FEBRUARY 04, 2003 AGENDACI'T'Y COUNCIL
MAYOR kfEYEM E. 0DEZVDORF At Large
VIC M YDR LOUIS R JONES Eaysde Duxrict 4
MARGAMT'L SURE Crntervdle Orono }
11 HA Y E DIESEL, Karr psville Drsinct 2
REBA S McCL 4)VAN Rose Hall District 3
RICHARD A AMDDOX Beach District
JIM REEF' Pnmcess Aivre District 7
PETER W SCHA4DT .fit Large
RON A YIL NUE A Al Large
ROSEMARY WII,11%0N At Large
JAMES L. FOOD Lyrrrrhaverr District 5
JAWS K SPORE City Manager
LESLIEL L L EY City Anorney
RUTH HODGEiS � lir MC City Clem
City of Virginia Beach
"COMMUNITY FOR A LIFETEME"
CITY COUNCIL AGENDA
February 4, 2003
I CITE' MANAGERS BRIEFINGS
COY HAa BUILDING 1
2401 COURTHOOSE DR[ VE
VIRGINIA BEACH VIRGINIA 23456-8005
PHONE 75 7) 427-4303
FAX 7 7 426 5669
MAIL Ctycncl@vbgov cora
- Conference loom - 2 30 PM
03-04 BUDGET STATUS
Cath ryn Whitesell, Director of Management Se et
B RANSTTIQN AREA FINANCIAL ANALYSIS
Robert Scott, Director of Planiung
II REVIEW OF AGENDA ITEMS
)II COUNCIL LIAISON REPORTS
IV CITY COUNCIL COMMENTS
INFORMIAL SESSION
CALIF TO ORDER - Mayor Meyera E Oberndorf
T1- W. -9 UK zwo wal Kel"
RECESS TO CLOSED SESSION
- Conference Room - 5 00 PM
11 VI FORMIAL SESSION
CALL TO ORDER - Mayor M vera E Oberndorf
B INVOCATION Reverend Samuel D Beller
Tnruty Tabernacle Church
- Council Chamber - 6 00 PM
C PLEDGE of ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY C U TCEL
CERTIFICATTON of CLOSED SESSION
F MINUTES
I INFORMAL AND FORMAL SESSIONS January 28, 2002
G AGENDA FOR FORMAL SESSION
H MAYOR'S OR'S PRESENTATION
1 UNITED STATES COAST GUARD PATRIOTIC EMPLOYER AWARD
a Sheriff Paul J Lanteigne
I ORDINANCES/RESOLUTION
1 Ordinances to ESTABLISH a capital project for the Police Trmn3-ng Facility site selection
and design, APPROPRIATE $80,000 from the DEA Shared Assets fid, and,
TRANSFER $5201,000 from the Replacements capital unprovement project CIP
DEFERRED January 7, 2003
2 Ordinance to APPROVE provision of $100,000 in Economic Development Investment
Program (EDfP) funds to Hampton Umvers2tyby Virpn2a Beach Development Authonty re
location at Town Center 11
3 Ordinance to APPROPRIATE $7,493,278 Erom FY 2001-02 School/Reversion
Funds to FY 2002-03 capital budget and TRANSFER $507,500 ire various school projects
and to establish one new capital unprovernent project CfP the following projects
a $35,986,000 Bayside Middle School re twenty classroom addition
$2.)30%000 Site acquisitions for elementary and middle schools
C $500,00 Arrowhead Elementary School replacement
d $7071)278 School Bus facility renovation/expansion re placement of garage
facilities
e $375,000 Kempsville Elementary School Modernization
f $1001000 Malibu Elementary School Modernization
g $32,500 Comprehensive Modern ation Study -Phase YI
Ordinance to AUTHORIZE $1,240,000 from hxfonnation Technology Internal Service Fuad
re upgrade and replacement of services and equipment
Resolution ESTABLISBIENG Virginia Beach Performing Arts Theatre Advisory Cottee
Resolution requesting the Virgma Board of Carne and Inland Fisheries AUTHORIZE the
City to participate in the late special muzzleloadmg season for the hunting of deer or to
extend the regular deer hunting season
7 Resolution RECEIVING report of Transit -ion Area Technical Advisory Committee
(TATAQ and noting the Public Comments on January 14, 2003
I! D PLANNING
1 Applications of HARBOUR DEVELOPMENT CORPORATION, L L C at North
LanIng and Fest Fleck loads, containing 65 1 acres, subject t
(DISTRICT 7 - PRNCESS ANNE)
Cage Zoning DistriaClassification r m -1 and AG -2 Agricultural to
Conditional R-30 Residential r single family lots no less than 30,000 sq t
Conditional Use Permit re Open Space
C. Vananm&veal re certain elements of the Subdivision Ordinance, Section 4 4(b),
that requires all newly created lots meet the requirements of the City Zoning
Ordinance CZ0 and reduce required street width
Deferred July 9 , August 13, October 8, 2002,
January 14, 2003
Plmmng Recommendation WDEFE141TE DEFERRAL
K APPOINTMENT
PERSONNEL IEL BOARD
L UNFINISHED BUSINESS
M NEW BUSINESS
N ADJOURNWNT
If you are physically disabled or visually impaired
and need assistance at this meetmg
please call the CM CLERK'S OFFICE at 427-4303
Heanng impaired call TDD only 4274305
(TDD Telephonic ice for the Deaf)
Agenda 1413Iblb
www vbgov com
INFORMAL SESSION
CALL TO ORDER - Mayor Meyera E Oberndorf
ROLL CALL OF CITY COUNCYL
c RECESS TO CLOSED SESSION
- Conference Room - 5 00 PM
77'VqI FORMAL SESSION
A CALL TO ORDER - Mayor Myra E Obemdorf
INVOCATION Reverend Samuel I Beiler
Tnmty Tabemacle Church
- Council Chamber - 6 00 PM
C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ANIEERICA
ELECTRONIC ROLL CALL OF CYrY COUNCIL
E CERTIFICATION OF CLOSED SESSION
F AGS
I INFORMAL AND FORMAL SESSIONS
January 28, 2002
iA 11q"C01'j
+tea
U
�4
��
4_
0,P
OUR 1%4
l�t#itoonn
CERTIFICATIONF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS The Virginia Beach City Council convened mto CLOSED SESSION,,
pursuant to the affirmative vote recorded here and in accordance vath the provisions of The
Virginia Freedom of Informauon Act, and,,
"ER AS Section 2 2-3712 of the Code of Virginia requares a certification by the
governing body that such Closed Session was conducted un confornuty with Virginia Laver
NOW, THEREFORE9 BE IT RESOLVED That the Virgima Beach City Council
hereby certifies that, to the best of each member's knowledge, dge, a only public business matters
lawfully exempted from Open Meeting requirements by Virgmia 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 convemng this Closed Session were heard, discussed or
considered by Virginia Beach City Council
MA' 9S PRESENTATION
UNITED STATES COAST GUARD PA.T 1 TIC ENPLOYER AWARD
Shenff Paul J Lant ign
ORDINANCES/RESOL ON
Ordinances to ESTABLISH a capital project for the Force Training Facility site selection
and design, APPROPRIATE $80,000 from the LEA Shared Assets find, and, TRANSFER
$520,000 from the Replacements capital improvement project(CIP)
DEFERRED January 7, 2003
2 Ordinance to APPROVE provision of $100,004 m Economic Eevelopment Investment
(EDEP) program funds to Hampton Umversrty by Vxrguua Beach Development Authonty se
location at Town Center
Ordinance to APPROPRIATE $7,493,000 from FY 2001-02 Schools Reversion
Funds to FY 2002-03 capital budget and TRANSFER $507,500 re various school projects
and to establish one new capital improvement project (CID) re the following projects
a $3,986,000 Bayside Middle School re twenty classroom addition
h $2,300,00 for elementary and muddle schools site acquisitions
C $50000 Arrowhead Elementary School replacement
d $707,278 School Bus facility renovation/expansion re placement of garage
faciLhes
e $375,000 re Kempsvdle Elementary School Moderntzatlon
1009000 Bayside Wh Grade Campus renovations
7 32,5000 Comprehensive Modern tion Study -Phase II
4 Ordumee to AUTHORIZE S 1,240,00 from Information Technology Internal Service Fund
re upgrade and of'replacement semces and equipment
5 Resolution ESTABLISHING virguuaBeach Ferfo sung Arts Theatre Advisory Coninuttee
Resolution requesting the Virginia Board ofGame and Inland Fishenes AUTHORE the City
to participate in the late special muzleloading season for the hurting of deer or to extend
the regular deer hunting season
7 Resolution RECEIVING report of Transition Area Technical Advisory Committee
(TATAQ and noting the Public Comments on January 14, 2003
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Police Training Facility -Site selection and Design Ordinance
MEETING DATE February 4,, 2003
Background
The Police Department tern poranl y ceased operation of its firearms training facility at
Creeds due to concerns surrounding resident safety Since the closing of the range, police
personnel have been required to travel to surrounding jurisdictions to obtain mandated
firearms training This situation has caused the police department to terminate all dynamic,
remedial and enhancement training To address the training needs of the Department and
ensure the safety of the community, it is proposed that a consultant be hired to complete
a master plan, which considers alternative sites and options once this analysis has been
completed, the consultant's recommendation regarding location and design of the police
training facility will be presented to City Council for final approval
Considerations
The funds requested will allow the police department to hire a consultant to develop plans,
gather public input, and obtain permits required to proceed with the project The consultant
ill work with the Police Department to evaluate viable alternative locations as well Total
amount of funding requested is $600,000
Public Information
Public information will be handled through the normal Council agenda process
Alternatives
There are no current funding streams available for this project Because of the critical
nature of this situation, to delay funding could result in potential liability for the City of
Virginia Beach, as well as a reduction in the safety of citizens and police officers
number of alternatives were presented to Council on December 10, 2002, however, all
would require ongoing funding that is not currently available and would not result in the
police department meeting its basic training requirements or considerations of future
needs
Recommendations
Establish Capital Project ##3-229 Police Training Facility -Site Selection and Design and
approve $600,,000 for the site selection and design phase of the Police Training Facility
The funding is available as follows $80,,000 appropriated from the DEA seized Assets
Fund and $520,000 transferred from the Emergency Communications/Emergency
Operations Centers Capital Project ## 3-173 The funding transferred from this project will
be replaced after July 1, 2003 The Emergency Communications/Emergency Operations
Centers project is in the design phase for the current fiscal year, therefore this temporary
transfer of funding will not cause delays in the project
Attachments
Ordinance
Recommended Action Approve Ordinance
Submitting Department/Agency Police Department
City Manager � � ��
F IData1AT lordjn\NON CODEToli a Training arf wpd
1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3-
2 229 "POLICE TRAINING FACILITY -SITE SELECTION
3 AND DESIGN." AND TO APPROPRIATE $80F000 FROM
4 THE IES SEIZED ASSET FUND AND TRANSFER
$520,000 FROM CAPITAL PROJECT #3-173,
"EMERGENCY COMMUNICATIONS/EMERGENCY OPERATIONS
7 CENTERS," TO THIS PROJECT TO INITIATE SITE
SELECTION AND DESIGN WORK
9 WHEREAS, the C3-tof Virginia Beach Police Department -i
10 unable to use the firing range at the current facility due to
11 safety concerns
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA
14 1 That Capita] Pr03ect #3-229, "Police Tra3-n-ing Facila-ty-
15 Site Selection and Design," is established j_n the Capital Budget
16 2 That the following appropriation and transfer are hereby
17 made to Capital Prop ect #3-229, "Poll-ce Train_ng Facil3-ty- Site
18 Selection and Design, to initiate design work for the Police
19 Training Facility
20 a $80,000 is appropriated from the DEA Shared Assets
21 Fund, and
22 b $520,000 is transferred from Capital Pro3ect #3-
23 173, "Emergency Ccmmunicat -ions Emergency Operations
24 Centers 11
25 3 That a site selection process shall proceed the design work,
26 and site selection shall be approved by City Council
27 4 That revenue in the Capatl Budget is hereby 3.ncreaed
28 accordingly
29 Adopted by the Council of the City of Virginia Beach, Virginia
30 on the day of , 2003
CA$708
ordin/noncode/Palace Firing Range ord wpd
R3 - January 30, 2003
Approved as to Content Approved as to Legal Sufficiency
OWL
anagement Services Department Law
Im B�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An Ordnance to Approve the Provision of $100,000 in Economic Development
Investment Program Funds to Hampton University by the City of Virginia Beach
Development Authonty
MEETING DATE February 4, 2003
BACKGROUND
Hampton University has long desired to have a campus in the South Hampton Roads area
The Town Center of Virginia Beach has been identified as an ideal location to provide a
doctoral program in Pharmacology gradate and undergraduate nursing degrees and a
teacher certification program Hampton University proposes to construct a 16,000 square foot
facility at Town Center to house offices and classroom space for these higher education
programs
The Director of the Department of Economic Development, acting on behalf of the Virginia
Beach Develo p me nt A utho nty (the "Authonty') has determined a geed to provide EDfP Funds
in the amount of $'00,000 to Hampton University to undeiwnte a portion of the costs
associated with the construction of the classrooms and office space at Town Center (Block
Four) The provision of these funds requires the formal approval of City Council inasmuch as
the Hampton University proposal does not meet all of the cntena required under the EDIP
Policy and Procedure for providing EDIP funds
CONSIDERATIONS
The programs to be offered by Hampton University will create synergy with the Sentara
project, Tidewater Community College and the ODU/NSU Higher Education Center in Virginia
Beach These higher education programs will supplement and enhance educational offerings
in Virginia Beach at a time when state budget cuts threaten to eliminate vital health care
education programs
Moreover, the addition of Hampton University to Virginia Beach assists in the achievement
of the following Outcome Strategies addressed in the City s Strategic Plan for 2002-2005
dated October 11 .9 2002
• To diversify and enhance the quality of our array of cultural, recreational and educational
opportunities
• To work with our Community to focus resources on the development of a qualified
workforce ranching the needs of employers and potential employees
• To facilitate opportunities for individuals to learn and work, to realize their own life's
goer and to provide for the well-being of themselves and their families
To work with the Community to both stimulate and provide lifelong learning opportunities
that address the needs of the entre community
The Authority approved a resolution in favor of the E IP grant to Hampton University on
January 21 r 2003, subject to the formal approval of City Council, all in accordance with the
EIP Policy and Procedure Additionally the provision of ECT funds is subject to
Hampton Universitys execution and delivery of a Recapture apture Agreement and the provision
of a lease or other satisfactory evidence of a lease obligation of Hampton University to
lease the 16, 000 square foot office and classroom space for at least 5 years
PUBLIC INFORMATION
All public information will be handled through the normal agenda process
ALTERNATIVES Adopt the Ordinance approving the provision of EDIP Funds to
Hampton University by the Authority or not adopt the Ordinance
RECOMMENDATIONS Approval of the provision of EDiP Funds to Hampton University
by the Authority
ATTAC H II I E I Ts
Ordinance,
Resolution adopted by the Virginia Beach Development relopment Authority on January 21, 2003
Recommended Action Approve
Submitting Department/Agency Economic Development
;.
