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FEBRUARY 28, 2006 AGENDACITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME I CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. MCCLANAM Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY City CLERK - RUTH HODGES SMITH, MMC CITY COUNCIL AGENDA 28 FEBRUARY 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. EMERGENCY MEDICAL SERVICES - Staffing and Deployment Bruce Edwards, Chief - EMS B. REAL ESTATE ASSESSMENT ANNUAL REPORT Jerry Banagan, Real Estate Assessor C. MINORITY SUBCONTRACTING - Proposed City Code Changes Patricia Phillips, Director — Department of Finance II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 1:30 PM 4:00PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Richard Keener Bayside Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 14, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Pieces of Eight, LLC at 2nd Street and Atlantic Avenue (DISTRICT 6 — BEACH) 2. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Law enforcement and criminal processing ($102,106) 3. FY 2005-2006 CAPITAL BUDGET AMENDMENT $3,700,000 for ARP property acquisition in the Interfacility Traffic Area I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 35-182 re exemption of admission taxes for school related activities b. Section 18-75 re business licenses concerning gross receipts of all contractors C. Section 6-12 re riding horses or driving vehicles on the City's beach or dunes d. Section 21-1 to incorporate State Code provisions that prohibit driving while intoxicated (DWI) re Chapter 7, Title 46.2, Article 2 2. Ordinance to AUTHORIZE the City Manager to execute a lease for five and one-half months with PIECES OF EIGHT, LLC (Pirate Cruise) at 2"d Street and Atlantic Avenue at Rudee Loop 3. Ordinance to AUTHORIZE the City Manager to acquire 15.3875 acres of the Lake Smith Fishing Station and adjacent property from the City of Norfolk under the Open Space Acquisition Program to preserve properties surrounding Lake Smith and Lake Lawson 4. Ordinance ESTABLISHING "Transition Rules" re the development of property in the RT-2 Resort Tourist District 5. Ordinance to ACCEPT a donation of Cybex Fitness Equipment from Wareing's Gym to the Police Law Enforcement Training Center 6. Resolution AUTHORIZING the City Manager to expend $30,000 from the Tourism Growth Investment Fund (TGIF) -Oceanfront Special Events to the Virginia Beach Jaycees re the 44th Annual East Coast Surfing Championships (ECSC) 7. Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) a second extension to their Request for Formal Renewal Proposal to April 24, 2006 re their cable franchise K. PLANNING l . Application of TIMOTItY B. and TANIA OLDFIELD for the discontinuance, closure and abandonment of a portion of an alley adjacent to Lot 13, Block 13, Croatan Beach, 829 Vanderbilt Avenue, to extend the rear property line and incorporate the property into the existing single-family parcel. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 2. Petition for a Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for SIROUS SHOTORBAN and TARAH KISER at 1516 Mill Dam Road to subdivide an existing parcel into two lots for single-family dwellings. (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL 3. Application of SPRINTCOM, INC. for a Conditional Use Permit re a communication tower at 5648 Campus Drive. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 4. Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard Road (DISTRICT 7 — PRINCESS ANNE) a. Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District to develop single-family homes b. Variance to §4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) DEFERRED: RECOMMENDATION: February 14, 2006 APPROVAL 5. Applications of RH Builders, Inc. on the east side of Shurney Lane south of Wesleyan Drive (DISTRICT 4 — BAYSIDE) a. Change of Zoning District Classification from B-2 Community Business District to A-36 Apartment District to develop multi -family housing b. Conditional Use Permit re housing for seniors RECOMMENDATION: APPROVAL 6. Application of TANK LINES, INC. for a Change _gf Zoning District Classification from B-2 Community Business District to Conditional I-1 Light Industrial District at 1357 Diamond Springs Road to construct an office/warehouse. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 7. Application of BELLAMY ASSOCIATES, L.C. for a Change o Zoning District Classification from R-7.5 Residential District to Conditional A-18 Apartment District at 4416 Princess Anne Road re multi -family dwellings. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: L. APPOINTMENTS DEFER TO MARCH 14, 2006 BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA MEALS TAX TASK FORCE RESORT ADVISORY COMMISSION (RAC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT THE MAY 2, 2006 SESSION IS CANCELLED DUE TO THE COUNCILMANIC ELECTION. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 02/23/2006\gw ww•w.vb2ov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30PM A. EMERGENCY MEDICAL SERVICES - Staffing and Deployment Bruce Edwards, Chief - EMS B. REAL ESTATE ASSESSMENT ANNUAL REPORT . Jerry Banagan, Real Estate Assessor C. MINORITY SUBCONTRACTING - Proposed City Code Changes Patricia Phillips, Director — Department of Finance II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:001PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Richard Keener Bayside Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 14, 2006 G. AGENDA FOR FORMAL SESSION e 1 1 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. H. PUBLIC HEARINGS LEASE OF CITY PROPERTY Pieces of Eight, LLC at 2nd Street and Atlantic Avenue (DISTRICT 6 — BEACH) 2. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Law enforcement and criminal processing ($102,106) 3. FY 2005-2006 CAPITAL BUDGET AMENDMENT $3,700,000 for ARP property acquisition in the Interfacility Traffic Area PUBLIC HEARING The Virginia Beach City Council will hold a PUBLIC HEARING on the granting of a Lease of City -owned property for a period of less than five years on Tuesday; February 28, 2006, at 6:00 p.m. in the Council Chamber of the. City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease approximately 0.34 acres of land located at' 2nd Street and Atlantic Avenue to Pieces of Eight, LLC, for use as a temporary parking lot. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERIC'S OFFICE at 427 4303; Hearing impaired, call TDD only 427 4305 (TDD Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Vir- ginia Beach Municipal Center. The Facilities Manage- ment Office telephone number is (757)427 8234. Ruth Hodges Smith, MMC City Clerk Beacon Feb. 19,. 2006 14652142 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Byrne Memorial Justice Assistance Grant February 17, 2006 Page 2 Juvenile & Domestic Relations Court — Information Kiosk $4,575 This is a secure stand-alone information computer terminal that will be placed in the Juvenile and Domestic Relations lobby that will allow customers to research Court information, obtain directions, and complete forms on their own. This kiosk will minimize the customers' time in line at the. counter, therefore reducing the man-hours by Court staff required to handle routine business. Police — Forensic & Evidence Storage - $33,000 This funding will add more capacity for forensic storage. The current evidence space is running out or is insufficient for storing evidence for long periods of time. This funding will allow for new equipment which will be more effective for staff to store and present forensic evidence necessary for trial. Magistrate — Laptop - $2,611 The Magistrate has requested a new laptop to assist with the volume of records he must store on a daily basis due to the number of new cases coming into the office. In addition, the number of after-hours cases are increasing which requires more -video conferencing. The current laptop is running out of space and due to the number of programs is running slower which delays the time the magistrates take to hear and process cases. Sheriff/Police — LETA Classroom $13,290 There are two classrooms at LETA that officers use for classroom instruction. Neither room is outfitted to handle presentations other than a chalkboard. This funding will outfit both classrooms with equipment to make overhead presentations, laptop presentations, -computers, and a pull down screens. TOTAL GRANT FUNDING AMOUNT: $102,106 No formal action is necessary at this time. If you have questions or comments regarding this grant please contact either myself or Catheryn Whitesell. Sincerely, James K. Spore City Manager JKS/mb cc: Bob Matthias, Assistant to the City Manager Catheryn Whitesell, Director, Management Services H _ 9q O� � 5 S Op OUR NX00 OFFICE OF THE CITY MANAGER (757)427-4242 FAX (757) 427-5626 TDD (757) 4274305 February 17, 2006 City of Virgirzia Beach The Honorable Meyera E. Oberndorf, Mayor Members of City Council Subject: Byrne Memorial Justice Assistance Grant Dear Council Members: VBgovxom MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 I am pleased to announce that Virginia Beach has been selected to receive $102,106 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program. The Byrne JAG provides funding to support a broad range of activities to prevent and control crime and to improve the criminal justice system. One of the grant requirements is written notification of the grant to the governing body before March 2nd, and this letter serves that purpose. We are also required to hold a public hearing on this grant which is scheduled for Tuesday, February 28. At this point, no formal action is necessary from Council. Once the City has satisfied the requirements from DOJ, we anticipate an official award sometime in August or September. At that point, we will ask Council to appropriate the funding from this grant. The Criminal Justice Board which has representatives from the departments of Police, Sheriff, Courts, Community Corrections, Magistrates, Non -profits, & Commonwealth Attorney met on February 9ch to recommend the following projects and funding amounts for this grant: Community Corrections — Contracted Manpower $20,000 The Community Corrections program will utilize a contracted person to assist with general clerical duties as well as data entry. This person will handle filing, checks in offenders who report to the program and performs basic office tasks for the program. With the recent combination of Community Corrections and Pretrial, this position is crucial to maintain efficient service of clients. Commonwealth Attorney's Office — Paralegal $28,000 The Commonwealth Attorney's Office will use this funding to cover part-time salary of a position that will assist with the asset -forfeiture program. This position will work on asset -forfeiture related cases and Drug Enforcement Agency (DEA) funds will be added to make this position a full-time position. This program can only be maintained for two years as DEA has ruled that ongoing expenses cannot be paid by the asset -forfeiture fund. The City will not pickup funding for this position when the DEA funds terminate at the end of two years. Public: Hearing regarding Department of Justice Byrne Memorial Justice Assistance Grant: Allocation of $102,106 for various law enforcement/criminal processing projects On Tuesday, February 28, 2006, at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on the pro- posed allocation of the Byrne Memorial Justice Assis- tance Grant. It is proposed that the :$102,106 be allo- cated for the following purposes: Project Description Depts. Amount O Staff support Community Corrections $20,000 O Part-time paralegal Commonwealth to assist with Attorney $28,000 seized -assets forfeiture program O Electronic information Juvenile & kiosk to assist with Domestic forms and instructions Relations Court $4,575 O Laptop for video conferencing and processing after-hours cases Magistrates $2,611 O Law enforcement training classroom electronic equipment Sheriff/Police $13,290 O Forensic and evidence storage Police $33,000 TOTAL $102,106 The Edward, Byrne Memorial Justice Assistance Grant Program allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Individuals desir- ing to provide written comments may do so by contact- ing the City Clerk's office at 427-4303. If you are physi- cally disabled or visually impaired and need assistance at this meeting, please call 427-4303. Hearing impaired, call 427-4305. Ruth Hodges Smith, MMC City Clerk Beacon Feb. 19, 2006 14653407 Amendment to the FY 2005-06 Capital Budget: Supplemental Appropriation of $3,700,000 for Property Acquisition in the Interfacility Traffic Area On Tuesday, February 28, 2006, the Virginia Beach City Council will hold a Public Rearing on a proposed amendment to the FY 2005-2006 Capital Budget. The Public Hearing will be held at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia. The amendment proposes a supplemental appropriation of $3,700,000 from the fund balance of the Agricultural Reserve Program Special Revenue Fund to establish a project to acquire properly from willing sellers in the Interfacility Traffic Area. Individuals desiring to provide written comments may do so by contacting the City Clerl(s office at 385-4303.. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Urainia Relav at 1-R00-R9R-11 90 I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Section 35-182 re exemption of admission taxes for school related activities b. Section 18-75 re business licenses concerning gross receipts of all contractors C. Section 6-12 re riding horses or driving vehicles on the City's beach or dunes d. Section 21-1 to incorporate State Code provisions that prohibit driving while intoxicated (DWI) re Chapter 7, Title 46.2, Article 2 2. Ordinance to AUTHORIZE the City Manager to execute a lease for five and one-half months with PIECES OF EIGHT, LLC (Pirate Cruise) at 2°d Street and Atlantic Avenue at Rudee Loop 3. Ordinance to AUTHORIZE the City Manager to acquire 15.3875 acres of the Lake Smith Fishing Station and adjacent property from the City of Norfolk under the Open Space Acquisition Program to preserve properties surrounding Lake Smith and Lake Lawson 4. Ordinance ESTABLISHING "Transition Rules" re the development of property in the RT-2 Resort Tourist District 5. Ordinance to ACCEPT a donation of Cybex Fitness Equipment from Wareing's Gym to the Police Law Enforcement Training Center 6. Resolution AUTHORIZING the City Manager to expend $30,000 from the Tourism Growth Investment Fund (TGIF) -Oceanfront Special Events to the Virginia Beach Jaycees re the 44`h Annual East Coast Surfing Championships (ECSC) 7. Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) a second extension to their Request for Formal Renewal Proposal to April 24, 2006 re their cable franchise [ 9Gym _fj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-182 of the City Code Pertaining to Admission Taxes MEETING DATE: February 28, 2006 ■ Background: The City levies a tax on admission charges to certain events. Admissions to school events currently are taxable. The City receives approximately $40,000 in tax revenue per annum from admissions to school events. ■ Considerations: In July of 1999, the City enacted a qualified exemption from admission taxes for certain types of events. Qualified events are exempt from the City admission tax so long as the proceeds go to a charitable non-profit organization. Exempting school events is consistent with Council's previous decision to exempt community -enhancing activities. The proposed exemption for school events would recognize that school activities are important and worthy of exemption. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue City Manager: S F`, " �q, Z I AN ORDINANCE TO AMEND SECTION 35-182 OF THE 2 CITY CODE PERTAINING TO ADMISSION TAXES 3 4 SECTION AMENDED: § 35-182 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 That Section 35-182 of the City Code is hereby amended and 8 reordained, to read as follows: 9 Sec. 35-182. Levy of taxes; classification; amount; 10 administration. 11 12 (a) Classifications. Pursuant to Code of Virginia section 13 58.1-3817, events to which admission is charged are divided into 14 the following classes, and there are hereby imposed and levied 15 the following taxes: 16 (1) School -sponsored events. No tax shall be imposed or 17 levied on the admission charge to attend any event at 18 a public or private elementary, secondary, or college 19 school -sponsored event, including any event sponsored 20 by a school -recognized student organization. A t-amef 21 ten Pereent e€— the --mien eharge—€er atteiielanee-etc 2 2 A l i e---and-prioateseh e a g: elementary, n e, ., and 23 ee l l eg a --s a re e! spense reel events, —z eling events 24 25 (2) Museums, gardens and zoos. A tax of ten (10) percent 26 of the admission charge for entry into museums, 27 botanical or other similar gardens, and zoos. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (3) Participatory sports. A tax of five (5) percent of the amount charged to participate in the following participatory sports: golf courses, tennis, bowling, swimming, roller skating, billiards, and sport fishing boats. Admission charges for spectators who observe, but do not participate in, these sports shall be taxed at the rate imposed and levied by subsection 35- 182(a)(4). The tax levied by this subsection applies only to the participatory sports enumerated above. (4) Admissions generally. A tax of ten (10) percent of the admission charge for all other admissions, including admissions to any place of amusement or entertainment. As used in this section, "place of amusement or entertainment" shall mean any place or event open to the public and located in the city where amusements and entertainments, including but not limited to the following, are located, performed, exhibited or conducted: (i) Any motion picture, play, concert, dance or stageshow; (ii) Any sporting or athletic contest, exhibition or event; (iii)Any circus, carnival, fair or amusement park; 2 51 (iv) Any sporting or recreational activity, excluding 52 any participatory sport enumerated in subsection 53 35-182(a)(3), for which participants are charged 54 to enter the arena or facility; 55 (v) Any lecture, speech or dissertation; 56 (vi) Any show, display or exhibition (e.g., antique 57 show, art exhibition, boat show, car show, computer 58 show, craft show, wine tasting, etc.); and 59 (vii) Any restaurant, tavern, lounge, bar, cabaret 60 or club. 61 (b) Admissions; gross receipts to charities. Subject to 62 the conditions set forth below in subsection (d), no tax shall 63 be imposed or levied on the admission charge to attend an event 64 if, as described in Code of Virginia section 58.1-3817, the 65 gross receipts from the event go wholly to charitable purposes. 66 (c) Admissions; net proceeds to charities. Subject to the 67 conditions set forth below in subsection (d), no tax shall be 68 levied on an event if, as described in Code of Virginia section 69 15.2-1104.1, its purpose is solely to raise money for charitable 70 purposes and the net proceeds derived from the event are 71 transferred to an entity exempt from sales and use tax pursuant 72 to Code of Virginia sections 58.1-609.4, 58.1-609.7, 58.1-609.9 73 or 58.1-609.10. For purposes of this subsection, "net proceeds" 74 means the gross receipts derived from an event less the direct, 3 75 ordinary and necessary costs associated with conducting the 76 event. The phrase "direct, ordinary and necessary costs," as 77 used herein, shall not include any allocable costs attributable 78 to the event organizer's ongoing expenses, such as accounting 79 fees, insurance premiums or the salaries of officers and staff. 80 (d) Conditions and procedures relating to subsections (b) 81 and (c). An "event", as described in preceding subsections (b) 82 and (c), is an occasional or irregular fund-raising activity, 83 not exceeding forty-eight (48) hours in length, the gross 84 receipts or net proceeds of which go wholly to "charitable 85 purposes" as defined in Code of Virginia section 57-48. The 86 following conditions and administrative procedures shall apply 87 to all such events: 88 (1) The gross receipts or net proceeds must go to an 89 entity (i) organized exclusively for charitable 90 purposes, as reflected in its articles of 91 incorporation, charter or bylaws, (ii) designated by 92 the Internal Revenue Service as a 501(c)(3) 93 organization to which contributions are tax deductible 94 under 26 U.S.C. § 7701, and (iii) registered with, or 95 granted an exemption from registration by, the 96 Virginia Department of Agriculture and Consumer 97 Services, Division of Consumer Affairs, Charitable 98 Solicitation Section. Furthermore, any professional 19 99 solicitor conducting or promoting any such event shall 100 also be required to provide evidence of registration 101 with, or exemption from registration by, the Virginia 102 Department of Agriculture and Consumer Services, 103 Division of Consumer Affairs, Charitable Solicitation 104 Section. 105 (2) All determinations concerning the taxable status of 106 events described in this subsection shall be made by 107 the commissioner of the revenue on an event -by -event 108 basis. 109 (3) Any person or organization seeking a determination 110 that an event is not subject to taxation pursuant to ill this subsection shall apply to the commissioner of the 112 revenue's office at least thirty (30) days prior to 113 such event. All such determinations shall be made only 114 by the commissioner of the revenue. The applicant 115 shall supply, on forms provided by the commissioner of 116 the revenue, a description of the event, the cost of 117 admissions to the event, documentation of the 118 charitable purpose(s) for which the proceeds will be 119 used, a copy of any exemption from sales and use tax 120 (if applicable), evidence of compliance with Code of 121 Virginia section 57-49, and such other information as 122 ' may be required by the commissioner of the revenue. 5 123 Within fifteen (15) days of receipt of an application, 124 the commissioner of the revenue shall make a 125 preliminary determination as to whether the proposed 126 event is subject to the admissions tax. Within forty- 127 five (45) days of conclusion of the event, the 128 applicant shall provide documentation that the gross 129 receipts or net proceeds of the event have been 130 utilized in accordance with the requirements of 131 subsection (b). The failure of any person to obtain a 132 determination that an event is not subject to 133 taxation, to supply evidence of compliance with Code 134 of Virginia section 57-49, or to otherwise fail to 135 comply with the requirements of this subsection, shall 136 subject the event to being taxed at the rate provided 137 by subsection (a)(4). 138 (4) Within sixty (60) days after the end of each fiscal 139 year, the commissioner of the revenue shall provide 140 the city manager a list of all events benefiting 141 benef-itting charity for which no admissions tax was 142 paid, and an estimate of the total amount of tax that 143 would have otherwise been paid. 144 (e) All taxes levied by this section shall be paid by the 145 person who pays the charge for admission or participation. 0 146 (f) All determinations concerning the classification of 147 events and the applicable tax rate shall be made by the 148 commissioner of the revenue. 149 Adopted by the Council of the City of Virginia Beach, 150 Virginia, on the day of , 2006. Approved As to Content: �Jr ' Commosioner of the evenue Approved As To Legal Sufficiency: - Aww'�' I't, City Attorney's ffice CA9730 H:\PA\GG\OrdRes\Proposed\35-182 Admissions Tax Ord R-4 February 17, 2006 7 Mh+. 'i. t R' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code Pertaining to Business Licenses by Updating Provisions Concerning Contractors MEETING DATE: February 28, 2006 ■ Background: The City of Virginia Beach taxes the gross receipts of all contractors conducting business in Virginia Beach. City Code section 18-75 currently provides that if a contractor hires a superintendent to oversee construction, and the superintendent pays the license tax, then the contractor is not liable for the license tax. Code section 18-75 confuses liability, as the tax obligation may fall on either the contractor or the superintendent, depending upon which party pulls the building permits. This can potentially lead to permit violations and under taxation. ■ Considerations: Removing the "superintendent" provision in City Code section 18-75 will clarify liability and will conform more closely to the state code and guidelines. This amendment will eliminate confusion over taxation responsibility for construction projects. The code should also be amended to clarify that persons who subdivide and improve real estate, and speculative builders who build houses or other buildings with the intention of offering the subdivided lots or completed buildings for sale shall be considered contractors for license tax purposes. ■ Public Information: The public will be informed through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue City Manager. �L , — V 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO BUSINESS LICENSES BY UPDATING PROVISIONS 3 CONCERNING CONTRACTORS 4 5 SECTION AMENDED: § 18-75 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 18-75 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 18-75. Contractors and persens--eet-ueting heuses fer 13 subsequent sale —ei=renta-1. 14 15 (a) Subject to the provisions of section 58.1-3715 of the 16 Code of Virginia, the license tax rate for every person engaged in 17 any contracting service business shall be 0.16 percent of the gross 18 receipts in such business during the preceding calendar year. 19 Contract service businesses referred to in this subsection shall 20 include those businesses set out below and any miscellaneous 21 contract service business not elsewhere classified: 22 (1) General building contractors. 23 (2) Highway and street construction. 24 (3) Heavy construction. 25 (4) Special trade contractors: 26 a. Plumbing, heating and air-conditioning. 27 b. Painting, paper hanging and decorating. 28 C. Electrical. 29 d. Masonry, stone setting and other. 30 e. _ Stonework. 1 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 f. Plastering and lathing. g. Terrazzo, tile, marble and mosaic work. h. Carpentering. i. Floor laying and other floorwork. j. Roofing and sheet metal work. k. Concrete work. 1. Structural steel erection. M. Ornamental metal work. n. Glass and glazing work. o. Excavating and foundation work. p. Wrecking and demolition work. q. Removing contents of privies, cesspools, septic tanks and other similar facilities. ( b ) Any eng-ageel in the business e f ereeta:ng--ter ideture i r.. -, _ er any —ether _ s s..bre—€erhab tatienf er the pe s selling tyre-saffte, net empleying theream een�ae-ter er has lieense shall aet as by law, shall superintendent whe paid the tam Persons who subdivide and improve real estate, and speculative builders who build houses or other buildings with the intention of offering the subdivided lots or completed buildings for sale, shall be considered contractors and pay a the license tax as provided in subsection (a) of this section fer a r__c_~ _~gag_'' in b:us-iness as a eentraeter on the gross receipts from the sale of the real estate or building(s); provided, however, if such person 2 56 maintains ownership of such structure and rents or leases rooms or 57 space in such structure, then the license tax rate for such person 58 shall be 0.16 percent of the actual cost of construction. No 59 license for the conduct of such business shall be transferred. 60 (c) A person shall not be deemed to be engaged in the 61 business of contracting solely because he acts as his own prime 62 contractor to build or improve a building which he intends to 63. occupy as his residence, office or other place of business, or 64 actually so occupied within a reasonable time prior to the sale of 65 the premises. 66 (mod) Every person licensed under this section shall, within 67 thirty (30) days from the issuance of a building permit, furnish 68 the commissioner of revenue, on forms provided by him, the amount 69 of each subcontract, along with the names and addresses of all 70 subcontractors to be employed in the construction of the work 71 encompassed by such permit. Failure to comply with the provisions 72 of this subsection shall constitute a basis for the revocation of 73 the building permit and suspension of all work under such permit. 74 COMMENT 75 76 The existing language in City Code § 18-75(b) concerning contractors is updated to follow the 77 definition of "contracting" contained in the Department of Taxation's "Guidelines for Business, 78 Professional and Occupational License Tax." 79 80 The new section (c) makes clear that persons improving real estate that they occupy will not be 81 considered contractors. 3 82 Adopted by the City Council of the City of Virginia Beach, 83 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , Ll;)u � /( J6=,I- - . City Attorney's 6ffice CA9901 H:\PA\GG\OrdRes\Proposed\18-75 Contractors R-2 February 9, 2006 0 i wy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend § 6-12 of the City Code Pertaining to Riding Horses or Driving Vehicles on Beach or Dunes MEETING DATE: February 28, 2006 ■ Background: The City Code currently prohibits the riding of horses on the City's public beaches. The Convention and Visitors Bureau would like to launch a pilot program during the non -Resort Season for the riding of horses, for a fee. The pilot program would be authorized pursuant to the BeachEvents Special Events permit for entertainment at the Oceanfront. The program would be subject to strict restrictions, including: • The horses must be in single file and must be led by an experienced employee of the rental operator; • The rental operator would be responsible for beach cleanup on at least a daily basis, and horse diapers would be required for each horse; • Riding helmets would be required for each rider; and • The rental operator would be bonded and required to indemnify the City for any resulting damages or injuries. ■ Considerations: If the pilot program is successful, the Convention and Visitors Bureau will come back to Council to seek authorization for a horse riding franchise. The amendments also would permit a vehicle to be operated on the beach if specifically authorized as part of a Special Events permit. In the past, monster trucks and other vehicles have been permitted on the beach for very limited periods of time under tightly controlled conditions, pursuant to a Special Event. