for the project's development and construction. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right- of-way at 796 Newman Street by ROBERT W. and JOYCE C. MEEKER to construct and maintain a gravel access road and farm gate. (DISTRICT 7 — PRINCESS ANNE) 5. Ordinance to ACCEPT and APPROPRIATE $1,648,162 re fifty three (53) positions to the FY 2005-06 operating budget of the Clerk of the Circuit Court L. PLANNING — NO ACTION 1. Application of TOWN CENTER ASSOCIATES, L.L.C. for a Conditional Use Permit re multi -family dwellings at Independence Boulevard, Commerce Street, Market Street and Columbus Street (DISTRICT 5 — LYNNHAVEN). City Council heard and approved this item on June 28, 2005 M. PLANNING 1. Application of CHARLES H. and SANDRA T. DAWSON for a Chano ZoningDistrict Classification from 0-2 Office District to Conditional B-2 Community Business District at 138 South Rosemont Road (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL 2. Application of EVERGREEN VIRGINIA, L.L.C. and CHECKERED FLAG MOTOR CAR COMPANY, INC. fora Conditional Use Permit for new and used motor vehicle sales at 5226 Virginia Beach Boulevard (DISTRICT 4 — BAYSIDE). RECOMMENDATION: APPROVAL 3. Ordinance to AMEND § 103 Subsection (b) of the City Zoning Ordinance (CZO) by REPEALING the Zoning Administrator's authority to grant variances to setbacks up to twenty five (25) percent of the required amount. All such variances will now be heard by the Board of Zoning Appeals. RECOMMENDATION: APPROVAL N. APPOINTMENTS Arts and Humanities Commission Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee - PPEA Open Space Advisory Committee Towing Advisory Board Virginia Beach Community Development Corporation O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items 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: Virginia Relay Center at 1-800-828-1120 Agenda 07/05/05blb www.vbgov.com I. CITY MANAGER'S BRIEFING Conference Room 3:OOPM A. Virginia Beach Patriotic Feastival Ira Agricola - Executive Director, Hampton Roads Chambers of Commerce James Ricketts — Director, Convention and Visitors Bureau II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:OOPM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION ;. Wi Cz Op OUR Np"o0NS- N&i7 T M,,A I 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. VI. FORMAL SESSION 0 C E. F G. 6:00PM CALL TO ORDER — Mayor Meyera E. Oberndorf INVOCATION: Rabbi Israel Zoherman Beth Chaverism Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. Formal and Informal Session June 28, 2005 AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. ELECTION PRECINCT: Changes re Upton and Arrowhead PUBLIC HEARING CHANGING POLLING LOCATIONS FOR THE UPTON PRECINCT AND THE ARROWHEAD PRECINCT CITY OF VIRGINIA BEACH The City Council of Virginia Beach, Virginia at its formal ses- sion on July 5, 2005, at 6:00 P.M., will consider an ordi- nance to change the polling places for the Upton Precinct and the Arrowhead Precinct. The ordinance proposes that the Upton Precinct polling place be moved from St. John the Apostle Catholic Church at 1968 Sandbridge Road, which is no longer available to use as a poll- ing location, to Three Oaks Elementary School at 2201 Elson Green Avenue. It further proposes that the Arrowhead polling place return from its temporary location at Carrow Baptist Church at 5545 Susquehanna Drive to Arrowhead Elementary School at 5549 Susquehanna Drive. After adoption by City Council, these changes will become effective following approval by the United States department of Justice, pursuant to the Voting Rights Act of 1965. as amended. Descriations and maps of the precinct boundaries, polling places, and proposed polling place changes, as well as a copy of the aforesaid ordinance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14. Virginia Beach, Virginia, 23456. The public hearing will be conducted in the City Council Cham- ber of the Administration Building (Building #1) at the Municipal Center. if you are pl"ysicaliy 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. Ruth Hodges Smith, MMC City Clerk Seaccn June 23 & 30, 2005 13415090 MAYOR'S PRESENTATION 1. Back Bay Refuge Revenue Sharing Congresswoman Thelma Drake J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND and REORDAIN § 10-1 of the City Code re changing Arrowhead and Upton Polling Precinct places. 2. Ordinance to AUTHORIZE the City Manager to execute an agreement between the CAVALIER HOTEL CORPORATION and the City in settlement of property disputes. 3. Resolution to AUTHORIZE the City's application for allocation of $1-Million through the Virginia Department of Transportation (VDOT) 2005-2006 Revenue Sharing Program; and further, AUTHORIZE the City Manager to EXECUTE all necessary agreements for the project's development and construction. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right- of-way at 796 Newman Street by ROBERT W. and JOYCE C. MEEKER to construct and maintain a gravel access road and farm gate. (DISTRICT 7 — PRINCESS ANNE) 5. Ordinance to ACCEPT and APPROPRIATE $1,648,162 re fifty three (53) positions to the FY 2005-06 operating budget of the Clerk of the Circuit Court ny6"! 10 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code by Changing the Arrowhead Precinct Polling Place and the Upton Precinct Polling Place MEETING DATE: July 5, 2005 ■ Background: The Upton Precinct polling place is currently located at St. John the Apostle Catholic Church at 1968 Sandbridge Road. This location is no longer available to use as a polling place. It is proposed that the Upton Precinct polling place be moved to Three Oaks Elementary School located at 2201 Elson Green Avenue. Due to school construction, the Arrowhead Precinct polling place was previously moved from Arrowhead Elementary School at 5549 Susquehanna Drive to Carrow Baptist Church at 5545 Susquehanna Drive. Construction at Arrowhead Elementary School has been completed, and it is proposed that the Arrowhead Precinct polling place be moved back to Arrowhead Elementary School. The Virginia Beach Electoral Board has approved these moves. ■ Considerations: Three Oaks Elementary School provides larger parking facilities and more voting room than St. John the Apostle Catholic Church. The Arrowhead Precinct will be moving back to its original polling location prior to school construction. No boundary changes or redistricting will be needed. This change will become effective upon approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended beginning with the November 8, 2005 General Election. ■ Public Information: As required by Section 24.2-306 of the Code of Virginia notice of this proposed change was published in the newspaper once a week for two consecutive weeks. All voters in the Arrowhead and Upton precincts will receive new voter cards with the name and address of their new polling location. An advertisement will be placed in the newspaper prior to the General Election to be held November 8, 2005. ■ Alternatives: None ■ Recommendations: Adopt the proposed change. ■ Attachments: None Recommended Action: Approval Submitting Department/Agency: City Manage I , �6 Pat Harrington, Acting Voter Registrar 01' 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE BY CHANGING THE ARROWHEAD PRECINCT 3 POLLING PLACE AND THE UPTON PRECINCT POLLING 4 PLACE 5 6 SECTION AMENDED: § 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 10-1 of the City Code is hereby amended and 12 reordained, to read as follows: 13 Sec. 10-1. Establishment of precincts and polling places. 14 There are hereby established in the city the following 15 precincts and their respective polling places, as set forth below: 16 Precinct Polling Place 17 Alanton Alanton Elementary School 18 Aragona Kemps Landing Magnet School 19 Arrowhead GaL-rew Baptist Ghure 20 Arrowhead Elementary School 21 Avalon Avalon Church of Christ 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Center for Effective Learning 27 Brandon Brandon Middle School 28 Brookwood Brookwood Elementary School 29 Buckner Holy Spirit Catholic Church 30 Cape Henry Research and Enlightenment Building 31 (Edgar Cayce Library) 1 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 College Park College Park Elementary School 36 Colonial Colonial Baptist Church 37 Colony Lynnhaven Colony Congregational 38 Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Courthouse Fire Station 41 Creeds Creeds Fire Station 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Davis Corner Bettie F. Williams Elementary School 46 Eastern Shore Eastern Shore Chapel 47 Edinburgh St. Aidan's Episcopal Church 48 Edwin Kempsville Recreation Center 49 Fairfield Kempsville Presbyterian Church 50 Foxfire Princess Anne Middle School 51 Glenwood Glenwood Elementary School 52 Great Neck All Saints Episcopal Church 53 Green Run Green Run Elementary School 54 Holland Holland Elementary School 55 Homestead Providence Presbyterian Church oil 56 Hunt Princess Anne Recreation Center 57 Indian Lakes Indian Lakes Elementary School 58 Kings Grant St. Nicholas Catholic Church 59 Kingston Kingston Elementary School 60 Lake Smith Bayside Church of Christ 61 Landstown Landstown Community Church 62 Larkspur St. Andrews United Methodist Church 63 Linkhorn Virginia Beach Community Chapel 64 London Bridge London Bridge Baptist Church 65 Lynnhaven Grace Bible Church 66 Magic Hollow Roma Lodge No. 254 67 Malibu Malibu Elementary School 68 Manor Providence Elementary School 69 Mt. Trashmore Windsor Woods Elementary School 70 North Beach