City Manage6z�A� V"'�_
1 ORDINANCE No
2 AN ORDINANCE TO APPROVE THE PROVISION
3 OF 5100,000 IN ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM FUNIS T
HAMPTON UNIVERSITY BY THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTI I RT1 Y
WHEREAS, Hampton Umver itydesires to locate certarn graduate and undergraduate
programs in the Town Center of Virginia Beach,
WHEREAS, Hampton University proposes to construct a 16,000 square foot facility
10 in the Town Center (Block Four) to house the necessary office and classroom space for its proposed
11 higher education programs,
12 WHEREAS, the Director ofEconomic Development, acting on heh lfof the Virginia
13 Beach Development Authority (the "Authority", has determined a need to provide Economic
14 Development Investment Program "EDIP" funds to Hampton Umversity to underwrite a portion
is of the costs of construction of 16,000 square feet of office and classroom space,
16 WHEREAS, there are funds to the EDIP which are available for such purposes,
17 subject to the formal approval of City Council, and
18 WHEREAS, by Resolution adopted January 21, 2003, the Authority approved the
19 provision of S 100,000 of EMP funds to Hampton U ruversity to underwrite a portion of the costs of
20 construction of the 16,000 square foot office and classroom facility, subject to the approval of City
21 Council
22 NDw, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA. BEACH, VIRGINLk
24 1 That City Council hereby approves and authorizes the Authority to provide
25 $100,000 in Economic Development Investment Program funds to Hampton University to
26 underwnte a porton of the costs ofconstructlon of a 16,000 square foot office and classroom facility
27 at the Town Center of Vlrgmia Beach
28 Adopted by the Council of the City of Virginia Beach, Virg. ia, on the day o
29 February, 2003
30 CA -8665
31 PREPARED January 21, 2003
32 -1
3 3OVED TO CONTENT
34
(Aept of Economic eve ent
APPROVED AS TO
LEGAL SUFFICIEN Y
Law Department
IPmjects\HamptonU ord wpd
A RESOLUTION APPROVING THE PROVISION OF
$100,3000 IN ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM FUNDS TO
HAMPTON UNNERSITY
WHEREAS, the City ofVirgima Beach Development Authority the "Authont r"
was created pursuant to Chapter 643 of the Acts of Assembly of1964, as amended (the "Act"),
AREAS, one of the pary purposes of the Act is to enable development
authorities 'oto promote industry and develop trade by inducing m nufactunng, industrial,
governmental and commercial enterprises to locate in or rernam in the Commonwealth t',
WHEREAS, pursuant to § 7 of the Act, "the Authonty may foster and stunulate
the development of industry in the area within its jurisdiction [and) may accept, and expend
for the purposes stated above, money from any public or pnvate source ",
WHEREAS, the econorruc development goals and objectives of the City include
achieving a higher rano of nonresidential to residential real estate assessments, investing in land
and infrastructure to benefit future economic growth, and maximizing the return of econorruc
development efforts through the development and implementation of programs and strategies
that facilitate new busuzess investment and encourage retention and expansion activities, thereby
improving the overall quality of life in the City,
WTIEREAS, the City established the Econormc Development Investment Program
CEDIP") in the FY 1993-94/FY 1998-99 Capital Improvement Program as part of its overall
effort to enhance the City's ability to accomplish these goals and objectives,
WHEREAS, pursuant to the authonty and empowerment set forth in § 10 of the
Act, City Council, by ordinance adopted January 25, 1994, authonzed the transfer of funds in
the EDIP account to the Authority and the provision of future EDIP appropriations to the
Authority to enable the Authonty to more effectively continue its efforts to foster and stimulate
economic development by inducing businesses to locate or remain in the City,
A REAS, the Director of Economic Development, elopment, acting on behalf of the
Authority, has determined a need to provide EDIP funds to Hampton University (the
"Recipient") to underwrite a porton of the costs of construction of 16,000 square feet of office
and classroom space at Town Center (Block Four), however, the criteria set forth in Paragraph
f the EDIP Policy and Procedure have not been met.,
VITERAS, pursuant to the provisions of Paragraph 3 of the EDIP Policy and
Procedure, City Council has given its informal approval of the provision of EDIP funds to the
Recipient prior to the Authority's approval, and intends to give its formal approval in the near
future,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGEqIA
EACH DEVELOPMENT AU RITY
Z That the Authority hereby finds that the provision of $ 100,000 in EDIP
funds to the Recipient will primarily serve the valid public purpose of fostering and stimulating
economic development in the City, and is in furtherance of the purposes for which the Authority
was created
2 That subject to the formal approval of the City Council of Vugznia Beach,
the Authority hereby approves the provision of $100,000 in EDIP funds to the Recipient to
underwrite a portion of the costs associated with the construction of 16,000 square feet of office
and classroom space in Town Center (Block Four), and/or other allowable off-site infrastructure
improvements related thereto Such funds shall be paid to the Recipient at such time as the
Recipient occupies the described office space and classrooms and has commenced instruction
3 That prior to receiving any portion of EDIP Funds, the Recipient will
execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to
counsel for the Authority and provide a signed lease or other satisfactory evidence of a lease
obligation of the Recipient to lease the described office and classroom space for at least five (5)
years
Adopted this c� 1 s�-day of , 2003, by the City of Vuguua Beach
Development Authority 0
CITY OF V RGMA BEACH
DEVELOPMENT AUTHORITY
By Atk04 -)- )dr
Secretary/A"tsmri GW.. e*§.�
IF \Department Files\VBDAIL cgaidocsl 0J\Hampton U RES wpd
CERTIFIED TRUE COPY
'tr%. v,
Lin aLea Sheehan, Clerk
VBDA Project Summary Report
Project Name Hampton University
Name
Business Type
Total Employment 22
Retained Jabs 0
Salary $000
Average Salary And Benefits$000
Build:na Reauirements
&� Lease ❑ Multi -Tenant
Own Standalone
Lease/Purchase
Building Either
Min Sq
Ft Office
1 000
MaxFt
Office
1 000
IIA i n Sq
Ft Total
1 000
Max Sq
Ft Total
1 000
Space Dotes
Min Acres
Max Acres 0
Sde Decided On Town Center
Product/Service Education
Capital Investment
Building and Site 1 000 000 00
Machine and Tools $000
Other $400 000 00
Total $194009000 00
Buildina Uses
0 Light AAanufactunng ❑ Flex Space
0 Heavy Manufacturing El Officelwarehs
❑ Warehouse S6 Office
Min Sq Ft Mfg 0 Min Sq Ft 1l hse
Max Sq Ft Mfg 0 Max Sq Ft I hse
Class
Expansion Requirement
onfidentiai report prepared by the Virginia Beach Departmew of Economic Development 0111712003
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Appropriation of Virginia Beach Schools Reversion Funds and Transfers
Between Capital Projects
MEETING DATE February 4 2003
■ Background Virginia Code § 22 9-100 provides that any unexpended funds from the
School s Operating Budget must be returned to the governing body The Virginia Beach
City Council has along-standmg practice of appropriating the School s Reversion funds to
the School s Capita! and Operating budgets for non-recurring items
On September 11, 2002# the School Board was presented with a summary financial
state ment indicating a t taI of $18 290 278 of available unaudited reverse n funds for fiscal
year ending 2002 City Council has appropriated $400,000 on July 9, 2002 to badge the
compensation package beginning July 1 2002 for current teaching staff Lauer, on
November 5 2002 it appropriated $10,397 000 for various CIP projects and one time
operating costs OnDecembei-17 2002 the School Board adopted a resolution requesting
that City Council appropriate the remaining 493 278 to the following capital projects as
set forth below
$3986000 Bayside Middle School Addition (Capital Project #1-240)
$2 300 000 Various Site Acquisition - Phase i (Capital Project # 1-006) for a new
600 student Elementary school adjacent to Newtown Road
Elemen#ary School and for a new Virginia Beach Middle School Site
$500,000 Arrowhead Elementary School Replacement (Capital Project 1-226)
to start earlier
$707,278 Provide Funding for Renovation or Replacement of Bus Garage
Faalities and/or Site Acgwsition as required (Capital Project 1-078),
New Project -School Bus Facility Renovation/Expansion
Total $7,493,278
Additionally on January 21 2003 the School Board approved two resolutions requesting that City
Conal approve the following transfers between capital projects
Amount From To
$300000 Capital Project #1-222 capital Capital Project # 1-220
Pembroke e E S Modernization Kernpsville E S Modernization
$75000 caprtal Project # 1-223 capital Project # 1-220
Lynnhaven E B Modernization I ernp ville E S Modernization
$100000 Caprtal Project # 1-222
Pembroke E S Modernization
$10739 Capital Project # 1-002
Kellam High School
Auxiliary Gym
Caprtal Project #1-221
Malibu P S Modernization
Capital Project # 1-231
Comprehensive Modernization Study -Phase 11
1914 Capital Project #1-198 Capital Project # 1-231
seatack Elementary Replacement Comprehensive Modernization study -Phase 11
482 Caprtal Project # 1-238
Kemps Landing Conversion
$16,365 Capital Project # 1-239
Bayside ' Grade Campus
Renovations
$507,500 Total
Capital Project # 1-231
Comprehensive Modernization study -Phase 11
Capital Project # 1-231
Comprehensive Modernization study -Phase 11
Considerations
By three separate resolutions the School Board has requested the allocation of the above -
identified funds
■ Public Information
Notice was advertised in the Beacom on January 1, 2003 The Public Hearing will be held
on Januar r 28, 2003 on this proposed amendment to the FY 20 02-03 Capital Improvement