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance. Recommended Action: Adopt Submitting Department/Agency: Convention and Visitors Bureau G' City Manager: 4-- I "Z_ 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO RIDING HORSES OR DRIVING VEHICLES ON BEACH 3 OR DUNES 4 SECTION AMENDED: § 6-12 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 6-12 of the City Code is hereby amended and 8 reordained, to read as follows: 9 Sec. 6-12. Riding horses or driving vehicles on beach or dunes. 10 a) It shall be unlawful for any person to ride a horse or 11 any other animal or to operate or drive a vehicle of any kind on 12 the public beaches or upon the sand dunes within the city, except 13 that area between the ocean and sand dunes south of the exit ramp 14 at the southern end of Little Island Recreation Park (now being 15 used as a public way to commute back and forth to a place of 16 residence). 17 b) The provisions of this section shall not apply to the 18 police mounted patrol, city vehicles operated while cleaning or 19 workinq on the beach, police and emergency vehicles, erosion 20 commission vehicles, vehicles of net fishermen operating under 21 proper permits, or vehicles operated by physically handicapped 22 persons by permission of the city manager or his designee. 23 (c) The provisions of this section shall not apply to conduct 24 explicitly authorized by a Special Events permit issued pursuant to 25 City Code § 4-1. 26 27 28 29 30 31 COMMENT This amendment will permit the riding of horses or the operation of a vehicle on the City's public beaches if such conduct has been explicitly authorized in writing as part of an approved Special Events permit. Adopted by the City Council of the City of Virginia Beach, 32 Virginia, on this day of APPROVED AS TO CONTENT: _" �� f Convention & Visitors Bureau 2006. APPROVED AS TO LEGAL SUFFICIENCY: City Attorne s Office CA9916 H:\PA\GG\OrdRes\Proposed\Riding Horses -Driving Vehicles on Beach R-1 February 13, 2006 � 7 �y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend § 21-1 of the City Code to Incorporate State Code Provisions that Prohibit Driving While Intoxicated MEETING DATE: February 28, 2006 ■ Background: On December 13, 2005, City Council adopted an ordinance that amended the City Code by incorporating by reference provisions of the state traffic code. That ordinance's effective date is March 1, 2006. A reference to the state's driving while intoxicated laws was unintentionally omitted from the ordinance. This ordinance will correct the oversight and incorporate by reference Code of Virginia provisions that prohibit driving while intoxicated. ■ Considerations: Incorporating the state's driving while intoxicated laws into the City's Traffic Code will allow the City to continue enforcing driving while intoxicated violations under the City Code. Writing violations under the City Code enables the City to receive the fines collected by the courts. Because the prior ordinance does not go into effect until March 1, approval of this ordinance during Council's February 28 meeting will prevent any lapse in the Police Department's ability to cite City Code provisions when enforcing driving while intoxicated prohibitions. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Adopt Submitting Department/Agency: Police City Manager: k :�6uft 1 AN ORDINANCE TO AMEND § 21-1 OF THE CITY CODE 2 TO INCORPORATE STATE CODE PROVISIONS THAT 3 PROHIBIT DRIVING WHILE INTOXICATED 4 5 SECTION AMENDED: § 21-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-1 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 21-1. Adoption of Title 46.2 and Article 2 (§ 18.2 - 266 et 13 seq.) of Chapter 7 of Title 18.2 of the state law code. 14 15 (a) Pursuant to the authority of § 46.2-1313 of the Code of 16 Virginia, 1950, as amended, all of the provisions and requirements 17 of the laws of the State contained in Title 46.2 and Article 2 (§ 18 18.2 - 266 et seq.) of Chapter 7 of Title 18.2 of the Code of 19 Virginia, as amended, and pursuant to § 1-220 of the Code of 20 Virginia as amended in the future, except those provisions and 21 requirements the violation of which constitutes a felony, and 22 except those provisions and requirements which, by their very 23 nature, can not have application to or within the City, are hereby 24 adopted and incorporated in this Chapter by reference and made 25 applicable within the City. Such provisions and requirements are 26 hereby adopted and made a part of this Chapter as fully as though 27 set forth at length herein, and it shall be unlawful for any person 28 within the City to violate or fail, neglect or refuse to comply 29 with any provision of the Code of Virginia, which is adopted by 30 this Section; provided, that in no event shall the penalty imposed 1 31 for the violation of any provision or requirement hereby adopted 32 exceed the penalty imposed for a similar offense under the Code of 33 Virginia. 34 (b) Any change to any Section of this Article resulting from 35 a future amendment to a state law that is adopted and incorporated 36 by reference shall become effective at the same time the amended 37 state law becomes effective. 38 (c) All definitions of words and phrases contained in the 39 State law hereby adopted shall apply to such words and phrases, 40 when used in this Chapter, unless clearly indicated to the 41 contrary. Reference to "highways of the state" contained in such 42 provisions and requirements hereby adopted shall be deemed to refer 43 to the streets, highways and other public ways within the City. 44 45 COMMENT 46 This amendment incorporates the state driving while intoxicated laws into the city traffic 47 code. 48 49 50 BE IT FURTHER ORDAINED, this Ordinance shall become effective 51 March 1, 2006. 52 53 Adopted by the City Council of the City of Virginia Beach, 54 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: i sta4M v Q� Police Department APPROVED AS TO LEGAL SUFFICIENCY: 2 CA-9912 H:\PA\GG\OrdRes\Proposed\21-1 City Traffic Code ORD R-3 February 22, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lease for space for City Owned Property Location — 2"d Street and Atlantic Avenue MEETING DATE: February 28, 2006 ■ Background: The City of Virginia Beach owns a vacant piece of unimproved real property being approximately 0.34 acres and located at 2"d Street and Atlantic Avenue in the Rudee Loop area (the "Property"). Pieces of Eight, LLC, a Virginia limited liability company, has requested to lease the Property to provide satellite parking space for its new Pirate Cruise tourist attraction that will be operated out of Rudee Inlet. The parking space would be used only for those customers of the cruise and would be secured at all other times. The lease is for 5 1/2 months commencing on May 1, 2006, and ending on October 15, 2006. ■ Considerations: This lease would be for a term of five and one half months. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement, or deny leasing of the Property. ■ Recommendations: Approval ■ Attachments: Ordinance Lease Location Map Summary of Terms Recommended Action: Approval Submitting Department/Agency: Management Services / Facilities Management Office City Manager: !L 7'� v' k 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXEUTE A LEASE FOR FIVE AND ONE HALF (51,�) 3 MONTHS WITH PIECES OF EIGHT, LLC, A VIRGINIA 4 LIMITED LIABLITY COMPANY, FOR 0.34 ACRES OF 5 CITY OWNED LAND LOCATED AT 2' STREET AND 6 ATLANTIC AVENUE IN THE CITY OF VIRGINIA 7 BEACH. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner 10 of 0.34 acres of unimproved real property located at 2nd Street and 11 Atlantic Avenue (the "Premises"); 12 WHEREAS, Pieces of Eight, LLC, a Virginia limited liability 13 company ("Pieces of Eight"), would like to enter into a formal 14 lease arrangement with the City for the Premises shown on 15 Exhibit "A"; 16 WHEREAS, the Premises will be used by Pieces of Eight as a 17 satellite parking lot for its customers participating on the 18 Pieces of Eight Pirate Cruise tourist attraction, and for no 19 other purpose; 20 WHEREAS, Pieces of Eight has agreed to pay the City 21 $24,750.00 for the use of the Premises for a five and one half 22 month period; 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 That the City Manager is hereby authorized to execute a 26 lease for a term of five and one half (51-�) months, between 27 Pieces of Eight, LLC, a Virginia limited liability company, and 28 the City of Virginia Beach (the "City"), for lease of 0.34 acres 29 unimproved real property owned by the City and located at 2nd 30 Street and Atlantic Avenue at Rudee Loop in accordance with the 31 Summary of Terms attached hereto as Exhibit "B", and such other 32 terms, conditions, or modifications as may be satisfactory to 33 the City Manager and the City Attorney. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia on the day of , 2006 APPROVED AS TO CONTENT Signat e Department APPROVED AS TO LEGAL SUFFICIENCY AND FORM A. )CA Signature CA-9864 X:\OID\REAL ESTATE\LEASES\Pieces of Eight\Pieces of Eight ordiance.rl.DOC R-1 February 10, 2006 COPY. THIS LEASE AGREEMENT ("Lease"), made this day of , 2006, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City" or "Lessor," party of the first part, and PIECES OF EIGHT, LLC, a Virginia limited liability company (GRANTEE/LESSEE), hereinafter referred to as "Lessee," party of the second part. WITNESSETH LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, LESSOR leases to Lessee and Lessee rents from LESSOR the following property, hereinafter referred to as the "Property", delineated as shaded area upon the attached map labeled "Exhibit A" entitled "EXHIBIT "A" "TO BE LEASED TO PIECES OF EIGHT BY THE CITY OF VIRGINIA BEACH"", reference being made to said exhibit for a more accurate description thereof and incorporated herein by reference thereto. LESSOR represents and warrants to Lessee, which representations and warranties shall survive the term hereof, that it is the record owner of the property and has full power and authority to enter into this Lease. 2. RENT. That for and in consideration of the sum of $24,750.00, payable in five (5) monthly payments of $4,500.00 and one (1) last payment of $2,250.00, no later than the 5ch of each month, over the term of this Lease, LES SOR does hereby lease and demise unto Lessee the Property. Rent shall be remitted to LESSOR at the address provided in Paragraph 14 herein, or such other address as LESSOR advises Lessee in writing at least five (5) days prior to the due date of the next installment of rent. 3. TERM. The term of this Lease shall be for five and one half months commencing May 1, 2006 and expiring October 15, 2006. 4. USE OF PROPERTY —PURPOSES. Lessee covenants that the Property shall be used solely for parking for clients participating on the Pieces of Eight cruise. Lessee shall use the Property only for the purposes listed herein and any other use thereof, unless necessarily incidental to such listed and allowed uses, shall constitute a breach of this Lease and cause its immediate termination. The Property is leased by LESSOR to Lessee "as is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. Lessee shall also be responsible for and will make any necessary improvements to the Property to meet any zoning requirements pertaining to its use of the Property for parking. 5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or transferred, and the Property shall not be sublet, either in whole or in part, by Lessee without LESSOR's prior written consent. 6. TERMINATION AND RIGHT OF ENTRY BY LESSOR A. In the event that Lessee shall for any reason be in default of the terms of this Lease, the LESSOR may give Lessee written notice of such default by certified mail/return receipt requested at the address set forth in Paragraph 14 of this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon the occurrence of a default, in addition to all other rights and remedies as provided by law, the LESSOR shall have the right to: (a) terminate this Lease, whereupon Lessee shall quit and surrender the Property to the LESSOR and Lessee shall remain liable for all Rent that may be due up to the time this Lease terminates or the LESSOR takes possession of the Property; (b) reenter and repossess the Property and lock out the Lessee; and (c) cure the breach or default at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses incurred by the VA LESSOR in curing the default and the same shall be additional Rent payable to LESSOR on demand. B. LESSOR reserves the right at any time, without prior written notice, to enter upon the property after it has been determined that an emergency exists. C. The parties acknowledge that LESSOR has certain powers, purposes and responsibilities by virtue of being a municipality. To discharge its powers, purposes or responsibilities, LESSOR shall have the right to require Lessee to immediately dismantle and remove any and all improvements from the Property, within forty-eight (48) hours after notice is given to Lessee, or a longer period if forty-eight (48) hours is not commercially reasonable. Thereafter, LESSOR shall have the exclusive right to enter upon and use the Property, and Lessee shall surrender possession and control thereof to LESSOR. 7. MAINTENANCE. Lessee will keep all equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all activities on the Property that fall under its control; and will act immediately in response to any notices by LESSOR with reference to the forgoing, which equipment Lessee shall remove at the termination of this Lease. It is further understood and agreed as part of the consideration hereof, that Lessee shall be responsible for the maintenance and/or repair of the Property arising out of Lessee's use of the Property. Should any maintenance and/or repair work be deemed necessary, then the decision of LESSOR as to the scope of the required work and the amount of such liability shall control and be binding on Lessee. 8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves the right to grant easements and rights of way across or upon the Property, for streets, alleys, public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation 3 canals, and similar purposes; provided, that the grant and use of such easement will not adversely affect Lessee's use of the property. 9. INDEMNIFICATIONIINSURANCE BY LESSEE. Lessee shall indemnify and save harmless LESSOR and all its officials, agents and employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on the Property, arising out of or in connection with Lessee's use of the Property. During the term of this Lease, Lessee shall obtain and keep in force the following policies of insurance: A. Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. B. Commercial General Liability Insurance in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name LESSOR as an additional insured. C. Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits (CSL); provided, that should Lessee enter into an arrangement with a third party to provide transportation to/from the Property to another location, such third party may satisfy the requirements of this Paragraph. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and, acceptable to LESSOR, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to LESSOR. Lessee shall provide a certificate evidencing the existence of such insurance. 10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws, rules and regulations of LESSOR and all other governmental authorities respecting the use, operation and activities on the Property, including all applicable environmental Laws, and shall not make or be a party to any unlawful, improper or offensive use of such premises or nuisance thereon. LESSOR hereby represents to the Lessee, that to the best of the LESSOR's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located on the leased Property or the soil or groundwater on or under the leased Property. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the LESSOR by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Lessee or by its employees, contractors, consultants, sub -consultants, or any other persons, corporations or legal entities retained by it for the leased Property, shall be paid by the Lessee. It is expressly understood and agreed that Lessee, in no way, represents or acts on behalf of LESSOR or any department thereof- 5 12. VENUE. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach, Virginia. 13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other sections, paragraphs, sentences, clauses or phrases. 14. NOTICES. Any notice which may be or is required to be given pursuant to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return receipt requested, and addressed as follows: If to Lessee, to: PIECES OF EIGHT, LLC 4308 ST. JAMES CIRCLE VIRGINIA BEACH, VA 23455 If to LESSOR, to: FACILITIES MANAGEMENT OFFICE CITY HALL BUILDING, ROOM 323 MUNICIPAL COMPLEX, BUILDING 1 VIRGINIA BEACH, VA 23456 15. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties hereto and may not be modified orally or in any manner other than an agreement in writing, signed by all the parties hereto and their respective successors in interest. This Lease shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors, and permitted assigns of the parties hereto. 16. SURVIVAL. The representations, warranties, and agreements of the parties contained in this Lease and in all other documents delivered in connection with this Lease shall survive the expiration or sooner termination of this Lease. n 17. HOLDOVER If Lessee fails to surrender the Property on the date that the Term of this Lease expires or terminates, Lessee's continued occupancy shall be deemed to be a tenancy -at -will (and not a tenancy from month -to -month or from year-to-year) cancelable by LESSOR upon forty-eight (48) hours prior oral or written notice, and such tenancy shall be subject to all of the provisions of this Lease, except that Rent during the holdover tenancy shall be equal to twice the Rent in effect immediately prior to the end of the Term. 18. NONDISCRIMINATIONIDRUG-FREE WORKPLACE. During the duration and performance of this Lease, Lessee agrees as follows: 1. Lessee shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to its normal operation. Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. 2. Lessee, in all solicitations or advertisements for employees placed by or on behalf of Lessee, shall state that such Lessee is an equal opportunity employer. 3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this paragraph. 4. Lessee will provide a drug -free workplace for Lessee's employees. 5. Lessee will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. 6. Lessee will state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains a drug -free workplace. 7. Lessee will include the provisions of the foregoing Subsections 1, 2, 3, 4, 5, and 6 in every sub -lease, sub -contract, or purchase order of over $10,000, pertaining to this Lease so that the provisions will be binding upon each sublettor, sub -contractor or vendor. 7 IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be executed by their proper representatives, pursuant to due authority, as of the day and year first above written. CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: COPY Ruth Hodges Smith City Clerk Lessee: PIECES OF EIGHT, LLC, a Virginia limited liability company By (SEAL) Name ekw , d Title Ho.�aA.ur. H � APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Facilities Management Office Law Department Department of Management Services APPROVED AS TO CONTENT: Risk Management P STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2006, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2006, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was fxp�'yk,�Vk; 2006,byV"Virginia limitd liability company, Lessee, on its - - - - - -__ . _ My commission acknowledged before me this day of of Pieces of Eight, LLC, a behalf. Aa/She is versonaM known to me. F:\Data\ATY\OID\REAL ESTATE\LEASES\Pieces of Eight\Rudee Parcel - Pieces of Eight.rldoc � � , . ��y>,�� < «� � «��= :�4 re # �:<yv :��.� �:� �§�� m��'\/�`� � � ..� p� . w w� �� ©° .. :.� � a� » � � «: y.� � � , ��\�%��t�� ,� ,� � , ��. �z.��+2 e F NZ ,..-. >.,. .. ,..�iuFw�1:. -.ca ... ,�''�+..__ °KR : C�.%'a"'4`'.�s 4 ..✓N. .,.+ �,_',. ai6 _ �.+'� z' _ssni� 5 mz'e , .. �, v..'�„4 '=T%.^z.... .._. a3. . . , EXHIBIT B SUMMARY OF TERMS LEASE FOR THE USE OF 0.34 ACRES OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Pieces of Eight, LLC, a Virginia limited liability company PREMISES: Approximately 0.34 acres of City property located at 2nd Street and Atlantic Avenue at Rudee Loop TERM: May 1, 2006, through October 15, 2006 RENT: Rent shall be $24,750.00, payable in 5 monthly installments of $4,500.00, and 1 last payment of $2,250.00. RIGHTS AND RESPONSIBILITIES OF PIECES OF EIGHT, LLC: • Will use the Premises for parking for its customers and for no other purpose. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. Will be responsible for any necessary improvements to meet any zoning requirements pertaining to the use of the Premises for parking. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will maintain Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the premises at any time, without prior notice, in the event of an emergency. • Will have the right to require Pieces of Eight, LLC, to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice, or a longer period if forty-eight (48) hours is not commercially reasonable, in the discharge of its powers, purposes, or responsibilities. • Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes, provided such grant does not adversely affect use of the Premises by Pieces of Eight, LLC. TERMINATION: The City may terminate the Lease upon uncured default by Pieces of Eight, LLC. l ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Purchase and Sale Agreement of the Lake Smith Fishing Station and adjacent property from the City of Norfolk MEETING DATE: February 28, 2006 ■ Background: The City of Norfolk owns several properties in Virginia Beach surrounding its Lake Lawson, Lake Smith and Little Creek Reservoirs. In 2000 and 2001, Norfolk sold some of its residual property in Virginia Beach to developers for a residential duplex development on Lake Lawson. Several neighboring communities in the Bayside area formed the citizen advocacy group known as The Friends of Lake Lawson and Lake Smith in support of preserving the natural area surrounding the reservoirs and specifically Lake Lawson and Lake Smith. Consequently, Norfolk agreed to give Virginia Beach the first right of refusal in acquiring any of its property in Virginia Beach in the future. Since that time, City Council approved the acquisition of 6.7 acres on Lake Lawson and Shell Road on May 6, 2003 for $300,000. The Lake Smith Fishing Station and adjacent natural areas is also part of the preservation effort surrounding the reservoirs. Once acquired, the Lake Smith Fishing Station will be operated by the Virginia Beach Department of Parks and Recreation. The Friends of Lake Lawson and Lake Smith and the City Council -appointed Open Space Subcommittee of the Parks and Recreation Commission support the acquisition. ■ Considerations: The agreed upon sale price for the Lake Smith Fishing Station and surrounding undeveloped lakefront property, encompassing 15.3875 acres, is $1,406,000. The acquisition will be funded by previously appropriated funds in CIP 4-004 Open Space Program Site Acquisition project. ■ Public Information: Advertisement of Virginia Beach City Council agenda to accept/purchase land from the City of Norfolk. In addition, the City of Norfolk will advertise a public hearing on Norfolk City Council's approval of the sale of 15.3875 acres of property to the City of Virginia Beach. ■ Alternatives: The City of Norfolk has provided Virginia Beach with the first right of refusal in acquiring the subject site, based on the City's interest in preserving the properties surrounding Lake Lawson and Lake Smith. If the City does not acquire the site, it may be sold for private development through Norfolk's Request for Proposal process. ■ Recommendation: It is recommended that the City Council approve the purchase of 15.3875 acres of property surrounding Lake Smith from the City of Norfolk for $1,406,000. 0 Attachments: Ordinance, Summary of Terms, and Map Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation 00-/ City Manager: lu�,� I AN ORDINANCE TO AUTHORIZE ACQUISITION OF THE 2 LAKE SMITH FISHING STATION AND ADJACENT 3 PROPERTY TOTALING 15.3875 ACRES FOR 4 $1,406,000 FROM THE CITY OF NORFOLK UNDER 5 THE OPEN SPACE ACQUISITION PROGRAM. 6 7 8 WHEREAS, in the opinion of the Council of the 9 City of Virginia Beach, Virginia, a public need exists for 10 the acquisition of open space property in order to preserve 11 natural and undeveloped areas in the northern portion of 12 the City; 13 WHEREAS, the City of Norfolk is the owner of 14 certain property located in the City of Virginia Beach, 15 commonly referred to as the Lake Smith Fishing Station and 16 adjacent property totaling 15.3875 acres, which property is 17 shown on Exhibit A attached to and made a part hereof ( the 18 "Property"); 19 WHEREAS, the City of Norfolk desires to sell the 20 Property to the City of Virginia Beach for a purchase price 21 of $1,406,000; and 22 WHEREAS both the City of Norfolk and the City of 23 Virginia Beach believe a public necessity exists to 24 maintain the property adjacent to Lake Smith in its 25 natural, undeveloped state in order to protect and preserve 26 Lake Smith as a water source. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 28 THE CITY OF VIRGINIA BEACH, VIRGINIA: 29 1. That the City Council authorizes the 30 acquisition by purchase pursuant to Sections 15.2-1800, et 31 seq., Code of Virginia of 1950, as amended, of all that 32 certain real property in fee simple, owned by the City of 33 Norfolk, and located adjacent to Lake Smith in the City of 34 Virginia Beach, which property is more particularly shown 35 on Exhibit A, attached hereto. 36 2. That the City Manager is hereby authorized to 37 make or cause to be made on behalf of the City of Virginia 38 Beach a Purchase and Sale Agreement for the property 39 previously described, for the sum of $1,406,000 and in 40 accordance with the terms contained in the Summary of 41 Terms, a copy of which is attached as Exhibit B. 42 3. That the City Manager is authorized to 43 expend $1,406,000 from CIP 4-004, Open Space Program Site 44 Acquisition, for the purchase of the property previously 45 described. 46 4. That the City Manager is further authorized 47 to do all things necessary and proper to effect the 48 purchase of the property and to carry out the terms of the 49 Purchase and Sale Agreement. 50 Adopted by the Council of the City of Virginia 51 Beach, Virginia, on the day of CA9703 H:\OID\REAL ESTATE\Acyui.,itiun.a\WORKING - DEEDS\Lake Smith\CA9703 Ordin:mce.duc R-2 February 21, 2006 2006. APPROVED AS TO CONTENTS w w- VNIS 1 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM C I1PY A' LAKE SMITH ACQUISITION SUMMARY OF TERMS SELLER: City of Norfolk PROPERTY: 15.3875 Acres adjacent to Lake Smith PURCHASE PRICE: $1, 406,000 ZONING CHANGE: Agreement allows Norfolk to terminate the agreement in the event the application to rezone the property to P-1 is not approved. RESTRICTIONS: No use of the Property is permitted that would adversely affect the use of the Lake as a water supply resource or adversely affect Norfolk's water system. Norfolk shall retain ownership of Lake Smith, the waters thereof, and a 25-foot buffer strip around the Lake over which the City of Virginia Beach shall have an easement. Use of Lake and Lake bottom will remain same as currently allowed. In addition to the 25-foot buffer strip, there shall be a 25-foot building setback wherein no improvements, fixtures, nor any structures may be placed unless related to stormwater management, bank stabilization, or other water -access related improvements subject to the review of Norfolk. RESALE OF PROPERTY: If Virginia Beach proposes to sell the Property to a third party, it must first offer to resell it to Norfolk at the same terms. Virginia Beach can dedicate or gift the Property for uses consistent with and subject to the terms of the Purchase Agreement with Norfolk. SETTLEMENT: The closing shall be held on or before sixty (60) days from the end of the Due Diligence Period, or as soon thereafter as all legal documents can be prepared, the Property subdivided and title problems, if any, can be resolved. H:\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\Lake Smith\Lake Smith SOT.doc l^ rl4 ?U'�£.