Galilee Episcopal Church 71 Ocean Lakes Ocean Lakes Elementary School 72 Ocean Park Bayside Community Recreation Center 73 Oceana Scott Memorial United Methodist 74 Church 75 Old Donation Old Donation Center for Gifted 76 Pembroke Pembroke Elementary School 77 Plaza Lynnhaven Elementary School 78 Pleasant Hall Kempsville Baptist Church Pleasant 79 Hall Annex 80 Point O'View Kempsville Church of Christ 3 81 Red Wing Birdneck Elementary School 82 Reon Woodstock Elementary School 83 Rock Lake Salem Elementary School 84 Rosemont Forest Rosemont Forest Elementary School 85 Roundhill Salem High School 86 Rudee Virginia Beach Volunteer Rescue 87 Squad Building 88 Seatack Seatack Community Recreation Center 89 Shannon Church of the Ascension 90 Shelburne Christopher Farms Elementary School 91 Shell Unity Church of Tidewater 92 Shelton Park Shelton Park Elementary 93 Sherry Park St. Matthews Catholic Church 94 Sigma Red Mill Elementary School 95 South Beach Contemporary Art Center of Virginia 96 Stratford Chase Community United Methodist Church 97 Strawbridge Strawbridge Elementary School 98 Tallwood Tallwood Elementary School 99 Thalia Thalia Elementary School 100 Thoroughgood Independence Middle School 101 Timberlake White Oaks Elementary School 102 Trantwood Virginia Beach Christian Church 103 Upton St. jehn the -1pest.le Gathelie ,-,h •re 104 Three Oaks Elementary School 105 Village Thalia Lynn Baptist Church 0 106 Windsor Oaks 107 Witchduck 108 Wolfsnare 109 Central Absentee 110 Voter Precinct Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building ill Adopted by the City Council of the City of Virginia Beach, 112 Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: Voter Registrar 1 APPROVED AS TO LEGAL SUFFICIENCY: [))A4 City Attorney's Office CA9662 PA/GG/ORDRES/Proposed/10-1 Polling Locations ORD R-2 June 22, 2005 k, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO APPROVE AN AGREEMENT BETWEEN THE CAVALIER HOTEL CORPORATION AND THE CITY OF VIRGINIA BEACH MEETING DATE: July 5, 2005 ■ Background: The attached ordinance relates to two real estate related issues involving the Cavalier Hotel properties that staff has been attempting to address for several years. The first issue involves the 1995 mutual exchange of property that was necessary to facilitate the road, landscaping and public space improvements associated with relocating and improving Atlantic and Pacific Avenues as they converge in front of the Cavalier properties. The second issue involves assuring that ownership and control of the sandy beach in front of the Cavalier be preserved and maintained as public property. ■ Considerations: Approval of the proposed Agreement will affirm the 1995 land transfers necessary for the improvement of Atlantic and Pacific Avenues adjacent to the Cavalier properties and will secure the sandy beach in front of the Cavalier for public ownership and perpetual use. The Agreement will also release any claims the Cavalier may have as a result of the construction of the Hurricane Protection Project and will quit claim property rights and allow construction in the area between the old bulkhead and the new Hurricane Protection Project. ■ Public Information: Advertised as part of the agenda package. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Agreement Recommended Action: Approval Submitting DepartmentlAgency: City Manager. F:\Data\ATY\Policy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for Council\Cavalier.ARF.doc 1 AN ORDINANCE TO APPROVE AN AGREEMENT 2 BETWEEN THE CAVALIER HOTEL 3 CORPORATION AND THE CITY OF VIRGINIA 4 BEACH 5 BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That an "Agreement", dated as of May 2, 2005, between the 8 Cavalier Hotel Corporation and the City of Virginia Beach settling 9 property disputes between the parties, a summary which is attached 10 hereto, is hereby approved and the City Manager is authorized and 11 directed to execute same on behalf of the City. Adopted by the City Council of the City of Virginia Beach this day of 2005. CA9666 P&A\GG\OrdRes\Cavalier.ORDvl.doc R-4 June 23, 2005 APPROVED AS TO CONTENT: �\—/ �ga City orneyf s Of ice 1 Summary of Settlement between the Cavalier Hotel Corporation and the City of Virginia Beach Boundary Line Agreement and Quitclaim Deed • Cavalier Hotel Corporation (the Cavalier) quitclaims any interest it may have in the sandy beach between the existing hurricane protection wall and mean low water of the Atlantic Ocean, thereby confirming this area as a public beach area. • City of Virginia Beach (City) quitclaims any interest it may have in the area between the existing hurricane protection wall running westerly to the face of the old bulkhead, a physical barrier in existence prior to construction of the hurricane protection wall subject to certain easements benefiting the City. This area is a band of property running north to south being approximately 93' wide at the north boundary of the Cavalier property and 88' wide at the south end of the Cavalier property. Exchange of Property • Affirmation of an exchange of property in 1995 permitting the realignment and construction of Atlantic Avenue; whereby, the Cavalier provided property for the reconstruction and realignment of Atlantic Avenue at its intersection with the Cavalier and the City and State vacated and released to the Cavalier the right-of-way of former Atlantic Avenue at its intersection with the Cavalier Hotel. Easements • The Cavalier provides an easement for a pedestrian plaza on the west side_ of Atlantic Avenue between the old and new Cavaliers. • The Cavalier provides a drainage easement on the north side of the Cavalier property adjacent to 42nd Street on the western portion of its property. Release of Claims • The Cavalier releases any claims it may have in association with lost revenues or property damage as a result of the construction of the hurricane protection wall and 42nd Street pump station, and the beach replenishment project. Other Matters • The public beach area: v The City will provide lifeguard service and the Cavalier will retain the right to rent beach equipment from this same area • The area between the new hurricane protection wall and the former bulkhead adjacent to the Cavalier: o The Cavalier will be permitted to construct permanent structures in that area as follows, from east to west: ■ In the first 25', only ground level structures with approval of the City Manager ■ In the next 22.5' westward, only structures not exceeding 25' in height ■ The remaining portion westward to the old bulkhead boundary has no structure height restrictions except that all structures must meet the requirements of the zoning ordinance, and o in the first 66.5' from the north, structures are limited to 35' in height; o in the first 99' from the south, structures are limited to 35' in height. END Buz Y�r} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution For Approval To Apply For Project Matching Funds Under The Expanded VDOT Revenue Sharing Program MEETING DATE: July 5, 2005 ■ Background: The General Assembly expanded the VDOT Revenue Sharing Program for FY 05-06 to include cities. In previous years, this program was only offered to counties. This program allows for a 50/50 match of up to $1 Million for projects that can enhance safety and/or capacity. The City has identified two intersection improvement projects as candidates for this program: the General Booth Boulevard/Oceana Boulevard intersection and the Bonney Road/Kentucky Road intersection. These intersections are ranked as numbers 1 and 2 out of 336 intersections on the City's High Accident Report. For General Booth Boulevard/Oceana Boulevard, the intersection improvements proposed include the removal of the collapsible delineators and reconfiguration of the right turn lane from Oceana Boulevard to General Booth Boulevard. The total project estimate is $500,000. For Bonney Road and Kentucky Avenue, the intersection improvements proposed include dedicated turn lanes and a traffic signal replacement. The total project estimate is $1,500,000. ■ Considerations: The identified projects would be managed by the City. The Revenue Sharing Program requires that the projects must be under construction within two years and completed within four years. The intersections were identified due to their high accident ratings and because they satisfy the VDOT Revenue Sharing Program requirements. The funding source for the City share is anticipated to come as a fund transfer from completed roadway projects and traffic safety projects, by separate ordinances when the two projects have been approved for the Revenue Sharing Program. ■ Public Information: Public meetings would be held at the appropriate time as part of the design process. ■ Alternatives: Do not approve the resolution. The projects would remain on the unfunded backlog of congestion/safety projects. ■ Recommendations: Pass the resolution to apply for project matching funds under the Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. ■ Attachments: Location Maps Recommended Action: Adopt Resolution Submitting Department/Agency: Public Wo City Manager: �— - �E U'�L , 1 A RESOLUTION FOR APPROVAL TO APPLY 2 FOR PROJECT MATCHING FUNDS UNDER THE 3 EXPANDED VDOT REVENUE SHARING 4 PROGRAM 5 WHEREAS, the City Council of Virginia Beach desires to submit 6 an application for an allocation of funds of up to $1.0 Million 7 through the Virginia Department of Transportation Fiscal Year 2005- 8 2006, Revenue Sharing Program; and, 9 WHEREAS, $1.0 Million of these funds will be requested to fund 10 two intersection improvement projects: the General Booth 11 Boulevard/Oceana Boulevard intersection and the Bonney 12 Road/Kentucky Road intersection. 