Budget
■ Alternatives
Non
Recommendations
Approval of attached ordinance
Attachments
Ordinance and copy of school Board Resolutions
Recommended Action Approval
Submitting DepartmentlAgency Virginia Beach City Public Schools
City Manager r
5 V 7r�?�"��t.
F Data1A'f'Y\OrdtnWONCODEISCFi00LR J
1 AN ORDINANCE TO APPROPRIATE $7,493, 000 2
2 FY 2001-02 T I RG I N IA BEACH
SCHOOL
REVERSION FUNDS DS TO VARIOUS
SCHOOL
PROJECTS I N THE FY 2002-03
CAITAL
5 BUDGET, TO ESTABLISH ONE NEW
CAPITAL
IMPROVEMENT T PROJECT, AND TO
TRANSFER
7 $507,500 BETWEEN VARIOUS SCHOOL
CAPITAL
PROTECTS IN THE FY 2002-03 CAPITAL BUDGET
WHEREAS, on September 11, 2002 the School Board was
10 presented with a summary financial statement indicating a total
11 amount of $18, 290, 278 in FY 2001-02 Virginia Beach Public School
12 unaudited reversion funds,
13 WHEREAS, $10,797,000 of these reversion funds has been
14 previously appropriated and $7,493,278 has not been appropriated,
15 and
16 WHEREAS, by resolutions dated December 17, 2002 and
17
January
21, 2003,
the school. Board formally requested the City
18
Council
to approve
the appropriation of the remaining $7,493,278 of
19
school
reversion
funds and to also approve $507,500 in budget
20 transfers to the City's FY 2002-03 Capital Budget
21. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA
23 1 That Capital Pro3ect ## 1-078, "School Bus Facility
4 Renovation and E ars ron, " is hereby created
25 2 That $7,493,278 of school reversion funds from the
26 School Board's FY 2001-02 Operating Budget is hereby appropriated
27 from the Fund Balance of the General Fund to the FY 2002-03 Capital
28 Budget in the amounts and to the pro3ects as set forth below
2 (a) $3,f 986, 000 to Capital Pro3 ect. 1-240, 'Bayside Iii-iddl
30 School Addition," for a twenty classroom addition,
31 b $2,300,000 to Capital Prop ect #1-0 06,, "Various
32 School Site Acquisitions - Phase I , �� for new elementary and middle
33 school sites,
3 o $500, 000 to capital Project 1-226, "Arrowhead
35 Elementary School Replacement," to start the process earlier, and
3 d) $707,278 to Capital Propect #1-078,, "School Bus
37 Facility novation/Expansion," for replacement of bus garage
38 facilities
39 2 That $507,500 i s hereby transferred in the FY 2002-03
40 Capital Budget as set forth below
41 a $37S,,000 to Capital ProDect ##1-220, " emps elle
2 Elementary School Modernization," with $300,000 transferred from
43 Capital Prop e t #1-222, "Pembroke Elementary School Modernization.. ation, 11
44 and $75.,000 from Capatal Pro3ect #1-223, IlLynnhaven Elementary
45 School Modernization",
46 b $100, 000 to Capital Pro]ect ##1-221, "Malibu
47 Elementary School Mod rn3 at ion, " from Capital Project #:L-222,
4 "Pembroke Elementary School Ioderni at iLon" , and
4 e $32,500 to Capital Project ##1-231, omprehen s ive
50 Modernization Study -Phase II, 1f with $10,.739 transferred from
1 Capital Pro] ect #1-002,, "Kellam High School Auxiliary Gym," $1 , 314
52 transferred from Capital Pro3 ect #1-198, r' eatack Elementary School
3 Replacementf 11 $3,482 transferred from Capital Project #1-238,
2
54 "Kemps Landing Conversion, " and $16,365 transferred from Capital
55 Project #1-239, "Bays i -de 6th Grade Campus Renovations 11
56 3 That revenue a -n the FY 2002-03 Capital Budget is
7 hereby increased by $7,493,278
8 Adopted by the Council of the City of Virginia Beach,
59 Virginia, on the day of , 2003
60 Requires ars affirmative vote by a mai ori ty of the members of
61 clt'y Council
CA -8726
ordin/noncode/Schoolreveord wpd
January 24, 2003
R3
Approved as to Content
0�n" a "I
Management Services
Approved as to Legal
Sufficiency
City Attor y' Office
VIRGINIA BEACH CITY PUBLIC SCHOOLS
SCHOOLBOARD
Darnel D Edwards
Chamnan
L1aW 1 Centerville
1513 B xhview Drive
VA Beach VA 23464
495-3551 N • 717-0259 {aelr}
Neil L. Rose
ice C mean
Al Lane
1337 Kwrts RoW
VA Beach VA 23452
463-3823 {h} 497 66M (w)
Jane S Brooks
D smd 6 Bean
721 Mop Road
VA Be2ch VA 23454
425-1597 (h)
Emm L Em Davis
DksW 5 Lln nharcn
1125 KkhwWood D we
A Beach VA 23452
348911 (h)
IL James "Jim DeMis
DoW 2 - Kan"v le
4545 Bob Jones Dave
VA Beach VA 23462
467 2457 (th)
Un R. Uwe
# 4 Or/side
4617 Red Coat Road
VA Beach VA 23455
4903681 (h)
Sandra Smith -Jones
705 Rock Creek Court
VA Bexlr VA 23462
4167 )
INK"d W stmt
Dmtd 3 Rose Rall
los etwood Court
VA Beach VA 23
494 ) • 445-4637 (w)
Arthur T Tate
At-Lwp
17M Laipmr1h Dews
VA Beach VA 23455
X51 )
Carolyn o Weems
1420 Claucka Drive
VA Beach VA 23455
X74 )
Lois S WIllams Ph D
DksVd 7 - Princess Anne
2532 Las CorraW Court
VA SCh VA 23456
30691 ()
SUPERINTENDENT
AHEAD O F THE C U R V E
RECOMMENDATIONS OF CIP AD HOC COMMITTEE
WHEREAS n June 25, 2002 the School Board established an AD HOC Con-u-ilittee to review
current and projected facility needs to the CIP and
WHEREAS on June 25 2002 the School Board adopted a resolution recommending that 000 000
in FY 2001102 reversion funds be reserved for undesignated CIP projects and
WHEREAS on October 1 2002 the School Board adopted a resolution rec n rending that an
additional 493 278 in FY 2041102 reversion funds be reserved for undesignated CIP projects
subsequent to rec mrnend tion ofthe CIP AD HOC Committee and
WHEREAS, the CIP AD HOC Conmiittee has coy ipleted their work and issued a final report dated
November 19 2002 and
WHEREAS the CIP AD HOC Committee recommends the following uses for 7 493 278 in
reversion funds
Bayside Middle School Twenty Classroom Addition $3986000
Provide Funding for Site Acquisition IP 1-006) for a new 600 student
Elementary school adjacent to Newtown Road Elementary School S 1,050 000
School Modernization Program — Provide Funding for Arrowhead
Elementary School CIP 1-226) to start earlier $500,000
Provide Funding for Site Acquisition CIP I-40for a new Virginia Beach
Middle School Site $1. 040
Provide Funding for Renovation or Replacement of Bus Garage Facilities
and/or Site Acquisition as required $707,278
WHEREAS while the Board expects its Building Utilization Conumttee to verify program capacity
numbers and to continue to explore all possible methods of reducing over capacity situations at all
schools given the need to rrunmuze over erowdmg now and nunn- uze future construction costs it
recognizes the need for a pennanent construction -based solution to over crowding m the Bayside area,
and
WHEREAS the Board has dtrected the Adnunistration to develop recornrnendations to consolidate
smaller elementary or middle schools as a potenutal offset to the overhead generated by building a
third elementary school to support the Newtown RoadlBettxe F Williams attendance zones
Now, therefore, be it
RESOLVED That the School Burd approves the recommended uses of FY 2401/02 reversion funds
s presented by the CIP AD HOC Committee
And be it further
RESOLVED That a copy of this resolution he spread across the official minutes of this Board, and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayo IWA
e�nb-.�ed
City Council, the City Manager, and the City Cleric
Adopted by the School Board of the City of Virginia Beach dus 17`' day o�
nm R. Jeniscy Ph -D Daniel D FcUwards Chairf=
V 2Gaorge Mnm D we Attest CERT1 M To B
E,Beach A A 23455 If
4 7 ANDSRR
iarme P Alexander, Clerk of the Board . .
School Admin =on Building • 2512 George Mason Dnve -* P 0 Box 6038 • Virgima Beach VA 23456-0038 C
VIRGINIA BEACH CITY PUBLIC SCHOOLS
SCHOOLBOARD
VO1 centervAe
1513 6e.,&vww Dave
VA Beam VA 23464
496-3 51 (h) • 717-0259 (WI)
Nd u Ron
Vce ChWMM
Atte
1337 Harm #aid
VA each VA 23452
463,= (h) • 497-66M (w)
Jane S Brooke
CksW 6 Beach
721 Hdl p Rcad
VA Bead, VA 23454
425-1597 (h)
EmmLUm
Dztd s Char~
112 A f hoe god Dmrc
V Beadr IIA 23452
34M1 f (h)
A. Jan= wJme DeSdis
Da id 2 — empsWile
4545 Bob Jmes Drove
VA Bead VA 23462
467 2457 (h}
Dan FL Lowe
DzW 4 Baysde
4617 Red carat Road
VA Bead, VA 23465
490-3fi81 )
Sandra SndUWones
705 Rack Cnwk Courl
VA Beech VA 234
49MI67 )
moa W shwart
Dist 3 Fuse Hai
105 Bre b000d Cou#
VA Beech VA 23452
4994343 ) . 44&*7
AjOw r rat
1709 UdysffvM hews
VA BndL VA 234
X151 )
Carate D W.eRre
k
1420 04ucka Orm
VA Beach VA 23455
4"%-14 (h)
D rKA 7 — Pr nam Am m
2= Las Cwda court
VA Bead, VA 2M
MM (w)
SUPERINTENDENT
Th=ft R. Joromy Ph.O
2512 George Mum Dime
VA Beach VA 23455
4274326
AHEAD O F THE C U R V E
CAPITAL IMPROVEMENT PROGRAM
TRANSFER OF FUNDS
V' UREAS, the construction of the f empsville and Malibu alibu Elementary School Modcmi ati n
projects conmenced in July 2001, and
WHEREAS, the Ke psville Elementary School project has encountered numerous unforeseen
utility conflicts which require additional appropriations in order to complete the project as
originally planned, and
WHEREAS, the Malibu Elementary School project has encountered unforeseen structural
deficiencies which require additional appropriations in order to complete the project as on&nn lly
planned and
WHEREAS, the Pembroke and Lynn aver Elementary School Mod rnmation projects are both
under budget and have sufficient appropria bons to accommodate the proposed transfers,
noir, therefore, be it
RESOLVED That the School Board requests that City Council approve the transfers outlined as
follows
CEP 1-222
Pembroke E S Modemization
1223
CIP
L ven E S Modemizahon
CIP 1-222
Pembroke E S Moderruzahon
and be it further
Ammint In
$30%000 CEP 1;220
Kempsville E S Modernization
S 75,000 CIP 1-220
Kempsville E S Modernization
$1002000 CEP 1-221
Malibu E S Modernization
RESOLVED That a copy of this resolution be delivered promptly to each member of City
Council, the City Manager, and the City Clerk by the Clerk of the Board
Adopted by the School Board of the City of ViTginia Beach January 21, 2003
SEAL
Attest
Dianne P Alexartider
Clerk of the Board
CERTIFIED TO -A7M
AND CRREDT COPY
ClerK SCIS
pity of !
School A►dmtnton Hiding 0 2512George Kam DrRve ' P 0 Bax 6038 • Virgima Beach VA 23456-0038
A,
VIRGINIA BEACH CITY PUBLIC SCHOOLS
SCHOOL BOARD
noW o. edward■
otsm 1 Cenwville
1513 Bamchvew Dnve
VA ern VA 23464
495451 (h) • 717-0259 (cell)
NeflLRM
We Chamm
At LOW
1337 Ham Road
A Beack VA 23452
463-38M N . 497-M M
Joe S e�
DisM B Beads
721 hillop RoW
VA Beach VA 23454
425-1597 (h)
LOQ s
DeW 5 Lrerw
1125 doh lw ed Dmfe
&!ach VA
3456'911 (h)
A. Jugs Amw De8d w
DaW 2 — V11%
4545 ft. Dnve
VA Beach VA Z3462
467 2457 (h)
ON R. Laws
D%W 4 Bair We
4617 Reed Coat Roo
A &kxh VA 23455
49631 )
Sandrs SmMWones
705 PjX* rW* Court
VA h VA 23462
48167 (h)
Wdhw W su%vt
Dad 3 Rose Hal
105 em&vocd OXW
VA Bead, VA ZXU
4S.Ml ) .4S46V
Ardwr r roe
1709 Lad�*,.r M MMS
VA Boich VA 29%
4MRs1 (h)
mdp a
AWMp
1420 C WWia Dnve
A Beadh VA M45
4S4M74 (h)
Low L Mum Ph a
DaM 7 — Praxm Arm
2M2 Las Coffaks Curt
VA VA 2M
zo-ml 1w)
SUPERINTENDENT
Tina &y L Jwmy Ma
2512GwpMvw0m
A Beach 23455
4274326
AHEAD O F THE C U R V E
CAPITAL IMPROVEMENT PROGRAM
TRANSFER OF FUNDS
WHEREAS, the School Board has been briefed by staff regarding the proposed replacement of
Virginia Beach Middle School and the modems ation of Kemps Landing Magnet, and
VVEEREAS, the School Board has directed staff` to evaluate the feasibility for housing both
programs in a new facility, and
Vv REA , the evaluation will require a transfer of appropnations and a modification to the
contract with Waller Todd & Sadler Architects,
now therefore be it
RESOLVED That the School Board requests that City Council approve the transfers outlined as
follows
CT 1 002
Kellam Fhgh School Auxiliary Gym
CIP 1-198
Seataek Elen=tary Replacement
CIP 1-23
Kemps Landing Conversion
CIP 1 239
Bayside e Grade Campus Renovations
Total
and be it further,
$10739 CIP 1-231
Comprehensive Modernmation Study Phase II
1,914 CIP 1-231
Comprehensive 1 loderni:zation Study — Phase II
$3482 CEP 1-231
Comprehensive Modernization Study -- Phase 11
$16,365 CEP 1 231
Comprehensive Modernization Study — Phase 11
$32,500
RESOLVED Subsequent to City Council's approval of the above transfers, the School Board
author es the Superintendent to increase the contract with Waller Todd & Sadler Architects by
greater d= twenty-five percent of the contract m accordance wrath §2 2 -4309 of the Virginia
Public Procurement Act
and be it further,
RESOLVED That a copy of this resolution be delivered promptly to each member of City
Council, the City Manager, and the City Clerk by the Clerk of the Board
Adopted by the School Board of the City of Virginia Beach January 21, 2003
SEAL
test
Dianne P Alexander
Clerk of the Board
Daniel D Bd
W;
Chairman .�.