�� t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Establishing Transition Rules for the Development of Property in the RT-2 Resort Tourist District MEETING DATE: February 28, 2006 ■ Background: On December 20, 2005, the City Council adopted an ordinance amending zoning regulations applicable in the RT-1, -2 and -3 Resort Tourist Districts. The ordinance amendments became effective as of the date of its adoption. Considerations: The proposed ordinance establishes transition rules for site plans and subdivision plats in the RT-2 Resort Tourist District. It provides that site plans and subdivision plats that are submitted by the close of business on May 1, 2006 shall be subject to the RT-2 District Zoning regulations that were in effect prior to the December 20, 2005 amendments. That rule, however, applies only to the initial submittal of the site plan or subdivision plat, and to one resubmittal in the event the site plan or subdivision plat is not approved. If disapproved upon resubmittal, the proposed development must thereafter comply with the provisions of the December 20, 2005 ordinance. The proposed ordinance has been brought forward at the request of Councilmember Richard A. Maddox. ■ Public Information: No special form of advertisement of public notice is necessary for this ordinance. ■ Alternatives: If the City Council declines to adopt the proposed ordinance, all development plans for property in the RT-2 Resort Tourist District that were not actually approved by December 20, 2005, including all new submittals, must meet the requirements of the December 20, 2005 ordinance establishing new regulations applicable in the Resort Tourist Districts. ■ Attachments: Ordinance establishing transition rules Recommended Action: Adoption of ordinance Submitting Department/Agency: Requested by Councilmember Richard A. Maddox City Manager: 1 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX 2 3 4 AN ORDINANCE ESTABLISHING TRANSITION 5 RULES FOR THE DEVELOPMENT OF PROPERTY IN 6 THE RT-2 RESORT TOURIST DISTRICT 7 8 9 WHEREAS, on December 20, 2005, the City Council adopted an 10 ordinance entitled "AN ORDINANCE AMENDING ARTICLE 15 OF THE CITY 11 ZONING ORDINANCE, PERTAINING TO USE REGULATIONS, DIMENSIONAL 12 REQUIREMENTS, VEHICULAR PARKING REQUIREMENTS, DENSITY 13 RESTRICTIONS AND DESIGN INCENTIVES IN THE RT-1, RT-2 AND RT-3 14 RESORT TOURIST DISTRICTS (hereinafter the "Ordinance");" and 15 WHEREAS, the Ordinance became effective as of the date of 16 its adoption; and 17 WHEREAS, it is the sense of the City Council that 18 transition rules should be adopted to govern certain development 19 applications that were not approved by the City prior to the 20 effective date of the Ordinance; 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 1. That the following rules shall apply to site plan and 24 subdivision plats for property wholly located within the RT-2 25 Resort Tourist District if requested by the applicant: 26 (a) Any subdivision plat or site plan pertaining to 27 property affected by the Ordinance that has been 28 accepted for review, but has been neither approved nor 29 disapproved, by the City on or before the close of 30 business on May 1, 2006, shall not be subject to the 31 amendments set forth in the Ordinance, but shall be 32 required to comply with the ordinances and regulations 33 of the City applicable to such property as of December 34 19, 2005; 35 (b) Any such subdivision plat that has been accepted for 36 review on or before the close of business on May 1, 37 2006, but which is thereafter disapproved, shall, if 38 resubmitted within thirty (30) days of the date of 39 disapproval or within thirty (30) days after May 1, 40 2006, whichever is later, be subject to the ordinances 41 and regulations of the City applicable to such 42 property on December 19, 2005; and 43 (c) That the provisions of Paragraph 2 hereinabove shall 44 apply only to one (1) resubmittal of a site plan or 45 subdivision plat which has been disapproved, such that 46 if the site plan or subdivision plat is disapproved 47 upon resubmittal, all further development of the 48 subject property shall conform to the provisions of 49 the Ordinance, as well as to all other applicable 50 laws, ordinances, regulations and standards. 51 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 That nothing in this ordinance shall be construed to affect 54 any vested rights which existed as of the effective date of the 55 Ordinance. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: r Y ! c City Attorney's Office CA9925 H:\OID\OrdRes\RT-2 Transition Rules ord.doc R-1 February 20, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of Cybex Fitness Equipment from Wareing's Gym to the Virginia Beach Law Enforcement Training Center MEETING DATE: February 28, 2006 ■ Background: Wareing's Gym, located at 700 19t' Street, has donated approximately $6,500 worth of used Cybex Fitness Equipment for use at the Law Enforcement Training Center. ■ Considerations: Under the provisions of State Code § 15.2-1108, Council must accept gifts related to the function of the municipal corporation. The donated equipment will improve the gym located at the Law Enforcement Training Center. ■ Public Information: The public will be informed through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police -SA-"'—' City Manager: �— .3 WHL 1 AN ORDINANCE TO ACCEPT A DONATION OF 2 CYBEX FITNESS EQUIPMENT FROM WAREING'S 3 GYM TO THE VIRGINIA BEACH LAW 4 ENFORCEMENT TRAINING CENTER 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That a donation of Cybex Fitness Equipment valued at 10 approximately $6,500.00 from Wareing's Gym is hereby accepted. 11 This equipment will be used in the Virginia Beach Law 12 Enforcement Training Center. The City of Virginia Beach shall 13 not be responsible for the replacement of this equipment. 14 15 16 17 18 19 20 COMMENT This Ordinance accepts used gym equipment donated by Wareing's Gym for use at the Law Enforcement Training Center. Adopted by the Council of the City of Virginia Beach, Virginia on the day of APPROVED AS TO CONTENT: Police Department CA9903 H:\PA\GG\OrdRes\Police Donation ORD R-3 February 17, 2006 2006. APPROVED AS TO LEGAL SUFFICIENCY: City orn y's Office �., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the Expenditure of Thirty Thousand Dollars in Support of the East Coast Surfing Championships MEETING DATE: February28, 2006 ■ Background: The East Coast Surfing Championships ("ECSC") are North America's Oldest Running Surfing Competition and the second oldest continuously run surfing contest in the world. The ECSC have been held annually in Virginia Beach since 1963. More than one hundred of the world's top professional surfers and an estimated three hundred amateur surfers will travel to Virginia Beach to participate in the 44th Annual ECSC on August 23-27, 2006. In addition to surfing, ECSC activities include an oceanfront 5K run, skimboarding, volleyball, and skateboarding. The Virginia Beach Jaycees plan and produce the ECSC. ■ Considerations: The ECSC attracts tourists to the resort area, and it also provides recreational activities for the City's residents. The ECSC is seeking designation by the Association of Surfing Professionals as a premier Pro Surfing World Qualifying Series event. Such a designation would increase national and international media attention and would attract notable professional surfers, thereby boosting event -related tourist revenue for resort area businesses and the City. The Virginia Beach Jaycees estimate that the costs to obtain the designation will be $60,000, which would result in total ECSC costs of more than $250,000. The attached resolution directs that $30,000 in funds previously appropriated to the Tourism Growth Investment Fund ("TGIF") —Oceanfront Special Events be given to the Virginia Beach Jaycees for the 44t" Annual ECSC. ■ Public Information: To be advertised in the same manner as other items on Council's agenda. ■ Attachments: Resolution Requested by Councilmembers Maddox and Reeve Requested by Councilmembers Richard A. Maddox and Jim Reeve 1 A RESOLUTION DIRECTING THE EXPENDITURE OF 2 THRITY THOUSAND DOLLARS IN SUPPORT OF THE 3 EAST COAST SURFING CHAMPIONSHIPS 4 WHEREAS, the East Coast Surfing Championships ("ECSC") are 5 North America's Oldest Running Surfing Competition and the 6 second oldest continuously run surfing contest in the world; 7 WHEREAS, the ECSC have been held annually in Virginia Beach 8 since 1963; 9 WHEREAS, more than one hundred of the world's top 10 professional surfers and an estimated three hundred amateur 11 surfers will travel to Virginia Beach to participate in the 44th 12 Annual ECSC on August 23-27, 2006; 13 WHEREAS, in addition to attracting tourists to the resort 14 area, the ECSC provides recreational activities for the City's 15 residents, including an oceanfront 5K run, skimboarding, 16 volleyball, and skateboarding; 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH: 19 That the City Manager is hereby directed to expend $30,000 20 from the Tourism Growth Investment Fund —Oceanfront, Special 21 Events to the Virginia Beach Jaycees for the 44th Annual East 22 Coast Surfing Championships. 23 Adopted by the City Council of the City of Virginia Beach, 24 Virginia, on this day of APPROVED AS TO LEGAL SUFFICIENCY: �m4t4� City Attorney's Office CA-9924 H:\PA\GG\OrdRes\Proposed\ECSC resolution.doc R-3 February 22, 2006 2006. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Granting Cox Communications of Hampton Roads, LLC A Second Extension to Respond to the City's Request for Formal Renewal Proposal Regarding the City's Cable Franchise MEETING DATE: February 28, 2006 ■ Background: The City's cable franchise agreement with Cox Communications of Hampton Roads, LLC ("Cox") expires in May 2006. A resolution was adopted by Council on November 22, 2005 authorizing the City Manager to issue a Request for Formal Renewal Proposal to Cox. The deadline for Cox to issue a response to the Request for Formal Renewal Proposal was originally January 23, 2006. On January 24, 2006, Council adopted a resolution extending the deadline for Cox to issue a response until February 28, 2006. ■ Considerations: Cox has again requested that the said deadline be extended by the City. This resolution will extend the deadline for Cox to respond to the City's Request for Formal Renewal Proposal until April 24, 2006. ■ Public Information: To be advertised in the same manner as other items on Council's agenda. ■ Alternatives: Deny an extension. ■ Recommendation: Adoption of Resolution ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: ComIT City Manager. 1 A RESOLUTION GRANTING COX 2 COMMUNICATIONS OF HAMPTON ROADS, 3 LLC A SECOND EXTENSION TO RESPOND 4 TO THE CITY'S REQUEST FOR FORMAL 5 RENEWAL PROPOSAL REGARDING THE 6 CITY'S CABLE FRANCHISE 7 WHEREAS, by resolution dated November 22, 2005, City 8 Council authorized the City Manager to issue a Request for 9 Formal Renewal Proposal to Cox Communications of Hampton Roads, 10 LLC ("Cox") regarding the City's cable franchise with Cox; and 11 WHEREAS, pursuant to the formal renewal process set forth 12 in 47 U.S.C. §546, the City may establish a date by which Cox 13 must issue a response to the Request for Formal Renewal 14 Proposal; and 15 WHEREAS, the original deadline for Cox to issue a response 16 was January 23, 2006; and 17 WHEREAS, on January 24, 2006, Council adopted a resolution 18 extending the deadline for Cox to issue a response until 19 February 28, 2006; and 20 WHEREAS, Cox has again requested that the said deadline be 21 extended by the City. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH: 24 That City hereby extends the deadline for Cox to respond to 25 the City's Request for Formal Renewal Proposal until April 24, 26 2006. 27 Adopted by the City Council of Virginia Beach, Virginia on 28 this day of , 2006. APPROVED AS TO CONTENTS: I C /) --A - &Qk- APPROVED AS TO LEGAL SUFFICIENCY: ,�- t_ 1�raw City Attorney s Office CA9918 H:\PA\GG\OrdRes\Proposed\Cox Amendment Res II R-1 February 17, 2006 K. PLANNING Application of TIMOTHY B. and TANIA OLDFIELD for the discontinuance, closure and abandonment of a portion of an alley adjacent to Lot 13, Block 13, Croatan Beach, 829 Vanderbilt Avenue, to extend the rear property line and incorporate the property into the existing single-family parcel. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 2. Petition for a Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for SIROUS SHOTORBAN and TARAH KISER at 1516 Mill Dam Road to subdivide an existing parcel into two lots for single-family dwellings. (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL 3. Application of SPRINTCOM, INC. fora Conditional Use Permit re a communication tower at 5648 Campus Drive. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 4. Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard Road (DISTRICT 7 — PRINCESS ANNE) a. Change ofZoninjz District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District to develop single-family homes b. Variance to §4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) DEFERRED: February 14, 2006 RECOMMENDATION: APPROVAL 5. Applications of RH Builders, Inc. on the east side of Shurney Lane south of Wesleyan 1. Drive (DISTRICT 4 — BAYSIDE) a. Change of Zoning District Classification from B-2 Community Business District to A-36 Apartment District to develop multi -family housing b. Conditional Use Permit re housing for seniors RECOMMENDATION: APPROVAL 6. Application of TANK LINES, INC. for a Change of Zoning District Classification from B-2 Community Business District to Conditional I-1 Light Industrial District at 1357 Diamond Springs Road to construct an office/warehouse. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 7. Application of BELLAMY ASSOCIATES, L.C. for a Change o Zoning District Classification from R-7.5 Residential District to Conditional A-18 Apartment District at 4416 Princess Anne Road re multi -family dwellings. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: DEFER TO MARCH 14, 2006 Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, February 28, 2006, at 6:00 p.m. The fol- lowing applications will be heard: DISTRICT 6 - BEACH Timothy B. & Tania Oldfield Application: Discontinuance, closure and abandonment of a portion of an alley adja- cent to 829 Vanderbilt Avenue, Lot 13, Block 13, Croatan Beach. DISTRICT 4 - BAY -SIDE. Tank Lines, Inc. Application: Change of ZoningDis- trict Classification from B-2 Community Business to Conditional 1-1 Light Industrial at 1357 Diamond Springs Road (GPIN 14691009070000). The Comprehensive Plan designates this site as being. within Strategic Growth Area #1, suitable for major corporate, employ- ment and industrial uses. The purpose of this rezoning is to construct an office/warehouse. SprintCom, Inc. Application: Conditional Use Permit for.a communication tower at 5648 Campus Drive`(GPIN 14681560210000). RH Builders, Inc. Application: Change of Zoning Dis- trict Classification from B-2 Community Business to A-36 Apartment on the east side of Shurney Lane. (GPIN 14684482090000). RH Builders, Inc. Application: Conditional Use Permit for housing for seniors on the east side of Shurney Lane. (GPIN 14684482090000). DISTRICT 5 - LYNNHAVEN .- Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdi= vision for Sirous Shotorban & Tarah Kiser, at 1516 Mill Dam Road (GPIN 24082984840000). DISTRICT 2 - KEMPSVILLE Bellamy Associates, L.C. Application: Chan e of Zon- ing District Classification from R-7.5 Residential.. to Conditional A-18 Apartment at 4416 Princess Anne Road (GPIN 14766093400000). The Comprehensive Plan designates this site as being within the Primary Residen- tial Area. The purpose of this rezoning is to develop multi -family dwellings. Oil interested citizens are invited to attend Ruth }-lodges Smith, MIMC City Clerk Copies of the proposed ordinances, resolutions and ar.,endments are ort fife and. may be examined in the I;epartment of Piaannit ig. I -Or information call 427-4621. ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain street known as "7.5' X 50.0' PORTION OF ALLEY TO BE CLOSED 3,750 S.F." as shown on that certain plat entitled "PHYSICAL SURVEY OF LOT 13, BLOCK 13, CROATAN BEACH 829 VANDERBILT AVENUE VIRGINIA BEACH- VIRGINIA FOR TANIA OLDFIELD STREET CLOSURE" MEETING DATE: February 28, 2006 ■ Background: An Ordinance upon Application of Timothy B. & Tania Oldfield for the discontinuance, closure and abandonment of a portion of an alley located 100 feet north of Lockheed Avenue and extending 50 feet in a northerly direction. Property is adjacent to the rear of 829 Vanderbilt Avenue, Lot 13, Block 13, Croatan Beach. DISTRICT 6 — BEACH ■ Considerations: The applicant requests to extend the rear, 50-foot long property line to the east by 7.5 feet, totaling 3,750 square feet, and incorporate that property into the existing single-family parcel. The portion of the alley proposed for closure is part of an undeveloped alleyway that runs north to south along the entire block between South Maryland Avenue and Lockheed Avenue. The street closure viewers committee and staff recommend approval of this request, as it was determined that there will be no public inconvenience from the closure and abandonment of this right-of-way. Evaluation of this request, as in any street closure application, is primarily based on current and /or future need for the right-of-way for vehicular, pedestrian and/or public infrastructure purposes. City Council has adopted a policy aimed at disposing of undeveloped rights -of -way to adjoining property owners in the Croatan community. The proposed street closure is recommended for approval. The Planning Commission placed this item on the consent agenda because they felt that this closure would not result in any public inconvenience. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Timothy B. & Tania Oldfield Page 2 of 2 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. The approval is for the eastern half of the 15-foot wide alley, being seven (7) feet, six (6) inches by fifty (50) feet, adjoining the rear of Lot 13, Block 13, Croatan Beach. The fence depicted on the submitted exhibit entitled "Physical Survey of Lot 13, Block 13, Croatan Beach, 829 Vanderbilt Avenue, Virginia Beach, Virginia, for Tania Oldfield, Street Closure", shall be relocated onto the applicant's property, out of the existing alley (right-of-way). ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 04� .O. City Manager: � ,�v Kyti TIMOTHY B. & TANIA OLDFIELD Agenda Item # 17 January 11, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Map M-8 Timoth B. & Tania Old field 00 AV i Q_ R-10 R -IO R'r10 Street Closure Discontinuance, closure and abandonment for a portion of an alley located 100 feet north of Lockheed Avenue and extending 50 feet in a northerly direction. Property is adjacent to 829 Vanderbilt Avenue, Lot 13, Block 13, Croatan Beach. ADDRESS / DESCRIPTION: Property located at the eastern 7.5 feet of an unimproved, unnamed alley adjacent to the rear property line of 829 Vanderbilt Avenue. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 52263765760000 6 - BEACH 3,750 square feet SUMMARY OF REQUEST The applicant requests to extend the rear, 50-foot long property line to the east by 7.5 feet, totally 3,750 square feet, and incorporate that property into the existing single-family parcel. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The portion of the alley proposed for closure is part of an undeveloped alleyway that runs north to south along the entire block between South Maryland Avenue and Lockheed Avenue. SURROUNDING LAND North: . Single family dwelling / R-10 Residential District USE AND ZONING: South: 0 Single family dwelling / R-10 Residential District East: . Vanderbilt Avenue, Single family dwelling / R-10 Residential District West: 0 Unimproved alley, Single family dwelling / R-10 Residential District OLDFIELD Agenda Item # 17 Page 1 NATURAL RESOURCE AND The site does not appear to have any significant historical, cultural or CULTURAL FEATURES: environmental features. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER & SEWER: There are no City water and sewer facilities within the existing right-of-way. PRIVATE UTILITIES: Preliminary comments from private utility companies indicate that there are no private utilities within the area proposed for closure. The Comprehensive Plan recognizes this area as being 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. This means that the established type, size and relationship of land use in and around these neighborhoods serve as a guide when considering future development. The portion of the alley proposed EVALUATION AND RECOMMENDATION for closure is part of an undeveloped alleyway that runs north to south along the entire block between South Maryland Avenue and Lockheed Avenue. The street closure viewers committee and staff recommend approval of this request, as it was determined that there will be no public inconvenience from the closure and abandonment of this right-of-way, subject to the conditions listed below. Evaluation of this request, as in any street closure application, is primarily based on current and /or future need for the right-of-way for vehicular, pedestrian and/or public infrastructure purposes. City Council has adopted a policy aimed at disposing of undeveloped rights -of -way to adjoining property owners in the Croatan community. The proposed street closure is recommended for approval with the following conditions. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies OLDFIELD Agenda Item # 17 Page 2 of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. The approval is for the eastern half of the 15-foot wide alley, being seven (7) feet, six (6) inches by fifty (50) feet, adjoining the rear of Lot 13, Block 13, Croatan Beach. The fence depicted on the submitted exhibit entitled "Physical Survey of Lot 13, Block 13, Croatan Beach, 829 Vanderbilt Avenue, Virginia Beach, Virginia, for Tania Oldfield, Street Closure", shall be relocated onto the applicant's property, out of the existing alley (right-of-way). 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. OLDFIELD Agenda item # 17 Page 3 ENGINEERING SERVICES, INC. - BY: c - FfO'=Yrs R! F MMIGEP, t ,I Gt 052.ciL 4. i+t;� As 3 93tR' 6' WOOD FiNCF_ k 4 • A:C LN;TS 00 0 o ` o 0 � p — s - STD Wf „ 3 � * ransnE 4 24.8 KI d �` kn Ica I 100.00, r.v. tt-- `,L" 5 4. 14' IS" £ 50.00' VAN LERBILT AVENUE (80') PHYSICAL SURVEY OF LOT 13, BLOCK 13 CROATAN MACH 82-9 VAN DERB I LT AVEN U E VIRGINIA :BEACH-VIRGINIA FOR TANIA OLDFIELD 5'TZEti' LL�s�j € SURVEY OF AREA TO BE CLOSED OLDFIELD AgendaItem# 17 Page 5 1 09/23/03 STREET CLOSURE Granted 2 10/24/04 STREET CLOSURE Granted 3 8/13/91 STREET CLOSURE Granted ZONING HISTORY OLDFIELD Agenda Item # 17 Page 6 — DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership: firm; business. or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners. etc. below: , Attach list if necessary) T imothy B Oldfield and Tania Oldfield 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) _................ X Check here if the applicant is NOT a corporation. partnership, firm. business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE j Complete this section only if property owner is different from applicant. 1 If the property owner is a corporation, partnership.. firm, business.. or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers. members, trustees, partners. etc. below: (Attach list if necessary) ............. ._...._ . 2. List all businesses that have a parent -subsidiary" or affiliated business entity` relationship with the applicant: (Attach list if necessary) _.. ❑ Check here i= the property owner is NOT a corporation.. partnership, firm, business. or other unincorporated organization. & See next page `or footnotes 5tree; Ctosur-_ ApP:icalr.,r Page '.2 0': 13 Revised 9;'1,2i;0a OLDIFIELD AgendaItem# 17 Page 7 DISCILOSURE 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) R. Edward Bourdon, Jr., Esquire Engineering Services. Inc. ' "Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. `'Affiliated business entity relationship' means "a relationship. other than parent -subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity.. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, i am responsible for obtaining and posting the recuired sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Timothy B. Oldfield ........--- Applicants Signature print Name Property Owner's Signature iif d fferer.t than applicant; Print N me N=: r.aii Wi;2.CC6 OLDFIELD Agenda Item # 17 Page 8 Item # 17 Timothy B. & Tania Oldfield Discontinuance, closure and abandonment of a portion of an alley located 100 feet north of Lockheed Avenue and extending 50 feet in a northerly direction. Property is adjacent to 829 Vanderbilt Avenue, Lot 13, Block 13, Croatan Beach District 6 Beach January 11, 2006 CONSENT Janice Anderson: The last item will be Item #17 Timothy B. & Tania Oldfield. This is for the discontinuance, closure and abandonment of a portion of an alley located north of Lockheed Avenue and adjacent to Vanderbilt Avenue in Croatan Beach in the Beach District. Mr. Bourdon. Eddie Bourdon: Thank you again Ms. Anderson. I represent the applicants and we are in accord with all the conditions including the fact that our fence will need to be moved back a half a foot. Thank you. Janice Anderson: Thank you. Is there any opposition? Mr. Bernas, will you review this application? Jay Bemas: Basically, in the Croatan subdivision there are alleyway right-of-ways that the City owns. There is no use or need to have these right-of-ways. The city has adopted a policy to dispose of these undeveloped right-of-ways for adjoining property owners in the Croatan community. The Commission recommends approval and recommends it for consent. Janice Anderson: Thank you Mr. Bernas. I would like to make a motion to approve the following item, Item #17, Timothy B. & Tania Oldfield with five conditions. Barry Knight: That is a motion to approve the consent item. Do I have a second? Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item # 17 Timothy B. & Tania Oldfield Page 2 KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0 the Board has approved Item #17 for consent. Barry Knight: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PAN IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "7.5' X 50.0' PORTION OF ALLEY TO BE CLOSED 3,750 S.F." AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PHYSICAL SURVEY OF LOT 13, BLOCK 13, CROATAN BEACH 829 VANDERBILT AVENUE VIRGINIA BEACH-VIRGINIA FOR TANIA OLDFIELD STREET CLOSURE" WHEREAS, Timothy B. Oldfield and Tania Oldfield applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 22 GPIN: 2426-37-6576 1 23 24 SECTION I 25 26 That the hereinafter described street be discontinued, 27 closed and vacated, subject to certain conditions being met on 28 or before one (1) year from City Council's adoption of this 29 ordinance: 30 31 All that certain piece or parcel of land 32 situate, lying and being in the City of 33 Virginia Beach, Virginia, designated and 34 described as "7.5' X 50.0' PORTION OF ALLEY 35 TO BE CLOSED 3,750 S.F." shown as the 36 hatched area on that certain plat entitled: 37 "PHYSICAL SURVEY OF LOT 13, BLOCK 13 CROATAN 38 BEACH 829 VANDERBILT AVENUE VIRGINIA BEACH- 39 VIRGINIA FOR TANIA OLDFIELD STREET CLOSURE" 40 Scale: 1"= 25', dated 09/07/05, prepared by 41 Engineering Services, Inc., a copy of which 42 is attached hereto as Exhibit A. 43 44 45 SECTION II 46 47 The following conditions must be met on or before one 48 (1) year from City Council's adoption of this ordinance: 49 1. The City Attorney's Office will make the final 50 determination regarding ownership of the underlying fee. The 51 purchase price to be paid to the City shall be determined 52 according to the "Policy Regarding Purchase of City's Interest 53 in Streets Pursuant to Street Closures," approved by City 54 Council. Copies of said policy are available in the Planning 55 Department. 2 56 57 2. The applicant shall resubdivide the property and 58 vacate internal lot lines to incorporate the closed area into 59 the adjoining parcels. The resubdivision plat shall be 60 submitted and approved for recordation prior to final street 61 closure approval. 62 3. The applicant shall verify that no private 63 utilities exist within the right-of-way proposed for closure. 64 Preliminary comments from the utility companies indicate that 65 there are no private utilities within the right-of-way proposed 66 for closure. If private utilities do exist, the applicant shall 67 provide easements satisfactory to the utility companies. 68 4. Closure of the right-of-way shall be contingent 69 upon compliance with the above stated conditions within one (1) 70 year of approval by City Council. If all conditions noted above 71 are not in compliance and the final plat is not approved within 72 one (1) year of the City Council vote to close the street, this 73 approval will be considered null and void. 74 5. The approval is for the eastern half of the 15- 75 foot wide alley, being seven (7) feet, six (6) inches by fifty 76 (50) feet, adjoining the rear of Lot 13, Block 13, Croatan 77 Beach. The fence depicted on the submitted exhibit entitled 78 "Physical Survey of Lot 13, Block 13, Croatan Beach, 829 3 79 80 81 82 83 84 85 86 1 90 91 92 93 94 95 96 97 98 99 100 101 102 Vanderbilt Avenue, Virginia Beach, Virginia, for Tania Oldfield, Street Closure", shall be relocated onto the applicant's property, out of the existing alley (right-of-way). SECTION III 1. If the preceding conditions are not fulfilled on or before February 27, 2007, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before February 27, 2007, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and TIMOTHY B. OLDFIELD and TANIA OLDFIELD as "Grantee." 4 103 Adopted by the Council of the City of Virginia Beach, 104 Virginia, on this day of 2006. CA-9709 H:\OID\REAL ESTATE\Street Closure\forms\ORD.doc R-1 January 20, 2006 APPROVED AS TO CONTENT: )i I-n-oj Planning epartment APPROVED AS TO LEGAL SUFFICIENCY: �� q. t�14L City Attorney 5 WE HEREBY DECLARE THAT ON SEP. O b 2005 WE SURVEYED THE PROPERTY SHOWN HEREON, THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS)) ARE AS SHOWN, THAT THE BUILDING(S) STAND STRICTLY WITHIN THE TITLE , LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWNAND THAT THE PRINCIPLE STRUCTURES SHOWN APPEAR TO FALL WITHIN ZONE X , AS SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP FOR THE CITY STATED BELOW, COMMUNITY NO. 6 f 55 ? 1 DATED 10 - 3 - 70 AND LAST REVISED 12. 5 • RG NO TITLE REPORT WAS FUR SURVEYOR PRIOR TO THE EXECUTION OF THIS SURVEY. ENGINEERING SERVICES, INC. - BY: NI MARL F RMIGER. JR. Pc , t-, '� ( A- I l 7 z `l OSP 6L LD - -4' wood ffNCi II•AIC UNITS 00 0 10� O O � O O ' '^ 3 • 9T0RY "1 .� FRAM{ r V 4 r. i I te in 29. e 15 N :2 m I 100. 00, LLL___ 5 4' 14' 15" L 50.00• VAN DER BI LT AVENUE (80-) PHYSICAL SURVEY OF LOT 13, BLOCK 13 CROATAN BEACH 829 VANDERBILT AWNUE VIRGINIA BEACH-VIRGINIA FOR TANIA OLDFIELD I STREET GLuSLIze engineering services inc CIVIL ENGINEERING - LAND SURVEYING ` luj 3351 STONESHORE ROAD VIRGINIA BEACH VIRGINIA 23452 (757) 468-6800 PROJ. 051St. I DATE: 04.07.05 1 SCALE: I"= 25' DWN. �.�. M.B. 24 PG, 37 IFR A-7.2 or- 1,40. 