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. The City Council hereby supports this application for an 16 allocation of $1.0 Million through the Virginia Department of 17 Transportation Fiscal Year 2005-2006 Revenue Sharing Program. 18 2. The City Manager is hereby authorized to execute on 19 behalf of the City of Virginia Beach all the necessary agreements 20 for project development and construction. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 41-0 Depart ent bf ublic Works CA9661 PA/GG/ORDRES/VDOT Revenue Sharing ORD R-2 June 22, 2005 SUFFICIENCY AND FORM: Ci-' y Attorney' s Office n u \ -----r i Z I I'Y7 5 � Z -jf L-----Jf 1-----J SOUTHERN BLVD. J � ti I � v L \ L r _ - r- MAP FOR KENTUCKY SCALE:1" = 200' 1 Il r= AVE. PULLtY ',-' 0 BONNEY RD C KENTUCKY AVE..DGN M.J.S. PREPARED BY P/VV ENG. CADD DEPT. JUNE 16, 2005 1'D, N r- - - I it - - LOCATION MAP FOR GENERAL BOOTH BLVD. @ OCEANA BLVD. SCALE:1" = 400' ml GENERAL BOOTH @OCEANA BLVD.DGN M.J.S. PREPARED BY PAV ENG. CADD DEPT. JUNE 16, 2005 c S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request - Cherie Drive Gravel Access Road and Farm Gate for Robert W. Meeker, et ux and APC Realty & Equipment Co., LLC (dba Sprint Spectrum) MEETING DATE: July 5, 2005 ■ Background: Robert W. Meeker, Joyce C. Meeker and APC Realty & Equipment Co., LLC (dba Sprint Spectrum) have requested permission to encroach into a portion of a 60' City drainage easement located south of the intersection of Newman Street and Cherie Drive (on property designated as GPIN 1496-53-7871). The purpose of this encroachment is to allow a gravel access road and farm gate to be constructed and maintained for access and support of an adjacent communications tower. City Council approved a Conditional Use Permit for the communications tower on July 13, 2004. Condition #3 of that approval required the approval of the gate and gravel drive by Public Works/Stormwater during detailed site plan review. ■ Considerations: The Development Services Center is ready to approve the site plan, subject to Council's approval of the encroachment. Per Conditions #2 and #4 of the original site plan review and Condition #3 of the Conditional Use Permit approval, the applicants submitted the request for the approval of the encroachment of the gravel access road and farm gate in the 60' City drainage easement. City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. The applicants will resubmit the site plan for approval if the encroachment is approved by City Council. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat and Location Map. Recommended Action: Approval of the Ordinance. Submitting Department/Agen : Public Works/Real Estate 12r--914 City Manager'L 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 60' DRAINAGE EASEMENT LOCATED WITHIN THAT PROPERTY KNOWN AS 796 NEWMAN STREET BY ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & EQUIPMENT CO., LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA SPRINT SPECTRUM, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM, desire to construct and maintain a gravel access road and farm gate into the City's 60' drainage easement which crosses the rear portion of their property located at 796 Newman Street, Virginia Beach, Virginia 23453-3316 (GPIN 1496-53-7871) for access and support of an adjacent cellular tower. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's easements 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 ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a gravel access road and farm gate into the City's 60' drainage easement as shown on the plat entitled: "SPRINT N060XC602 LYNNHAVEN CO -LOCATION 796 NEWMAN ST VIRGINIA BEACH, VA 23453", a copy of 33 which is on file in the Department of Public Works and to which reference is made for a more 34 particular description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the City of 37 Virginia Beach and ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & 38 EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM, (the 39 "Agreement") which is attached hereto and incorporated by reference; and 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement. 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & EQUIPMENT CO., 44 LLC, a Delaware limited liability company dba SPRINT SPECTRUM, and the City Manager or 45 his authorized designee execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of C�3 49 CA- 9535 2005. 50 PREPARED: May 12, 2005 51 F; I Data I ATY I Ordin I NONCODE PW ORDINCA9535 Meeker.doAP OVED AS TO CONTENTS 52 tSCJ� �G 53 D SIGNATURE p 54 111FG) Fv1t.�1 t 55 DEPARTMENT 56 57 58 APPROVED AS TO LEGAL 59 SUFFICIENCY AND FORM 60 61 1MV_ 62 V CI AMORIN&Y 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 21st day of march , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNES SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 29, Block E, Lamplight Manor, Section 2" and being further designated and described as 796 Newman Street, Virginia Beach, Virginia 23453-3316; WHEREAS, it is proposed by the Grantee to construct and maintain a gravel access road and farm gate, "Temporary Encroachment", in the City of Virginia Beach, WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing 60' City drainage easement, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City. permit a Temporary Encroachment within The Encroachment Area. 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 'a ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to �1 GPIN 1496-53-7871 the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "SPRINT N060XC602 LYNNHAVEN CO -LOCATION 796 NEWMAN ST VIRGINIA BEACH, VA 23453" 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 Grantee shall provide the City of Virginia Beach/Department of Public Works/Operations Management, 3556 Dam Neck Road, Virginia Beach, VA 23456 with a key to the lock on the farm gate for its use when any access is necessary for maintenance work within the 60' City drainage easement. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment From The Encroachment Area in the event of an emergency or public necessity. 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) Jays 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 -emoval. It is further expressly understood and agreed that the Grantee shall indemnify and lold harmless the City, its agents and employees, from and against all claims, damages, losses 2 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. 1 It is further expressly understood and agreed that nothing herein contained shall i be construed to enlarge the permission and authority to permit the maintenance or construction of 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 a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional 3 engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ROBERT W. MEEKER and JOYCE C. MEEKER the said Grantee have caused this Agreement to be executed by their signatures. 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. IN WITNESS WHEREOF, the said APC REALTY & EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM has caused this agreement to be executed by THOMAS KINCAID, as Site Development Manager, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to rd 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 APC REALTY & EQUIPMENT CO., LLC, ,Delaware limited liability company dba RINT SPECTRUM By: !�-' � (SEAL) THOMAS KINCAID, Site Development Manager 5 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. I 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 CITY/COUNTY OF 1hr4►nie. Utz , to -wit: The foregoing instrument was acknowledged before me this 141 � day of Y/ (� 1 , 2005, by ROBERT W. MEEKER. My -Commission Expires: ��/3/ vG 2 Notary Public STATE OF Vtr5 i n r Q COY/COUNTY OF i^ rhia , to -wit: The foregoing instrument was acknowledged before me this "T day of �, r(' , 2005, by JOYCE C. MEEKER. Notary Public My Commission Expires: STATE OF "7 f� CITY/COUNTY OF , to -wit: 5 The foregoing instrument was acknowledged before me this day of ` k , 2005, by THOMAS KINCAID, Site Development Manager, on be if of APC REALTY & EQUIPMENT CO., LLC, a Delaware limited liability company dba SVNT SPECTRUM otary Public My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY WWCY L MWER Notary Public - State of New Jersey No. 2223672 Commission Expires March 25, 2009 7 APPROVED AS TO CONTENT TY REAL ESTATE AGENT � Z p W? E W W I W O � Z �� N Li O�� Opp Of Q) Cn m^ Off F— —1 a- cn Q F— I 2 �0 34.0' I— W O 120' I 3: U) LLJ U Z p �c) p O N U W Q wW Cf) � pQ c0 Z U a- W W p W h O � I Q I oi I EXHIBIT A m �Z � I o �W v 0 �n12�a w Q t p W m LL F— Wm I Z — W I :2 0') LLJ t7 S LL- U X -- O a0 O W U CL cr- Z Q Q W I 0 50' 100, 200' 1"= 50, _ Aiexandriq Vbginia 22312 5510cberokeeAve.,Suite23340 SUBMITTALS �— ,1 rint tV p DATE DESCRIPTION REV. 1 12 05 EXHIBIT A I 0 Fm73/25666622 btip.11uw„dae, com Arcbitecture & Engineering DWG. NO. DESIGNED: SPP TTV DATE: 3/18/04 S K — 1 DRAWN: MAA JOB NO.: 1889.2(C) SHT 1 OF 1 CHECKED: RWR SCALE: NO SCALE N060XC602 LYNNHAVEN CO —LOCATION 796 NEWMAN ST VIRGINIA BEACH, VA 23453 CHERLDGN M.J.S. PREPARED BY PAN ENG. CADD DEPT. MAY 12, 2005 G7�Y cif: SS) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $1,648,162 and Approve 53 positions to the FY 2005-06 Operating Budget of the Clerk