CERTIFIED T� Pbf
AND CFl90CPY
clerk &
10"v Of
School Adminwwawm Building • 2S 12 George ['dam Dnve • P 0 Box 6038.1 rgarma Beach VA 23456-W38
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An Ordnance to authorize $1,240,000 from the Information Technology Internal
Service Fund retained earnings for the purpose of purchasing upgrade and replacement
of telecommunications services and equipment
MEETING DATE February 4, 2003
■ Background
briefing on the City s telecommunications services was provided to city Council on
January 7 2003 During the briefing, multiple questions were raised by Council
members Vice Mayor .Jones and Councilman Schmidt agreed to meet with the
Department of Communications and Information Technology CornIT to gain a more in-
depth understanding of the telecommunication service needs, and the proposed
upgrades and equipment replacements Vice Mayor Jones and Councilman Schmidt
met with the Chief Information officer and members of ComlT on January 277 2003 to
work through the questions in detail In addition, answers to questions raised during the
January " briefing have been provided to City Council members as part of the City
Managers weekly package
Adequate telephone and telecommunications services are vital to City departments' and
agencies ability to communicate with and serge citizens In order to effectively serge
the vast variety of needs, the City operates an internal `phone company" which
manages all the equipment and services, aggregates purchasing to insure the best
volume pricing and plans for needed upgrades to ensure quality service for both
citizens and City departments By operating this internal phone company" instead of
purchasing all phone service directly from service providers the City reduces service
costs by approximately 20% and reduces operations costs by approximately o
Additionally, the investment in and operation of a Private Branch Exchange (PBX)
telephone switch results in cost avoidance of approximately $600,,000 per year in
comparison to a telephone company provided Centrex solution In order to maintain
this cost advantage, periodic replacement and upgrade of equipment is necessary
Our internal "phone company", the Telecommunications Division of comIT, provides
telephone services supporting approximately 3,500 Municipal center campus users and
oo users at Social Services, as well as 70 City remote sites with over 2, oo users The
division provides the vast majority of its services to City agencies and users However it
also serves School Administration offices located on the Municipal Center campus but
does not provide services to other school sites
The requested funding will address the following needs
Upgrade of the existing PBX phone switches at the Municipal Center and
Social Services This upgrade will primarily alloy the two phone switches to
back each other up Should one switch fail, the other would be able to
quickly switch over and handle phone service thereby ensuring our citizens'
access to the City by telephone is maintained The upgrades will also add
caller ID services and increased capacity to support future growth
Upgrade of the Automatic Call Distribution System (ACD), which is at full
capacity We are currently unable to add users and functionality for
administration, thus limiting the service capabilities of the City's high volume
telephone -based call center service activities These centers handle large
volumes of citizen calls for service
Upgrade of 15 remote saes with connection back to the !Municipal center
These are the oldest saes out of the 41 remote saes with significant
telephone equipment The remaining 26 sites will be upgraded in future
years
Upgrade of the current Voice Mail system purchased in 1992, which is at
capacity We are currently unable to add any new users to the voicemail
system This upgrade will increase our capacity by more than 0%,
ensuring our ability to support future growth and enabling us to move
current voice mail users relying on telephone company provided voice mail
to the City -owned system Once fully implemented, this will reduce the
City's expenditures for telephone company provided voice mail by an
estimated $57 000 per year
Replacement of approximately 1,200 of the oldest Municipal center phones,
which are in excess of 10 years old This is approximately one-third of the
Municipal center phones The remaining two-thirds will be replaced in
futu re yea rs
■ Considerations
The Telecommunications Division has identified services and equipment necessary to
provide the required upgrades and support From preliminary proposals, it is estimated
that the total cost in FY2002-03 will be approximately $1,240,000 The Information
Technology Internal Service Fund retained earnings will be used to fund the projects
listed above The Information Technology Internal service Fund retained earnings has
available funding to support this request with no impact on the General Fund
■ Pudic Information
Public Information would be handled through the normal Council Agenda public
information process
■ Alternatives
An alternative is to continue to operate at the current level, utilizing the current
telephone equipment Without the proposed solution,, service deliverer to citizens by City
agencies will be negatively impacted due to equipment failures, lack of additional voice
mailboxes, and other equipment concerns Delaying planned upgrades will most likely
increase the ultimate cast
■ Recommendations
It is recommended mended that City Council authorize 1,,240,000 from the Information
Technology Internal Service Fund to the Department of Communications and
Information Technology
■ Attachments
Ordinance
Recommended ommended Action Approval of ordnance
Submitting Department/Agency Communication and Information Technology
City Manager r V V V11
1 AN ORDINANCE
To AUTHORIZE THE EXPENDITURE URE F
2 $1,240r000
FROM RETAINED EARNINGS IN
THE
3 INFORMATION
TECHNOLOGY INTERNAL SERVICE
FUND
FOR THE PURPOSE of PURCHASING EQUIPMENT
AND
SERVICES TO
UPGRADE THE TELECOMMUNICATION
SYSTEM
7
WHEREAS, existing
capacity to expand essential
City telephone
10 services is limited, and upgraded equipment and services for the
11 City's telecommunication system are required, and
12 WHEREAS, E unding for these improvements is available in the
13 Information Technology Internal Service Fund
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH,VIRGINIA/
16 That the expenditure of $1,240,,000 by the Department of
17 Communication and Information Technology from the retained earnings
18 in the Info -.n {Technology Internal Service Fund is hereby
19 authorized for the purpose of purchasing equipment and services to
20 upgrade the City's telecommunication system
21
22
Adopted
by the
Council of the City of Virginia Beach,
23
Virginia, on
the
of , 2003
CA -8714
O rdin Noncode telecomord wpd
R-2 - January 28, 2003
APPROVED AS To ONTENT
Management Services
APPROVED AS TO LEGAL SUFFICIENCY
aw Departm t
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Establishment of the Virginia Beach Performing Arts Theatre Advisory Committee
MEETING DATE February 4 2003
■ Background The process to replace the Pavilion Theatre began in 2001 W11th the
decision by city council to demolish the existing theatre with the construction of the new
convention center The city retained Theatre Projects consultants to assess the cultural needs
of the community and to determine the scope of the theatre project The public involvement
process included two evening public dialogues, web site surveys a programming schedule
charette" with arts groups, and interviews with over 75 arts groups and community leaders, all
designed to gather views and critical information for a series of subsequent reports from the
consulting team The Needs Assessment Report recommended that a 1000 -1200 -seat
multipurpose theatre be built to fill the significant local and regional gap in that size of theatre and
maximize rental days gross revenues for the local arts groups and programming possibilities The
consultants stated that a 120 -seat theatre meets the present and future needs of the local and
touring groups promotes the development of the arts in Virginia Beach, and provides the greatest
potential impact to Tern center
Council initially discussed a project of $20M for the FY02 Capital Improvement Project Budget and
in a letter from Mayor Oberndorf and Vice Mayor sessoms dated February 27, 2001, the Mayor and
Vice -Mayor suggested that 0M is not envisioned to cover the total public cost of a new theatre,
and that a new theatre "can easily cost between $1 5M to $45M " eity council passed a resolution
endorsing the Town center as the site for the Theatre due to the site's central location, good
regional access, proximity to retail and restaurants and desirable mixed land use development
potential, and in May 2002 council appropriated a total of ! in public capital funding for the
construction of the theatre city Council also tasked the Advisory Committee to explore additional
funding through private sources to reach the requisite $50M total budget
During spring 200 2, the city awarded the design contract to Skidmore, Owings & Merrill, of
Chicago, IL, and on November 5, 2002, city council received the findings of the Virginia Beach
Foundations fund-raising feasibility study by The Kellogg Organization, Inc, that outlined one
strategy to close the gap in capital funding The Kellogg Organization concluded that a successful
fund-raising campaign, combined with user fees and the $35M of city funds previously committed
in the CIP budget, will provide the capital funds necessary for the construction of the $50M, 1200 -
seat facility
■ Considerations The studies indicate that a broad-base advisory committee should
be appointed by council to spearhead the process of replacing the Pavilion Theatre with a 1200 -
seat theatre at Town center with a total budget of 0M This Committee will consist of civic and
business leaders and their work will be facilitated through three subcommittees including facility
design, community advisory, and public awareness This Committee will provide quarterly reports
to city council on the Committees observations, and will work with council liaisons to review
project details
0 Public Information Public information and notification will be handled through the
Council agenda notification process Meetings have been held with all the applicable City
departments Additional information on the Performing Arts Theatre project is available on the
City's website www VBaov com/theatre
N Alternatives Do not establish the committee, or change the resolution for a different
format of committee
■ Recommendations Approval of the attached resolution to establish the Virginia
Beach Performing Arts Theatre Advisor r Com rnittee, to assist with the development of the Virginia
Beach Performing Arts Theatre under the format approved in the 2002-03 CIP by City Council,
minimizing downtime between the razing of the Pavilion Theatre and the completion of the new
facility
0 Affachments Resolution
Recommended Action Approval e AWL L Oluck
Submitting Department/Agency Department of Museums and Cultural Arts
City Manager r� ` 6 ptez,
1 A RESOLUTION ESTABLISHING THE
2 VIRGINIA BEACH PERFORMING ARTS
THEATRE ADVISORY COMMITTEE AND
PROVIDING FOR ITS MEMBERSHIP, DUTIES
AND DISSOLUTION
WHEREAS, in the process of constructing a new Convention
Center, it has become necessary to replace the existing Pavilion
Theatre,
WHEREAS, the City engaged a consultant, Theatre Prc3ect
10 Consultants, to assess the community's cultural needs and the
11 requirements for a new theatre, and
12 WHEREAS, the Town Center has been identified as the site
13 for the performing arts theatre, and a steering committee is
14 required to give further input on the des-ign, construction and
15 financing of the new theatre
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
17 CE VIRGINIA BEACH, VIRGINIA
18 1 There is hereby established the Virginia Beach
19 Performing Parts Theatre Advisory Committee ( •`Coa-tte"
20 2 The Committee shall consist of a broad-based group
21 of up to thirty persons appointed by the Ci-ty Council,
22 including persons representing the interests of civic, business,
23 cultural and performing arts organizations
24 3 The purpose of the Committee shall be to serve as
25 mechanism of engaging and involving Local civic, business, cultural
26 and performing arts organs a ions in the planning, desa-gn, and
27 funding options for the proposed performing arts theatre
28 4 The charge of the Committee shall be to assist with
29 the development of a theatre of approximately 1,200 seats at Town
30 Center, with a City investment of $35 million, including land and
31 parking, within the general parameters outlined in the 002-2003
32 Capital Budget, CIP # 3--283, "Pavalaon Theatre Replacement
nt
3 Pro3ect "
34 5 The Committee's duties shall consist of meeting as
35 necessary, conferring with City staff and consultants to review and
36 comment on each phase of the proposed performing arts theatre, and
37 preparing quarterly reports to the City Council on the statins of
38 the prop ect and the Committee's observations
39 6 The Committee shall have its first meeting within 21
40 days of City Council's appointment of members and shall elect a
41 chair and vice chair at this initial meeting, the chair shall lead
42 Committee meetings and present reports to the City Council
43 7 The Department of Museums and Cultural Arts shall
44 provide staffing to the Committee
45 8 The Committee shall be temporary in mature, and
46 shall stand dissolved without further action by the City Council
47 after the theatre is completed and put into service
2
47 Adopted by the Council of the City of Virginia Beach,
48 Virginia, on the day of , 2003
.-8709
CDINNCNCDatstheterFes wd
F -
January 17, 2003
APPROVED AS TO CONTENT
Chief Financial Officer
APPROVED AS TO LErAT•
SUFFTCIENCY�
epartment o aw
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Deer blunting — Special Muzleloading Season
MEETING DATE February 4,2003
■ Background Regulations pertaining to the hunting of deer in Virginia Beach are promulgated
by the Virginia Board of Game and Inland Fisheries and administered by their Department The
deer hunting season in Virginia Beach currently consists of a regular season (October 1 through
November 30) and Early Special Mualeloading season between the first Monday in November
through the Saturday pnor to the third Monday in November During the Early Special
MuzzEeloading season deer may be hunted with mualsloading guns The Board also provides
ivr a Late Special Muzzlefoading season beginning on the third Monday in December and ending
on the first Saturday in January This season is allowed in specified localities east and west of
the Blue Ridge Mountains Virginia Beach is not among those locales in which this season is
allowed The Board however will consider amending its regulations to include Virginia Beach if
the City Council adopts a resolution requesting the Board to so da
Considerations This will not result in a Unew` regulation simply an amendment to existing
regulations allowing deer hunters in Virginia Beach to participate in the Late special
Muzzleloading season as do their counterparts in Chesapeake
At the request of the Department of Game and Inland Fisheries the attached resolution also
supports an alternative approach which would simply extend the regular deer hunting season
through the first Saturday of January This would satisfy the same request as the Late
Muzzleioading season amendment but would have the additional benefit of closing a two week
"gap which currently exists in the local hunting season regulations
There will be no organizational or budgetary impacts to the City
Public Information The request was brought forward by individuals representing deer
hunting enthusiasts in Virginia Beach The request has been considered and endorsed by the
Agricultural Advisory Commission at its meeting on January 13 2003
Coordination has also occurred between City staff and responsibilities of the Virginia Department
of Game and Inland Fisheries The Agency will invite public comment this Spring
Aft rn bves Not support the Resolution Deer hunting regulation in Virginia Beach will
remain unchanged
■ Recommendabons Adopt the attached Resolution
E AttachmentS AttachmentResolution
n
Recommended Action Approval
Submrtting DepaentlAgency Agriculture Department
City Manager V , 4Yk
1 A RESOLUTION REQUESTING THE VIRGINIA
BOARD of GAME AND INLAND FISHERIES TO
3 AUTHORIZE THE CITY of VIRGINIA BEACH To
PARTICIPATE IN THE LATE SPECIAL
MUZZLELOADING SEASON FOR THE HUNTING of
DEER OR To EXTEND THE REGULAR DEER
HUNTING SEASON IN THE CII'
8
WHEREAS, as provided by the regulations of the Virginia
10 Board of Gane and Inland Fisheries, the regular hunting season in
lI the City of Virginias Beach is October I through November 30 of
12 each year, and
13 WHEREAS, the said regulations also provide for an early
14 special muz leloa ing season in the city of Virginia Beach from the
15 first Monday in November through the Saturday prior to the third
16 Monday in November, dura -ng which ti -me deer may be hunted with
17 muzzleloadig guns, and
18 WHEREAS, the said regulations also provide for a late
19 special muzleloading season for the hunting of deer in the area
20 west of the Blue Ridge Mountains and in certain cities and counties
1 east of the Blue Ridge, beginning on the third Monday in December
22 and ending on the first Saturday in January of each year, and