1 Subdivision Variance CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sirous Shotorban & Tarah Kiser — Subdivision Variance MEETING DATE: February 28, 2006 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Sirous Shotorban & Tarah Kiser. Property is located at 1516 Mill Dam Road (GPIN 24082984840000). DISTRICT 5 — LYNNHAVEN ■ Considerations: It is the intent of the applicant to subdivide an existing 41,973 square foot parcel into two (2) lots for single-family dwellings. The minimum lot width in the R-10 Residential District is 80 feet and the minimum lot size is 10,000 square feet. The existing property has approximately 104 feet at the front yard setback exceeds the minimum lot size for two (2) parcels (10,000 square feet each), as there is a total of almost 42,000 square feet. Since the lot is deficient in lot width for two (2) lots (a total of 160 feet is needed), a variance to the lot width requirement is necessary in order to subdivide as proposed. Examination of the zoning history and the pattern of development in the vicinity of this site indicate that similar projects on similarly configured lots have been approved in the past. This parcel will be developed in a manner consistent with the surrounding R-10 residentially developed properties and will be compatible with those properties, as this site is surrounded by single-family dwellings, all on R-10 lots. Ideally, when the adjacent properties developed, this site should have been incorporated into the surrounding neighborhood; however, for whatever reason, that was not the case, leaving this site oversized and underutilized. As the property is an unusual depth and size, as compared to the residential parcels adjacent and in the vicinity, this request is appropriate. The authorization of this variance will not be detrimental to adjacent property and the character of the neighborhood will not be adversely affected. The proposed parcels will meet or exceed the minimum lot size of 10,000 square feet for R-10 zoning (the smallest being 10,907 square feet and the larger with 31,066 square feet), which is in keeping with the surrounding properties. This request is similar to other requests abutting tidal waters and wetlands in the surrounding area, as well as lots of unusual depth, size and/or configuration. Sirous Shotorban & Tarah Kiser Page 2 of 2 There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve this request with the following conditions: The subdivision of the property and the final subdivision plat shall substantially adhere to the submitted plan entitled "Preliminary SUBDIVISION OF PARCEL LABELLED "ANNIS HOLLOWAY," prepared Gallup Surveyors & Engineers, dated, September 19, 2005. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. All conditions of the Chesapeake Bay Preservation Area Board's approval, dated October 24, 2005, shall also be conditions of approval of this Subdivision Variance. 3. There shall be only one (1) ingress/egress from this property onto Mill Dam Road. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department V10-01- City Manager: 5 IL , (j8wt, SIROUS SHOTORBAN & TARAH KISER Agenda Item # 16 January 11, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: R-10 Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: Property located at 1516 Mill Dam Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24082984840000 5 — LYNNHAVEN 41,973 square feet Existing Lot: The existing lot is 41,973 square feet and is SUMMARY OF REQUEST zoned R-10 Residential District. Proposed Lots: It is the intent of the applicant to subdivide the property into two (2) parcels for single- family dwellings. The minimum lot width in the R-10 District is 80 feet and the minimum lot size is 10,000 square feet. The property has approximately 104 feet at the front yard setback but is very much in excess of the minimum lot size for two (2) parcels (10,000 square feet each) with a total of almost 42,000 square feet. As the lot is deficient in lot width for two (2) lots (160 feet needed), a variance to the lot width requirement is necessary in order to subdivide as proposed. Item $ggwmd LotA Lot@ Lot Width in feet 80 104.46 15.02' Lot Area in square feet 10,000 10,907 31,066 "Variance required LAND USE AND ZONING INFORMATION EXISTING LAND USE: Wooded site with a single family dwelling SURROUNDING LAND North: . Single family dwellings / R-10 Residential District USE AND ZONING: South: . Mill Dam Road, single family dwellings / R-10 Residential District East: . Single family dwellings / R-10 Residential District West: . Single family dwellings / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: This site is within the Chesapeake Bay watershed. Portions of the property are within the Resource Protection Area, the most stringently regulated property in the Chesapeake Bay Preservation Area. The Chesapeake Bay Preservation Area Board reviewed and approved the encroachment into the Resource Protection Area, as depicted on the submitted plan, on October 24, 2005, with the 18 conditions listed below. 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 2. Dual 36" erosion and sedimentation control measures (silt fences) shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. 3. A heavy-duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 4. Permanent or temporary soil stabilization shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 5.Construction limits shall lay a maximum of 15' seaward of improvements. 6. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 7. Storm water runoff from both lots shall be conveyed to storm water management facilities 8. Pool decking shall be a maximum of 4'X4'X4'X8' (diving board end). 9. The pool shall be constructed prior to or concurrent with the residence. 10. Under deck treatment of sand and gravel shall be installed. 11. *'As offered by the applicant, payment for impervious cover associated with Lot B shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be in the amount of $915.00 and is based on 25% of the proposed impervious cover. Said payment shall provide for the equivalent of an approximate 998 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 12. For Lot B, all area outside of the authorized limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. For those portions of the area outboard of the authorized limits of construction currently not in a natural state, restoration /landscaping shall be installed prior to issuance of an occupancy permit. Said condition shall be so noted on the site plan. 13. Buffer restoration totaling 1,268 square feet shall be installed for Lot A. Said restorations is equal to 30% of the proposed impervious cover and shall utilize bayscape landscaping principles. The required restoration shall be in areas currently devoted to turf. Said restoration shall be installed prior to the issuance of the certificate of occupancy or final building inspection. Said condition shall be so noted on the site plan. 14. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. 15. Tree compensation shall be at a 3:1 ratio and shall be comprised of 50% evergreen and 50% deciduous species. 16. The proposed gravel driveway shall be constructed of #57 washed aggregate at a minimum depth of 6 inches. The applicant shall provide a fence or green screen adjacent to the property line along 1409 Water Mill Circle. 17. The conditions and approval associated with this variance are based on the site plan dated September 19, 2005, prepared by Gallup Surveyors and Engineers. 18. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER: This site must connect to City water. There is a 16-inch City water main in Mill Dam Road. This site does have an existing meter that may be used or upgraded. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #211 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer and an 8-inch City force main in Mill Dam Road. The Comprehensive Plan designates this area as a Primary COMPREHENSIVE PLAN Presidential area. The Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions. The recommended conditions are provided below. As one views the Zoning History and the pattern of development in the vicinity of this site, it is evident that similar projects on similarly configured lots have been approved in the past. This parcel will be developed in a manner consistent with the surrounding R-10 residentially developed properties and will be compatible with those properties, as this site is surrounded by single family dwellings all on R-10 lots. When the adjacent properties developed, ideally, this site should have been incorporated into the surrounding neighborhood; however, for whatever reason, that was not the case, leaving this site oversized and underutilized. As the property is an unusual depth and size, as compared to the residential parcels adjacent and in the vicinity, Staff's view is that this request is appropriate. Staff's opinion is that the authorization of this variance will not be detrimental to adjacent property and the character of the neighborhood will not be adversely affected. The proposed parcels will meet the minimum lot size of 10,000 square feet for R-10 zoning (the smallest being 10,907 square feet and the larger with 31,066 square feet), which is in keeping with the surrounding properties. This request is similar to other requests abutting tidal waters and wetlands as well as lots of unusual depth, size and/or configuration. CONDITIONS 1. The subdivision of the property and the final subdivision plat shall substantially adhere to the submitted plan entitled "Preliminary SUBDIVISION OF PARCEL LABELLED "ANNIS HOLLOWAY," prepared Gallup Surveyors & Engineers, dated, September 19, 2005. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. All conditions of the Chesapeake Bay Preservation Area Board's approval, dated October 24, 2005, shall also be conditions of approval of this Subdivision Variance. 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. A 29 N IA BEFORE YOU DIG, TO MtSS THE UTILITIES, CALL "MISS UTILITY' OF NROINfA AT 1-800-552-7001. aL_.----- ----------I�' I t , a I 14 d \�` to Tv Ii \'�a:Ow:Qeoemr.O,MI �E4i) Jj 1 PLVNTM BED "[CAL) ice._ t l) I mow nai {71P) ICK Ate` cI PRO' 2 STORY I _- RERESIDEPQSE77CE ANE I `\ w t I TOP OF BANK i- y FF-20.00 i 4 I a 17 -. POOL POW— a ' PROPOSED ru 0w. c]O:S,wc GRAVEL 1 a DRIVEWAY REMOVE EM'MG HOUSE. PROPOSED 2 STORYFRAME ° '` RESIOENCE ` •14' _L'Jj a ]a uE705TIN0 DRIVEWAY.. • IOTA AS AS MAIM STAdtiO/ I I STOCKIME AREA t. e ••� PROPOSED .GONG. APRON s r:®,. c �'. p p000 PSI. r Imm UK) • 7A $ 1• UIL14E E705T• DRIVEWAY �• BROAD „• J AS CONSTRUCBON ems— r�r ] PROPOSED CONC. APRON-- �v'R R�� (7000 PSL r THICK NIL) • '• 1 Ow tiaaca�NPIEraN oPPNo.LEc f vW �� tip► '�► - ♦ . ,; O a4 ., % / 1 05/09/88 SUBDIVISION VARIANCE Granted 2 11/12/89 09/17/91 SUBDIVISION VARIANCE CONDITIONAL USE PERMIT (tower) CHANGE OF ZONING (B-2 to R-10) CONDITIONAL USE PERMIT home for elder) Denied Denied Granted Granted 3 02/11/92 SUBDIVISION VARIANCE Granted 4 06/23/98 SUBDIVISION VARIANCE Granted 5 07/13/99 STREET CLOSURE Granted 6 09/09/03 SUBDIVISION VARIANCE Granted 7 11/25/03 SUBDIVISION VARIANCE Granted 8 08/10/81 08/09/82 CHANGE OF ZONING (B-2 to A-1) CHANGE OF ZONING B-2 to A-1 Granted Granted 9 08/13/84 07/07/86 CHANGE OF ZONING (R-5 to A-1) CHANGE OF ZONING R-5 to B-2 Denied Denied 10 08/13/84 CHANGE OF ZONING B-2 to A-1 Denied 11 01/21/85 CONDITIONAL USE PERMIT tower Granted Est DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sirous Shotorban & Tarah Kiser 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) i 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Subdivision Variance Application Page 10 or 11 Revised: QM2004 OISGLC7SURE 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) R. Edward Bourdon, Jr., Esquire Gallup Surveyors & Engineers, Ltd. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on `ihe subject property at least 30 days prior to the scheduled public hearing accord' g tvb the invtuction' " is pac ge. i ' Tarah Kiser Appirca Signa / Print Name r '! ' y% Sirous Shotorban aperty bwne ignature (7different than applicant) Print Name Subdivision Variance Appiicaton Page 11 or 11 Revised 911.2GO4 Item #16 Sirous Shotorban & Tarah Kiser Subdivision Ordinance, Subdivision for Sirous Shotorban and Tarah Kiser 1516 Mill Dam Road District 5 Lynnhaven January 11, 2006 REGULAR Joseph Strange: The next item is Item #16. It's an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Sirous Shotorban and Tarah Kiser. Property is located at 1516 Mill Dam Road. Barry Knight: Call your first speaker. We have a representative for the applicant. Mr. Bourdon. Eddie Bourdon: Excuse me. Give me just a second. Mr. Chairman, for the record, my name is Eddie Bourdon representing the applicants. I get confused on which one it is. I apologize. Keep a few things straight. Having passed out two other variances that have been approved right in the same area by City Council, this Commission and staff within the last 2'/z - 3 years. This is a parcel of land that is 42,000 square feet in size. It is zoned R-10 single-family residential. It is surrounded by two developments and other developments but two that are either side that are R-10. This property, prior to the enactment of the Chesapeake Bay Preservation Area Ordinance, every square foot of this property was developable. With the adoption of the Chesapeake Bay Act, there is a low section, very small low section at the very northwest corner of the property, which imposes upon the property under the state required mandate of the Chesapeake Bay Act a 100-foot buffer from that low area. The proposed two lot subdivision keeps both houses, the one closest more than 150 feet from that low area that is a non -tidal wetland area. From the Bay Board's perspective, water quality is being served here. There is no issue or question about that. It was approved. This variance that they were required to vote on was approved unanimously because we are well off. In fact, if you look at these developments to the west and to the east, these houses are located closer to the feature back in this area than the two homes that will be located here, one in the front and one here just off of the second house and off of this house. This development went all the way back and this one stopped short. We're not going as far back as either of those. As I indicated in the application, had this property been incorporated into either of the developments on either side, there is enough land here, and if it had more depth or width so you could put a road in, you can put four houses on this piece of property. The applicant, the long-time owner, originally saw it and was seeking to put three houses on it, and at the recommendation of both myself and staff, scaled it back to just two residences. They are high -end homes. The lots meet all the requirements of the Item #16 Sirous Shotorban & Tarah Kiser Page 2 ordinance itself for frontage. As I pointed out, there are two other variances that have been granted over in Shoveller, which you have copies in front of you. A very similar set of circumstances. It is a unique shaped piece of property, long and relatively narrow. All the conditions are acceptable as recommended to you by your staff. The homes are within keeping with the character of the neighborhood. My client is here. He has agreed to the one condition that you all discussed this morning in the informal about having a shared driveway so there would be only one access onto Mill Dam Road. That is an acceptable condition to us. I would also point out that the front house is actually going to be set back close to 70 feet from the pavement on Mill Dam Road. There is excess right-of-way on Mill Dam Road in front of this property, so you're not talking about homes that are going to be visible from Mill Dam Road at any great degree because of this significant setback that will exist based both on the excess front and the setback that we provided. If any of you have any questions I'll be happy to try to address them, as we were on the consent agenda. I see that there is someone here to speak. Barry Knight: Ms. Katsias. Kathy Katsias: I saw the two you passed out. That wasn't on a main street. It is only a cul-de-sac. Correct? My concern is the two driveways. Eddie Bourdon: We have no aversion in going with one driveway. There is certainly significant traffic volume on Mill Dam Road. It is not Shore Drive or Dam Neck in terms of getting in and out of the site. It is not a major difficulty other than when school is getting out. Kathy Katsias: You said that all of the property is buildable? I thought only 23,000 square feet. A lot of it is wetlands in the back. Eddie Bourdon: No ma'am, and if we can put the site plan back up? The only portion of this property that is non -tidal wetlands is a very little sliver right here in the corner. You can see the topographic lines. This is a bank here. But the lowest point back here is still like four feet. There is really not any water. There is drainage from these properties to our east. Eventually, without the benefit of the easement that goes into this area, this is all high ground. It is a steep slope, which before the Bay Act you can build on it all day long. With the Bay Act, we have 100-foot buffer lines, which are the lines shown here, a 50-foot seaward buffer and the 100-foot landward. Kathy Katsias: Thank you. Barry Knight: Any other questions? Mr. Berms. Jay Bemas: I've got a question. It's not laid over on that plat but isn't there an ordinance? And I don't know where the floodplain lies on that plat. In order to build in Item # 16 Sirous Shotorban & Tarah Kiser Page 3 that steep slope, you would probably have to fill that for the actual amount of a buildability of the lot. Eddie Bourdon: Jay. You're absolutely correct. What I was mentioning was that before the enactment of the Bay Act and with the Bay Act in place, which has arguably degraded the value of the property to some degree but we're not here to argue that point, that imposes restriction on land that was previously developed, which is no longer developable without a variance. In some cases, where we have existing lots, that is the only place you can build. That is happening. That does happen sometime but there is room to build on this property. What is before the Commission, I believe, and the Bay Board believes, is really a good compromise given the size of this piece of property, zoning which existed before the Bay Act, and what we've done in keeping the development reasonable in density and to improve water quality by keeping it well off any sensitive area with regard to the Bay Act provision. That is what we've done here. Barry Knight: Are there any other questions for Mr. Bourdon? Thank you Mr. Bourdon. Joseph Strange: Speaking in opposition we have Kimberley Weeks. Barry Knight: Welcome ma'am. State your name. Kimberley Weeks: My name is Kimberly Weeks. I have a couple of letters. One is from myself, and one is from a neighbor, who is unable to be here. Barry Knight: Give them to Mr. Livas. Kimberley Weeks: You may have seen them. We did mail them in but we also wanted to bring them in just in case they got lost in the mail. I live on 1409 Water Mill Circle. My house is the third house in, so the second house that is going in on this property will be directly behind me. I know that talking before the Chesapeake Bay Preservation Board about the water runoff. When it rains and my backyard, I have water running through my backyard to the corner, and at that corner of this fourth house, there is kind of a wilderness area where there is a pipe that comes out that takes all the drainage from these houses and the water runoff from my house and takes it over to that creek area, that steep embankment. That stays wet and marshy most of the time. So one of my concerns for the Chesapeake Bay Board was where is the runoff going to go from the two houses that are coming onto this new development. They assured me that it could not run on to my property. Despite the assurances, I still remain skeptical about that. And, my concern is that my backyard might turn into an impromptu swamp. I have a large backyard. The other thing about the lot that back behind us, I'm not really familiar with what the laws are. I know that there is a top of the bank that runs caddy corner across there where the top of that creek area is, and if the second house is to be built there, it is going to be squeezed off to the lot. I don't know if there are setback requirements but that house is only 10 feet from the house over here on Creek Way. So, I'm sure they're not happy with Item # 16 Sirous Shotorban & Tarah Kiser Page 4 that. I'm assuming it's the same clearance that I have, which is 20 feet clearance behind me. And as far as Shoveller goes, the flag lots are way back in here off of the main road, and if you want to consider something this is high -density area here right near Shoveller we're not. I don't feel that this area really represents the area over here. Barry Knight: Ms. Wood. Dorothy Wood: Did you say that your property and other properties are draining on to this property? Kimberley Weeks: No. Well, the way it runs is that this fourth house here, the back end of their property is a drainage area. Their fence doesn't go all the way back as far as my property goes. It is very heavily wooded. It drains into that creek area that kind of goes off this way. Everybody drains in. I'm not a water person so I can't. Dorothy Wood: So, rather then worry about them draining in to you all, it sounds like you all are draining into that lot. Right? Kimberley Weeks: Well, the slope of the land, if you want to look at the other one that has the plat itself, these two properties here behind me. You see the slope here. Dorothy Wood: Yes I do. Kimberley Weeks: That is the natural slope and it goes right along like this. So the natural slope goes caddy comer across my yard and goes into there. But they are above me. So, this area in here, I'm afraid will drain off towards me before it heads off back. Dorothy Wood: I see that. Thank you. Barry Knight: Any other questions 'or Ms. Weeks? Thank you ma'am. Mr. Bourdon. Eddie Bourdon: I appreciate Ms. Weeks' comments. We will not be draining our drainage onto her property. The elevation in the back of her property is little bit over 12 feet, and this area is about 10 feet. As you can see, the house here is at elevation 14-15 feet and the slope goes this way. There is certainly some fall off in that direction but we have to capture all of that water, treat all that water, and discharge it this way. That is where our natural drainage pattern goes. We're not permitted. We're all aware of this. We cannot drain on to their property. Ms. Weeks is absolutely correct that their drainage is going into a ravine on our property. It is what it is, but it is not something to get into a point of fingers scenario but that is what is occurring. We will not engineer our project and can't engineer our project so that any of our storm water goes on to this property. This is not low property. Ms. Weeks' property is again and I don't know what it is out of the street but I suspect it is probably even higher in elevations. This is where the highest of the water is going to eventually wind up to the north. Item # 16 Sirous Shotorban & Tarah Kiser Page 5 Barry Knight: Are there any questions for Mr. Bourdon? Ms. Anderson. Janice Anderson: Mr. Bourdon. Is there anything 10 feet away from anything? Eddie Bourdon: No. Our setback from our property line, our side setback is 10 feet. This corner house is 10 feet from the side property line. The rear yard setback on the homes to the east is a minimum 20 feet. So the closest would be 30 feet. We're 10 feet off the property line and the pool is going to be 20 feet from this house. The houses themselves will be separated by 55 to 60 feet. Barry Knight: Any questions? Ms. Katsias. Kathy Katsias: Are these owner -occupied? Eddie Bourdon: Single-family owner -occupied. Barry Knight: Is there anybody else? Ms. Wood. Dorothy Wood: Mr. Bourdon, Ms. Weeks also had a concern about the trees and the wildlife. I am sure that you will do what you can to preserve. Would you comment on that please? Eddie Bourdon: That is an issue that came up at the Wetlands Board and there are conditions on there. They also wanted a fence if I'm not mistaken along here, which we agreed to do as well as landscaping. All of this area around in the back, 150 feet back remains natural. There won't be any clearing taking place in this area. Again, put these BMPs in here to collect and treat our storm water, which is a Bay Act requirement. All of this area remains natural. We got specific requirements under the Bay Board conditions for the number of trees. Wherever we take them down and what we have to replace them with. There are significant planting requirements. Again, they are all set forth in the staff write up. The vegetation in the end you will have more vegetation or as much vegetation that exists there today when it is all said and done. Dorothy Wood: Would you mind looking at this? I think maybe you didn't see it. This is a proposed view with the house there. She did a good job. It doesn't look like there are a whole lot of mature trees there now but you will really work on preserving them? Eddie Bourdon: We will. I had not seen that Ms. Wood. Thank you. What we also indicated that we would do was to augment it because of all the trees that we have to plant. That is a good location for us to plant some of those trees. We're very happy to provide her with screening along there in addition to the fencing. Barry Knight: Ms. Katisas. Item #16 Sirous Shotorban & Tarah Kiser Page 6 Kathy Katsias: I'm in favor of this application with the added condition of one egress/ingress on Mill Dam Road. Therefore, I propose that we approve this application of this subdivision ordinance. Barry Knight: A motion to approve agenda Item #16. A motion made by Ms. Katsias and a second made by Mr. Livas with the three conditions. Let's call for the question. Gv1 Ds-tl��1 % I ANDERSON AYE BERNAS NAY CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 10-1, the application of Sirous Shotorban and Tarah Kiser has been approved. CUP for Communication Tower CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SprintCom, Inc. — Conditional Use Permit (communication tower) MEETING DATE: February 28, 2006 ■ Background: An Ordinance upon Application of SprintCom, Inc. for a Conditional Use Permit for a communication tower on property located at 5648 Campus Drive (GPIN 14681560210000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicant requests a Conditional Use Permit to attach communication antennas to an existing Dominion Virginia Power transmission tower. The proposed extension of the communication tower would result in an overall height of 105 feet. Equipment cabinets for the communications antennas will be located beneath the existing tower and enclosed by a black vinyl coated chain link fence approximately seven feet in height. The equipment cabinets and fence will be located within the footprint of the existing tower base. The Planning Commission placed this item on the consent agenda because the proposed tower will be located on an existing Virginia Power structure, satisfying the criteria for less intrusive locations for wireless communication facilities. The proposal meets all standards specified by the Zoning Ordinance for such facilities. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The tower shall be constructed substantially in adherence to the site plans entitled "N060XC833-C VEPCO Structure # 27/289 Sprint, Co -Location Transmission Tower", prepared by Alcoa Wireless Services, Inc., and dated 9/14/05 (issued for construction). This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall be limited in height to 105-feet. SprintCom Page 2 of 2 3. Landscaping around the tower shall comply with the City of Virginia Beach requirements. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. ■ 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: V"66"' SPRINTCOM Agenda Item # 13 January 11, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for Communication Tower Cor nn1LW i(AV0f1 lower ADDRESS / DESCRIPTION: Property located 5648 Campus Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14681560210000 4 - BAYSIDE 2.68 acres (Tower area 342 SF) The applicant requests a Conditional Use Permit to attach SUMMARY OF REQUEST communication antennas to an existing Dominion Virginia Power transmission tower. The proposed extension of the communication tower would result in an overall height of 105 feet. Equipment cabinets for the communications antennas will be located beneath the existing tower and enclosed by a black vinyl coated chain link fence approximately seven feet in height. The equipment cabinets and fence will be located within the footprint of the existing tower base. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Open space for a residential neighborhood. SURROUNDING LAND North: 0 Across Wesleyan Drive, single-family dwellings / R-10 USE AND ZONING: Residential District South: 0 Multi -family dwellings / A-12 Apartment District East: 0 Multi -family dwellings / A-12 Apartment District West: 0 Multi -family dwellings / A-12 Apartment District NATURAL RESOURCE AND The site consists of a grass open space with tennis courts beside a CULTURAL FEATURES: parking lot. SPRINTCOM Agenda Item # 13 Page 1 AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The proposed tower will be located on an existing Virginia Power structure, satisfying the criteria for less intrusive locations for wireless communication facilities. The proposal meets all standards specified by the Zoning Ordinance for such facilities. The recommended conditions are provided below. CONDITIONS 1. The tower shall be constructed substantially in adherence to the site plans entitled "N060XC833-C VEPCO Structure # 27/289 Sprint, Co -Location Transmission Tower", prepared by Alcoa Wireless Services, Inc., and dated 9/14/05 (issued for construction). This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall be limited in height to 105-feet. 3. Landscaping around the tower shall comply with the City of Virginia Beach requirements. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. SPRINTCOM Agenda- Item # 13 Page 2 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. SPRINTCOM Agenda Item # 13 Page 3 may, V --_.'. ��,�� E S a -i 4 `'�� i b �l'..