of the Circuit Court MEETING DATE: July 5, 2005 ■ Background: The State Compensation Board is responsible for paying the salaries of all constitutional officers and their staff. For most constitutional officers in the State, localities receive funding for the salaries of the officers and their staff from the Compensation Board, and localities then appropriate the state funds along with City funds. However, the Virginia Beach Clerk of the Circuit Court is one of 35 constitutional officers statewide that is compensated directly from the State. The Compensation Board would like to change this funding arrangement so that all constitutional officers are paid in the same manner effective with the FY 2005-06 Operating Budget. This requires the City to appropriate the Clerk's funding from the State Budget in the City Operating Budget, and the Compensation Board will reimburse the City. Even though the City will be appropriating the State Budget for the Clerk's Office, there will be no additional cost to the City. There are a total of 53 full time State positions supported by State revenue for the Clerk's Office. The State's anticipated FY 2005-06 budget for the Clerk's Office is $1,648,162. This is in addition to the Clerk's City Operating Budget for FY 2005-06 of $877,177 (which includes five City positions - four of which City Council added). ■ Considerations: This proposed format for payment of the salary of the Clerk and Clerk's staff is consistent with the way the City handles the compensation of other Constitutional Officers. The Compensation Board is trying to standardize how all Constitutional Officers are paid, and the Virginia Beach Clerk is one of only 35 Constitutional Officers in the State that currently receives funding directly from the State. This appropriation will not require any additional money from the City, and the positions will still be funded in the State budget, as is the case with other constitutional officers. State revenue will offset the appropriation. ■ Public Information: Public Information will be handled through the normal Council Agenda Process. ■ Alternatives: Appropriating the funding in this manner will allow continued reimbursement by the State. ■ Recommendations: Appropriate the Clerk of the Circuit Court's State budget for $1,648,162 and the 53 positions associated with the Office. ■ Attachments: Compensation Board's FY 06 Budget Estimate Ordinance Recommended Action: Approval of Attached Ordinance Submitting Department/Agency: Clerk of the Circuit Cou City Manager: 11, V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,648,162 AND APPROVE 53 POSITIONS IN 3 THE FY 2005-06 OPERATING BUDGET OF THE 4 CLERK OF THE CIRCUIT COURT 5 6 WHEREAS, the State of Virginia Compensation Board has 7 requested a change in the compensation format for the Clerk of 8 the Circuit Court. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 1. That $1,648,162 in additional State revenue is hereby 12 accepted and appropriated in the FY 2005-06 Operating Budget to 13 cover the cost of salaries and fringe benefits for the Clerk of 14 the Circuit Court and the Clerk's staff with State revenue 15 increased accordingly. 16 2. That 53 full-time positions are hereby authorized in 17 the Clerk of the Circuit Court's FY 2005-06 Operating Budget. m 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the day of APPROVED AS TO CONTENT: r r Management Services 2005. APPROVED AS TO LEGAL SU FICIE CY: City Attorney's Office CA9665 R-2 June 23, 2005 H:\P&A\GG\Ord&Res\Proposed\Circuit Ct FY05-06 Appropriation.doc FY00 BUDGET ESTIMATES FOR Page 4 of 4 AS REQUIRED BY SECTION 15.2-1636.8,CODE OF VIRGINIA FIPS - 810 LOCALITY - Virginia Beach OFFICER - Clerk OFFICER'S SALARY 123,223 STAFF SALARIES 1,461,223 TEMPORARY BASE 2,596 TOTAL SALARIES , 1,587,042 FRINGE BENEFITS 61,120 OFFICE EXPENSE BASE 0 FY06 BUDGET ESTIMATE STATE FUNDS 1,648,162 http://www.scb.state.va.us/fyest321.cfm?loc=810&off--321 6/22/2005 L. PLANNING — NO ACTION Application of TOWN CENTER ASSOCIATES, L.L.C. for a Conditional Use Permit re multi -family dwellings at Independence Boulevard, Commerce Street, Market Street and Columbus Street (DISTRICT 5 — LYNN-HAVEN). City Council heard and approved this item on June 28, 2005 M. PLANNING Application of CHARLES H. and SANDRA T. DAWSON for a Change o. fZoningDistrict Classification from 0-2 Office District to Conditional B-2 Community Business District at 138 South Rosemont Road (DISTRICT 3 — ROSE HALL) 2. Application of EVERGREEN VIRGINIA, L.L.C. and CHECKERED FLAG MOTOR CAR COMPANY, INC. for a Conditional Use Permit for new and used motor vehicle sales at 5226 Virginia Beach Boulevard (DISTRICT 4 — BAYSIDE). Ordinance to AMEND § 103 Subsection (b) of the City Zoning Ordinance (CZO) by REPEALING the Zoning Administrator's authority to grant variances to setbacks up to twenty five (25) percent of the required amount. All such variances will now be heard by the Board of Zoning Appeals. NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, July 5, 2005, at 6:00 p.m. The following applications will be heard: DISTRICT 5 - LYNNHAVEN 11 1. Town Center Associates, L.L.C. Application: Conditional Use Permit for multi -family dwe!iings on property bounded by Inde- pendence Boulevard, Commerce, Market and Columbus Streets. (GPINs 14774455430000; 14774484440000; 14774475940000;14774464930000;14774485940000). 2. CITY OF VIRGINIA BEACH Ordinance to Amend Section 103 of the City Zoning Ordinance by Repealing Subsection (b), 'pertaining to the Granting of Vari- ances by the Zoning Administrator. DISTRICT 3 - ROSE HALL 3. Charles H. Dawson and Sandra T. Dawson Application: Change of Zoning District Classification fro;r, 0-2 Office to Condi- tional B-2 Community Business at 138 South Rosemont Road (GPIN 14876332370000). The Comprehensive Flan desig- nates this site as being part of the Primary Residential Prep, suitab!e for appropriate!y iocated suburban residential and non-residential uses consistent with the policies of the Compre- hensive Plan. DISTRICT 4 - BAYSIDE 4. Evergreen Virginia. L .L.C. and Checkered Fag Motor Car Com - pany, Inc. Application: Conditional 1✓Se Per! -nit for new and used motor vehicle sales at 5226 Virginia Beach Boulevard (GPIN 14676698500000). All interested citizens are invited to attend. Ruth Hodges Smith, Ml14C City Clerk Copies of the proposed ordinances, resolutions and amend- ments are on file and may be examined in the Department of Planning. For ii,formation cal! 427-4621. If you are physically disabled or visually impaired and veer assistance at this meeting, please call the CITY CLERK'S OFFICE at 42 7-4303. I impaired, call: Virginia Relay at 1-800-828-1120. The Planning Commission Agenda is availabie through the Citv's !nternet Home Page. at btt://a,vfaov.carn/elan tsi,con :rssi-3;i Beacon Jwne 19 & 26. 2005 13393929 eo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Town Center Associates, L.L.C. — Conditional Use Permit (multi -family dwellings) MEETING DATE: July 5, 2005 ■ Background: An Ordinance upon Application of Town Center Associates, L.L.C. for a Conditional Use Permit for multi -family dwellings on property bounded on the west by Independence Boulevard, on the north by Commerce Street, on the east by Market Street and on the south by Columbus Street (GPINs 14774455430000;14774484440000;14774475940000;14774464930000; 14774485940000). DISTRICT 5 — LYNNHAVEN ■ Considerations: This item was inadvertently advertised for this meeting. City Council heard this item on June 28, 2005. ■ Recommendations: No action. Recommended Action: No action. Submitting Department/Agency: Planning Department �. City Manage . Dawson CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Charles H. Dawson and Sandra T. Dawson — Change of Zoning District Classification MEETING DATE: July 5, 2005 ■ Background: An Ordinance upon Application of Charles H. Dawson and Sandra T. Dawson for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 138 South Rosemont Road (GPIN 14876332370000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 3 — ROSE HALL ■ Considerations: There is an existing 9,775 square foot office building on this site with 51 parking spaces. The applicant is requesting a change of zoning from 0-2 Office to Conditional B-2 Community Business District in order to accommodate a wider range of business uses seeking space to lease. The building is fully occupied at this time. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Most of the surrounding commercial areas along Rosemont Road are currently zoned B-2 and staff considers the proposed B-2 Community Business District zoning category to be more appropriate for the size and location of this parcel than the existing 0-2 Office zoning designation. The B-2 zoning would limit the height of any structure to 35 feet whereas there is no height limitation with the existing zoning of 0-2. In addition, the applicant has proffered to restrict uses to those that are most compatible with residential areas and there is sufficient parking on site to accommodate most business uses. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. The Planning Commission placed this item on the consent agenda because they felt that the change in zoning is more appropriate for this area. 0 Recommendations: Charles and Sandra Dawson Page 2of2 The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. f Submitting Department/Agency: Planning Department City Manager.