23 WHEREAS, the City of Virginia Beach is not among those
4 localities in which the late special muz l.eloadi g season is
25 authorized, and
26 WHEREAS, the City Council desires to be included among
27 the localities in which the aforesaid late special muzzleloadrng
28 season is authorized,
29 NOW, THEREFORE, BE IT RESOLVED ED BY THE COUNCIL of THE CITY
o OF VIRGINIA BEACH, VIRGINIA
1 That the City Council hereby requests the Board of Gare
32 and Inland Fisheries to authorize the City of Virginia Beach t
33 part-icipate in the late special muzzleloading season for the
4 hunt-ing of deer with mu zleloading guns during the period beginning
5 on the third Monday in December and ending on the first Saturday in
36 January of each year, both dates inclusive
87 BE IT FURTHER RESOLVED BY THE COUNCIL of THE CITY OF
8 VIRGINIA BEACH, VIRGINIA
39 That, alternatively, the City Council hereby requests the
40 Board of Game and Inland Fisheries to extend the regular deer
41 hunting season in the City of Virginia Beach through the first
42 Saturday in January of each year, inclusive
43 BE IT FURTHER RESOLVED BY THE COUNCIL of THE CITY OF
44 VIRGINIA BEACH, VIRGINIA
45 That the City Clerk shall forward a copy of this
46 Resolution to Mr R W Duncan, Chief of the Wildlife Division,
47 Department of Game and Inland Fisheries, 4010 nest Broad Street,
48 Richmond, Virginia 23230, for presentation to the Board
49
COMMENT
50 Pursuant to the regulations of the Board of Game and Inland Fishenes, the deer
1 hunting season m Virginia Beach currently consists of a regular season (October 1 through November
52 30), and an early special muzzleloading season between the first Monday m November through the
3 Saturday prior to the third Monday in November During the early special muzzleloading season, deer
4 ma be hunted with mu leloading guns (defined below) While the Board also provides for a late
55 special muzleloa ing season beginning on the third Monday to December and ending on the first
56 Saturday in January, Virguua Beach is not among those localities in which the late special
57 M eloading season is allowed The Board, however, will consider aniendaig its regulations to
58 include Virgima Beach if the City Council adopts a resolution requesting the Board to so do
9 The Resolution alternatively requests the Board to extend the regular deer hunting
0 season in Virgima Beach through the first Saturday in January in each year
1 A muzzleloading gun is defined in the Board's regulations as "a single shot flintlock or
62 percussion weapon, excluding muzzleloading pistols, 45 caliber or larger, firing a single projedde or
3 swot (with a 38 caliber or larger projectile) of the same caliber loaded from the muzzle of the weapon
4 and propelled by at bast 50 grams of black powder or black powder equivalent "
65 The Virginia Beach Agricultural Advisory Commission considered the mater at its meeting
66 of January 13, 2003 and requested the City Council to adopt the proposed resolution asking the Board
67 to allow the late special muzzleloading season in Virginia Beach
68 Adopted by the Council of the City of Virginia Beach, Virginia
9 on the day of , 2003
C-871.9
wmm ordre muzz1e1oadi gr d
January 15, 2003
-1
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
/I ) d" �),! /Y� , - y
City Attorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM A Resolution Receiving the Deport of the Virginia Beach Transition Area
Technical Advisory Committee and Thanking the Committee and the
Members of the Public Who Attended the Committee's Meetings
MEETING [SATE February 4, 2003
■Background On August 27, 200 2, the City Council established by resolution the
Virginia Beach Transition Area Technical Advisory Committee (the "Committee 91 ,
which was charged with the responsibility of recommending to the Planning
Commission technical means of clarifying the porton of the Comprehensive Plan
concerning the Transition Area, consistent with the vision for the Transition Area as
expressed by City Council during its August 20th workshop on the subject
The Committee held 11 workshops sessions, all of which were open to the public,
during September, October and November At each workshop, members of the
public were given the opportunity to state their views on matters before the
Committee The Committee's report, dated January 3. 2003, has been presented
to both the City Council and Planning Commission, and the public was given the
opportunity to be heard on the report on January 2 (before the Planning
Commission) and on January 2 (before the City Council)
■ Considerations The proposed Resolution indicates the City Council's receipt of
the Transition Area Committee's report, and expresses the City Council's
appreciation for the Committee's work and gratitude to the members of the
Committee and members of the pubic who attended the Corrmittee"s meetings
■ Public Information The Transition Area Committee's work has been a very public
process since its inception As previously stated, all 11 workshop sessions of the
Committee were open to the public, and were well-publicized The Planning
Commission held a public comment session on January 2T, and the City Council
received public comment on the report and recommendations on January 2
■ Recommendations Adoption of resolution
0 Attachments
Recommended Action Approval
Submitting Department/Agency Planning Department
City Manager QI"%Ps I z, r
1 A RESOLUTION RECEIVING THE REPORT of
2 THE VIRGINIA BEACH TRANSITION AREA
TECHNICAL ADVISORY COMMITTEE AND
THANKING THE COMMITTEE AND THE
S MEMBERS of THE PUBLIC WHO ATTENDED
THE COMMITTEE'S MEETINGS
7 WHEREAS, on August 27, 2002, City Council established by
resolution the Virginia Beach Transition Area Technical Advisory
Committee ( the "'Committee"), and
10 WHEREAS, the Committee was charged with the
11 responsibility of recommending to the Planning Commission technical
12 means of clarifying the portion of the Comprehensive Plan
13 concerning the Transition Area consistent with the vision for the
14 Transition Area as expressed by City Council during its August 201h
15 workshop, and
16 WHEREAS, the Committee conducted eleven 11) public
17 workshops in September, October and November, during which
18 workshops the members of the Committee diligently performed their
19 duties, and
20 WHEREAS, at each of the eleven (11) workshops, members of
21 the public were given an opportunity to express their views to the
22 Committee, and
23 WHEREAS, the Committee found the public comments
24 expressed at the workshops to be invaluable j -n formulating its
25 report and recommendations, and
26 WHEREAS, both the Planning Commission and the City
27 Council has thoroughly reviewed and been briefed on the Committee's
8 report, and public comment on the report was received by the
&: Planning Commission on January 27th and by the City Council on
30 January 28th,
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
32 CITY OF VIRGINIA BEACH, VIRGINIA
33 That the report of the Committee is hereby received by
34 the City Council
35 BE IT FURTHER RESOLVED BY TIME CITY COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA
37 That the City Council hereby expresses its appreciation
38 for the work of the Committee and extends its sincerest gratitude
39 to the members of the Committee and to each and every member of the
40 public who attended the meetings of the Committee
1 Adopted by the City Council of the City of Virga-ia
2 Beach, Virginia, on the day of 2003
-8732
mmordre TATACre p
R-2
January 29, 2003
APPRCvED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
t
Plan n epartment Law Department
PLANNING
DEFERRED TO 2/4/03, BY CONSENT, Applications ofHARBOURDEVELOPMEENT
CORPORATION, L L C at Forth Landing and west Deck Roads, containing 65 1 acres,
subject to (DISTRICT 7 - PRINCESS ANNE)
a ChgBge of Zonigg Distrza Cla sification from AG -1 and AG -2 Agricultural t
Conditional R-30 Residential re smglexl r lots no less than 30,000 sq ft
b Conditzonal Use Permit mi re Open Space
C Variance l re certain elements of the Subdivision Ordinance, Sect -ion 4 4(b),
that requn-es all newly created lots meet the requirements of the City Zoning
Ordnance C and reduce required street width
Deferred Jul , August 13, October 8, 2002,
January 14, 2003
Flmmg Recommendation Rs DEFII I DEFERRAL
ZONING HISTORY
Conditional Use Permit re chool1da rcare — Granted 7 3-01
Condibonal Use Permit (church/daycare) — Granted 9 -9
Change of Zoning AG -1 Agricultural District to PD -H1 District) — Granted 5-11-9
Change of Zoning (AG -2 Agricultural District to PD H1 District) — Granted 5 11-9
Change of Zoning AG -1 Agricultural Distnct to P 1 Preservation District) — Granted 5 11 99
Change of Zoning (AG -2 Agricultural District to P 1 Preservation District) — Granted 5 11 99
Gonditiona I Case Permit comrnu:ns ations tower) — Granted 10-13 8
Conditional Use Permit (communications tower) — Granted 7-3-89
Cha
- -
Cha age of Zoning AG 1 Agricultural Distnct — Denied 8-27-86
4 Amendment to the Oland Use Plan — Granted 9-22-93
Change of Zoning AG 1 & AG 2 AgncufturaI District to PD H1 District} — Granted 8 27 8
Change of Zoning (PDH PDI -1 District) — Granted 1 11 -82
Conditional Use Permit (home occupation) — Granted 5 14-91
�%6
CITY OF VBEACH
AGENDA ITEM
ITEM Harbour Development Corporation, L L C
Change of Zoning District Classification
Conditional Use Permit (Open Space Promotion)
Subdivision Variance
MEETING DATE January i4, 2003
0 Background
CHANGE of ZONING An Ordinance upon Application of Harbour Development
Corporation, L L C , a Virginia limited liability company, for a Change of Zoning
District Classification from AG -1 and AG -2 Agricultural Districts to Conditional R-
30 Residential Ditnt on certain property located on the south side of N Landing
Road, d, west of Nest Neck Roach (GPIN #1493-58-7581) The proposed zoning to
Conditional R-30 is for single-family land use on lots no less than 30,000 square
feet The Comprehensive Plan recommends use of this parcel for appropnate
growth opportunities, consistent with the economic vitality policies of Virginia
Beach Said property contains 65 1 acres DISTRICT 7 - PRINCESS ALINE
OPEN SPACE PROMOTION An Ordinance upon Application of Harbour
Development Corporation, L L C , a Virginia limited liability company, for a
Conditional Use Permit for an Open Space Promotion on certain property located
on the south side of N Landing Road, west of West Neck Road (GPIN #1493-58-
7581) Said property contains 65 1 acres DISTRICT 7 -PRINCESS ANNE
SUBDIVISION ISION VA IANCE Appeal to Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordinance, Subdivision for Harbour
Development Corporation Property is located on the south side of N Landing
Road, west of West Neck Road (GPIN #1493-58-7581) Said property contains
65 1 acres DISTRICT 7 - PRINCESS ANNE
These requests were deferred by the City Council onJuly g, 2002 to August 13#
to provide the City Council with time to discuss the Comprehensive Plan's
recommendations regarding the Transition Area On August 13, these requests
were deferred to the October 8 City Council meeting in anticipation of
Transxtion Area study being conducted The requests were deferred again on
October 8 to January 14, 2003, in order to allow the Transition Area Technical
Advisory Committee time to complete the work given to them by the City Council
On December 30, 2002, the applicant submitted a revised plan and proffers for
this development The applicant submitted the reprised plan and proffers in order
to bring the plan into closer consistency with ghat the applicant perceives the
Harbour Development
Page 2 of
recommendations of the Transition Area Technical Advisory Committee (TATAC)
will be
Considerations
The applicant is requesting a Change of Zoning district classification from AG -1
and AG -2 to Conditional R-30, a Conditional Use Permit for an Open Space
Promotion, and a Subdivision Variance to reduce the required street width
The applicant's revised plan proposes to develop a 65 1 acre site into 65
residential lots resulting in an overall density of 1 dwelling unit per acre The
request consists of a Conditional Use Permit for R-30 open Space Promotion
that allows the square footage of the home sites to be a minimum of 18,000
square feet, afthough the actual size of the proposed lots ranges between 18,057
and 24,820 square feet This allows a greater percentage of the parcel to remain
in 96open space" for park space (passive recreation ,n this case) and scenic vistas
with the goal of creating openness wirthxn the development as one travels through
it Approximately 32 acres of land o percent of the total area) will be dedicated
to passive recreational open space The minimum open space requirement of the
R-30 open space promotion option is 15 percent
During the past reviews of this stern by the Crty Council, Staff provided an
assessment of this proposal's consistency with the "Tr nsthon Area Matrix
which was developed at the request of the City council as a set of criteria for
assessing a development's consistency with the Comprehensive Plan's polices
for the Transition Area The Matnx was used to calculate the potential densrty of
development proposal in the transition area This development consistently
scored high on the Matrix, with a density allowing 64 lots
The current plan, however, has not been assessed against the Matrix, as a
revised Matrix is currently in draft form as part of the work of the TATAC A
cursory assessment of the plan against the daft Matrix reveals that the plan
would probably score high Agan, however, the Matrix is in draft form and has
not been adopted as policy by the Planning Commission or city Council
The proffers have also been revised to be consistent with the open space
acreage numbers and other provisions of the revised plan The proffers also
include an increase the amount of money contributed to the City per lot for the
purpose of acquiring land for open space purposes consistent with the Outdoors
Play The amount has increased from $750 to $1000
The Planning Commission placed this stern on the consent agenda because the
plan creates a high quality neighborhood that has been designed to preserve a
large amount of open space, staff recommended approval and there was no
opposition to the request
Recommendations
In order to adhere to the process contemplated by City Council when the TATAC
was established, the following schedule should be followed
Harbour Development
Page 3 of
1 This application should be deferred to the February 4, 2003 Council
meeting
2 The Planning Commission, to whom the report of the TATAC is to be
made., has received a draft copy of the report and will receive the final
report on Monday, January 13, as well as a briefing from the staff
3 The Planning Commission will hold a public hearing on the plan on
Monday, January 27, at which the public should be given a chance to
comment on it The Planning Commission should thea forward any
comments it may have to the City Council
The City Council will accept the plan from the TATAC including any
comments from the Planning Commission, if any, on January 28
Following these steps, the city Council, beginning on February 4, should
he ready to consider pending, previously deferred rezoning applications,
including this one, in the Transition Area
deferral of this item to February 4, 2003 is, therefore, recommended
Attachments
Revised l n
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting DepartmentlAgency Planning Departmen
City Manager Of
Harbour Development
Page 4 of
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ent
Page 5 of
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Harbour Development
Page 6 of
LOT AREA TABLE
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1
Harbour Development Corp
Change of Zoning District Classification from AG -1 and ACS -2
Agricultural Districts to Conditional R-30 Residential District,
Conditional Use Permit for an Open Space Promotion,
Appeal to Decisions of Adrmmstrative Officers in regard to certain
Elements of the Subdivision Ordinance
South side of ISI Landing Road west of west Deck Road
District
Princess Anne
June 12, 2002
CONSENT AGENDA
Dorothy wood we'll go to Items 27, 28 & 29 Number 27 is a Change of Zoning
District Classification from A-1 and AG -2 to Conditional F -o Residential number 2,
is a Conditional Use Pem t for Open Space Promotion and number 29, is an Appeal to
Decisions of Adnnimstrative Officers m regard to certain elements of the subdivision
Ordinance This is for Harbour Development Corporation The property is located on the
north -- excuse me, on the south side of IST Landincr Road, west of Nest heck Toad in the
Pnn ess Anne District and there are three conditions Mr Bourdon`
Eddie Bourdon Thank you Mrs Wood Again, for the record, my name is Eddie
Bourdon representing the applicants Mr Kensler Mr Sadler, who are here today All the
conditions -- the three conditions are all acceptable on behalf of my cheats, we want to
bnefly thank Carolyn Snuth Stephen white and the planning staff for all they work on
this application My clients have worked very closely with therm and I think, as you said
t the informal session this morning this a first rate plan It's an excellent plan not like
anythang else that's been done in the City And we appreciate you reeorning that by
putting it on the Consent agenda
Dorothy wood Thank you lir Bourdon
John Baum I wanted to ask a question There s another panel in between that and the