✓'✓'� •" 11=2-uA A GKR� "16 10.7 .It, A= WW ;r wasw UrMP4 too r ox Pew 'Al ,,. AMMMM AMMM Oft PROPOSED TOWER 1 04127/99 Variance Granted 2 D5#25/93 Conditional Use Permit - church Granted 3 09130/85 Zoning change from R-5 to 0-1; condition pending Granted 4 1112M2 Zoning Change from R-5 to A-1 Granted ZONING HISTORY tOSURE STATEMENT APPLICANT Dt5CLOSUSE If the np pi iaarot i:5 a ontporntion, pail otnh p, firm, bt*4ies�;; or other unincoW. rated organization, compete the following: 1, Lrst ,Ina appivant name tollowed by the names of all officers, members. trustaos:. p rtrac r :; rat 4 tat atsl: (' tPtsral� 1i f if nvcrsa;aty) 2. Last all busirtasaas thatt fsava a paretnt-aubsidsery' ar aftiliated kausirteass errtity rdationship with the applicant, (Attact) fist if noc"sary) 0 Check hers it the applicant is N-OT a carp oratiran, partnership, firm, business, or othor unirtoorperated Manization, PROPERTY OWNER OtSCLOSURE f:or pl@te Mis secffcn cn v if property ow.1raer is diffefent fronn applicant. If The property owner is a corporation, partnership, firm, Uusinesa. or other unincorporatod orrgariizaton, complete the folio -wing: 1. List the property oviner name fella+wd by the names of all officers, membom, trustoos, iwMen,, otc, brolow: (Att:arh fist if necessary, s' P. UM 1l busing ,es that have a parent -subsidiary' or afi Cat€:d busirto„ Entity` rolattonchip with tho applicant, fArrich first rf rte=c,wrryl Crie,* bore 4 tht" pioperiy tauter i r is NOT a evaporation, p afltnership, firn), U081ness, cr r-ttatrunit cDrporjto +irganization. bum"! b�= i.cn J. Lau':r (fene William R. Wessilit-1 A. (10rcW John PAlt! cr - si-''" -,n M- C% tahin A. Rock 11. -Adicil Da-"�J B_ Boaotn-w (iary F.- Charde j-, i� Davis ,w on C -Arock !-':mils C_ 11-ocr U1613 'N- `�U>S; Q 111. 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Nayduch ,tnfrot`e,-�"Wl� A� i�4�JtL 7 V €ffiit taT'%`44"}1 President ww �a tc a4tw. 14 Mwofo 9t, is ¢ro:t'g 1'r�+t Nr�r �� ,:. , � • �. �,_:� �.•;.�tr-.fir:: >: < x:: y.. c ►PRINTGOM Agenda Item 113 Page 9 Item # 13 Sprintcom, Inc. Conditional Use Permit 5648 Campus Drive District 4 Bayside January 11, 2006 CONSENT Janice Anderson: The next item is Item #13 Sprintcom, Inc. This is for a Conditional Use Permit for a communication tower on property located at 5648 Campus Drive in the Bayside District. Is there a representative? Richard Nayduch: Yes. My name is Richard Nayduch. I'm representing Sprintcom. We're in agreement with staff s recommendation. We're looking for approval on this. Janice Anderson: Sir, they had six conditions. You're in agreement with those six? Thank you. Richard Nayduch: Thank you. Janice Anderson: Is there any opposition? Ron Ripley, would you explain that application? Ron Ripley: This application is for a new cell tower that is really going to be located right on the existing Virginia Power structure. It is a high-tension power line that runs through. It is 100-foot tall existing power line that is strung through this area of the City. This tower will be in that particular line and we feel it is an appropriate area to be versus being put out into an open area. The conditions provide for landscaping of the equipment that will surround there. The tower and other standard conditions that staff would normally put in here in this application. We felt that it was an item for consent. Janice Anderson: Thank you Mr. Ripley. Lonald Casino: May I ask a question? Barry Knight: Come forward please. Welcome sir. Please state your name. Lonald Casino: My name is Lonald Casino. I'm on the Board of the Campus East Association. We have a question about the particular cell tower. We just want to make sure that all the appropriate electromagnetic safety zones have been considered in the application and the Planning Commission has done that accordingly. Barry Knight: Who is our staff person on it? Karen. Item #13 Sprintcom, Inc. Page 2 Karen Prochilo: We have received all the NIER reports. I'll be happy to show you those. This is an extension of an existing tower so it will be located on an existing Dominion Tower. If you want to take a few minutes outside I'll show you all the information. Lonald Casino: My concern is not particular the tower but the safety zone for the electromagnetic for potential residents who may be within in 100 — 200 feet of the tower. My gut reaction was the NIER Study, which has just been done. That concern has been voiced by a couple of people in the Association so here I am. Barry Knight: Sir, if you would like to Ms. Prochilo will take you outside and explain it to you. If you still have some reservations we'll pull it off consent and we'll hear it. She'll explain it to you outside. Thank you sir. LATER Barry Knight: We would like to go back to the consent Item #13. The Chair understands that there is no opposition to placing this on consent. If there is not, I will turn this over back to the Vice Chair. Janice Anderson: It is back on the consent agenda. This is Item #13, Sprintcom, Inc. It is for a Conditional Use Permit for a communication tower on property located at 5648 Campus Drive in the Bayside District. Mr. Ron Ripley will explain that application. Ronald Ripley: I think I did that already. Barry Knight: Did you? Ronald Ripley: I did that already and then he came up. Janice Anderson: I'll make a motion to approve agenda Item #13 with six conditions. Barry Knight: Mr. Crabtree has made a second. Is the gentleman still here who had the opposition? Lonald Casino: I'm not sure if that is me. Barry Knight: Yes sir. Would you like to come back up and withdraw your opposition formally? Lonald Casino: Okay. Barry Knight: State your name and come back sir. Thank you. Item # 13 Sprintcom, Inc. Page 3 Lonald Casino: My name is Lonald Casino. We have, currently at this time, no opposition for the proposal. Barry Knight: Thank you sir. We have a motion to approve and a second by Mr. Crabtree. AYE 11 ANDERSON AYE BARNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved Item #13 for consent. Barry Knight: Thank you. FPOM : JOSHUR MEDICAL SERVICES FAX NO. : 7574645292 Jan. 11 2006 12:47PM P2 Nar tkwesf Seack ?parfnerskii Board Members: P.J. Padrick -President Dave Tlrado - lstvice President, Bruce Welmr - 2nd Vice President, Kale Warren -Treasurer, Michele A. Galdun -Secretary Email: northwestbeachoartnerS@verizon net Dear Mr. Ripley, At a recent meeting of the board, several items on the January 11, 2006 agenda were discussed- We wanted to inform the Planning Commission of the out come of those discussions. Listed below is each item as listed in published Planning Commission Agenda. Item Number 1 Danny K. Martin Application for a Change of zoning District Classification from R-5D to 1-1 at 5840 Burton Station Road. The Northwest Beach Partnership has had an on going discussion with general membership concerning the Burton Station area as well as the Northampton Blvd Corridor. We feel this is in keeping with our vision of the area, therefore the NWBP Board voted unanimously to support this application. Item Number 2 Tank Lines, INC. Application for a Change of zoning District Classification from B-2 Community Business District to Conditional 1-1 at 1357 Diamond Springs Road. The NWBP has had an on going discussion with general membership concerning the Northampton Blvd Corridor and the Industrial Park Area. We feel this application is in keeping with our vision of the area, therefore the NWBP Board voted unanimously to support this application. Item Number 8 & 9 RH Builders, INC Application for a Change of zoning District Classification from B-2 Community Business District to Conditional A-36 Apartment District 184.37 feet south of Wesleyan Drive. We understand the items have been deferred until February; we plan to have comment then. Item Number 13 SprintCom, Inc. Application for a Conditional Use Permit for a communication tower on property located at 5648 Campus Drive. The NWBP Board voted unanimously NOT to support this application. The tower would be unsightly and perhaps cause problems with TV and radio reception. We feel there are far better locations for a tower other than in a residential community. FROM : JOSHUA MEDICAL SERVICES FAX NO. : 7574645292 Jan. 11 2006 12:47PM P3 We again thank the Commission for the opportunity to be heard on these matters. We would welcome any developer or builder to meet with us to discuss our plans for our community. You or any of the staff are free to call our Secretary, Michele Galdun to arrange a meeting. Respectfully, Secretary Michele A. Galdun writing for N0,4*wt lgea,4 Varfnerskp Board 757-490-9572 northw stbea h a e C b rtnersQvenozon net Members: 26 Cypress Pointe HOA, Aragona Village Civic League, Crystal Point HOA, Cypress Point Civic Assoc, Diamond Lake Estates Civic League, L&J Gardens Civic League, Lake Edward Area Civic League, Lake Smith Terrace, Haygood Point & Governor Square Civic League, Lakeview Park Civic League, Lawson Forest Civic League, Lynbrook Landing Civic League, Newsome Farms Civic League, Traditions at Cypress Point HOA, Wesleyan Chase Civic League, Wesleyan Forest Civic League, Wesleyan Pines/Campus East Community Assoc, Witchduck Lake Condo Assoc. - 33 - Item V-J.4. CZAWrk`leltfflJ ITEM # 54920 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of February 28, 2006, Ordinances upon application of HERON RIDGE PROPERTIES II, L.L.C. for a Conditional Change of Zoning and Variance to §4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance: A ND, ORDINANCE UPON APPLICATION OF HERON RIDGE PROPERTIES II, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL R-20 Ordinance upon Application of Heron Ridge Properties II, L.L. C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District on property located at 2817 Seaboard Road (GPINs 24036750380000; 24036647250000). The Comprehensive Plan designates this site as being within the Princess Anne Transition Area, suitable for cluster housing using creative planning and development techniques. The purpose of this rezoning is to develop single-family homes. DISTRICT 7 — PRINCESS ANNE Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Heron Ridge Properties II, L.L.C. for property located at 2817 Seaboard Road (GPINs 24036750380000; 24036647250000). DISTRICT 7 — PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 14, 2006 Herons Ridge Properties 0 SAG AG-1 � AG-1 AG-2 AG- L 9VIA �'i►.AMON Conditional Zoning Change - AG-9 & AG-2 to R-20 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Heron Ridge Properties II, L.L.C. — Change of Zoning District Classification and Subdivision Variance on property located at 2817 Seaboard Road (GPINs 24036750380000;24036647250000) MEETING DATE: February 28, 2006 ■ Background: a) An Ordinance upon Application of Heron Ridge Properties II, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District b) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. DISTRICT 7 / PRINCESS ANNE This item was deferred at the February 14 City Council meeting. ■ Considerations: The applicant proposes to rezone the existing AG-1 and AG-2 Agricultural District site to Conditional R-20 Residential District and develop the site with eight (8) lots. The proffered site plan depicts 8.4 acres with eight (8) lots ranging in sizes from 20,021 square feet to 44,323 square feet. The 44,323 square foot lot surrounds the existing old farmhouse and its facilities and landscape. After deducting land area for the proposed right-of-way dedication along Seaboard Road and the interior roadway there are 3.55 acres of open space, or 43 percent of the acreage. The applicant is retaining the cedar tree line along the southern portion of the site and integrating it into the open space area. A 100-foot buffer, as required under the Transition Area policies, is depicted along Seaboard Road. A multi -purpose trail meanders across the front of the site connecting to a proposed trail through the wooded farm road. Buffering from adjacent uses is depicted on the plan as a combination of fencing and landscape plantings behind all of the lots. Details for the buffers are depicted in the attached staff report. Each home is proffered to contain no less than 2,500 square feet of floor area, excluding garage, for one-story units, and no less than 2,800 square feet of floor area for units over one-story. Each home will have a garage for a ,minimum of two (2) automobiles. The applicant has also proffered that all the residential dwellings constructed on the property shall have visible exterior surfaces, Heron Ridge Properties II, L.L.C. Page 2of2 excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. These proffers insure that the proposed dwellings are of the same high quality as those in adjacent neighborhoods, ensuring values well above $500,000. Staff concludes that with the revisions to the plan made since the Planning Commission hearing, the proposed development now meets the criteria defined in the Princess Anne / Transition Area Design Guidelines. Staff believes that the applicant has now done everything possible to 'strive' toward meeting the 50 percent requirement, and that there are three factors which, when combined, act to overcome the seven percent deficiency in open space. Those factors are as follows: 1. The retention of the old farmhouse, including its placement on a lot double the size of the other lots in order to retain its "context" to the greatest extent possible. While not directly providing open space, the retention of the old farmhouse in its landscape context provides a visual and cultural amenity for the future homeowners and for the surrounding property users. Since the development plan is proffered, the lot for the farmhouse cannot be subdivided in the future, thus ensuring that the farmhouse in its context is retained. 2. The small size of the site (8.4 acres), the desire to maintain the old farmhouse, and the site's configuration provide a 'design envelope' that constrains the ability to provide 50 percent of the site in open space. 3. The location of the Heron Ridge Golf Course to the west serves as an amenity for this development even though it is not part of this development. Having this open space immediately adjacent to the proposed development is a factor which must be positively considered in evaluating the provision of open space for this development. Recommendations: The Planning Commission passed a motion by a recorded vote of 8-1 with 1 abstention to approve the requests as previously submitted. ■ 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: s HERON RIDGE PROPERTIES II, L.L.C. Agenda Item # 11 2 REVISED FOR February 28, 2006 City Council Meeting ma -13 Herons / • / / ' f . jj� - a Conditional7-oning Change - AG-1 & AG-2 to R-20 1) Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-20 Residential District. 2) Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: Property located 2817 Seaboard Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24036750380000 7 — PRINCESS ANNE 8.41 acres 24036647250000 The applicant proposes to rezone the existing AG-1 and AG-2 SUMMARY OF REQUEST Agricultural District to Conditional R-20 Residential District and develop the site with eight (8) lots. The site is within the Princess Anne area, formerly the Transition Area. The allowable density for the area is one dwelling unit or less per developable acre provided the development meets certain criteria defined within the Comprehensive Plan, Chapter 5 - Princess Anne. The proffered site plan depicts 8.4 acres with eight (8) lots ranging in sizes from 20,021 square feet to 44,323 square feet. The 44,323 square foot lot surrounds the existing old farmhouse and its facilities and landscape. The lot will remain in private ownership, but does serve as a visual amenity for the neighborhood or the public since the context of the farmhouse is largely retained. After deducting land area for the proposed right-of-way dedication along Seaboard Road and the interior roadway there are 3.55 acres of open space, or 43 percent of the acreage. The applicant is retaining the cedar tree line along the southern portion of the site and integrating it into the open space area. A 100- foot buffer, as required under the Transition Area policies, is depicted along Seaboard Road. A multi- purpose trail meanders across the front of the site connecting to a proposed trail through the wooded farm road. Berming is proposed adjacent to the right-of-way. Category IV screening is proposed along the rear of proposed Lots 1, 2, and 3. The applicant also proposes an eight (8) foot privacy fence and Category IV screening along the western portion of the site adjacent to the golf maintenance facility and golf course. Also. depicted on the plan in response to concerns from the Planning Commission is a Category IV landscape buffer behind Lots 6, 7, and 8 and a modified buffer (consisting of shrubs) behind a portion of Lots 5 and 6. The applicant is also proffering $25,000 a lot toward the purchase of open space within the Transition Area. The applicant did not submit any architectural elevations but has provided the typical Transition Area proffer that the dwellings will contain no less than 2,500 square feet of floor area, excluding garage, for one-story units, and no less than 2,800 square feet of floor area for units over one-story. Each home shall have a garage for a minimum of two (2) automobiles. The applicant has also proffered that all the residential dwellings constructed on the property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. These proffers insure that the proposed dwellings are of the same high quality as those in adjacent neighborhoods, ensuring values well above $500,000. The subdivision variance request is for reduced lot width for several of the proposed lots. In order to save the stand of cedar trees along the southern portion of the site staff encouraged the applicant to cluster the lots along the existing driveway to the existing home. By using the configuration of the existing driveway and shortening the length of the cul-de-sac, the trees can be saved and used as an amenity in the open space. However, this also caused the need for the subdivision variance request for the reduced lot widths. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling and several outbuildings occupy the site. SURROUNDING LAND North: . Single-family dwellings / AG-2 Agricultural USE AND ZONING: South: Single-family dwelling / AG-2 Agricultural East: . Seaboard Road • Across Seaboard Road are Single-family dwellings / AG-2 Agricultural West: 0 Golf Course / AG-1 Agricultural NATURAL RESOURCE AND Along the northern portion of the site are several mature trees, shrubs CULTURAL FEATURES: and underbrush. Along the southern portion of the site is a stand of cedar trees, which previously lined the old farm road into the now Heron Ridge Estates subdivision. There are no cultural features associated with the site other than the old farmhouse. 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): Seaboard Road in front of this site is a two-lane collector street. There are no projects in the currently adopted Capital Improvement Projects to improve this section of Seaboard Road. The Master Transportation Plan depicts Seaboard Road as a 110-foot width right-of-way with a bikeway. During detailed site plan review a right turn lane on southbound Seaboard Road to the proposed connector road will be required. Additionally right-of-way will be required to be dedicated at the corners of the proposed connector road with Seaboard Road. The proffered site plan depicts 15-foot corner radii at Seaboard Road; this must be increased to a 35-foot radii. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Seaboard Road 2.996 ADT 6,200 ADT Existing Land Use — 10 Proposed Land Use 3- 110 'Average Daily Trips 2 as defined by the existing single-family dwelling 3 as defined by 8 single-family dwellings WATER: City water does not front the site, but it may be extended for connection purposes provided hydraulic analysis supports the potential demand. There are ten (10) inch city water mains in Heron Ridge Drive and Heron Ridge Lane. Health Department approval is required for private wells. The developer has indicated that the proposed development will connect to the City water system. SEWER: The subdivision must connect to City sanitary sewer. Analysis of Pump Station #633 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a six (6) inch City force main and an eight (8) inch gravity sanitary sewer line in Heron Ridge Road. An eight (8) inch gravity sanitary sewer line exists in Heron Ridge Lane. The Comprehensive Plan recognizes this site to be within the COMPREHENSIVE PLAN Princess Anne / Transition Area. The land use planning policies and principles focus strongly on promoting this area as a well -planned, low density, fiscally sound and desirable destination for people to live, work, and play. "The policies of this Comprehensive Plan are designed to ensure that the Transition Area continues to be a well -planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments." (p. 143) The Transition Area Matrix was used to evaluate this proposal. The evaluation indicates that the plan as submitted meets the Transition Area policies. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The proposal has been revised since the Planning Commission hearing and now conforms to the Comprehensive Plan's recommendations for this area. Development within the Princess Anne / Transition Area is not to be considered as a continuation of the higher density growth existing in the northern urban area of the city, but as a more limited type of growth, with its own development standards suitable to the character of the area. The proposed density for this part of the Transition Area, outside the Interfacility Traffic Area related to NAS Oceana, is one dwelling unit or less per developable acre depending upon the degree to which the proposal meets the Transition Area criteria. This density minimizes the level of impact on existing public infrastructure and avoids the need for higher level and more expensive urban improvements. This is in keeping with the intent of the Green Line in that it ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density development in this area. The development must strive for a minimum of 50% open space, which should be used to mask the development from roadways by integrating berms, trees, buffers and trails, and to provide public spaces and recreational opportunities. Staff concludes that with the revisions to the plan made since the Planning Commission hearing, the proposed development now meets the criteria defined in the Princess Anne / Transition Area Design Guidelines. The site is 8.41 acres with eight residential lots proposed. The lots vary in size from 20,021 square feet to 44,323 square feet and are clustered in the northern portion of the site near the old farmhouse. The front of the site is to be landscaped with vegetation and berms. Multi -purpose trails are provided for the use of the residents and the neighboring community. The plan, therefore, now satisfies the Transition Area criteria in almost all respects. The plan does not, however, provide a minimum of 50 percent open space. Only 43 percent of the site is in open space, seven percent less than the 50 percent minimum open space. Staff, however, believes that the applicant has now done everything possible to `strive' toward meeting the 50 percent requirement, and that there are three factors which, when combined, act to overcome the seven percent deficiency in open space. Those factors are as follows: 1. The retention of the old farmhouse, including its placement on a lot double the size of the other lots in order to retain its "context" to the greatest extent possible. While not directly providing open space, the retention of the old farmhouse in its landscape context provides a visual and cultural amenity for the future homeowners and for the surrounding property users. Since the development plan is proffered, the lot for the farmhouse cannot be subdivided in the future, thus ensuring that the farmhouse in its context is retained. 2. The small size of the site (8.4 acres), the desire to maintain the old farmhouse, and the site's configuration provide a `design envelope' that constrains the ability to provide 50 percent of the site in open space. 3. The location of the Heron Ridge Golf Course to the west serves as an amenity for this development even though it is not part of this development. Having this open space immediately adjacent to the proposed development is a factor which must be positively considered in evaluating the provision of open space for this development. These three factors taken together lead Staff to the conclusion that the applicant has made a serious effort to strive toward a minimum of 50 percent of the site in open space. Thus, Staff recommends approval with the proffers as submitted. The proposed proffers are listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed it shall be subdivided and landscaped substantially as depicted on the "CONCEPTUAL SITE LAYOUT PLAN OFOAK BREEZE HERON RIDGE PROPERTIES", dated 7/26/05, and prepared by MSA, P.C. ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: Except for the existing dwelling located upon the lot designated 5 on the Concept Plan, each of the single family residential dwellings to be constructed shall contain no less than 2500 square feet of enclosed living area, excluding garage for one-story and no less than 2800 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles PROFFER 3: Except for the existing dwelling located upon the lot designated 5 on the Concept Plan, all residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. PROFFER 4: When the Property is developed, the "DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK BREEZE", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be recorded by the Grantors for the purpose of subjecting the Property to the requirements set forth therein. PROFFER 5: The party of the first part recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Twenty -Five Thousand Dollars ($25,000.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are generally acceptable; however as noted in the Evaluation section of this report, the site could be developed and meet the Transition Area polices, but the plan as proffered does not. The proffers, therefore, cannot be fully supported. The City Attorney's Office has reviewed the proffer agreement dated July 26, 2005, and found it to be legally sufficient and in acceptable legal form. 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. AERIAL OF SITE LOICATIOR-111. HERON RIDGE PROPERTIES 11, L.L.C. City Council Meeting of February 28, 2006 Page 7 � C pQ 3 apt MOM ERELWJ �Al IS 7� 4.9 = — ng E 03 s 0 1. 1/14/03 Rezoning (AG-1 and AG-2 Agricultural to Conditional R-20 Residential Approved 2. 9/18/89 Conditional Use Permit (Borrow Pit) Denied 4/20/93 Conditional Use Permit (Single-family dwellings) Approved 9/28/93 Conditional Use Permit (Golf Course) and Subdivision Variance Approved 6/28/94 Conditional Use Permit (Modify and enlarge golf course) Approved 7/8/97 Conditional Use Permit (Golf Course), Subdivision Variance, Rezoning (AG-1 and AG-2 Agricultural to Conditional R-30 and R-20 Residential) Approved DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Heron Ridge Properties 11, L.L.C.: M & T Management, Inc., Managing Member; Thomas C. Broyles, Member; Michael E. Barney, Member 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 i other unincorporated organization. I PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Heron Ridge Golf Club. L.C.: Thomas C. Broyles, Richard A. Mladick, Elly D. Mladick, Jess G. Ross, Jerome P. Ross, Regent Investments, L.L.C., and Georgetown Commons. L.L.C., Members i 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 property owner is NOT a corporation, partnership, firm, business. or other unincorporated organization. See next page for footnotes nditional Rezoning ,�;Fc:(;ca=tii;st pave ' 1 �' 12 HERON RIDGE PROPERTIES II, L.L.C. City Council Meeting of February 28, 2006 Page 11 ST�*,JE�AENT i ADDITIONAL 01S'1'1L0$1JRFS d . . . . . . . ......... ........ . . .. ........ . .. . ........ . . . ... HERON RIDGE PROPERTIES 11, L.L.C. City Council Meeting of February 28, 2006 Page 12 TAT ME INT ...... - ------ . ..... ADD;TIONAL DISCLOSUqES rt,s.. cl, ri Eh" , CW"k'_A cn' 3!i - in nn J-1 CERTIFICATION: i I a n J ,.. -j 1 3 t 0! rj`' r F-'� HERON RIDGE PROPERTIES 11, L.L.C. City Council Meeting of February 28, 2006 Page 13 Transition Area Matrix Allowable maximum residential density for any rezoning in the Transition Area under the policies of the Comprehensive Plan is 1 unit per acre. The maximum density can be achieved through adherence to the Evaluative Criteria provided below and further explained in the Design Guidelines for the Transition Area. Each section of the Evaluative Criteria below ties to the Design Guidelines through the graphic icon at the top of the section. For further guidance on the respective section of the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon. Staff will `score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then totaled and the total is `plugged' into the formula below to determine the recommended maximum density for the development. PROJECT: Heron Ridge Properties PROJECT DATE: 2/17/2006 MATRIX REVIEW DATE: 2/20/2006 Evaluative Criteria Total Comments Natural Resources Degrees to which the project 1.8 preserves and integrates into the overall project the natural resource amenities on the site. Amenity Nature and degree of the 4.0 amenity Design Degree to which the project 4.8 incorporates good design into the project (A) TOTAL: (B) TOTAL / 11 possible points (C) TOTAL / 11 * 0.5 = (D) Line (C) + 0.5 du/acre = (E) Line D * total developable acres (8.4) _ 10.6 0.96 0.48 0.98 du/acre 8 units Transition Area Matrix Page 1 of 7 Line A -- total number of points from the worksheets on the following pages. Line B -- total divided by the total number of possible points, which is 11 Line C --total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per. acre and the possible 1 dwelling unit per acre (du/ac). Line D --total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. Line E -- total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. (1) Natural Resources Existing forests, wetlands, meadows, cultivated fields, and related features Total a) Are natural resources protected? YES X (0 to 1 point) 1 Comments. • Yes, the proposed lots have been located to protect the existing stand of cedar trees along the southern portion of the site, as well as the vegetation located on the northern portion of the site around an old farmhouse. NO ❑ (0 points) b) Are natural resources integrated into project? YES X (0 to 1 point) 0.8 Comments: • Somewhat. The stand of cedar trees will be part of the open space for the site and will also contribute to the adjoining neighborhood through the retention of the trees and the re- use of an existing dirt drive as a trail. NO ❑ (0 points) NATURAL RESOURCES TOTAL Insert in appropriate box on page 1 1.8 Transition Area Matrix Page 2 of 7 (2) Amenity A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. v Total a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? YES X (0 to 1 point) 1 Comments: • Yes, a minimum 100-foot buffer along the Seaboard Road right-of-way flows into the open space and trail described above. If the area is developed creatively it will provide a visually attractive amenity for the general public. NO ❑ (0 points) b) Does the amenity consist of recreational components? YES X (0 to 1 point) 1 Comments: • The depicted open space is generally passive in nature. However, an existing dirt drive will be re -used as a trail that connects the Heron Ridge neighborhood to Seaboard Road. NO ❑ (0 points) Transition Area Matrix Page 3 of 7 c) Are improvements made that provide visual or physical access to the natural resources on the site OR are improvements made to create a new amenity to the property? YES X (0 to 1 point) 1 Comments: • New trails are shown. One eventually will connect with trails along Seaboard Road. The second trail will run along the existing dirt driveway located between the row of cedar trees at the southern side of the site. NO ❑ (0 points) d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? YES X (0 to 1 point) 1.0 Comments: • Yes. NO ❑ (0 points) AMENITY TOTAL Insert in appropriate box on page 1 4 Transition Area Matrix Page 4 of 7 (3) Design Creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Total Comprehensive Plan for the Transition Area. a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? YES X (0 to 1 Comments: point) 1.0 • There are no existing water features on the site. NO ❑ (0 points) b) Is there an attempt to integrate the amenities as an integral part of the overall development? YES X (0 to 1 0.9 Comments: point) • There is an attempt to use the existing features of the site (the dirt drive and flanking cedars and the old farmhouse) as amenities. The cedar trees are retained and the dirt drive is being converted into a multi -purpose trail that will connect this development to Heron Ridge and to Seaboard Road trails. The lot for the old farmhouse is larger than the other proposed lots (double in size). The retention of the old farmhouse, including its placement on a lot double the size of the other lots in order to retain its "context" to the greatest extent possible. While not directly providing open space, the retention of the old farmhouse in its landscape context provides NO (0 points) a visual and cultural amenity for the future homeowners and for the surrounding property users. Since the development plan is proffered, the lot for the farmhouse cannot be subdivided in the future, thus ensuring that the farmhouse in its context is retained. Transition Area Matrix Page 5 of 7 c) Does the development retain or create views or scenic vistas that can be seen from the road? YES X (0 to 1 point) 1.0 Comments: • Yes, the development does retain the stand of cedar trees that flank the dirt drive located on the southern side of the site. NO ❑ (0 points) d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? YES X(0to1 point) 09 Comments: The lot sizes are consistently at 20, 000 square feet, except for the larger lot for the old farmhouse. The lots are, however, all clustered into the northern portion of the site, leaving the southern portion in open space and trails. 43 percent of the site is in open space, which, of course, is less than the 50 percent open space that developments should strive for. However, the retention of the old farmhouse, including its placement on a lot double the size of the other lots in order to NO ❑ (0 points) retain its context, provides an amenity to the residents and the surrounding properties. Transition Area Matrix Page 6 of 7 e) Does the development use roadway and "hard infrastructure" that is appropriate for its design? Is it consistent with the vision and recommendations of this area as expressed in YES X (0 to 1 the Comprehensive Plan? point) 1.0 Comments: • The proposed roadway section is appropriate for its design. NO 7- (0 points) DESIGN TOTAL 4.8 Insert in appropriate box on page 1 Transition Area Matrix Page 7 of 7 Item 41 & 2 Heron Ridge Properties II, L.L.C. Change of Zoning District Classification Subdivision Variance 2817 Seaboard Road District 7 Princess Anne December 14, 2005 REGULAR Dorothy Wood: I'll turn it over to Mr. Joe Strange, our Secretary to call the first item Joseph Strange: The first items are Items #1 & 2, Heron Ridge Properties II, L.L.C. An Ordinance upon Application of Heron Ridge Properties II, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on property located at 2817 Seaboard Road and an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance for property located at 2817 Seaboard Road, District 7, Princess Anne with six proffers. Eddie Bourdon: Thank you Madame Chair, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicants and this property has been assembled by the developers of the Heron Ridge Golf Course. Mr. Broyles, and his partners, and it's a 2- acre assemblage. It's a two parcel assemble 8.41 acres on the west side of Seaboard Road just north of the Estate of Heron Ridge. A substantial portion of the property is owned by Mr. & Mrs. Weddle, whose home is on the property and is going to remain as one of the proposed eight lots of the subdivision. The property adjoins the maintenance facility for the golf course and the golf course itself to the west, there are some rural residential homes along Seaboard Road that have been there for years on lots under three -acres in size. We have a beautiful tree line driveway here, which we are going to convert to a trail. The proposed development because it is a small site makes it difficult, as everyone understood, when we did the Design Guidelines for the Transition Area that these small infill sites would be difficult and this is the case here. We originally had talked about bringing this in as a road but that would have caused these beautiful trees to come down so the property has been designed with a road coming in here on this little short cul-de- sac and clustering the lots on the northern side of the property. The lots vary in size. We have preserved this area to the south as open space as well as the Transition Area or Princess Anne buffer along Seaboard Road created the variances for the lots in the rear, in order to reduce the size of the street and which are consistent with our guidelines. The only issue that I am aware of that exists here is one of eight lots versus seven. And eight lots are consistent with the one unit per acre. Where the issue arises on small properties is where our goal. I believe it is written as a goal to strive for 50 percent open space. Any small properties where you have to put a road in it, makes it virtually impossible to do that. And, let me also point out that we are designing these home sites and the proffers Item # 1 & 2 Heron Ridge Properties II, L.L.C. Page 2 so that the homes built on these lots will be consistent with those at Heron Ridge. These are actually the same proffers as far as the size of the homes and the architectural requirements as exist in the adjacent Heron Ridge neighborhood. It is obviously a tremendous amount of open space that is already there. With the golf course, with the Heron Ridge community and we think we created a functional open space here that connects through with the trail. It goes into Heron Ridge and we believe the only equitable way to deal with these small infill properties where we actually design this one in a manner that was suggested or recommended to us by the staff is to provide additional monies for open space acquisition of a larger scale. We have done that with our proffers. We proffered $1,500 per unit, which is more than has ever been proffered in any other in the Transition Area development. I did mention that the property is not in an AICUZ area so we don't have that problem or that issue here. What we think makes the most sense and because of the suggested goal is to provide for additional funds for the City to require more useful open space in areas where it is more necessary than in this particular location where we are adjacent to some open space. We are meeting all of the other criteria. We are not adverse to proffering additional funds over and above what is already in our proffers if that will help to make it equitable in terms of what we are trying to achieve and looking at what we have here with a small infill piece of property. Last thing that I will mention is that we have no problem whatsoever adding a proffer that we will provide the required buffer in the agricultural area from the Hartley's property to the north. The Hartley's are wonderful people. I've known them for quite a while. We're certainly more than happy to provide that proffered change as well. With that, I'll be happy to answer any questions that you may have. Dorothy Wood: Any questions for Eddie? Ron. Ronald Ripley: What looks like to be a trail does that connect to the golf course community? Eddie Bourdon: This used to be a driveway coming into the farm behind it. This connects it. I don't know if you have the aerial. There is actually a drive aisle coming down to the maintenance facility on the west, right through here. This connects all the way through to Heron Ridge. Ronald Ripley: So a pedestrian can walk through? Eddie Bourdon: The trail would encumber all the way through and then out on to Seaboard Road. Hopefully and eventually a means will be had to get across to the east. Ronald Ripley: Where is the Hartley's property? Eddie Bourdon: It's the property to the north right here. Ronald Ripley: What kind of buffer would you put in? Item # 1 & 2 Heron Ridge Properties II, L.L.C. Page 3 Eddie Bourdon: The required buffer under the Agricultural Zoning would be a, I think it's a 50 foot area that you have to have buffered with low vegetation adjacent to it and as high you can back bone it. Ronald Ripley: You mentioned additional money that you might be willing to proffer. Did you consider what that would be? Eddie Bourdon: We don't have a problem say $25,000 as a total amount proffered towards acquiring open space elsewhere to make up for the slight short problem of the matrix. The reason for the shortfall is primarily because of the small nature of the site. I think we had originally proffered 1,500, which would be close to doubling what we proffered already. Actually we would be doubling it. The most I ever had a client proffer for open space acquisition and Transition Area was $750.00 a unit, which is not a requirement. We've done that in cases where there was already 50 percent open space of a larger project. Dorothy Wood: Mr. Din. William Din: Mr. Bourdon, I guess one of the concerns that I heard expressed to me was the quality of the houses that will be built on this property. There are no elevations provided or anything like that other than this one proffer. Why aren't elevations provided on this issue? Eddie Bourdon: The proffers are identical to the proffers that we used with Heron Ridge. The house that will be built here will the same quality, the same type of homes that were built in Heron Ridge, which the applicants, as I said are the developers of the golf course at Heron Ridge and the actual development of the homes themselves were done by number of different builders pursuant to the very same proffers. They will be identical to the houses in Heron Ridge in terms of their size and their architectural features and building materials. That is the same proffer. We can go out and take pictures of those houses at Heron Ridge and give you those. That is what the proffer is what I'm saying. William Din: This piece of property is not associated with the Heron Ridge development. Correct? Eddie Bourdon: No. It will be in association with. We will have to approve the plans. I'm sorry if that is what you're asking. The plans will have to be approved by the developer as being consistent with the proffers, which is 75 percent brick, and the size of the homes. William Din: I'm finished. Ronald Ripley: A point of clarification. You said the proposed adjusted proffer is $25,000 total. Is that what you said? Item # 1 & 2 Heron Ridge Properties II, L.L.C. Page 4 Eddie Bourdon: Yes. That would be little over $3,000 per unit. We will be happy to revise the proffer to increase the amount so as to provide funds that require open space. I do think that in this location we certainly have significant open space provided for. Dorothy Wood: $25,000 is good. Eddie, answer any questions after the next speaker please? Thank you. Joseph Strange: Speaking in opposition we have Laura Sisino. Dorothy Wood: Hello and welcome. Laura Sisino: Hi. Thank you for listening to me today. My name is Laura Sisino. I reside at 2821 Seaboard Road, which backs up to the proposed plan for the property. Dorothy Wood: Would you show us your property? There is a pointer right there. Laura Sisino: This house right there is my property. Dorothy Wood: Okay. Thank you. Laura Sisino: I moved to the small farmhouse with rural charm and openness. It is my sincere wish to preserve the qualities and value in this neighborhood. By doing so I suggest that we keep the open space desire at the minimum of 50 percent as suggested in the guidelines of the Princess Anne Transition Area. With the current at 41 percent of open space, I feel it is not suitable to the character of this area. The layout of the current plan does not allow for each dwelling to maximize the views of the open space. On Lot 5 exists a beautiful historical home with some very old trees next to the farmland. The back end of my lot is only 25 feet deep. And, the dwelling of such proportions that is proposed to be built on Lot 6 between my residence and Lot 5, I feel that the historical home and my house would not be in keeping with the integrity and the character of this area. I have spoken with the local realtor and I'm concerned because I was informed that if in fact a home is built on Lot 6, it would more likely decrease the value of my home as it will more than likely be close enough to tower over my home. However, if Lot 6 does remain, I would request because of the odd shape of my lot and its very shallow, I would request that consideration be made for several more feet. The back of my home and allow for me to have more open space. I hope also that an eight -foot fence or a buffer zone could be considered for me as well as the farmland. I hope we can continue to shape this area and provide a clear vision that will respect its past while we plan for its future and provide the quality that this area deserves. I hope that the Commission understands that I speak for my part that I wish to see this area remain true to its character. Dorothy Wood: Thank you. Would you please answer any questions if we have any? We don't have any. Thank you so much. Item 41 & 2 Heron Ridge Properties II, L.L.C. Page 5 Laura Sisino: Thank you. Dorothy Wood: Mr. Bourdon. Would you like to say a few words in rebuttal? Eddie Bourdon: Just a few words. We have, in fact, for the Widdle's benefit, have tried to preserve their home. That is why their lot is carved out with their existing home that is much larger than the others. We would be happy to plant a buffer along the boundary here to the ladies property. Dorothy Wood: Just like she requested Eddie? Eddie Bourdon: We don't have any problem with that. We'll be happy to do that. Dorothy Wood: Thank you. Are there any other questions for Mr. Bourdon? Donald Horsley: I have a question for Mr. Scott. Dorothy Wood: Yes sir. Donald Horsley: Bob, this 50-foot buffer between the agricultural land can that be counted as open space? Robert Scott: If it is restricted as to use and made available to all the people that are out there, I'm not quite sure how that would configure. Donald Horsley: That wouldn't work? Robert Scott: To us, there is a win -win situation here. This is not really that hard of a problem. Mr. Bourdon makes some good points. But I think the speaker made some good points as well. First of all there is the issue of the Transition Area Guidelines, which are reasonable and universally applied throughout this area. It is not hard to go from 41 percent to 50 percent and meet the basic minimums. The Planning Staff can show how to do it. It can be laid out to meet that guideline. I would suggest that this property needs to be developed much that has been proposed by the applicant but with some minor adjustments that brings it in to compliance with the guidelines. Perhaps to a little bit better job of taking care of the concerns of the residents nearby. I think it is pretty easy to do. Dorothy Wood: Thank you. Perhaps if we voted on it today and passed it on? Mr. Bourdon? Eddie Bourdon: I was simply going to say we have had good dialogue with the staff and have had extensive dialogue and would be happy to continue to do so. I think by preserving the Widdle's existing structure and the size of that lot is also a contributor to Item # 1 & 2 Heron Ridge Properties II, L.L.C. Page 6 the small short falls. I'll be more than happy to work with Mr. Scott and his staff between now and City Council. Dorothy Wood: Thank you. We still want the $25,000 though Eddie. Eddie Bourdon: We've been amenable to that because we understand the small nature of the sites to take it away to make equitable. Dorothy Wood: Thank you. Donald Horsley: Mr. Scott, does that seem to be alright with you? Robert Scott: It's alright with us if we work toward the goal of meeting the basic minimums. I think my staff has gone above and beyond the call of duty in actually doing some design work on this property. We're willing to continue to do that because I think the speaker that came up from the adjoining property does make some pretty good points. I think it's to meet those concerns. We're look forward to the opportunity to continue that discussion. Dorothy Wood: As we all mentioned this morning, Mr. Scott we're very lucky to have you and your staff. We all appreciate you. Thank you. Ronald Ripley: Mr. Scott, does that mean reconfigure the open space somehow? Robert Scott: It might be to reconfigure it and slightly increase it. I think it would be a good thing to be able to say that this application met the basic requirements of the area. And, I think we need to do it. I know there are some obligations based on the contract that has been described to us and we respect them. I know we have to work around that. We're willing to do that. But if necessary, a few things need to be changed around. Incidentally, we're not interested in having a loss of lots out here. Eight versus seven if you can do it right. Dorothy Wood: Thank you. Is there any other discussion? Do we have a vote? William Din: I think the write up by the staff recommends a denial of this application because of the lack of 50 percent open space. Even though that is just a guideline, I think we should stay true to that guideline. I would like to see something more positive or concrete in the way of making these changes so that when we meet that 50 percent either that or defer this item, but I would not prefer this, and I don't think I will support approving this item because of that. I would strongly recommend to us that 50 percent is an affordable issue here. And I think based upon Mr. Scott's statements that this thing can work out and establish and continue that 50 percent guideline we should try to do that. So, unless we are deferring this item or something more concrete is put in here, a proffer Item 91 & 2 Heron Ridge Properties II, L.L.C. Page 7 or some sort, I don't know if that is proper or not? I cannot support for approval at this time. Dorothy Wood: Mr. Knight. Barry Knight: I see the applicant has done a couple of things. He's assembled some properties albeit small properties but he has assembled properties, which is what we want. And, he has made some move to try to protect the agricultural side, which is in our code but he's done that and he's agreeable to doing that. Mr. Scott said he didn't mind the eight lots and I think eight lots is in keeping with Heron Ridge, which is going to the adjacent property owners, are going to be a good consideration. Sometimes on these Transition Area Guidelines the guidelines don't apply to all pieces of property particularly the smaller parcels of property. We're out of compliance on the recommendation of open space by 9 percent from 41 percent to 50 percent. And, he is going to proffer $25,000 to put into open space fund to purchase open space, hopefully in the general area but for some more open space. I think I would like to make a motion to pass this on with the understanding that he is going to get eight lots. It's going to conceptual as to this. The $25,000 proffer but also the understanding to get with staff and go to Council and hopefully that 41 percent can be uplifted. He may not be able to make the 50 percent but it can be uplifted with consideration of $25,000 proffered open space. I'll put that in a way of a motion. Dorothy Wood: Thank you. A motion by Barry Knight and seconded by John Waller to approve the application. Robert Miller: Madame Chair? Dorothy Wood: Yes Mr. Miller. Robert Miller: I need to abstain. My firm is working on the project. Dorothy Wood: We appreciate it Mr. Miller. Are there any comments before we vote? Okay. AYE 8 NAY 1 ABS 1 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN NAY HORLSEY AYE KATSIAS ABSENT KNIGHT AYE MILLER ABS RIPLEY AYE Item # 1 & 2 Heron Ridge Properties II, L.L.C. Page 8 STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 8-1, with the abstention so noted, the application for Heron Ridge Properties has been approved. Dorothy Wood: Thank you. Item #3 Central Park Associates, L.L.C. Change of Zoning District Classification 5129 Bonney Road District 2 Kempsville December 14, 2005 CONSENT Dorothy Wood: Mr. Din, would you please call our consent agenda? William Din: Thank you Ms. Wood. Today, we have nine items for inclusion on the . consent agenda. As I call each of the items the representative should come up to the podium please and state your name, your relationship to the item, and if there are conditions associated with that item, please indicate that you have read those and you do agree with them. As stated in our agenda, the consent means that we are fairly in agreement with what the items are saying for approval and we will not be hearing these issues. Once you come up and acknowledge to the conditions we will ask for opposition and see if there is any opposition to placing this item on consent. If not, we will proceed on to explain why we have placed it on consent. If there is opposition, we will drop it down to our regular agenda item. The first item that I have is Item #3. This is Central Park Associates, L.L.C. This is an ordinance for a Change in Zoning District Classification from Conditional B-2 Community Business District to Conditional A-24 Apartment District on property located at 5129 Bonney Road in the Kempsville District. Eddie Bourdon: Thank you Mr. Din. For the record, my name is Eddie Bourdon, a Virginia Beach attorney representing Central Park Associates and we appreciate you placing this Cameron Glen Community rezoning on the consent agenda. Mr. Waitzer is here and he is also very appreciative. Thank you. William Din: Thank you Mr. Bourdon. Is there any objection to placing this item on consent agenda? If not, Mr. Don Horsley will explain this issue. Donald Horsley: Okay. What has happened here is in 2002, the applicant had the property zoned from R-7.5 to B-2 Community Business District. He was going to construct a 36,000 square foot office building. Now the application is to pursue the rezoned property to multi -family rather than develop the office property. The Comprehensive Plan recognizes the area as being within the primary residential area. We don't have any known objections to this project. Staff has recommended favorably to this project. I think it has been adequately proffered to protect all parties. So, being that we had those proffers and no objections and favorable staff recommendation, we thought it married consent agenda status so we put it on there. Conditional Zoning Change - AG-1 & AG-2 to R-20 In Reply Refer To Our Fite No. DF-6299 TO: Leslie L. Lilley FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 30, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Heron Ridge Properties 11, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 14, 2006. 1 have reviewed the subject proffer agreement, dated July 26, 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/ks Enclosure -j Kathleen_Hassen ' PREPARED BY: SYKES. BOURDON, M ARERN & LEVY. RC HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company WILLIAM E. WEDDLE and JEAN RAY WEDDLE, husband and wife HERON RIDGE GOLF CLUB, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 26tn day of July, 2005, by and between HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company, Grantor, party of the first part; WILLIAM E. WEDDLE and JEAN RAY WEDDLE, husband and wife, Grantors, parties of the second part; HERON RIDGE GOLF CLUB, L.C., a Virginia limited liability company, Grantor, party of the third part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 7.56 acres which is more particularly described as Parcel 1 in Exhibit "A' attached hereto and incorporated herein by this reference, which parcel, along with Parcel 2 is herein referred to as the "Property"; and WHEREAS, the party of the third part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.85 acres which is more particularly described as Parcel 2 in Exhibit "A" attached hereto and incorporated herein by reference, which parcel along with Parcel 1 is herein referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 and AG-2 to Conditional R-20; and GPIN: 2403-67-5038 2403-66-4725 1 PREPARED BY: M SYKES. BOURDON. M AH£RN & LEVY. P.C. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R- 20 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided and landscaped substantially as depicted on the "CONCEPTUAL SITE LAYOUT 2 PREPARED BY: SUES. POURDON, M AHERN & LEVY. P.C. PLAN OF OAK BREEZE FOR HERON RIDGE PROPERTIES", dated 07/26/05, and prepared by MSA, P.C. ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Except for the existing dwelling located upon the lot designated 5 on the Concept Plan, each of the single family residential dwellings to be constructed shall contain no less than 2500 square feet of enclosed living area, excluding garage for one-story and no less than 2800 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles. 3. Except for the existing dwelling located on the lot designated 5 on the Concept Plan, all residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. 4. When the Property is developed, the "DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK BREEZE", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be recorded by the Grantors for the purpose of subjecting the Property to the requirements set forth therein. S. The party of the first part recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of One Thousand Five Hundred Dollars ($1,500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The 3 PREPARED BY: M SYK£S, BOURDON. M AR£RN & L£vY. P.C. party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 6. Further conditions may be required by the Grantee subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 0 PREPARED BY. SYKES. BOURDON, ARF.RN & LEVY. P.C. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: GRANTOR: Heron Ridge Properties II, L.L.C., a Virginia limited liability company irginia SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of July, 2005, by Michael E. Barney, Vice President of M 8s T Management, Inc., a Virginia corporation, Managing Member of Heron Ridge Properties II, L.L.C., a Virginia corporation. tary Public My Commission Expires: p �J A 31. 2W9 tiveL1G _ LTH I WITNESS the following signatures and seals: GRANTORS: (SEAL) William E. Weddle 12^44"-- _4114& (SEAL) Jean Ray ddle STATE OF VIRGINI CITY OF (emu L , to -wit: The foregoing instrument was acknowledged before me this a "1 _ day of July, 2005, by William E. Weddle and Jean Ray Weddle, husband and wife. My Commission Expires: P�4rYPublic 7 WITNESS the following signature and seal: GRANTOR: Heron Ridge Golf Club, L.C., a Virginia limited liab' ity company � 0 gy: .(SEAL) anaging MVher STATE OF YI,RGINIA CITY OF VWX IN41 , to -wit: The foreginstrument was acknowledged before me this 0?f day of July, 2005, byoin 2*CRn fn eD , Managing Member of Heron Ridge Golf Club, L.C., a Virginia limited liability company. Notary Public My Commission Expires: /02 - 3),6 P PREPARED BY: SYKES. BOURDON. M AR£RN & LEVY, P.C. EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and more particularly described as follows: Commencing at the dividing line between the property acquired by Fitzhugh Lee Brown, sometimes known as Fitzhugh Lee Brown, Sr., by Deed of P. W. Ackiss, et al, Special Commissioners, dated January 7, 1937, and recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach, Virginia, in Deed Book 186, at Page 133, and the property known as the Hartley Farm, at its intersection with the westerly line of Highway 628, and running thence in a westerly direction along said dividing line a distance of 300 feet to a point, which point is for the purpose of this description the point of beginning, and running westerly along said dividing line a distance of 350 feet to a point; thence turning and running in a southerly direction and parallel to the western line of said Highway 628 a distance of 650 feet, more or less, to a point 50 feet northerly from the line of the property now or formerly known as the Burroughs Farm; thence turning and running in an easterly direction and at all times parallel with and 50 feet northerly from the said property now or formerly the Burroughs Farm, 650 feet, more or less, to the westerly line of Highway 628; thence in a northerly direction along the westerly line of said Highway 628 a distance of 200 feet to the line of the property conveyed by Fitzhugh Lee Brown, Sr., by Deed dated April 7, 1956, and recorded in the aforesaid Clerk's Office in Deed Book 459, at Page 453; thence turning and running along the southerly line of the property so conveyed and perpendicular, or nearly so, to the said westerly line of Highway 628 a distance of 125 feet; thence turning and running along the westerly line of the property conveyed by the said Deed recorded in Deed Book 459, at Page 453, a distance of 300 feet; thence turning and running in a westerly direction and perpendicular, or nearly so, to the said Highway 628, a distance of 175 feet; thence turning and running in a northerly direction and parallel to the said Highway a distance of 150 feet, more or less, to the point of beginning. GPIN: 2403-67-5038 PARCEL 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL B-2- A" as shown on that certain plat entitled: "PLAT SHOWING A RESUBDIVISION OF LAND BETWEEN PARCELS A5-A AND A6-A, CITY OF VIRGINIA BEACH PROPERTY, DEED BOOK 3305 PAGE 1405, AND PARCEL B-1 AND PARCEL B-2 E EVW GROUP, INC., DEED BOOK 3813 PAGE 1196, DEED BOOK 3809 PAGE 1018", dated November 21, 1997, Scale: 1" = 200', prepared by Bengtson, DeBell 8s Elkin, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 263, at Pages 81 - 89. GPIN: 2403-66-4725 ConditionalRezone / HeronRidgePr opertieII / Proffer5 Rev. 11/22/05 PREPARED BY. SYKES. BOURDON. M tjiERN & LEVY. P.C. 10 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, lying and situate in the City of Virginia Beach, Virginia, with the improvements thereon and appurtenances thereunto belonging, known, numbered and designated as "Parcel A-3" as shown on that certain plat entitled "SUBDIVISION PLAT OF WESLEYAN COMMONS, SUBDIVISION OF PART OF PROPERTY OF JOHN G. 8s MARY M. WILLIAMS (MB 197, PG 95-99 & MB 203, PG 72-74) VIRGINIA BEACH, VIRGINIA", prepared by Miller -Stephenson & Associates, P.C., dated August 23, 1999 and recorded in the. Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 280, Pages 75 through 77. GPIN: 1468-44-8209 ConditionalRezone/ RHBuilders/ IndependentSeniorLiving/ Proffer9 Rev.2/ 16/06 fi WITNESS the following signature and seal: Grantor: Food Lion, L.L.C., a North Carolina limited liability company By: ' h' 1 % (SEAL) Managing Member STATE OF NORTH CAROLINA CITY/COUNTY OF!id,�oy; , to -wit: The foregoing instrument was acknowledged before me this wiz day of r, 2006, bye. Managing Member of Food Lion, L.L.C., a North Carolina limited liability company, Grantor. My Commission Expires: Notary Public X WITNESS the following signature and seal: Grantor: RH Builders, Inc., a Virginia corporation SEAL By:(Z' (SEAL) Title: Pres;deA,4- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 16th day of February, 2006, by F '�e rT/ � _� Y �/2 c,y r a'�w i , of RH Builders, Inc., a Virginia corporation, Grantor. My Commission Expires: UE� L''(L�/l � 1-', . �� ✓� :�1s<�V 1. Notary Public 5 however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 2 2006, prepared by Engineering Resources Group, L.L.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). 2. When the. Property is developed, the residential structure depicted on the Site Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the exhibit entitled "WESLEYAN PLACE SENIOR APARTMENTS - EXTERIOR ELEVATION", dated January 19, 2006, and prepared by Kroskin Design Group Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 3. When the Property is developed, the fencing along the western and southern property lines as designated on the Site Plan shall be of the design, material and color substantially as depicted on the exhibit entitled "Wesleyan Place SENIOR APARTMENTS FENCE DETAIL" dated November 11, 2005, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Fence Detail"). 4. When the Property is developed, there will be no more than ninety-two (92) independent senior housing units provided within the building depicted on the Site Plan. S. With respect to the subject Property, these proffered covenants, restrictions and conditions supersede those previously recorded in the afore referenced Clerk's Office in Deed Book 4023, at Page 1775. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, 3 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing_ and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-36 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be substantially in accordance with the Preliminary Site Plan entitled "RH BUILDERS, INC. INDEPENDENT SENIOR LIVING, Virginia Beach, Virginia", dated January 19, 2 RH BUILDERS, INC., a Virginia corporation FOOD LION, L.L.C., a North Carolina limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 19th day of January, 2006, by and between RH BUILDERS, INC., a Virginia corporation, party of the first part, Grantor; FOOD LION, L.L.C., a North Carolina limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, containing a total of approximately 2.822 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel is referred to herein as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional B-2 Commercial District to Conditional A-36 Apartment District; and WHEREAS, the Property was part of a larger tract and is subject to a previously proffered declaration of conditions and restrictions applicable to the larger tract, which is recorded in the Office of the Clerk of Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4023, at Page 1775; and GPIN: 1468-44-8209 PREPARED BY: SYKES, BOURDON, AHERN & LEVY, P.C. 281 INDEPENDENCE BOULEVARD PEMBROKE ONE, FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 1 Ripley • Heatwole COMPANY, INC. February 16, 2006 Ruth Hodges Smith 2401 Courthouse Dr. Municipal Center, Bldg. 1 Virginia Beach, VA 23456 Re: Wesleyan Place Revised Proffer Agreement Ruth, Enclosed, please find a revised copy of the Proffer Agreement for Wesleyan Place. Please do not hesitate to call or email me if you should have any questions, or need additional information. Sincerely, Daniel B. Heatwole Enclosure 808 Newtown Road • Virginia Beach, VA 23462 • Phone: 757-473-8575 • Fax: 757-473-8902 cut' - ticlerly Housing �resn eFac CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RH Builders, Inc. — Change of Zoning District Classification and Conditional Use Permit (housing for seniors) MEETING DATE: February 28, 2006 ■ Background: a) An Ordinance upon Application of RH Builders, Inc. for a Change of Zoning District Classification from Conditional B-2 Community Business District to Conditional A-36 Apartment District on property located on the east side of Shurney Lane, 184.37 feet south of Wesleyan Drive (GPIN 14684482090000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop multi -family housing. DISTRICT 4 — BAYSIDE b) An Ordinance upon application of RH Builders, Inc. for a Conditional Use Permit for housing for seniors on property located on the east side of Shurney Lane, 184.37 feet south of Wesleyan Drive (GPIN 14684482090000). DISTRICT 4 — BAYSIDE. ■ Considerations: The applicant is proposing to construct a five -story, 92 unit, fully furnished, independent living, senior housing apartment building (32.3 units/acre). The Conditional Use Permit for Senior Housing restricts at least one member of the family to be age 62 and older and reduces the amount of required parking to one space per dwelling. The apartments will be one -bedroom and two -bedroom dwellings of approximately 690 and 900 square feet respectively. Rents for the seven one -bedroom apartments will start at the upper $500 and the two -bedroom apartments will start in the lower $600 range. The facility will have one elevator and it will be barrier free for the physically challenged. The entire building will be climate controlled and have a fire suppression system. The proposal is consistent with the Comprehensive Plan's recommendations for this area and with the revisions made to the proffered plan since the Planning Commission hearing, the proposed five -story, 92-unit development is compatible to the surrounding area. By reversing the position of the building from that submitted to the Planning Commission, the mass and height of the building are now closer to the commercial area than to the residential area. The result is a building that does not overwhelm the adjacent residential area to the degree that the prior plan did. A front yard setback variance from the Board of Zoning RH Builders, Inc. Page 2 of 2 Appeals will be necessary for the side of the building adjacent to Shurney Lane, -which is considered the front of the lot. The applicant is to be commended for providing this type of housing, as affordable senior housing is in great demand but in low supply within the city, and for proffering elevations of high quality (vinyl shake, cement fiber board and standing seam metal roof), equivalent to those used on Victoria Place, the applicant's similar project, located off of Shore Drive west of Northampton Boulevard. In addition, the use is very compatible with the adjacent residential area and businesses. In fact, the location is ideal for seniors as there is a shopping center with a pharmacy immediately to the north. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 with 1 abstention to approve the requests, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S I L , -b ' RH BUILDERS, Agenda Items # 17 & 18 REVISED for February 28, 2006 City Council Meeting to Reflect New Plan Staff Planner: Carolyn A.K. Smith REQUESTS: CUP- Elderly Housing 17) Change of Zoning District Classification from Conditional B-2 Community Business District to Conditional A-36 Apartment District 18) Conditional Use Permit for Housing for Seniors ADDRESS / DESCRIPTION: Property located on the east side of Shurney Lane, 184 feet south of Wesleyan Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1468448209000 4 - BAYSIDE 2.822 The applicant is proposing to construct a five story, 92 unit, SUMMARY OF REQUEST fully furnished, independent living, senior housing apartment building (32.3 units/acre). The Conditional Use Permit for Senior Housing restricts at least one member of the family to be age 62 and older and reduces the amount of required parking to one space per dwelling. The apartments will be one -bedroom and two -bedroom dwellings of approximately 690 and 900 square feet respectively. Rents for the seven one -bedroom apartments will start at the upper $500 and the two -bedroom apartments will start in the lower $600 range. The facility will have one elevator and it will be barrier free for the physically challenged. The entire building will be climate controlled and have a fire suppression system. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: • Mixed retail, shopping center, Wesleyan Drive / Conditional B-2 Community Business District • Multifamily townhouse / A-12 Apartment District • Senior housing / R-10 Residential District • Shurney Lane, undeveloped / R-10 Residential District The site is within the Chesapeake Bay watershed. There do not appear to be any significant environmental features on the site. 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): Wesleyan Drive in the vicinity of this application is considered a four (4) lane divided minor urban arterial. The MTP proposed a divided facility with bikeway in a 120 foot right-of-way. No CIP projects are slated for this roadway. Diamond Springs Road in the vicinity of this application is considered a four (4) lane divided minor suburban arterial. The MTP proposes a divided facility with a bikeway in a 150 foot right-of-way. No CIP projects are slated for this roadway. Shurney Lane is a substandard street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive Wesleyan 14,800 ADT (Level of Existing Land Use — Drive 20,229 Service "C") — 22,800 ADT 1,552 ADT ADT' ' (Level of Service "D") Proposed Land Use 3- 317 ADT Diamond Springs Diamond 28,200 ADT (Level of Road Springs Service "C") 22,722 ADT' 'Average Daily Trips z as defined by commercial zoning a as defined by 92 senior housing units WATER: There are no water mains fronting this site. City water may be extended for connection purposes provided hydraulic analysis supports the potential demand. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #362 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an eight (8) inch gravity sanitary sewer main and an eight (8) inch sanitary sewer force main in Shurney Lane fronting the site. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Staff recommends approval of this EVALUATION AND RECOMMENDATION application. The proposal is consistent with the Comprehensive Plan's recommendations for this area and with the revisions made to the proffered plan since the Planning Commission hearing, the proposed five -story, 92- unit development is compatible to the surrounding area. By reversing the position of the building from that submitted to the Planning Commission, the mass and height of the building are now closer to the commercial area than to the residential area. The result is a building that does not overwhelm the adjacent residential area to the degree that the prior plan did. A front yard setback variance from the Board of Zoning Appeals will be necessary for the side of the building adjacent to Shurney Lane, which is considered the front of the lot. The applicant is to be commended for providing this type of housing, as affordable senior housing is in great demand but in low supply within the city, and for proffering elevations of high quality (vinyl shake, cement fiber board and standing seam metal roof), equivalent to those used on Victoria Place, the applicant's similar project, located off of Shore Drive west of Northampton Boulevard. In addition, the use is very compatible with the adjacent residential area and businesses. In fact, the location is ideal for seniors as there is a shopping center with a pharmacy immediately to the north. Approval of the Change of Zoning and Conditional Use Permit is approved subject to the following proffers, which have been submitted as a component of the zoning change. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be substantially in accordance with the Preliminary Site Plan entitled; "RH BUILDERS, INC. INDEPENDENT SENIOR LIVING, Virginia Beach, Virginia," dated January 19, 2006, prepared by Engineering Resources Group, L.L.C., which has been exhibited to the Virginia Beach City Council and is on file with the'Virginia Beach Department of Planning ("Site Plan"). PROFFER 2: When the Property is developed, the residential structure depicted on the Site Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the exhibit entitled,'WESLEYAN PLACE SENIOR APARTMENTS— EXTERIOR ELEVATION," dated January 19, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). PROFFER 3: When the Property is developed, the fencing along the western and southern property lines as designated on the Site Plan shall be of the design, material and color substantially as depicted on the exhibit entitled "Wesleyan Place SENIOR APARTMENTS FENCE DETAIL," dated November 11, 2005, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Fence Detail"). PROFFER 4: When the Property is developed, there will be no more than ninety-two (92) independent senior housing units provided within the building depicted on the Site Plan. PROFFER 5: With respect to the subject Property, these proffered covenants, restrictions and conditions supersede those previously recorded in the afore referenced Clerk's Office in Deed Book 4023, at Page 1775. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated January 19, 2006, and found it to be legally sufficient and in acceptable legal form. 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. 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Change of Zoning District Classification Conditional Use Permit East side of Shurney Lane, 184.37 feet south of Wesleyan Drive District 4 Bayside February 8, 2006 REGULAR Barry Knight: Mr. Secretary, our next item. Joseph Strange: Our next item is Item #17 & 18, RH Builders, Inc. It is an Ordinance upon Application of RH Builders, Inc. for a Change of Zoning District Classification from Conditional B-2 Community Business District to Conditional A-36 Apartment District on property located on the east side of Shurney Lane, south of Wesleyan Drive and an Ordinance upon Application of RH Builders, Inc. for a Conditional Use Permit for housing for seniors on property located on the east side of Shurney Lane, 184. 37 feet south of Wesleyan Drive, District 4 Bayside with seventeen proffers. Barry Knight: Mr. Ripley. Ronald Ripley: Mr. Chairman, I have a financial interest I would like to disclose in this particular application. I will not be participating in any of the discussions, and I will abstain from any kind of vote. I will leave my chair during the discussion so the Commission can discuss it amongst themselves. Barry Knight: Thank you Mr. Ripley. Welcome Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Again, for the record, my name is Eddie Bourdon, a Virginia Beach attorney and it is my privilege to come before you this afternoon on this application for a proposed Wesleyan Place Independent Senior multi- family housing development that is proposed on this property. It is currently zoned B-2 Commercial District behind the shopping center at Wesleyan and Diamond Springs Road. You all had a very good discussion of this application this morning in the informal. I want to reiterate that everyone recognizes and clearly understands that the city has a significant and severe shortage of affordable housing for seniors. Some would contend that we have problems with affordable housing at all age spectrums. We certainly have it when it comes to seniors. My clients operate a number of senior home facilities throughout this area and all the way up to Richmond. As we discussed, they are very, very successful. To keep them affordable it requires, first of all VHDA tax credits and we have a deadline for application to be in so it to be able to hopefully get those this year, and that deadline moves on March 12, 2006. That is why we have to move this Item # 17 & 18 RH Builders, Inc. Page 2 application through the process quickly. That is why we're here today and you heard that discussed this morning. This proposal involves active seniors. Not assisted living. There are 84 proposed two bedroom units and the other units will be one bedroom. The one bedroom rent for $582.00 a month. The two -bedroom range from $605 to $675 a month. By anybody's measurement that is affordable. The existing facilities have waiting lists for basically a year to get in. That is how much demand is out there. People who will live in this facility will be drawn from this immediate area. The area already has two assisted living facilities, so in terms of a spectrum of service scenario, this is a perfect location. This is not assisted living. This is an independent living facility. That is why it is adjacent, as you heard this morning to shopping both for food, drug, and others both on the shopping center directly in front across Wesleyan Drive. The staff has indicated they basically support the land use so does the Northwest Partnership. They clearly support the land use. The only issue that has arisen deals with the, I guess with the height of the building. That is what I want to talk about for a minute. The proposed building has a height of 53 feet measured, looking at this elevation here to the top of the roof here. If you take the gables off, the height is 53 feet. Victoria Place, which is another one of my client's developments at Northampton and Shore Drive, it is a four-story building. It is a building that is 53 feet in height, the same height as this building but for the gables. So, height versus stories? Height? We are the same height. We passed out a couple of different elevations. We can take the gables off and bring the height down. The gables are basically fourteen feet in height. We can bring the height down to basically 54 — 55 feet in height, no more than that, which is essentially the same as Victoria Place. We're willing to do that. We do have some other ideas, and we will be meeting with staff to try to mitigate the issue when they have raised, as far as height is concerned. Some people have advised us when we've been meeting with the community that they feel that this building will be an icon for this area and a good thing, not just another standard two, three story non -descriptive building. It is not right on the road. It is back behind the commercial. It is adjacent to other multi -family. These facilities are great neighbors. There are no children. You basically have a neighborhood watch on every floor. They take care of each other. They take care of the community that they are around. Victoria Place is next to a single-family residential neighborhood that I've had the pleasure of working with. We went through that zoning process. I can tell you that they are very happy to have the neighbors that they have at Victoria Place at Northampton and Shore Drive. The land use is a winner. There is no access to this property from Shurney Lane. This property won't be accessed from Shumey Lane. That is this road to the west. There won't be any access here. There is already a no ingress/egress easement that cannot connect through the ring road on the shopping center. That is where our access will come from. The foundation of our building is 40 feet from the foundation of the multi -family that has been located to the south, which are condominiums that were built by Terry Peterson. The high quality building materials are steel construction, commercial grade sprinkler system. Some of the things you all dealt with other applications that were not able to meet those criteria. This meets it. But we do have to have this number of units. That is the problem here in terms of making the numbers work for the affordable housing component of this is you have to have a lot of units. And there are services that go along Item # 17 & 18 RH Builders, Inc. Page 3 with having units. They are full time bus drivers to take people to different locations and activities that they have as well as full time people on staff to help to assist the community. So there are costs involved, and with the low rents, you do have to tax subsidize, but not directly. You do have a lot of expenses, and you can't make it work with a small number of units, and that is what we brought forward to you today with this application. Again, the land use, I think is a perfect land use for this location. I hate to cite this as a source because it is dangerous. I would note that the Virginian Pilot just yesterday opined that, "as citizens know all to well, Virginia Beach is essentially out of developable land north of the Green line. If it wants to add many new homes, it is going to build differently, probably build taller in areas where it already has schools, roads and firehouses and police stations." Again, it is with some degree of trepidation that I quote the editorial page of the Virginian Pilot; however, I think that is what we are dealing with. I think it would be hard pressed, I believe; to find a better location for this type of facility. With that, I'll be happy to answer any questions that any of you may have. Dorothy Wood: Eddie, I think it is wonderful. And I certainly support it totally. But I do like the gables. I'll yield to Mr. Waller. He's the architect. Eddie Bourdon: We do too. But we're just trying to put out some ideas that might of some use to folks. We have spent a great deal of time in meeting with the folks of the Northwest Partnership. If you read carefully on what they have sent, they think it is a great thing as well because there are some concerns. The one thing that I didn't mention that it doesn't shade the property that were talking about because it is located north and west. There is no shading that will take place with this facility on the multi -family that is south of us. We had that totally checked out. There is not a shading issue here, which I think is important. Dorothy Wood: When the time is right, I'll be happy to make a motion to support it. Barry Knight: Are there any other questions for Mr. Bourdon? John. John Waller: I have one question that came up in the meeting this morning. I don't see it on the drawings anywhere that you only have one elevator for all this units? Eddie Bourdon: That is correct. Thank you. I meant to talk about that. There are two stairwells and one elevator. I've asked the people about that and they have four other multi -level multi -family senior housing facilities. Three of the four have two elevators. One has one elevator. This has one elevator. As you well know from a safety standpoint it is the stairwells that are important, because the elevators whenever there is an emergency they can't use the elevators anyway. It's a convenience issue. But there is full-time service there, so if the elevator breaks, there is someone there to get it fixed. But the problem with the elevator is one of two fold. Again, you lose units and your costs involved with the elevator. It is really the loss of units that is the problem, because this is a very tight site in terms of making the numbers work. That is the reason why there is Item # 17 & 18 RH Builders, Inc. Page 4 only one elevator, because we're talking about losing five units if you put a second elevator in. John Waller: I didn't think an elevator took up that much space. I live in an elevated building, and its got three elevators in there, because one of them is always broken. This way, if one is broken you got a problem. Eddie Bourdon: We've discussed that prior to this morning discussion. John Waller: I think by taking those gables off, it is a plain simple building. I don't have a problem with that, but I do have a problem with the elevator. I don't think it is right to build a building that big, that many units to have one elevator. Eddie Bourdon: I'm certain that my clients are hearing your comments Mr. Waller. Barry Knight: Mr. Crabtree. Mr. Bernas. Ms. Katsias. Eugene Crabtree: I just wanted to say that it is about time that we got affordable housing for our seniors. I think it is a good project. I, as Mr. Waller, would prefer to see a second elevator in there, but I think I am more pleased with the fact that it is affordable housing for the seniors, and we got something that people can afford. So, I'm in favor of supporting this application. Eddie Bourdon: Thank you Mr. Crabtree. Barry Knight: Mr. Bemas. Jay Bemas: I just wanted to say that it is a wonderful project. I think there is definitely a need there for affordable housing. Something that I brought up in the informal session, have you heard from any opposition from the adjacent property owners? I guess, basically on the staff report their only concern was the adjacent property owners and aesthetics. In my view, based on B-2 zoning, I mean this is aesthetically, I think it looks great because you can consider that it could be a strip shop, and they could be looking at the back of a strip shop. Eddie Bourdon: Mr. Bernas. You're absolutely correct. That is a point that I meant to raise is that we're set back 25 feet. You could have a restaurant, a commercial use that the setback with the current zoning is 15 feet. So we're further away than that would be, and certainly it could be a lot more disruptive and other things that go along with the commercial development that you really do not have with the proposed facility, because the one thing that anyone has gotten from the area what these facilities would tell you is you, got a great crime watch. You have a lot of eyes and ears that are there all day long as opposed to going off to work everyday. It really does help the security of the area, which would not necessarily be the case. I think a lot of that is overblown about commercial. I Item # 17 & 18 RH Builders, Inc. Page 5 don't want to forward that, but we think it is a better land use. I think even the people who are, and there are some people in the multi -family next door who do have objections to this, they, I believe, all agree that this is a better land use. The concern they have is the size of the building. I don't know if anyone is here but we're not going to misrepresent that, but there are some people who live, there are basically eight units that adjoin our property to our south. There is not really a side yard situation. It is not really a use that is adjacent to us, but they have expressed concerns about the size of the building. There may be someone here that I'm not aware of. Again, even they have indicated, I think that there may be one or two that would rather see it stay vacant land but in reality, that is clearly a better land use, even from their perspective is the height of the building. Barry Knight: Ms. Katsias. Kathy Katsias: I concur with Mr. Crabtree: I think this is a wonderful project. We're in need of affordable housing. I know our write up refers to 92 units. Did you say eighty something? Eddie Bourdon: It is 92. I'm sorry. Kathy Katsias: I think I'm the one who brought up about the elevator, but I understand that the project that you had two elevators is double the units? Eddie Bourdon: It is significantly more. I don't know if it is precisely double the number of units. But it is more. We do recognize, and I'm not standing here to assert that is not a legitimate concern that Mr. Waller has raised. In terms of safety and in terms of meeting all Code provisions, it does all of that. But in terms of convenience of residents, it does have the potential to be an inconvenient situation. Kathy Katsias: You haven't had any problems in the other projects that only have one elevator? Eddie Bourdon: No ma'am. Again, you're talking about people and human nature. It is a little bit different pace than maybe the pace that some of us live our lives if they have to wait for an elevator or walk down the stairs. It is a concern. We're certainly not trying to dismiss it. That is where we are at this point is just to make the numbers work. Kathy Katsias: Maybe between now and Council. Eddie Bourdon: We're looking at a lot. We are going to continue to work with staff and looking at different things we might be able to do to mitigate the situation. Unfortunately, because of the odd shape of the parcel or what have you, we're not very confident to being able to squeeze additional space out of it. But we are going to continue to work with that. Item #17 & 18 RH Builders, Inc. Page 6 Kathy Katsias: Well, I'm ready. Barry Knight: Are there any other questions for Mr. Bourdon? Okay. Are there any other speakers? Joseph Strange: No other speakers. No opposition. Barry Knight: No other speakers. No opposition. Okay. I'll open it up for discussion. Any discussion? Any motions? Dorothy Wood: I had a motion. Barry Knight: Okay. John Waller: I think it is a big mistake not having a second elevator. Although I am for the project, I'm against building something that huge. When people get sick, you got stretchers, ambulances come and the elevators broken. You got a big problem. Even though, in essence I am for the project, I'm going to vote against it just because it has only got one elevator. Barry Knight: We have a first on the floor. Do I have a second? Kathy Katsias has seconded it. I'll open it back up for discussion. Mr. Waller has weighed in. Is there anybody else? Ms. Anderson. Janice Anderson: I would be in support as other Commission members have stated but Mr. Bourdon did state that they would continue to work with the City and what they have identified as their goal and their recommendation to see if there is additional things that they can reach an agreement on, so far as making it more compatible for that site. I would be in support. Barry Knight: Is there any more discussion? A motion on the floor to approve agenda Items #17 & 18, RH Builders, Inc. with seventeen proffers. The first was made by Dot Wood and was seconded by Kathy Katsias. Let's call for the question. Mr. Ripley would vote in abstention. AYE 9 NAY 1 ABS 1 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE Item # 17 & 18 RH Builders, Inc. Page 7 RIPLEY ABS STRANGE AYE WALLER NAY WOOD AYE Ed Weeden: By a vote of 9-1, with the abstention so noted, the Board has approved the application of RH Builders, Inc. Barry Knight: Thank you. Conditional Zoning Change - e-2 to 1-9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Tank Lines, Inc. — Change of Zoning District Classification MEETING DATE: February 28, 2006 ■ Background: An Ordinance upon Application of Tank Lines, Inc. for a Change of Zoning District Classification from B-2 Community Business District to Conditional 1-1 Light Industrial District on property located at 1357 Diamond Springs Road (GPIN 14690099940000). The Comprehensive Plan designates this site as being within Strategic Growth Area #1, suitable for major corporate, employment and industrial uses. The purpose of this rezoning is to construct an office/warehouse. DISTRICT 4 — BAYSIDE ■ Considerations: The applicant requests a change in zoning for the purpose of developing the site for an office warehouse complex. It is the intent of the applicant to redevelop this underutilized B-2 zoned parcel for a light industrial use more in keeping with the land use pattern in this area of the city. The proffer submitted with this change of zoning request restricts the building design and site layout to the submitted elevation and site plan. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Planning Commission placed this item on the consent agenda because they felt that the request was in keeping with the existing land use pattern in the area and consistent with the recommendations of the Comprehensive Plan. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Tank Lines, Inc. Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: l�- , 'b8 W-SL TANK LINES, INC. Agenda Item # 2 January 11, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Change of Zoning District Classification from B-2 Community Business District to Conditional 1-1 Light Industrial District. Tank Lines Inc. a Fireinia Co oration v 6-2 As2 T 'B-2 - Q �RZ-5D�� aA (_ Conditional Zoning Change - 6-2 to 1-1 ADDRESS / DESCRIPTION: Property located at 1357 Diamond Springs Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14690099940000 4 - BAYSIDE 2.399 Acres SUMMARY OF REQUEST The applicant requests a change in zoning for the purpose of developing the site for an office warehouse complex. It is the intent of the applicant to redevelop this underutilized B-2 zoned parcel for a light industrial use more in keeping with the land use pattern in this area of the city. The proffer submitted with this change of zoning request restricts the building design and site layout to the submitted elevation and site plan. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial site with paved parking SURROUNDING LAND North: . Office warehouse / 1-1 Industrial District USE AND ZONING: South: Retail / B-2 Community Business District East: . Across Diamond Springs Road is an office building / B-2 Community Business District West: . Warehouse / 1-1 Industrial District TANK LINES, INC.. Agenda Item # 2 Page 1 NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN WTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this application is considered a four lane divided minor suburban arterial. The Master Transportation Plan proposes a six -lane divided facility within a 150 foot right of way. No Capital Improvement Projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Diamond 29,026 ADT' 28,200 ADT' (Level of Existing Land Use 2- 50 Springs Road Service "C") ADT 30,600 ADT' (Level of Proposed Land Use 3- Service "D") 124 ADT 32,800 ADT' (Level of Proposed Land Use 4- Service "E") 220 ADT 'Average Daily Trips 2 as defined by existing office building 3 as defined by general light industrial ° as defined by warehouse/office building The proposed entrance shown on the plans must meet current City standards. WATER: This site must connect to City water. There is a 12 inch water main in Diamond Springs Road fronting the site. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #326 is required to determine if flows can be accommodated. There are two (2) 10-inch sanitary sewer mains in Diamond Springs Road fronting the site. HRSD: There is a 20" and 48" HRSD force main in Diamond Springs Road fronting the site. STORM WATER MANAGMENT: This proposal will need to provide adequate storm water discharge outfalls and identify adequate offsite receiving drainage systems. The storm water management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. TANK LINES, INC.. Agenda Item # 2 Page 2 FIRE & EMERGENCY SERVICES: The Fire Department has no concerns with this proposal. A complete review will be done by the Fire Department during the DSC site plan review. POLICE DEPARTMENT: Provide a photometric plan for review during the site plan review. SCHOOLS: Not applicable ECONOMIC DEVELOPMENT: All Virginia Beach Development Authority deed restrictions for Parcel XLIV shall apply to the newly created parcel, following approval and recordation of the new subdivision plat. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within Strategic Growth Area #1. Building design and selection of building materials are consistent with the land use recommendations for this strategic growth area. The proposal is well -organized and configured to promote community aesthetics, safe and functional onsite vehicular and pedestrian access and circulation. The proposed office/warehouse use and accompanying proffered covenants and development restrictions appear to be consistent with the Plan's land use development policies established for this area, and the preliminary recommendations stated in the "draft" Northampton Boulevard Corridor Master Plan. Development proposals in this evolving major employment corridor must demonstrate a strong commitment to exceptional design and architectural quality, especially as viewed from the adjacent key roadways. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking building orientation, building appearance and landscaping, the conceptual site plan and building elevations entitled "NEW SHELL OFFICE — WAREHOUSE BUILDING TANK LINES, Virginia Beach, Virginia" (pages 1 and 2), dated 8 /30 / 2005, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Conceptual Plan") shall be substantially adhered to. PROFFER 2: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF 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 August 29, 2005, and found it to be legally sufficient and in acceptable legal form. 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. AML ¢� J f f x 0 — — — — — `w I j CA x I. ..>CE � I� ------ w n z0 Ctz ------- f > o • I I 'sErancx . s timrr >.. DfA► C? ROAD u z tin TANK LINES, INC.. Agenda Item # 2 Page 7 AX- !' A Map Not to Scale l ank Lines inc. a v I Z B- 2 ll - ■ I •r.Ai � I ]gap fFa •1. Zosiag Ciarge i_ to 1-1 ZONING HISTORY uorporarzon PD-H2 (R-40) 1 04/11/00 Conditional Use Permit for a communications facility Granted 2 12/08/98 Conditional Use Permit for an automobile repair garage Granted 3 06/24/97 Street Closure Granted 4 08/27/91 Conditional Use Permit for a recreation facility Denied 5 09/11/89 Conditional Rezoning from B-2 to H-1 Granted 6 09/11/89 Subdivision Variance Granted 7 02/27/89 Conditional Rezoning from R-5D to B-2 Granted 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers; members, trustees, partners, etc. below: (Attach list if necessary) Tank Lines, Inc.: Charlies R. Malbon, Jr., President; Lynda Malbon, Vice President/Secretary 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. Y � � See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9J1T2004 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) Engineering Services, Inc. R. Edward Bourdon, Jr., Esquire Kaufman & Canoles, P.C. Lyall Design Architect 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on to bject property at least 30 days prior to the scheduled public hearing accordira rye,, truction is package. Tank Lti By; ! r f Charles R. Malbon, Jr., President Applic ignatur Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 911.2004 Item #2 Tank Lines, Inc. Change of Zoning District Classification 1357 Diamond Springs Road District 4 Bayside January 11, 2006 CONSENT Barry Knight: The next item will be the consent items. The Vice Chair, Jan Anderson will handle this portion of the agenda. Janice Anderson: Thank you Chairman. Today there are eight items on the consent agenda. If you have opposition to one of the items being on the consent agenda, please let the Chair know and it will be placed down on the regular docket. Consent items are items that the Planning Commission has reviewed and have recommended for approval. The first item on the consent agenda is Item #2 Tank Lines, Inc. This is for a Change in Zoning from B-2 Community Business to Conditional I-1 Light Industrial on property located at 1357 Diamond Springs Road, Bayside District. Eddie Bourdon: Thank you Madame Vice Chair. For the record, my name is Eddie Bourdon. I'm a Virginia Beach attorney and I have the pleasure of representing Tank Lines, Inc. We appreciate being on the consent agenda with this conditional rezoning application. Janice Anderson: Thank you. Mr. Bourdon, there are two proffers to this application. Eddie Bourdon: Yes ma'am. Janice Anderson: Ron Ripley, can you explain this application please? Ronald Ripley: Yes. The Planning Commission received a report and this particular application is resubdividing and rezoning a piece a property right on Diamond Springs at the intersection of Northampton. It is currently zoned business right now and they are rezoning it to an I-1. The nature of the rezoning is to permit construction of an office warehouse building that is in keeping with the other office warehouse developments that have occurred in the Airport Industrial Park and others along this area. We found it to be a great improvement to what exists. We agree with the staff s recommendation and therefore we have put it on consent. Janice Anderson: Thank you Mr. Ripley. I would like to make a motion to approve the following item, Item #2, Tank Lines, Inc. with two proffers. Barry Knight: That is a motion to approve the consent item. Do I have a second? Item #2 Tank Lines, Inc. Page 2 Ronald Ripley: Second. Barry Knight: A second by Ron Ripley. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0 the Board has approved Item #2 for consent. FROM : JOSHUA MEDICAL SERVICES FAX NO. : 7574645292 Jan. 11 2006 12:47PM P2 1 ortkwest Seack Partnership Board Members: P.J. Padrick -President Dave Tirado -1st Vice President, Bruce Weller - 2nd Vice President, Kale Warren - Treasurer, Michele A. Galdun - Secretary Email: aqqLw-tstbeachpartners@verizon.net Dear Mr. Ripley, At a recent meeting of the board, several items on the January 11, 2006 agenda were discussed. We wanted to inform the Planning Commission of the out come of those discussions. Listed below is each item as listed in published Planning Commission Agenda. Item Number 1 Danny K. Martin Application for a Change of zoning District Classification from R-51) to 1-1 at 5840 Burton Station Road. The Northwest Beach Partnership has had an on going discussion with general membership concerning the Burton Station area as well as the Northampton Blvd Corridor. We feel this is in keeping with our vision of the area, therefore the NWBP Board voted unanimously to support this application. Item Number 2 Tank Lines, INC. Application for a Change of zoning District Classification from B-2 Community Business District to Conditional 1-1 at 1357 Diamond Springs Road. The NWBP has had an on going discussion with general membership concerning the Northampton Blvd Corridor and the Industrial Park Area. We feel this application is in keeping with our vision of the area, therefore the NWBP Board voted unanimously to support this application. Item Number 8 & 9 RH Builders, INC Application for a Change of zoning District Classification from B-2 Community Business District to Conditional A-36 Apartment District 184.37 feet south of Wesleyan Drive, We understand the items have been deferred until February; we plan to have comment then. Item Number 13 5printCom, Inc. Application for a Conditional Use Permit for a communication tower on property located at 5648 Campus Drive, The NWBP Board voted unanimously NOT to support this application. The tower would be unsightly and perhaps cause problems with TV and radio reception. We feel there are far better locations for a tower other than in a residential community. FROM : JOSHUA MEDICAL SERUICES FAX NO. : 7574645292 Jan. 11 2006 12:47PM P3 We again thank the commission for the opportunity to be heard on these matters. We would welcome any developer or builder to meet with us to discuss our plans for our communit y. You or any of the staff are free to call our Secretary, Michele Galdun to arrange a meeting. Respectfully, Ic Secretary Michele A. Galdun writing for Northwif IWA �'grin�rs�i o�cr� 757-490-9572 northw stbea art M tners@verio7,on.net Members: 26 Cypress Pointe HOA, Aragona Village Civic League, Crystal Point HOA, Cypress Point Civic Assoc, Diamond Lake Estates Civic League, L&J Gardens Civic League, Lake Edward Area Civic League, Lake Smith Terrace, Haygood Point & Governor Square Civic League, Lakeview Park Civic League, Lawson Forest Civic League, Lynbrook Landing Civic League, Newsome Farms Civic League, Traditions at Cypress Point HOA, Wesleyan Chase Civic League, Wesleyan Forest Civic League, Wesleyan Pines/Campus East Community Assoc, Witchduck Lake Condo Assoc. Ki — 0 v�E a5 OF OUR NPt'O In Reply Refer To Our File No. DF-6305 TO: Leslie L. LilleQQy�� FROM: B. Kay Wilsorf CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 15, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Tank Lines, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 28, 2006. 1 have reviewed the subject proffer agreement, dated August 29, 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/ks Enclosure cc: Kathleen Hassen PREPARED BY: SYK£S, BOURDON. M AHERN & LEVY, P.C. TANK LINES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of August, 2005, by and between TANK LINES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 2.399 acres of land and is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Commercial District to Conditional I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantor's rezoning application gives rise; and GPIN: 1469-10-0907 1 PREPARED BY: SYKES, SOUR➢ON, IM AHERN & LEVY. P.C. WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the I-1 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking, building orientation, building appearance and landscaping, the conceptual site plan and building elevation entitled "NEW SHELL OFFICE - WAREHOUSE BUILDING TANK LINES, Virginia Beach, Virginia" (pages 1 and 2), dated 8/30/2005, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") shall be substantially adhered to. 2. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, 2 PREPARED BY: SYKES. BOURDON, IM AHI RN & I.M. K shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the 3 ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of Grantor and the Grantee. PREPARED BY: SYKES. ROUPDON, MU AHERN & LEVY, P.C. M PREPARED BY: 013 SY ES. BOURDON, MU AHERN & I.M. P.C. WITNESS the following signature and seal: Grantor: Tank Lines, 16 „ a Virginia corporation r By: i Charles R. M on, Jr., President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 31St day of August, 2005, by Charles R. Malbon, Jr., President of Tank Lines, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31, 2006 Notary Public 5 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, designated as "PARCEL XLIV-B", on that certain plat entitled "RESUBDIVISION OF PARCEL XLIV, AIRPORT INDUSTRIAL PARK - BAYSIDE (MB 116, PG 25) AND THE PROPERTY OF CLARA S. MALBON (Instrument No. 200310170169982) Virginia Beach, Virginia", prepared by Engineering Services, Inc., and duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20051215002001950. GPIN: 1469-10-0907 C onditionalRe zone / TankLine s / Proffer 3 Rev.12/27/05 PREPARED BY: M SYUS. 80URDON, L'�Yl1 ADIRN & I.M. P.0 2 . , Map Not to Scnle e-2 h [41 VMS 77 A • 7 IldSs�y/Ly�tl flat ff#L.:UIIm� ►" Y � � �� v { ,� � � n,i ^��'��s�t 7i. yr• Ba = . 'O6�%Z'44(41 '► \:. ®r: rig• 1 Conditional Zoning Change from R7.5 to A-18 r4 .F�,NNB£gf.. f• � � r ati-rrY ``•1�4�W ..i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Bellamy Associates, L.C. — Change of Zoning District Classification MEETING DATE: February 28, 2006 ■ Background: An Ordinance upon Application of Bellamy Associates, L.C. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-18 Apartment District on property located at 4416 Princess Anne Road (GPIN 14766093400000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop multi- family dwellings. DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant is requesting a deferral of this application to the March 14 City Council hearing to allow additional time for them to meet with the adjacent property representatives to discuss outstanding issues. ■ Recommendations: Deferral as requested. ■ Attachments: E-Mail from Applicant Location Map Recommended Action: Deferral to March 14, 2006 City Council meeting. Submitting Department/Agency: City Manager: k Planning Department lJ- Page 1 of 2 Stephen J. White From: Christine Early [CEarly@dragas.com] Sent: Monday, February 20, 2006 10:53 AM To: Stephen J. White; Faith Christie; Karen Lasley; Angela Stevens Subject: RE: Bellamy Villas - Deferral request Importance: High Stephen, Dragas requests a deferral of the "Villas at Bellamy" rezoning application from February 28th to March 14th to allow us more time to meet with the adjacent properties to talk about some issues they have raised. Thanks so much. Christine C. Early Planning and Business Development Dragas Management Corporation 4538 Bonney Road Virginia Beach, VA 23462 Phone: 490-0161 Fax: 490-0040 cearly(a dragas.com www.dragas.com o 'Z �S of ��_ 04 aUR %PT 1 0 In Reply Refer To Our File No. DF-6325 TO: Leslie L. Lilley FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 15, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Bellamy Associates, L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 28, 2006. 1 have reviewed the subject proffer agreement, dated October 25, 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/ks Enclosure cc: Kathleen Hassen BELLAMY ASSOCIATES, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 2e day of October, 2005, by and between BELLAMY ASSOCIATES, L.C., a Virginia limited liability company, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee; BACKGROUND: A. Grantor is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 10.063 acres which is more particularly described in Exhibit W attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the `Property". B. Grantor is the owner of the parcel described in Exhibit W and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-18 Apartment District. G P I N : 1476-60-9340-0000 Prepared By and Return To: Kaufman and Canoles Suite 2100 150 West Main Street Norfolk, Virginia 23510 1 C. The Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation. D. The Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. E. The Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro cguo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. The Property shall be developed substantially as shown on the "The Villas at Bellamy — Conceptual Site Plan," dated July 21", 2005, prepared for the Dragas Companies, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Concept Plan") K 2. When the Property is developed, a swimming pool and cabana to serve the community's residents shall be constructed. 3. When the Property is developed, a landscaped entrance feature shall be constructed in substantial conformance with a monument style sign externally illuminated from ground level as depicted and described on the "Perspective View at Entrance — The Villas at Bellamy", dated July 218t, 2005, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Entrance Plan"), or as required to be located by the City of Virginia Beach Traffic Engineering. 4. There will be no more than thirty (30) residential buildings, each one being two (2) stories in height, and containing four (4) dwelling units per building. The total number of dwelling units permitted to be constructed on the Property shall not exceed one hundred twenty (120) and no dwelling unit shall contain more than three (3) bedrooms. 5. The architectural design of the residential buildings will be substantially as depicted on the exhibit entitled "Architectural Elevations — The Villas at Bellamy", dated July 21 st, 2005, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning CElevation"). The primary exterior building material shall be synthetic board siding with accents of synthetic cedar shake, and the colors used may vary from those on the exhibits but all will be earth tones. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner 3 of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 11 WITNESS the following signature and seal: GRANTOR: Bellamy Associates, L.C., a Virginia limited liability company By: Dragas Management Corporation a Virginia corporation, Manager Philip A. Shucet, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 25�h day of October, 2005, by Philip A. Shucet, President of Dragas Management Corporation, a Virginia corporation, Manager of Bellamy Associates, L.C., a Virginia limited liability company. My �jmission Expires: _(SEAL) Notary Public 5 Exhibit "A" Metes and Bounds Description of 4416 Princess Anne Road (GPIN 1476-60-9340-0000) Beginning at a point located in the northern right-of-way line of Princess Anne Road where it meets the western line of a 24' Reserved Road, said point being 943 feet, plus or minus, from the northwest intersection of Princess Anne Road and Windsor Oaks Boulevard; thence turning and running along the northern right-of-way line of Princess Anne Road, N47031'28"W, 91.43 feet, to a pin in the line of property now or formerly Trustees of The Kempsville Church of God; thence turning and running along the line of property now or formerly Trustees of The Kempsville Church of God, N36017'32"E, 1392.45' to a point in the line of property now or formerly CH&B Associates; thence turning and running along the line of property now or formerly CH&B Associates, S53030'59"E, 166.79 feet to a pin in the western line of the Subdivision of Timberlake, Section Thirteen; thence turning and running along the southern line of the Subdivision of Timberlake, Section Thirteen, S53054'09"E, 368.40 feet to a point in the western line of a 24' Reserved Road; thence turning and running along the western line of said 24' Reserved Road, S53151'49"W, 1471.66 feet, to the point of beginning. Said parcel of land containing 438,350 square feet or 10.063 Acres. L.. APPOINTMENTS BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA MEALS TAX TASK FORCE RESORT ADVISORY COMMISSION (RAC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT THE MAY 2, 2006 SESSION IS CANCELLED DUE TO THE COUNCILMANIC ELECTION. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 02/23/2006\gw www 0sm.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: February 14, 2006 C E S L PAGE: l D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D I CITY COUNCIL BRIEFING: Fred Adams - Chairman, A BIKEWAYS / TRAILS COMMITTEE Bicycles / Trails Advisory Committee Barry Frankenfield, design and development administrator, Parks and Rec. 11 CITY MANAGER'S BRIEFING Chief Greg Cade, Fire Department A. FIRE STAFFING / DEPLOYMENT III/IV /VVI/ CERTIFICATION OF CLOSED SESSION E F MINUTES - February 7, 2006 G/H/I Ordinance to AMEND the City Code: /I a § 2-4 re Police/ Fire / Rescue as part of Public ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Safety re Workers Compensation b § 36-172 to increase taxicab meter drop fee to ADOOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $2.25 for first eighth of a mile CONSENT 2 Ordinance to AUTHORIZE agreement between ADOOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City / VHDA re SPARC Home Ownership CONSENT program 3 Ordinance to AUTHORIZE Cost Participation ADOOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement (City's share: $388,019) with Ocean CONSENT Properties re Elbow Road Extended Phase II / Round Hill Dr./ Hillcrest Landing ADD Resolution requesting Governor VETO legislation ADOOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ED pending in General Assembly re permits for CONSENT pruning vegetation re Billboards J/1 ATLANTIC ENTERPRISES, INC. extend the APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y date 90 days re closure of portion of Alley / Block CONDITIONED, 71, 29 % St / Pacific Ave (DISTRICT 6 — BY CONSENT BEACH) 2 BONNEY G. BRIGHT Modification / Renewal APPROVED/ 7-3 Y Y A N N Y N Y Y Y Y of a CUP: borrow pit expansion (approved Nov CONDITIONED B 28, 2000) at Princess Anne Rd / Club Rd. AS AMENDED/ S (DISTRICT 7 — PRINCESS ANNE) STAFF TO STUDY ROAD T IMPROVEMENT A I N E D 3 JON / TAMMY CARLSON enlargement of a DENIED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforming Use re demolition of / existing CONSENT garage apartment / construction of a single- family dwelling at 304 C 27 b St (DISTRICT 6 — BEACH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: February 14, 2006 C E S L PAGE: I D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D 4 HERON RIDGE PROPERTIES at 2817 DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Seaboard Rd (DISTRICT 7 — PRINCESS ANNE) 2/28/06, BY CONSENT a COZ from AG-1 /-2 to Conditional re R-20 single-family homes b Variance to §4.4 (b) of Subdivision Ordinance that all lots meet CZO 5 CORPORATE WOODS ASSOC COZ from I-1 to APPROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 0=2 at 5040 Corporate Woods Dr re zoning CONSENT boundary line (DISTRICT 2- KEMPSVILLE) 6 DOUGLAS W. / VALERIE HUMPHREY / APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y ALLAN W. BROCK, JR. at 6428 / 6432 Knotts CONDITIONED Island Rd: BY CONSENT (DISTRICT 7 / PRINCESS ANNE) a CUP: residential development b Variance to §4.4 (b) of Subdivision Ordinance that all lots meet CZO 7 WARREN E. SINGLETON /Abounding Grace APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Assembly CUP: church at 5040 Corporate Woods CONDITIONED Dr (DISTRICT 2 — KEMPSVILLE) BY CONSENT 8 DESTINY LIFE CENTER CUP: re church in APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y existing movie theatre at 4554 Virginia Beach Blvd, CONDITIONED Suite 201 (DISTRICT 4 — BAYSIDE) BY CONSENT 9 SHURGUARD CUP: re mini -warehouses at 3201 APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Holland Rd (DISTRICT 3 — ROSE HALL) CONDITIONED BY CONSENT 10 Ordinances re the CLEAR ZONE: ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y a AMEND §§ 501/901/ 1001 of CZO prohibiting uses as incompatible in residential/ business / industrial zoning districts b AMEND APZ-1 Use and Acquisition Plan to include these zones within the provisions of the Plan K APPOINTMENTS: ADVERTISING ADVISORY COMMITTEE APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Betsy Atkinson - No Terms Atkinson Realty B.J.Henley- Baumann- Rockefeller's Restaurant Verne Burlage, General Manager - Quality Inn Oceanfront\ Richard A. Maddox, City Council Beach District No. 6 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 M B L DATE: February 14, 2006 C E S L PAGE: 1 D C M R C A W I J L A N R H N I E D 0 A D D E M U L W Z Y N N D O E I E S 0 AGENDA E E E A O R V D V O 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D Donna Mitchel, Vice President Sales/Marketing- Tidewater Hotels & Resorts Nancy B. Perry, Executive Director -Virginia Beach Convention and Visitors Bureau James B. Ricketts, Director- Virginia Beach Convention and Visitors Bureau Chris Savvides- Virginia Beach Restaurant Association Ken Taylor - Virginia Beach Hotel/Motel Association John Uhrin, Director of Operations- Burlage Management Ron A. Villanueva, City Council -At Large Art Webb-BCF Advertising Consultants Michael Standing, President - Virginia Beach Restaurant Association Harvey H.Shiflet II, DDS, owner - Virginia Beach Resort Conference Center BEACHES and WATERWAYS COMMISSION RESCHEDULED B Y C 0 N S E N S U S HEALTH SERVICES ADVISORY BOARD Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 year terms 4/l/06-3/31/09 Suzanne S. Love Ronald J. Wyles INVESTMENT PARTNERSHIP ADVISORY RESCHEDULED B Y C O N S E N S U S COMMITTEE — PPEA 11 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O 1 DATE: February 14, 2006 M C B E S L L PAGE: 1 D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D MEAL TAX TASK FORCE RESCHEDULED B Y C O N S E N S U S THE PLANNING COUNCIL Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y 1 year term 4/l/06-3/31/07 Rosemary Wilson RESORT ADVISORY COMMISSION (RAC) RESCHEDULED B Y C O N S E N S U S VIRGINIA BEACH COMMUNITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORAITON (VBCDC) 4year term Y 2/1/06-12/31/09 RobertN."Skip" Tem laton 11 L/M/1 Consider RESCHEDULING the regular Session of MEETING 11-0 Y Y Y Y Y Y Y Y Y Y Y City Council CANCELLED BY CONSENT a May 2, 2006 Councilmanic Election O ADJOURNMENT