-- �_ CHARLES AND SANDRA DAWSON Agenda Item # 11 June 8, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Change of Zoning District Classification from 0-2 Office District to Conditional 13- 2 Community Business District. ADDRESS / DESCRIPTION: Property located at 138 South Rosemont Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14876332370000 3 — ROSE HALL 19,500 Square Feet SUMMARY OF REQUEST This item was deferred by the Planning Commission to allow the applicant to be present at the hearing to answer questions concerning the use of the property for a limousine service. The applicant intends to be present at this hearing. In response to concerns about parking the limousines on the site, the applicant has proffered to install street front landscaping as noted in bold in the evaluation section of this report. There is an existing 9,775 square foot office building on this site with 51 parking spaces. The applicant is requesting a change of zoning from 0-2 Office to Conditional B-2 Community Business District in order to accommodate a wider range of business uses seeking space to lease. The building is fully occupied at this time. LAND USE AND ZONING INFORMATION EXISTING LAND USE: 9,775 square foot office building with 51 parking space. East: . Single Family homes / R-7.5 Residential District West: . 1-264 Rosemont Interchange NATURAL RESOURCE AND There are no significant natural resources or cultural features on this CULTURAL FEATURES: site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Rosemont Road is a four lane divided urban minor arterial street. Rosemont Road is shown with an ultimate width of between 100 feet and 165 feet for the section between Holland Road and 1-264 on the Master Transportation Plan. The existing width along the frontage of the subject site is 70 feet. There is no CIP Project or funding identified for this road widening; however, it has been included in the Long Range Regional Plan produced by the Hampton Road Planning District Commission. The Master Transportation Plan also indicates future improvements to the Rosemont Road/1-264 Interchange. The City is currently working with the Virginia Department of Transportation (VDOT) to study this interchange, along with several other key interchanges within Virginia Beach along 1-264. The applicant is fully aware of the impact these future roadway improvements will have on the property. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Rosemont Road 34,295 ADT 22,800 ADT (Level of Existing Land Use — Service "D") — 27,400 ADT 223 ADT ' (Level of Service "E") Proposed Land Use 3- 267 ' Average Daily Trips 2 as defined by office use 3as defined by office and business use WATER AND SEWER: This site is connected to City water and City sewer. The Comprehensive Plan designates this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The Plan states that "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non- proliferation of such activities.' EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the proffers submitted by the applicant with the rezoning. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Most of the surrounding commercial areas along Rosemont Road are currently zoned B-2 and staff considers the proposed B-2 Community Business District zoning category to be more appropriate for the size and location of this parcel than the existing 0-2 Office zoning designation. The B-2 zoning would limit the height of any structure to 35 feet whereas there is no height limitation with the existing zoning of 0-2. In addition, the applicant has proffered to restrict uses to those that are most compatible with residential areas and there is sufficient parking on site to accommodate most business uses. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. 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: The Property shall be used for uses permitted in the B-2 District, along with accessory parking and other accessory site features, with the exception of the following uses, which are otherwise permitted in the B-2 District: (a) pounds; (b) shelters or commercial kennels; (c) beverage manufacturing shops; (d) bingo halls; (e) body piercing establishments; (f) borrow pits: (g) eatery and dining establishments with drive through windows; (h) heliports and helistops; and (i) tattoo parlors; Q) gas stations; (k) auto sales; (1) car washes; (m) auto repair; (n) boat sales; (o) bulk storage. PROFFER 2: Grantor shall install street front landscaping as approved by the Planning Director in the existing ten foot wide green space between the sidewalk and the parking lot along Rosemont Road. PROFFER 3: Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 11, 2005 and it to be legally sufficient and in acceptable legal form. CHARLES AND 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. 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. Z O H Q C� O J W H LL O J _Q W a CHARLES AND 1. 2. 3. 4. Sandra Dawson 11/05/84 Conditional Use Permit (auto glass shop) 11/22/82 Conditional Use Permit (mini -warehouse) 08/26/97 Conditional Use Permit (expansion) 09/09/03 Conditional Use Permit (auto sales & repair) 12/10/02 Conditional Use Permit (auto sales & repair) 05/25/04 Conditional Use Permit (expansion) APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED CHARLES AND SA o� 0 z z 0 N n Z 3t Fe's E, CL JOE Z E 0OZOE GUM 9 Win 2Z� k Rutz a E I Vt con C Its 'S Lp Zr 15 TZ Lo CE tq -0 .40 CL O.M= - OB j C.4 CHARLES AND p Item #11 Charles H. Dawson and Sandra T. Dawson Change of Zoning District Classification 138 South Rosemont Road District 3 Rose Hall June 8, 2005 COSENT William Din: My last item on the consent agenda is Item #11 Charles H. and Sandra T. Dawson. This is a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 138 South Rosemont Road in the Rose Hall District. This is a proffered item. John Richardson: Thank you Mr. Din. My name is John Richardson. I'm a local attorney and I represent the applicant. We have reviewed the proffers and they are acceptable. Thank you to the Commission. William Din: Thank you Mr. Richardson. Is there any objection to placing this item on consent? If not, Gene Crabtree will speak on this item. Eugene Crabtree: We deferred this item at last meeting because there was some question about parking of the vehicles on the property. This property is known as the Sun Building has been there for many years. It has been used for all types of different things. It has had businesses in it and it has been pretty well occupied over the years. Currently Mr. Dawson has a business in there, and also runs a limousine service out of there. There was some question about the parking of the limousines but I think that has been cleared up between last month and now as to the way he is going to handle the limousines. This property by the Comprehensive Plan is recommended within the primary residential area but Rosemont Road itself is a business street. It has businesses all along there. There are very few office buildings in that area, and consequently since the entire is primarily businesses to start off with, and also in the long range plan there is probably some question as what is going to happen with this property, if and when the intersection to I- 64 is improved there at Rosemont Road but the applicant, I think understands the possibility that it might happen in the future. There are three proffers with this and they have agreed with all of these, and all of the codes that go along with these. Therefore, we felt like it was appropriate to put it on the consent agenda. William Din: Thank you Gene. I would like to make a motion to approve the following item, Item #11 Charles H. and Sandra T. Dawson for a Change in Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 138 South Rosemont Road in the Rose Hall District. Dorothy Wood: Thank you sir. Do I have a second? Item # 11 Charles H. Dawson and Sandra T. Dawson Page 2 Donald Horsley: Second. AYE 9 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved Item #11 for consent. Dorothy Wood: Thank you very much. It was certainly a record for us. W In Reply Refer To Our File No. DF-6160 TO: Leslie L. Lilley FROM: William M. Macali CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 29, 2005 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Charles Dawson The above -referenced conditional zoning application is scheduled to be heard by the City Council on July 5, 2005. I have reviewed the subject proffer agreement, dated February 11, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/nlb Enclosure cc: Kathleen Hassen CHARLES H. DAWSON SANDRA T. DAWSON To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") made this 1 Vh day of February, 2005, by and among CHARLES H. DAWSON and SANDRA T. DAWSON (collectively the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). RECITALS: A. Grantor is the owner of a certain parcel of property located in the City of Virginia Beach being briefly described as Lots 9, 10 & 11, Section 1, Westmoreland Estates, 138 South Rosemont Road, and more particularly described upon Exhibit A attached hereto and made a part hereof. B. Grantor has initiated an amendment to the zoning map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the property to Conditional B-2 Community Business District. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes, including commercial purposes, through zoning and other land development legislation. D. Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned B-2 as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW GPIN NO. 1487-63-3237-0000 r F. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordinance for the B-2 zoning district, reasonable conditions outlined in this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned B-2 and are needed as a result of the rezoning. G. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning the Property; provided, however, that such conditions shall continue if the subsequent amendment is party of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the City Zoning Ordinance. NOW, THEREFORE, Grantors, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid rho quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, his heirs, personal representatives, successors and assigns, grantees and other successors in interest or title to the Property; namely: The Property shall be used for uses permitted in the B-2 District, along with accessory parking and other accessory site features, with the exception of the following uses, which are otherwise permitted in the B-2 District: (a) pounds; (b) shelters or commercial kennels; (c) beverage manufacturing shops; (d) bingo halls; (e) body piercing establishments; (f) borrow pits; (g) eating and drinking 2 l establishments with drive through windows; (h) heliports and helistops; (i) tattoo parlors; 0) gas stations; (k) auto sales; 0) car washes; (m) auto repair; (n) boat sales; and (o) bulk storage. 2. Grantor shall install street frontage landscaping as approved by the Planning Director in the existing ten foot wide green spaces between the sidewalk and the parking lot along Rosemont Road. 3. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date of the conditional rezoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (d) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 'occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, U., •l t O Cl , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Charles H. Dawson and Sandra T. Dawson, whose names are signed to the foregoing instrument, have sworn to, subscribed, and cknowledged the same before me in my City and State aforesaid this J f4� day of i L 2005. The said Charles H. Dawson and Sandra T. Dawson are 11' personally known to me; or _ have produced for identification purposes. (::Imy, J eWy- Mblic My Commission Expires: q,36) - Z DD 4 EXHIBIT A LEGAL DESCRIPTION ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, designated and described as Lot Numbers Nine (9), Ten (10) and Eleven (11), on that certain plat made by C. A. Bamforth, Surveyor, dated April 22, 1952, and entitled "WESTMORELAND ESTATES, SECTION 1" which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 32, at page 3. LESS AND EXCEPT those certain portions of the respective lots that were acquired by the Commonwealth of Virginia by Certificate filed July 9, 1964, on behalf o f the State Highway Commissioner of Virginia and recorded in the aforesaid Clerk's Office in Deed Book 911, at page 44, which said Certificate was confirmed by the Order of the Circuit Court of the said City entered December 2, 1965, and recorded in the aforesaid Clerk's Office in Deed Book 937, at page 697. IT BEING the same property conveyed to Charles Dawson and Sandra Dawson by deed from Atlantic Telecom Services, Inc., recorded August 16, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4483, at page 1007. R Evergreen Virginia LLC 1#1 Conditional Zoning - Recorded Proffers CUP - Car Sales ,1�, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Evergreen Virginia, L.L.C. ad Checkered Flag Motor Car Company, Inc. - Conditional Use Permit (new and used motor vehicle sales) MEETING DATE: July 5, 2005 ■ Background: An Ordinance upon Application of Evergreen Virginia, L.L.C. and Checkered Flag Motor Car Company, Inc. for a Conditional Use Permit for new and used motor vehicle sales on property located at 5226 Virginia Beach Boulevard (GPIN 14676698500000). DISTRICT 4 - BAYSIDE ■ Considerations: The applicant requests a Conditional Use Permit to allow development of the site for new and used car sales. The applicant owns and operates a large car dealership directly across Virginia Beach Boulevard. This site will be used in conjunction with the dealership and will be an area where new and used cars will be prepped, stored and displayed. Only employees of the business will drive vehicles on and off this lot. Customers will not be parking on the site. The applicant has a plan to demolish the existing structures and redevelop this site in the near future. The applicant desires to purchase additional proper:'.-s on one or both sides of this lot and redevelop the combined property in a comprehensive manner that will complement the existing high quality auto sales operation existing on the south side of Virginia Beach Boulevard, across from this site. The only improvements the applicant is proposing at this time are to install street front landscaping along the roadway and to revise the signage, which will help improve the aesthetics in the short term. The Planning Commission placed this item on the consent agenda because they felt that is an appropriate interim use of the property until potential redevelopment occurs in the future. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, with the following conditions: Evergreen Virginia, L.L.C. and Checkered Flag Motor Car Co., Inc. Page 2 of 2 1. The applicant shall submit a landscape plan for street front landscaping along frontage of this site to the Department of Planning for review and approval within 60 days of the date of approval of the Conditional Use Permit. 2. On -site vehicle maintenance is permitted as an accessory use only for light mechanical work wholly within the building. Light mechanical work consists mainly of such things as fixing flat tires, replacing tires, windshield wipers, belts as needed. No outdoor storage of parts, tires or equipment is allowed. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. 5 �vt-� EVERGREEN VIRGINIA LLC CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item # 5 June 8, 2005 Public Hearing Staff Planner: Barbara Duke Checkered W Conditional Zoning - Recorded Proffers REQUEST: Conditional Use Permit for new and used motor vehicle sales ADDRESS / DESCRIPTION: Property located at 5226 Virginia Beach Boulevard GPIN: 1467669850 COUNCIL ELECTION DISTRICT: SITE SIZE: 4 — BAYSIDE 19,309 square feet LLC .. Inc. CUP - Car Sales The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for new and used car sales. The applicant owns and operates a large car dealership directly across Virginia Beach Boulevard. This site will be used in conjunction with the dealership and will be an area where new and used cars will be prepped, stored and displayed. Only employees of the business will drive vehicles on and off this lot. Customers will not be parking on the site. The applicant intends to use the existing small office building and garage to establish the business. These structures have existed since 1958. Prior to the applicant acquiring the property, there were multiple businesses using the site. An automobile upholstery business utilized the garage portion and a flooring company was the most recent tenant in the office building. The site as it exists is not attractive. There is no landscaping on the site. The parking lot layout does not conform to the current zoning ordinance. The applicant has a plan to demolish the existing structures and redevelop this site in the near future. The applicant desires to purchase additional properties on one or both sides of this lot and redevelop the combined property in a comprehensive manner that will complement the existing high quality auto sales EVERGREEN VIRGINIA L.L.C. Agenda -!tern" # 5 Page 1 operation existing on the south side of Virginia Beach Boulevard, across from this site. The only improvements the applicant is proposing at this time are to install street front landscaping along the roadway and to revise the signage, which will help improve the aesthetics in the short term. LAND USE AND ZONING INFORMATION EXISTING LAND USE: office and auto repair garage SURROUNDING LAND North: . Single-family Dwellings/A-12 Apartment District USE AND ZONING: South: • Virginia Beach Boulevard East: West: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: <65 dB Ldn • Automobile Sales/B-2 Community Business District • Office / B-2 Community Business District There are no natural or cultural resources associated with the site. IMPACT ON CITY SERVICES TRAFFIC: There will be no significant impact on traffic flow with this request because customers will not be entering/exiting this lot. WATER: This site is connected to City water. SEWER: This site is connected to City sanitary sewer. The Comprehensive Plan recognizes these parcels as within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. EVALUATION AND RECOMMENDATION Staff recommends approval of this request subject to the conditions listed below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. CONDITIONS 1. The applicant shall submit a landscape plan for street front landscaping along frontage of this site to the Department of Planning for review and approval within 60 days of the date of approval of the Conditional Use Permit. 2. On -site vehicle maintenance is permitted as an accessory use only for light mechanical work wholly within the building. Light mechanical work consists mainly of such things as fixing flat tires, replacing tires, windshield wipers, belts as needed. No outdoor storage of parts, tires or equipment is allowed. 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. 