Vo Tedi School Is that right's Do you know who owns that's
Eddie Bourdon There's a — John I have an aerial of that if that would be of any use t
you
John Baum Yes
Robert Miller John, there it is
John Baum well
Eddie Bourdon Oh, there we go we got it here to one that's been timbereV
John Baum Yes
Eddie Bourdon I just asked my clients I do not know who owns that panel that's been
timbered that s between us and at Vo Tech
Item #7, 28 & 29
Harbour Development Corp
Page 2
John Baum You know, you dove by frequently you see something happen and one
reason why I wanted to bang that up, our crazy government -- wetlands definition --
Wetlands by their definition There's nothing wrong with developing it in nay opinion,
but it s been so erratic that I lust wish people would notice some of these go up some go
down who knows who approves9 The reporters have no interest in Freedom of
Information Act I love to read the language when they approve these and when they
disapprove, so that's not your client's fault
ddhe Bourdon I do know Mr Baum and from my personal experience, you have forest
piece of property in this area and you timber it without taking the Proper precautions
and having dehneation tocro first, it all becomes wetlands once you timber it
John Baum. Right well, if it delineated before the tree's cut it's not wetlands
du Bourdon What's correct
John Baum In last October, they become no longer wetlands and you could do anything
you want to and soon as you work it, it looks greasy and wet and everything else, but,
that's government reasoning
Eddie Bourdon You're absolutely correct
Ronald Ripley Mr Scott So much time and effort has been spend developing
additional guidelines, addhtional approaches to properties in the Transition Area that are
up for development This property seems to — it seems to meet the critena and I think,
from nay opinion that the developer and the staff have done an excellent lob in putting
this together would you like to comment on this because this is a little more sensitive
area then we typically deal with here
Robert Scott I would I appreciate the opportumty I can't think of an area that's been
more difficult for us to deal with than in the policy areas related to the developing of the
Transition Area over the last nine months or so In fact, some people would say longer
than that But recently, we've developed with the Planning Conumssion's help, a matrix
for evaluating these applications and eve' ve consistently applied thein to applications that
have come in over the last several months now In this ease, first of all let Mme say that
the matrix takes into account a number of different factors It takes into account the
design of the subdivision It takes into account the appearance from the street Takes
into account protection of natural resources It takes into account the design and the
layout and the relationship of open space to the development In all of Chose cases two
things can be said First of all, I do affirmatively believe that Council is comfortable with
the direction we are heading from a policy point of view on every one of triose issues
They expressed that through their words and through their actions And also, I can say
that the application here rate very high no every one of those points It does not rate
particularly high on the issue of lot sizes and the way lot saes are employed throughout
the subdivision but I can in good faith say I have the same degree of comfort about
Council s vier on that point Council has not express to us as they have with those other
Item #27, 2
Harbour Development Corp
Page 3
points a level of comfort with our approach to lot sizes And I thunk the fact is something
that we need to work on further and we are working on further And we hope that we can
bring to a truthful conclusion with all the parties involved The difficulty that our staff in
thas is askung the developer to amend his plans to accommodate a policy we're not sure
Council is comfortable with I would really have a difficulty with that So, I think it just
needs to be noted that where as the matrix one when applied as drafted — I think 62 lots
on its property we are recommending the 66 because the short conngs is in an area of
doubt that we have about how solid everybody is on the polices related to lot size in that
area we felt that it was probably inappropnte to hold an applicant responsible for
building or complying with the condition that evidentially lacks a level of confidence
And I just think that needs to be noted so that everybody knows where were coning
from I do have a great deal of faith generally in the approach of applying thus matrix I
think it does some good I thunk it provides clarity I thunk it provides some points that
people can see and understand and relate to easily And I think it s something that we
would hke to continue to do By enlarge this application has matched up very well
against it and my write up reflects that But I did want to make sure that the Planning
Con-irmsion knows about that cue point and why we differed on that one point regarding
the matnx and what our reason beland that was If you feel that our reasoning is not
sound and that we should have gorse in a different direction, well you have the facts here
at your disposal to do that But I felt it was encumbered upon us to explain why we did
what we did with the matrix and as it relates to this application I appreciate the chance
to explain that
Ronald Ripley Thank you Dot's
Eddie Bourdon i gust want to add one thing I forgot to add My clients also met with the
group out there on N Landing Road, one of the primary members Ding another former
Cirri Dick Cockrell we've met with all the folks who live out in Haat area I
wanted to let the Conurussion know that as well
Dorothy wood Thank you Mr Bourdon Again number 27 28 & 29 is Harbour
Development Corporation A Change of Zoning District Classification from AG- I and
AG -2 to R -o, number 2, it's a Conditional Use Permit for Open Space Promotion
number 2.9, it's an Appeal to Decisions of Admu istrative Officers in regard to certain
elements of the Subdivision Ordinance This property is located on the south side of I
Landing road, gest of west Deck Road Are there any objections to items 27, 28 & 299
If not, I would move to approve number 27, 28 & 29 with three conditions
Ronald Ripley So we have a matron Do we have a second)
Eugene Crabtree I'll second it
Ronald Ripley Motion by Dot wood, seconded by Eugene Crabtree We're ready to
vote
AYE 10 NAY 0 ABS 0 ABSENT 1
ATKINSO AYE
Item #2, & 2
Harbour Development Corp
Page
BAUM
AYE
CRABT E
AYE
DINT
AYE
ORSLEY
NULLER
AYE
ILEY
AYE
SALINE"
AYE
S'T'RANGE
AYE
V I OS
AYE
WOOD
AYE
Ronald Ripley By a vote of 10-0, the motion passes
ABSENT
HARBOUR DEVELOPMENT
CORPORATION, L.L.C. / # 27, 28 & 29
EV4100VACI I ok ur M lovalls PLMA64 June 12, 2002
General Information:
REQUEST 2 Chan a f Zonina District Classification from AG -1 and AG -2
Agricultural Districts to Conditional R-30 Residential District
28)Conditional Use Permrt for an Open Space Promotion
29)Subdivision Vanance to Section 4 1 (m) for street width
ADDRESS Property is located on the south side of N Landing Road, vest of
Hest Beck Road
4.5p W 0 SC a x e Harbour DevelopntenCorp
C4*n 1.7-s&-7581
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C ! # 275 28 & 29
Page 1
.IA
In
dw
Wh
GPIN #1493-58-758f
ELECTION
DISTRICT 7 —PRINCESS ANNE
SITE SIZE 65 1 acres
STAFF
PLANNER Carolyn A K Smith
PURPOSE To subdivide and construct 65 single-family dwellings on the 65
acre parcel while providing approximately 25 acres of open space
Major Issues:
Degree to which the proposal is consistent with Comprehensive Plan's and
City Council's plans and policies for the Transition Area
Compatibility with the surrounding, existing uses
0 Impact on Crty's infrastructure - roads, utilities, schools
Land Use, Zoning, and
Site Characteristics:
Existina Land Use and Zonim
The property is currently vacant, but has
been under cultivation in the past The 65
acre parcel is currently zoned both AG -1
and AG -2 Agricultural Districts
,Surrounding Land Use and Zon+n
North 0 Single family dwellings AG -2 Agncultural Distnct
South • Wooded, proposed single family / P -Fll Planned
Unit Development District
East 9 hooded AG -1 Agricuural District
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATIO , L L C # 29 2
Page
West Single family, proposed single family AG -1 & AG -
2 Agricultural Districts, PD -HI Planned Unit
Development District
Zoning and Land Use Statistics
With Existing Under the existing agricultural zoning, the 65 acre
Zoning parcel could potentially be developed into four (4)
single family Sots or could continue to support uses
allowed by right under the agricultural district
With The proposal allows up to 65 units on the 65 acre
Proposed parcel The -30 Open Space Promotion option allows
Zoning for a reduction in the minimum lot size from 30,000
square feet to 18,,000 square feet The lot sizes range
from 20,000 square feet to 25,000 square feet
Zoning History
On a large parcel to the south and southwest, Crty Council granted a Change of Zoning
from AG -1 and G-2 Agricultural Districts to PD -H2 Planned Unrt Development District
and P-1 Preservation Drstnct in 1999 for a small lot (5,000 square feet) age -restricted
community Further to the west, in 1982, City Council also approved a request to
rezone agricultural property for single-family development Modifications to this original
request were later granted and the development is known today as "Courthouse
Estates "
Aar installation Comoatible Use Zone (AICUZ)
The site is in an AlCUZ area of less than 65 dB Ldn surrounding NAS Oceana The
proposed use is compatible with this A1CUZ district
Natural Resource and Physical Characteristics
This property is within the Southern Watersheds Management Area Solis consist of
predominately Acredale with areas of Tomatley along the northern portion of the
property The southeast comer of the site, approximately 7 5 acres, exists as woods
There are several exrstmg wooded hedgerows on the property as the site has been
segmented into numerous farm fields The majority of the site had been under
cultivation in the past and, as such, this proposal will remove approximately 60 acres of
farmland from the City's inventory of agricultural property
Planning Commission Agenda
June 1, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C I # 279 28 & 29
Page 3
Public Facilities and Services
Water and Sewer
Water There is a sixteen (16) inch water main in North Landing Road that
fronts the northern property line This subdivision must connect to
City water Plans and bonds for construction of the water system
will be required
Sewer There is a sixteen (16) inch sanitary sewer force main and a four
(4) inch force main in North Landing Road that fronts the northern
property line This subdivision must connect to City sewer Plans
and bonds will be required for construction of the sewer system
Transl2ortation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
This project is not impacted by any proposal found within the Master Transportation
Plan This development is included, however, in the C[P -039 service area and
presently,, construction of two 2 pump stations and associated severer lines in the
North Landing Road right-of-way are underwear
Traffic Calculations
Street Name
Present
PresenU
Generated Traffic
Volume
Capacity
Existing Lara Use -- AST
North Landing Rad
ADT'
ADT'
Proposed Lauf Use 3 -- 650 AST
A gage DahlTaps
s defined by the existing AG 1 & AG -2 zoning with 4 houses all wed by nght
as defined by R-30 zoning with 65 dwelling units
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C , 28 & 2
Page
•
E
LW dTttk � Borth La x Ids est Neck Read Se r eves
11516 G Public utlll�les ousiness Area Crap P lc al Environment
Total Budgir:t Qna Rated SUBS uarrt Yrs Future
med Appropriations Year 1 Year 2 beer 3 year 4 Y r s Year o FunWng
s To Dste FY00 3 F'rr D3 FY 2004-05 FY 0CS-06 ;Y 05.0 FY 200"S Ra uir +ent
3 520 W0 3 330 OOQ 190
This protect prmdeir tower serwoe to the residential ptoperbessimp parborie of Moilh Landng Rood and #NwA Baud by
constructonr sewn a Ful swon and esocciaWd ire main 4ocrr in the lei n=w Anne #rct a Conrad
A In es the rr8n end construeconsl on'3 sppnoa a stely 4 SOD feet of 17 end 1 grsvly �f mid 3 $001st at of � foroa rra in
from 1h pump stsbori site to the intersechon cif Mst Mack Road wW Korth Landing Rasd. (b) Contract B rrrJudes to design
and a3rssucbcn at a new s1®tronfad4ty Inn Wesrt ed�c 1bad (c) o,ihac D r uche the design and coretrucbon of
aper rrnately 8.500 teat �CT and 1 rty aeor
ws 1Fm lire errsnae of r uga Eek to arse Mason Avenue
This privet is moedinmed with the vM@r �ry cl 05-082 West beck Road Vftler lrrqrsrrients
This pwct ares het been iderided by to bcal Huth Departrrtarit as a CeWgmy S heath problem- Conftucbon of to
proled is needed to pr9 z swam io replace fsihng septa sterns vWh pear repair potential and prowrent health ha rd
-nately 80 lot: vd be zftckd by ca amoctan of sewer in 1hs ww 1&mt itas profit pallubon can be expeckd to
nse m the Uwe due is an expected rrrcreaae inaarbc s)zM failuresrrs0uon of #s priest will a pCorti of this
area CquiczyinihopmP nation wd gr vmj sewer s sm will be included to mammize armce area and rnnrn=IJPe number
d pum ping foahtreo in t he ams The forim rrawn alon8 West Nock Fid 13 needed to puede an out 11c for on -gar r g and figure
devebproertk
The peed fret appiamd in the FY 1392-83 CP al an eubrnsied cast d S1 2M OM Cog aartmatm have been rvr ed i n
FY 2002433 CEP io re6ect orptaded amps d work and aWW bid prices
Burs ftw EsMrMa U M2 -os F -Y 1 FY ICY 2iff0g-07 1`Y 007-M
A'taint[ R To AyKwm
Design 0110,01 200000
Sia Aaquusm GSDD-IGM1 130 DOD
C&wlructicn MM4W02 3000000
Pi0critingenoes 010D4W02 '190 00O
4" Tatsl Budgetary Unt EffUmste
ROAD Total 11brwPmgrsrnrn d Costs 0
Total Pr%ramrasd s!:5 3 5Q0 000
Re nue Bonds 309&402
Wotw and Smw Fund A20.S9
ES Total Progir irned Finanang
Future Fu ndi rig Requ iriernerft 0
FwcaI Year 2002433 4 182 iluairty Phyrsr=i Erivironinerit
Planning Commission
June
HARBOUR DEVELOPMENT CORPORATION, L L C I # 2
Agenda
12, 2002
28 & 2
Page
Schools
School Name
current
capacity
Generation
Enrollment
North Landing
590
651
20
Elementary School
Pnncess Anne
19424
11615
11
Middle School
Kellam High School
2,200
19995
1
"generation" represents the difference between generated students under the existing zoning and
under the proposed zoning The number can be positive (additional students) or negative (fewer
students)
Public Safety
Police Adequate — It is essential that the common area be visible by
adjacent residences A review of the covenants reveals that
the height of any fencing adjacent to common areas will be
limited in terms of height and building style (no stockade) This
will help will visibility and safety It is recommended that the
street trees be spaced no closer than ten (10) feet from a light
pole to help eliminate shadows and blockage of light Shrubs
should not be planted any closer than eight (8) feet to the
proposed walking path
Fire and Adequate — no additional comments
Rescue
Comprehensive Plan
The Courthouse Sandbndge Issues and Policies section of the Comprehensive Plea
indicates that the land uses and densities must net be a continuation of either the
northern urban or the southern rural areas but a transition A transition by definition is a
change, evolution, shift, alteration or modification The Comprehensive Plan states "this
area of the City serves as a land use buffer between the clearly urbanizing area of the
north and the clearly rural area of the south Land uses and densities must not be a
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C # 27, 2
Page
YM�
continuation of erther form, but a transition from one to the other" (page 72) The Plan
recommends that residentFal development in this area adhere to the following
guidelines
Create high quality neighborhoods through careful planning of land uses,
transportation systems, landscape treatments and public improvements
(Page 72 Policy Document)
Staff Comment The goal is to create a sense of openness by
maintaining large, landscape entrance (approximately 6 acres) and
swath of open space through the arterior of the site The applicant has
proposed a neighborhood that maintains scenic vistas as erre travels
through the development and incorporates an extensive pedestrian trail
system throughout with thought to future connections as well Along with
the Irl -planned pedestrian system, park beaches and lame picnic
shelters are proposed within the open space area
Design with nature, making a special effort to preserve and showcase
significant environmental resources Carefully integrate such natural
features and use them as a basfs, where possible, to enhance and define
neighborhoods, recreation areas, open spaces, and views of special
natural areas (page 2
Staff Comment The amount of significant environmental features on this
site was limited A stand of trees exists rn the southeast corner of the site
It was essential that this single environmental feature be Incorporated into
the overall design of the subdivision in terms of the number of homes in
the wooded area, minimizing the size of the lots, particularly in this area of
the site, arra forethought on the actual location of the proposed homes
within the goads so as to minimize disturbance The desIgn establishes a
means for an expectation that adjacent parcels, should they ever develop,
respect the efforts to maintain a natural buffer of value In addition to
preserving the majonty of the gees within this stand, open areas are
proposed in strategic locations along the roadway to establish a sense of
openness as one travels through the development
Construct local roads with minimal pavement width, wide shoulders and
side swales Include a well-planned pedestrian circulation system to
connect neighborhoods, recreational areas and open spaces Minimize
through consolidation of the number of street accesses to arterial
roadways (page 73)
Planning Commission Agenda
June 12, 2002
ARBOUR DEVELOPMENT CORPORATION, L L c f # 279
Page
Staff Comment The proposed 50 foot nght-of-way that serves as the
single access to North Landing Road is a departure from the typrcal urban
interior road design of 30 feet of pavement The road width will be 24 feet
with four (4) feet of paved shoulder on ether side of the road Beyond the
pavement, adjacent to the street, streetlights and street trees are
proposed A free (5) foot verde concrete srdewalk is proposed beyond the
trees and lights that serve as a buffer between the pedestrian and
vehicular traffic A Swale is then proposed within a ten (10) foot utility and
drainage easement As discussed above, a network of trails and
sidewalks is proposed within the development with future potential
connections with adjacent properties
• Growth in this area should be viewed as a special type of development
with rts owe standards suitable to the character of the area The
development standards should be environmentally sensitive, including
narrow streets with less pavement, rural drainage techniques and
appropriate aesthetic treatments The transition area is to be seen as a
recreational mecca with residential development only if it supports the
primary purpose of advancing open space and recreafional uses
Residential uses without an open space element are not encouraged
(page 73)
Staff Comments This development proposal consists of 25 2 acres or 3
percent of the 65 1 acres as dedicated passive open space In addition,
the applicant has proffered $750 00 per lot for a total o $48,, 750 00 to be
used for the purchase of open space pursuant to the City's' Outdoors Plan
The cash proffer, combined with the amount of open space and the
"usa[ i o" of the proposed open areas, lends support to the conclusion
that this project appears to qualify as one that will advance public
accessibility to open space and recreational uses with the residential
component as minor
Development that tales place in the transition area should be fis all r
neutral Fiscally neutral means that development must both a generate
more in tax revenue than the public services cost to support it, and b be
of such a density that, when coupled with existing and potential
development in the area, a will not generate the need for substantial
infrastructure improvements As an altemative to fiscal neutrality, cash
proffers offset negative fiscal impacts can be considered In the
absence of a finding of fiscal neutral, there should be an extraordinary
public benefit to be derived from the project (page 74)
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C / # 27,128 & 2
Pada 8
staff Comment vhde the cash proffers could aid in balancing projects
that do not appear to be fiscally neutral, the proposed cash proffers in this
instance are specifically designated for the purchase of open space In
light of this, upon examination of the quality of the building materials and
the value and amenities within the open space and the character of the
surrounding development, these houses will have a value of
approximately $350.,000 to $450,000 and up In addition., access to water
and sewer is available along North Landing Road, however, plans and
bonds for construction of both the water and sewer systems will be
required The development will not generate the need for the City to incur
any substantial expense due to infrastructure improvements The
Department of Public Utilities is currently upgrading the existing system
along this portion of North Landing Road
• The entire project should be developed at a density that is the lowest of
the following 1 establishes the residential as secondary, 2 assures that
the protect is in keeping with the character of the transition area, and 3
generates no more traffic than the equNalent of one (1) dwelling unit per
developable acre (page 74)
Staff Comment At the request of City Council, staff developed a set of
criteria for assessing a development's consistency with the
Comprehensive Plans policies for the Transition Area The result was the
establishment o f a "Transition Area Matrix" that is now used to calculate
the potential density of a development proposal in the transition area
Application of the matrix to the submitted plan resulted in a final "rating„
that would allow a maximum of 64 dwelling units on the property The
applicant is requesting 65 units A factor that must be entered into the
equation: however, is the fact that the matrix calls for variation in lot size
for the purpose of clustering and gaining open space This component of
the plan scored relatively low A significant issue, however, is the recent
opinion expressed by several City Council members to other rezoning
applicants in the Transition Area to have a min1mum lot size of 20, 000
square feet This applicant, knowing that several Council members
expressed that opinion, redesigned the proposed layout a number of trines
to increase the lot sizes to the desired 20, 000 square feet while still trying
to achieve the other objectives as expressed by the Transition Area
Density Matrix The result is a plan that scores high on almost all of the
matrix Mems except the one calling for variation in lot sizes
The scored matrix is included at the end of this report
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, LL C 1 2
Page
• The need for widening roads should not be necessary to accommodate
the proposed development Projects of high merit and low density should
be favored
Staff Comment The construction of 65 homes on this property will not
necessitate modification to the existing roadway Traffic Engineering staff
from the Department of Public Works have reviewed the plan and have
concluded that North Landing Road is under its capacity
Summary of Proposal
Pr000sal
The applicant is proposing to develop a 65 1 acre site into 65 residential lots
resulting in an overall density of 1 dwelling unit per acre The request consists of a
Conditional Use Permit for R-30 open Space Promotion that allows the square
footage of the home saes to be a minimum of 18,000 square feet However, the
proposed lots range in size from 20,000 square feet to 25,000 square feet The
reduction from 30,000 square feet as required under straight R-30 zoning allows a
greater percentage of the 65 acre parcel to remain in "ope "opi space" for park space
(passive recreation in this case) and scenic vistas with the goal of creating openness
within the development as one moves through it
In addition to the use permit, a rezoning application is required to change the
u n de ri jng zoning frorn AG -1 & AG -2 Agricultural District to R-30 residential D istnct
• A subdivision variance is also sought as the proposed and preferred road design is
atypical of City standards for a residential street The proposed road section depicts
the use of swales for drainage and a smaller width of asphalt (24 feet rather than the
required 30 feet) In addition, the sidewalk is not directly adjacent to the roadway
but rather buffered from vehicular traffic with street trees and street lighting
Site Design
• The concept plan depicts a single entrance into the proposed development off of
North Landing Road Masonry walls parallel to North Landing Road on each side of
the entrance road are proposed There are approximately six (6) acres of passroe
open space, free from development, as one enters the site A large entry feature is
proposed within this open space area The rendering of the entry feature dei cls a
predominately reddish brick outdoor pavilion with a cupola on the dark color roof and
dentis molding surrounding the top The design of the pavilion is consistent with the
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L c ## 279 28 & 2
Page 1
Princess Anne Commons Guidelines and complementary to the municipal center
and the historic, rural character of the area
--- • The central feature of this subdivision plan is a swath of open green space within the
interior of the development A majority of all of the dwelling units will face or directly
back up to some form of open space —either passive recreational open space or a
lake (stormwater management pond) The homeowners' association will maintain
this open space
•
Twenty-five (25) acres of total open space is proposed with six (6) foot wide mulched
pedestrian traits, park benches, and picnic shelters throughout Included gra the
development is awell-planned pedestrian circulation system that internally connects
the proposed neighborhood as well as future neighborhoods
• Three (3) large stormwater management ponds are proposed and have been
incorporated into the design of the subdivision as visual amenities
• Two {2} future street connections are proposed to accommodate potential
development of adjacent properties
Vehicular and Pedestrian Access
• Vehicular circulation within the development is acceptable Both the proffer
agreement and the concept play indicate that nght and left tum lanes from North
Landing Road will be constructed The proposed streets within the development
reflect the rural character of the transition area as they propose less pavement
width, wide shoulders and side swales The two (2) travel lanes are twelve (12) feet
in width with four (4) feet of paved shoulder on both sides of the street
Included in the development is a Drell -planned pedestrian circulation system that
connects the dwelling unrts to the open space and prodes future pedestnan
connections to adjoining properties as well Five foot aide concrete sidewalks
within the rights-of-way are depicted on both sides of the streets with the exception
f two 2 cul-de-sacs
Architectural Design
The Conditional Zoning Agreement states that visible exterior surfaces of the hoariest
excluding roof, trim, windows, and doors, must be no less than fifty percent 0%
brick, stone, stucco or similar quality material Any one-story dwelling shall contain
no less than 2,400 square feet of enclosed living area excluding garage area and
any two-story dwelling shall contain no less than 2,600 square feet of enclosed luring
Planning Commission Agenda
June 7 2) 2002
HARBOUR DEVELOPMENT CORPORATION, L L C ## 27,28 2
Page 11
area excluding the garage area The Deed Restrictions shalt require each dwelling
to have, at a minimum, a two (2) car garage
The application states that the anticipated value of the homes should exceed
$3007000 although the applicant has stated verbally that the finished h o m es wiII
ultimately sell for $350,000 to $450,000
Deed F estncti ns, administered by a Properly Owners" Association, will limit the
Leight and material of fencing so that all open space areas are easily visible and
safe The Deed Restrictions ns also require that all outbuildings be constructed of the
same material and color as the principle dwelling and shell not exceed 200 square
feet in size They also require that all front yards be sodded
Landscape and open Space
• The Conditional Zoning Agreement indicates that 25 2 acres of land {39 percent of
the total area} will be dedicated to passive recreational open space The minimum
open space requirement of the typical R-30 open space promotion option ,s 15
percent These landscaped parklands will feature walking trails, paiic benches picnic
areas, and lakes outside the residential lots and roadways Two (2) covered picnic
shelters (12 feet by 20 feet) with a concrete base are proposed
Each building lot will be developed with double the total canopy cover specif1ed in
the City of Virginia Beach's "Residential Tree Requirement Table " For example, a
20,000 to 23,000 square foot lot requires at lust 900 square feet of tree canopy
This can be accomplished by using all small, medium or large trees or a oornbfnation
thereof Small trees, such as a dogwood or crape myrtle, are given 100 square feet
of canopy cover Medium trees, such as river birch and Amencan holly, are given
150 square feet of canopy cover Large trees, such as bald cypress and loblolly
pine, are given 200 square feet of canopy cover Small trees must be at lust five
(5) feet in height at the time of planting and indium to large trees must be a
minimum um of 1 '/ inch caliper at the time of planting
The pre -development tree canopy is 18 percent With the proposed proffered
landscaping the estimated post -development tree canopy at 1 0 -year grow out will
also be 18 percent
Proffers
Planning Commission Agenda
June 72, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C / # 277 28 & 29
Page 12
A.
ww
PROFFER # 1 When development takes place upon that portion of
Property which is to be developed, it shall be as a si
family residential communrty of no more than 65 bur
lets substantially in conformance with the Exhibit en
"REZONING EXHIBIT OF VICTORIA PLACE", date
71 2002, prepared by Hassell & Follies, P C , which
been exhibited to the Virginia Beach City Council an....
...
file with the Virginia Beach Department of Planning
("Concept Plan" Each building lot shall be developed
with double i a two Mines) the "Total Canopy Corer
Required'y as specified in the City of Virginia Beach's
"Residential Tree Requirement Table's published by the
Virginia Beach Department of Planning as of the date
hereof
Staff Evaluation This prefer is acceptable This development proposes a
centralized open space with additional pockets and
ribbons of open space that serve buffers to adjacent uses
and visual relief for both the p destnan and motorist The
proposal Is at a denser of 10 unit per acre Because the
applicant is utilizing the R-30 open space promotion
option, the lots are required to be a minimum of 18, 000
square feet The proposed lots range in size from 20, 000
to 25, 000 square feet The use of smaller lots than the
typical R-30 30, 000 square feet provide additional laird
available for open space
PROFFER # 2 When the property is developed, a central party containing
approximately 25 2 acres of landscaped parklands nds and
lakes f atunng passive parr areas, community activity
areas featuring an extensive pdestnan pathway system,
park benches, covered shelters and picnic areas lying
outside the residential lots and roadways depicted on the
Concept Plan shall be dedicated to and maintained by the
Property Owners' Association
Staff Evaluation This puffer is acceptable The applicant has proposed
neighborhood that maintains scenic vistas as one travels
through the development and incorporates an extensive
pedes nan trail system throughout with thought to future
connections as well Along with the well planned
pedestrian system, park beaches and large picnic shelters
Panning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C / # 27,28 & 29
Page 13
are proposed within the open space area
PROFFER # 3 When n tine property is developed, the pedestrian pathway
system and open space improvements shall b
constructed substantially as depicted on the Concept Plan
Staff Evaluation This proffer is acceptable The plan incorporates an
extensive pedestrian cragl system including a six (6) foot
wide mulched trail within the open space areas and a five
(5) foot wide sidewalk throughout the subdivision Future
connections to adjacent properties are also depicted on
the submitted plan
PROFFER # 4 At the entrance to the community, the Party of the First
Part will construct both right and left turn lanes from North
Landing Road and a brick wall, 18 inches in height parallel
to North Landing Road on each dale of the entrance road
as depicted on the Concept Plan
Staff Evaluation The proposed rezoning will generale sufficient tumrng
volumes to warrant Left and nghi turn lanes on North
Landing Road Department of Public Works standards
specify the storage and bay taper must each 6e a
minimum of 100 feet for the left and right tum lanes The
entrance location may need slight adjustment to provide
for the Turn lanes This refinement will be determined
dunng final site plan review should these requests be
approved
PROFFER # 4 When the Property is subdivided it shall be subject to a
recorded Declaration of Protective Covenants, Conditions
and Restrictions "Deed Restrictions" administered by a
Property Owners' Association which shall be responsible
for maintaining all crnmr n areas, including the community
owned open space with pedestrian pathway system, the
entrance feature and community activity area
Staff Evaluation This proffer is acceptable Beyond defining maintenance
responsibilities, the Deed Restrictions ve il! also limit the
height and matenals of fencing adjacent to open space
areas,, restnot the building matenals of accessory
Planning Commission Agenda
Jure 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C # 2) 28 & 29 -
Page 14
structures, limit the placement of flags and other
decorative items,, etc
PROFFER ## 5 All residential dwellings constructed on the Property shall
have visible exterior surfaces, excluding roof, trim,
windows, and doors, which is no less than fifty percent
(50%) brick, stone, stucco or similar quality materials Any
one story duelling shall contain no less than 2,400 square
feet of enclosed living area excluding garage area and any