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. EVERGREEN EXISTING SITE LAYOUT IPF —'f BTUWIKCUS CONMErE -A.-TAC�iFr, !TrOPACr FArlln S'� DETA: Al ?-STORY FRAMtii ;5226 DE. AIL NOT 70 5 BLDG HEIGHT- 23.7" %,PP 'h/L:-GHT N".W OR 7ORVERLY YOUNG & YOUNG 'DEED BOOR 4035 AT PAGE 7611 N I p A SOCK I - I AT PACE 8) GPIN 1467-66-9B50 x NOW OR FC (ORDULAK FMIMPSICLIS COqMFTF E.H. LAMM 94 AT PACE 46 1t b (WILL scox lC2 3 AT PAGE Z+) W OK 14 1� AMRIMMA I . . ... .. —MARABLE WIDTH DEED a" 35 cz R"P W/HAND;ML y STOFry FRAME btu sscci 529ABILMINCUS CONCRETE pp HIGH?_ iJ\ pp 14,, V FRONT A& YARD SETBACK 'SEE NOTE, 7) 46.l0* TCIIElmS ON .a155 .oN5V39'co 'w VIRMA BEACH BLVD ZONING HISTORY 1 10/13/92 Conditional Use Permit auto sales Granted 2 03/14/95 Conditional Use Permit auto sales Granted 3 05/23/88 Conditional Use Permit auto sales Granted 05/25/93 Conditional Use Permit auto sales exp Granted 10/10/00 Conditional Use Permit auto sales ex Granted 05/28/02 Conditional Use Permit auto rental Granted 4 12/06/94 Rezoning from R-7.5 to B-2 Granted 12/06/94 Conditional Use Permit auto sales ex Granted C ISCLC?SUiRE 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 fist if necessary) Evergreen Virg:ima, LW (Steve Snyder & Philip > y, Mars) 0*ckered Flag Motor Car ccagpany, Inc. (E&-ard B. Snyder, President. Steve M. Snyder, Vice President; Jeans M. Snyder, Secretary) 2. List all businesses that have a parent -subsidiary or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only tfiproperty owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Young & Yotaig, a Vii'ginsa General Partrtiership Henry A. Young, Jr. , General. Par#7sex Henry A. Young, St., General. Partner 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 corporation, partnership, firm, business, or outer unincorporated organization. 1 & 2 See rtext page for footnotes Conditlonal Use Pertn3:Application Pam 9 of 10 Revised W 2OO4 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Morris H. Fine, AttonW,-. T.egal Services barn D1m:k Design Grmp; 1�ngineermg: and Sursmying Ser aces c-a,v1,t-auu�lulcny ,clauu4mmij cnaan-i a ra+ausrn cuutt Ll Im twzitw VVI1wi una 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. Z "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 some 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 relationstup between the entities! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION:: 1 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 lic hearing, 1 am responsible for obtaining and posting the required sign on the su a property at least 30 days prior to the scheduled public hearing according to ons in this package. Stelben. M. Snyder, Manager _Vice-Pr_esi6ani Applicant' Agn Lure Print Name Item #5 Evergreen Virginia, L.L.C. and Checkered Flag Motor Car Company, Inc. Conditional Use Permit 5226 Virginia Beach Boulevard District 4 Bayside June 8, 2005 CONSENT William Din: My next item is Item #5 Evergreen Virginia, L.L.C. and Checkered Flag Motor Car Company, Inc. This is an application for a Conditional Use Permit for new and used motor vehicle sales on property at 5226 Virginia Beach Boulevard in the Bayside District, and there are two conditions. Welcome Mr. Fine. Morris Fine: I'm Morris Fine. Members of the Commission, I have read the conditions. I am an attorney and I represent Evergreen as well as Checkered Flag. The conditions are acceptable and we thank you for being on the consent agenda. William Din: Thank you Mr. Fine. Is there any objection to this item being placed on the consent agenda? If not, Mr. Barry Knight will explain why we placed this on consent. Barry Knight: This piece of property is right across Virginia Beach Boulevard from an existing Checkered Flag Motor Company. These structures that are on the property right now were constructed in 1958. There were numerous businesses there. Checkered Flag has bought the center -piece of the property and wants to park vehicles on it for the short term. Only employees of the business will drive the vehicles on and off the property. It's our wish and understanding of the applicant that they would like to purchase some additional property in here and feel free to develop the area in conjunction with their car dealership it comes with two conditions. We see this as a good redevelopment of the property in the future. In the interim we're going to allow them to park cars on this property. So, we have placed it on the consent agenda. William Din: Thank you Barry. I would like to make a motion to approve the following item, Item #5 Evergreen Virginia, L.L.C. and Checkered Flag Motor Car Company, Inc., a Conditional Use Permit for new and used vehicle sales located on 5226 Virginia Beach Boulevard in the Bayside District with two conditions. Dorothy Wood: Thank you sir. Do I have a second? Donald Horsley: Second. AYE 9 NAY 0 ABS 0 ABSENT 2 Item #5 Evergreen Virginia, L.L.C. Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY STRANGE AYE WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved Item #5 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Amend Section 103 of the City Zoning Ordinance MEETING DATE: July 5, 2005 ■ Background: An Ordinance to Amend Section 103 of the City Zoning Ordinance by Repealing Subsection (b), Pertaining to the Granting of Variances by the Zoning Administrator. ■ Considerations: Currently, the Zoning Administrator has the authority to grant administrative variances for up to 25% of a building setback required in the Zoning Ordinance. All adjacent property owners must be notified of each application and if there is any objection, the request is then heard by the Board of Zoning Appeals. State Code regarding such administrative variances was recently broadened and now allows administrative variances for all physical requirements in a zoning ordinance, including height, lot coverage, setbacks and floor area ratio. Additionally, the new code requires the Zoning Administrator to make a decision regarding an application where there is an objection by any adjoining property owner, rather than send it to the Board of Zoning Appeals for a public hearing. If the Zoning Administrator rules in favor of the requested variance, the objecting citizen would have to pay a $200 fee and appeal the decision in order have the case heard by the Board of Zoning Appeals. City staff concludes that these new powers pertaining to administrative variances are too broad and prefer that the process be public and involve the Board of Zoning Appeals. Planning Commission placed this item on the consent agenda because they feel the administrative variance process is no longer appropriate for Virginia Beach. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request. ■ Attachments: Staff Review City of Virginia Beach — Section 103 Page 2of2 Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department Aj0/ City Manage . b V— ,7�Qz4� CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 103 OF THE CITY ZONING ORDINANCE Agenda Item # 10 June 8, 2005 Public Hearing REQUEST: An Ordinance to amend Section 103 of the City Zoning Ordinance by Repealing Subsection (b), Pertaining to the Granting of Variances by the Zoning Administrator SUMMARY OF AMENDMENT Currently, the Zoning Administrator has the authority to grant administrative variances for up to 25% of a building setback required in the Zoning Ordinance. All adjacent property owners must be notified of each application and if there is any objection, the request is then heard by the Board of Zoning Appeals. State Code regarding such administrative variances was recently broadened and now allows administrative variances for all physical requirements in a zoning ordinance, including height, lot coverage, setbacks and floor area ratio. Additionally, the new code requires the Zoning Administrator to make a decision regarding an application for an administrative variance where there is an objection by any adjoining property owner, rather than send it to the Board of Zoning Appeals for a public hearing. City staff concludes that these new powers pertaining to administrative variances are too broad and prefer that the process be public and involve the Board of Zoning Appeals. The proposed amendment, therefore, deletes the administrative variance process from Virginia Beach's Zoning Ordinance. RECOMMENDATION Approval of the proposed amendments deleting the Zoning Administrator's ability to grant administrative variances is recommended for approval. Recent State Code changes have broadened the administrative variance process and staff finds it is no longer appropriate for Virginia Beach. I AN ORDINANCE TO REPEAL SECTION 103(b) OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO THE 3 GRANTING OF ADMINISTRATIVE VARIANCES BY THE 4 ZONING ADMINISTRATOR 5 6 REPEALED: Section 103(b) 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 103 of the City Zoning Ordinance is hereby 12 amended and reordained, to read as follows: 13 Sec. 103. Administration. 14 (a) The zoning administrator shall have all necessary 15 authority on behalf of the city council to administer and 16 enforce this ordinance, including the ordering in writing of the 17 remedying of any condition found in violation of this ordinance, 18 and the bringing of legal action to ensure compliance with this 19 ordinance, including injunction, abatement or other appropriate 20 action or proceeding authorized by this ordinance or the laws of 21 this state. 22 (b) {Reserved}. 23 , 24 varlanee up t-e—twenty €love -percent (25%9 of the —Eeqa±3Fe afneun 25 frefa any building eentaiiiec =in the zeniilg 26 erdinanee, if the adffid:n!9ta:Fa;r=ei- finds in writing tahat 4) the 27 striet= app l i even e f he—erdinanee— weiild prediiee undue 28 hardship; ---(3-streh-hard-h.-i-p-onet red--genraa generally by ether 29 30 and --((4-r}) the a:utherrzatien of the—;or=nee will net be of 31 32 of the -egg distriet will-nette-ehangedbyhe gr-alrting -e 33 the varianee. SQeh.--app l i ea:rAen shall be aeeempanied by a fee e f- 35 =oariarree, the zening adfRinistrater shall give --a-llj e r g J 36 pL-epei-ty-ewnei-s withen netiee-ef the reEpiesit €er oarianee, and- 37 an eppert nity tei-espend te- the request within twen�-eire (21)T 38 days ef the date ef the netiee. 39 ebj eels--te said-regtaest in writzing wit=i-n the speeifled 40 abeve, the—regiuest shall be c-ansferred te-th 41 Appeals fei dee 42 . . . . 43 COMMENT 44 This amendment repeals Section 103(b), which gives the zoning administrator the authority 45 to grant variances to setbacks of up to 25% of the required amount. If adopted, all such variances 46 would be heard by the Board of Zoning Appeals. 47 48 49 Adopted by the City Council of the City of Virginia Beach, 50 Virginia, this day of , 2005. 51 E CA-9613 R-2 H:\OID\Ord&Res\Proposed\Section 103(b) of the CZO.doc May 13, 2005 APPROVED AS TO CONTENT: Pl nning Departm t APPROVED AS TO LEGAL SUFF IENCY: City Attorneys Off ' ce 3 Item #10 City of Virginia Beach An Ordinance to Amend Section 103 of the City Zoning Ordinance By Repealing Subsection (b) Pertaining to the Granting of Administrative Variances by the Zoning Administrator June 8, 2005 CONSENT William Din: Our next item is Item #10. This is a City of Virginia Beach application. This is an Ordinance to Amend Section 103 of the City Zoning Ordinance by Repealing Subsection (b), Pertaining to the Granting of Variances by the Zoning Administrator. There are no conditions associated with it. It is an ordinance. Ms. Karen Lasley will be speaking on this item. Karen Lasley: As Mr. Din said, Item #10 is an amendment to the zoning ordinance that deletes the Administrative Variance from our zoning ordinance. Currently the Zoning Administrator is authorized to grant applications for variances up to 25 percent of any setback requirement where there is no opposition from adjoining property owners. We're recommending this amendment today that this option be deleted due to the recent changes in the State Code that take effect on July 1, 2005. After July 1, 2005, if a locality is going to have an Administrative Variance process it must be much broader than we are comfortable with. It must apply not just to setbacks, but to all physical requirements in the zoning ordinance. If a neighbor objects that application is not automatically kicked into a public hearing before the Board of Zoning Appeals but the Zoning Administrator must make a decision on the request. The neighbor who objects, if they want to appeal that decision, they have to actually file an appeal, which is a $200.00 fee, and it takes additional time. So at this point we would like to recommend these amendments to you. We feel that the administrative variance process is no longer applicable or appropriate in Virginia Beach. William Din: Thank you Karen. Robert Miller: Karen, just real quick to repeat. You do only a couple of these a year under the administrative variance process? Karen Lasley: Maybe two a year. I would say that about a third of those do have objections from neighbors. Robert Miller: So they end up going to the Board. Karen Lasley: Yes, to the Board. Thank you. William Din: Thank you. Is there any objection to placing this item on consent agenda? If not, thank you. I would like to make a motion to approve the following item, Item #10, Item # 10 City of Virginia Beach Page 2 City of Virginia Beach, an ordinance to amend section 103 of the City Zoning Ordinance and it has no conditions. Dorothy Wood: Thank you sir. Do I have a second? Donald Horsley: Second. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER AYE RIPLEY ABSENT STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved Item #10 for consent. N. APPOINTMENTS Arts and Humanities Commission Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee - PPEA Open Space Advisory Committee Towing Advisory Board Virginia Beach Community Development Corporation O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS v O I M B L C E S L DATE: 6/28/05 D C M R C A PAGE: 1 I D J L A N R H N E Y O A D D E M U AGENDA Z E N N D O E I E ITEM # SUBJECT MOTION VOTE E E A O R V D V IL- - L I R I S I N I X I F I E I T I A I I I. BRIEFING: Raymond A. SENTARA VIRGINIA BEACH GENERAL Trioano, M.D. HOSPITAL Medical Director Les Donahue, Administrator Karen Bernard, B. TOWING ADIVSORY BOARD Bd Member C. TOURISM MARKETING and James Ricketts, ADVERTISING PROGRAM Director — Convention and Visitors Bureau Art Webb, President, BCF Greg Ward, Account Supervisor, BCF D. REAL ESTATE TAX ASSESSMENT TASK Tom Betz, Chair FORCE — Report IMIMV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y A Y Y Y Y Y Y V/E F MINUTES APPROVED 9-0 Y Y Y Y A Y Y A Y Y Y B INFORMAL/FORMAL SESSIONS 6/14/05 S T A I N E D G/H/I/1 Ordinances to AMEND the City Code ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT a § 12-43 re powers of Fire Marshal re number of patrons in a building b §21-317 re clarification of ordinance ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT 2/a Ordinances to AUTHORIZE encroachments into City's r-o-w: ROBERT HJDEBORAH A. TIETJEN at 1 ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Caribbean Ave re pier/bulkhead/retaining wall CONSENT (DISTRICT 6 - BEACH) CITY OF VIRGINL4 BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E s L DATE: 6/28/05 D C M R C A W PAGE: 2 I D J L A N R H N I E Y O A D D E M U L W AGENDA Z N N D O E I E S p ITEM # SUBJECT MOTION VOTE E E E A O R V D V O p L R S N X F E T A N D b GARY WAYNE ROBINSON at 606 ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Goldsboro Ave re existing CONSENT ramp/pier/pilings/bulkhead (DISTRICT 6 - BEACH) c MARY C. FLOYD at 2856 Bluebill Drive re ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y dock/floating dock/lift piles/stone revetment CONSENT (DISTRICT 7 — PRINCESS ANNE) 3 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y real property from the Overton Family/heirs of CONSENT C. V. Creech/ APPROPRIATE $2,035,000 from Rudee Loop Phase 1 for their acquisition 4/a Ordinances to APPROPRIATE: ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT $70,000 estimated revenue from Motor Carrier Safety Unit to Police re overweight vehicles b $18,100 from Chesapeake Bay Preservation ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Area violations to Agriculture re CONSENT Wetlands/coastal sand dune restoration/enhancement 5/a Ordinances to TRANSFER: ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT $209,000 within Comprehensive Services Act Special Revenue Fund re special education/foster care services b $18,000 from Council Donations to the ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Education Foundation CONSENT c $50,000 from Reserve for Contingencies to ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Regional Participation/DIRECT Cost CONSENT Participation Agreement with Hampton Roads Squadron, Association of Naval Aviation, Inc. re retaining walls adjacent to Monument to Naval Aviation CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E S L DATE: 6/28/05 D C M R C A W PAGE: 3 I D J L A N R H N I E Y O A D D E M U L W AGENDA Z E N N D O E I E S p ITEM # SUBJECT MOTION VOTE E E A O R V D V O p L R S N X F E T A N D J/1 CITY NO ACTION — a AMEND §§105/502 of CZO re restrictions on Planning Commission development of nonconforming lots in Deferred Residential Districts Indefmtely b AMEND §4.4(b) of Subdivision Ordinance re nonconforming lots in Residential Districts K/I TOWN CENTER ASSOC CUP re multi- APPROVED/ 8-2 Y N Y N A Y Y Y Y Y Y family dwellings at Independence CONDITIONED Boulevard/Commerce Street/ Market Street/Columbus Street. (DISTRICT 5 - LYNNHAVEN) MESSIAH LUTHERAN CHURCH CUP re APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y 2 modular office trailer at 1486 Holland Road. CONDITIONED BY CONSENT (DISTRICT 3 — ROSE HALL) 3 G and A PROPERTIES, LLC CUP re vehicle APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y sales and rental at 4933/4935 Virginia Beach CONDITIONED REVISED, Boulevard. (DISTRICT 2 — KEMPSVILLE N ) BY CONSENT B 4 SHORE DRIVE AUTO SALES CUP re ALLOWED 10-0 Y Y Y Y A Y Y Y Y Y Y vehicle sales at 4510 Shore Drive. (DISTRICT WITHDRAWAL, 4 - BAYSIDE) BY CONSENT I. APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD HEALTH SERVICES ADVISORY BOARD APPOINTED 9-0 Y Y Y Y A Y A Y Y Y Y Unexpired to 3/31/08 Susan D. Hellstrom Leonard A. Troxell PARKS and RECREATION COMMISSION APPOINTED 9-0 Y Y Y Y A Y A Y Y Y Y 2 Year Term 7/l/05 — 8/31/07 Nichole Ehlers — Rising Junior Student SHORE DRIVE ADVISORY COMMITTEE APPOINTED 9-0 Y Y Y Y A Y A Y Y Y 3 Year Term 7/1/05 — 6/30/08 j Judith K. Connors CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E S L DATE: 6/28/05 D C M R C A W PAGE: 4 I D J L A N R H N I E Y O A D D E M U L W AGENDA Z N N D O E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V O 0 L R S N X F E T A N D M/N ABSTRACT OF VOTES — PRIMARY CLERK TO B Y C O N S E N S U ELECTION —June 14, 2005 RECORD ADD RECESS TO CLOSED SESSION RE ON APPOINTMENTS @ 6:20 PM ADD CERTIFIED CLOSED SESSION @ 6:50 PM ON 0 ADJOURNMENT 6:52 PM