two story dwelling shall contain no less than 2,600 square
feet of enclosed living area excluding the garage area
The Deed Restrictions shall require each dwelling to ha el
t a minimum, a two 2 car garage
Staff Evaluation This proffer 1s acceptable The size of the proposed
homes and the quality of the building materials will
contnbure to the high quality appearance of this
subdivision The required two (2) car garage for each
dwelling will help alleviate the necessity for on -street
parking on the proposed street
PROFFER # 6 The Grantor recognizes that the subject site is located
within the Transrtion Area identified in the Comprehensive
Plan of the City of Virginia Beach, adopted on November
4, 1997 The Comprehensive Plan states that
development taking place in this area should support the
primary purpose of advancing open space and recreational
uses In addition to committing thirty-three percent (33%)
of the property to open space preservation, via the
dedication of the 20 6 acres to the Property Owners
Association as permanent open space the Grantor agrees
to contnbute the sum of Seven Hundred Fifty and 11 / 100
Dollars ($750 QO) 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 Grantor 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 Grantor agrees to make payment for
each residential lot as shown on any subdivision plat prior
to recordation of that plat
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C ## 27,28 g
Page 1
U�
V6
Staff Evaluation This proffer is acceptable The cash proffer of $750 00 per
lot equates to a total of $48,750 00 for all 65lots
PROFFER # 7 Further conditions may be required by the Grantee during
detailed Site Pian and/or Subdivision review and
administration of applicable City codes by all cognizant
City agencies and departments to meet all applicable City
code requirements Any references hereinabove to R-30
Zoning District and to the requirements and regulations
applicable thereto refer to the Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach,
Virginia, in force as of the date of approval of this
Agreement by City Council, which are by this reference
incorporated herein
Staff Evaluation This proffer is acceptable as it reaffirms that all provisions
of the City Code must be met and that the rezoning
proposal does not eliminate the applicant's responsibility to
adhere to adopted rules and regulations
City Attorney's The City Attorney's Office has reviewed the proffer
Office agreement and found rt to be legally sufficient and in
acceptable legal ions
Evaluation of Request
These requests are recommended for approval The applicant proposes to develop a
65 1 acre site into 65 residential lots resulting in an overall density of 1 dwelling unit per
acre The request consists of a conditional use permit for R-30 opens space promotion
that allows the square footage of the home situ to be a minimum of 18,000 square feet,
although the actual size of the proposed lets ranges between 20,000 and 25,000 square
feet This allows a greater percentage of the parcel to remain in 96open space' for park
space (passive recreation in this case) and scenic vistas with the goal of creating
openness within the development as one travels through it The Conditional Zoning
Agreement indicates that 25 2 acres of land 39 percent of the total area) will be
Planning Commission Agenda
June 121, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29
Page 16
calculate the potential density of a development proposal ,n the transition area
Application of the matnx to the submitted plan resulted in a final "'rating"' that would allow
a maximum of 64 dwelling units on the property The applicant is requesting 65 units A
factor that must be entered into the equation, however, is the fact that the matnx calls
for variation in lot size for the purpose of clustering and gaining open space This
component of the plan scored relatively lover A significant issue, however, is the recent
opinion several City Council members expressed to other rezoning applicants in the
Transition Area to have a minimum lot size of 20,000 square feet This applicant,
mowing that several Council members expressed that opinion} redesigned the
proposed layout a number of times to increase the lot sizes to the desired 20,000
square fleet while still trying to achieve the other objectives as expressed by the
Transition Area Density Matrix The result is a plan that scores high on almost all of the
matrix Mems with the exception of the one calling for variation in lot sizes
The design of the subdivision and the amount of cash proffers set aside for acquisition
of open space demonstrate the promotion of open space within this proposal Staff
concludes that the applicant's proposal meets the applicable provisions of the
Comprehensive Plan for the Transition Area and recommends approval of thes
requests subject to the conditions below as part of the open Space Promotion
Conditions
When development takes place upon that portion of the Property which i
developed, rt shall be as a single family residential community of no more
building lots and shall be landscaped substantially ,n conformance with th
Exhibit entitled "'REZONING EXHIBIT OF VICTORIA PLACE, CITY OF 111
BEACH, VIRGINIA, IA, SHEET 2 of 2". dated May 7, 2002, prepared by Hassell
Fol es, P C , which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning This includes adherence
to the species of plants listed on the plan, the design of the bio -retention
benches in the storm grater management ponds, and all other notes on the said
plan
2 The entry feature shall be constructed substantially in conformance with the
Bxhibrt entitled "Entry Feature for Victoria Park,"' dated May 28, 2002, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning
The design and building materials for the proposed picnic shelters shall be of
simiIar style and quality of the specifications of the shelter entitled "The
Timberland"' design, identified in the BnWood structures catalog, a detail of
which has been exhibited to the City Council and is on file with the Planning
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L. L C ! # 27,28 & 29
Page 18
Department The final design shalt be submitted to the Planning Director for
review and approval prior to the issuance of a budding permit
NOTE Further conditions may be required during the
administration of applicable City Ordinances Plans
submitted with this rezoning application may require
revision curing detailed site plan review to meet all
a=lt a le Qtv Codes
Planning Commission Agenda
June 1, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C 29 28
Page 1
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June 1 , 2002
HARBOUR DEVELOPMENT CORPORATION,, L L C / # 27,28 & 29
Page 21
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June 1 , 2002
HARBOUR DEVELOPMENT CORPORATION,, L L C / # 27,28 & 29
Page 21
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June 12, 2002 �
HARBOUR DEVELOPMENT T C F P FlATI N, LL C 27,28 & 2 � -� --
Page 22
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Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C # 25 28 & 29
Page 23
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June 12, 2002
HARBOUR DEVELOPMENT CORPORATION, L L C # 25 28 & 29
Page 23
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PIIS BARK MULCH
EINE GRADU & WELL C13MPACTED SUBGRADE
TYPICAL SECTION PEDESTRIAN PATHWAY
NOT TO SCALE
Proposed Shelter
Planning Commission Agenda
June 12, 2002
HARBOUR F E EL PME 1T CORPORATION, L L C # 2, 28 & 2
Page 24
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APPLICATION PAGE 4 OF 4
CONDITIUNAL USE PERMIT
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
Applicant's Dame Harbour Development Corporation, L L,Virginia limit d _lia�il_xt �
company
List All Current
Property Owiiex's Burch Famil Ltd- Fartnar-sM n _
...
Arline M Rosenmei r-, Successor Trustee
Mxchael - JStafford, Sr ,'Trustee
PROPERTY OWNER DisCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary)
If the property owner is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION list
all members or partners in the organization below (Attach lisi rf necessary)
ti
❑ Check here if the property owner is NOT a corporation partnership firm or other unincorporated
organmtnn
If the apphcant is not the current ownier of the pa per y, complete the Applicant Duclosur'e se Iron below
APT IAIT DISCLOSURE
If the applicant is a CORPORATION list all officers of the Corporation below (Attach list ff necessary)
If the applicant is a PARTNER H P FIRM or other UNINCORPORATED ORGANIZATION list all
members or partners in the orgamxatinn below (Attach Itst if necessary
Robert R Kinser
Ed Sadler
Preston Fussell
I
Ch -.c -ie e if t` e ipio',can t iN f a corporation partnership firrn or other unincoipoi ated of 2,ani zdlion �
� CERTIF'ICJ,TIOy
R
f
I
I certify that lite infori afro co rained heis tate wid accurate �
Harb v
elo orporatin L L C
By
t oawr
Robert R inset Mag
Member _ a
Print Name
row No P S 1 a
1*
oneU
LI
City of Virgirziek B�aGri
In Reply Refer To Our He No DF -5542
TO I,P-4die L Lilley
FROM B Kay Wilco
INTER-OFFTCE CORRESPONDENCE
DATE January 6, 2003
DEPT City Attorney
DEP' ' City Attorney
RE Condinonal Zoning Apphcation
Harbour Development Corporation, L L C , et als
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on January 14, 2043 I have reviewed the subject proffer agreement, dated
May 21, 2002, 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 Lf you have any questions or wish to discuss this matter
further
BKW
Enclosure
PREPARED BY
SYM ROURDON
AHM &LEW R
HARBOUR DEVELOPMENT CORPORATION, L L C , a ViLr bruited bablhty
company,
BURGH FAMILY LTD PARTNERSHIP,,
ARLII E M ROSENMEIER, Successor Trustee of the Joseph
Revocable 'gust
MICHAEL J STAFFORD, SR , Trustee of the ROBERT E
REVOCABLE TRUST
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
H Rowlett, Jr.
STAFFORD, SR
CITY OF VIRGINIA BEACH, a. muracipal corporation of the Commonwealth of
Vix a
THIS AGREEMENT, Ornade t1ns 21st day of May, 2002, by and between
HARBOUR DEVELOPMENT CORPORATION, L L C , a Virginia limited habdity
company,, Grantor, party ofthe first part, BURCH FAMILY LTD P RTNE S IP,
ARLII E M ROSEI MEI R, Successor Trustee, and MICHAEL J STAFFORD, SR,
Trustee, Grantor, parties of the second part, and THE CITY OF VIRGINIA BEACH
municn al corporation of the Commonwealth of Virgana, Grantee, party of the third
Part
WITNESSETH
WHEREAS, the partLes of the second part are the owners of that certain parcel
of property located in the Princess Arne Dxstnct of the City of Virgnia Beach,
contammg a total of appro saatefy 65 1 acres and described m Exhabit "A" attached
hereto and incorporated herein by thus reference Said parcel is hereinafter referred
to as the "Property", and
WHEREAS, the party of the first part is the contract purchaser of the Property
and has unhated a condrtLonal amendment to the Zanang Map of the City of Virgnta
Beach, irgm:La, by petition addressed to the Grantee so as to charge the Zoning
Cla s #icabons of the Property from AG -1 and AG -2 Agricultural Distncts to
I Conditional R-30 Residential Distnct with a Conditeonal Use Permit for Open Space
Promotion, and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of laird for various purposes through zonmg and other land development legislation,
and
xPIN 1493-58-7581
I
PRER
SYEES ROURDON
FAN & LM PC
WHEREAS, the Grantor acknowledges that the competing and sometirne i
m ompati`ble uses confect and that m order to per -mit differing uses on and m tho
area of the Property and at the sane time to recogm a the effects of change, and th,
need for various types of uses certain reasonable conditions governing the use of tai(
Property for the protection of the community that are not generally applicable to land
surly zoned are needed to cope with the situation to which the Grantor's rezor n i
applicaton gives rise, and
WHEREAS, the Grantor has voluntarily proffered, in wnting, in advance oil
and pnor to the public hearing before the Grantee, as a part of the proposed
araeridnxent to the Zonmg Map, m addition to the regulations provided for the R-3
Zomig Distnct by the a sing or erall Zon g Ordmance, the foflo ng Treasonable
conchtions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zonxng Map relative and applicable tc
the Property, which has a reasonable relation to the rezoning and the need for whac±
is generated by the rezo=g
NOW, THEREFORE, the Grantor, for itself, iLts successors, person;E
representat ves, assigns, grantees, and other successors m title or interest,
voluntarily and vnthout any requirement by or exaction from the Grantee or itc.
governing body and without any element of compulsion or quid pro for zonmg
rezoning, site plan, building pent, or subdLivision approval, hereby make the
fo owing declaratwn of coridhtLons and restnctions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenanl
and agree that this declaration shall constitute covenants running with the Property,
w.bach shall be binding upon the Property and upon all parties and persons claimm
under or through the Grantor, its successors, personal representatives, assigns,
grantee, and other successors in mt crest or title and which will not be requ3 red of tit
Grantor untLI the Property is developed
1 When development takes place upon that pardon of the Property w]nicr,
is to be developed, it shall be as a single family residentLal community of no mors
than = y -five ) build ng lots substantmIly m conformance wi th the Exhibit
entitled "REZONING EXHIBIT F VICTORIA PARK" (Sheets I and ), dated May 15,
2002, prepared by Hassell & Fol es, P C , wfuch has been exhibited to the Virgima
2
PREPARED BY
BOURDON
MAHERN & LAY P
Beach City Council and is on file with the Virga Beach Department of Planning
("Concept Plan") Each building lot shall be developed wrath double I a two tines) the
'Total Canopy Cover Required" as specked m the City of Virga Beach's
"esidentLal 'T'ree Requirement Fable" published by the Virgirua Beach Department of
Planning as of the date hereof
2 When the property is developed, a central park with connected open
space areas containing approxately 28 4 acres oflandscaped parklands lakes,
passive recreation areas, community actvnty areas featuring an extensive pedestrian
pathway system, park benches, covered shelters and picrnc areas lymg outside the
residenthal lots and roadways depicted on the Concept Plan shall be decbcated to and
maintained by the Property Owners Association
3 When the property is developed, the pedestrian pathway system and
open space unprovements shall be constructed and the installed landscaping shall
be substantially as depicted on the Concept Plan
At the entrance to the community the Party of the First. Part wdl
construct both nght and left turn lanes from North Landmg Road and a beck wall,
18 inches m height parallel to North Landing Road on each side of the entrance road
as depicted on the Concept Plan
5 When the Property is subdivided it shall be subject to a recorded
Declaration of ProtectLve Covenants, Conchbons and Fes notions ("Deed
estrictLon ") admunstered by a Property Owners Asso abon winch shall be
responsible for mainta m ng all common areas, rnclud ng the community owned open
space with pedestrian pathway system, the entrance feature and cornmumty actwity
area
5 All residential dwellings constructed on the Property shall have visible
exterior surfaces, excluchng roof, tri, windows, and doors, which is no less than
fifty percent (50%) brick, stone, stucco or similar quality materials Any one story
dwelling shall contain no less than 2400 square feet of enclosed hvmg area excluding
garage area and any tiro -story dwell ag shall contam no less than 2600 square feet
of enclosed living area excluding garage area The Deed F e tnctaons shall re u: re
each dwelbng to have, at a mum, a two (2) car garage
3
PIMPAREO BY
SYUS BOURDON
A41ERN & IM
7 The Grantor recogaLzes that the subject site is looted withm th(,
Transxtxon Area identcfied m the Comprehensive L -m of the City of Nina Beach,
adopted on November 4, 1997 The Comprehensive Plan states that development
to ng place in thus area should support the primary purpose of advancing open,
space and recreational uses In addition to commxtUng fffty percent (50%) of the
Property to open space preservation, via the dedicaton of 28 4 acres to the rrt3? i
Owners Assocxaton as permanent open space and pr vision for 3 9 acres of green,
gays vnthin the dechc ted public right of gays vnthm the community, the Granto3
agrees to contribute the sum of One 'thousand and /100 Dollars ($ 1,000 o ) pei f
lot to Grantee to be utd=ed by the Grantee to acquire land for open spact.
preservation pursuant to Grantee's Outdoors Plan if the funds proffered by thf
Grantor m this paragraph are not used by the Grantee anytime within the ne i
twenty (2o) years for the purpose for which they are proffered, then any funds paald
and unused may be used by the Grantee for any other public purpose Grantor
agrees to make payment for each residerxtal lot shown on any subdxvision plat pnoi
to recordation of that plat
Further concbtrons may be required by the Grantee during de ed Site
Plan and/or Subchvision review and admuustratwn of applicable C-ity codes by aD
co t City agenciLes and departments to meet all applicable City cock.
requarements Any references hereinabove to the R-30 Zoning District and to the
requirements and regulations applicable thereto refer to the Zonmg Ordnance and
Subdivision Ordmance of the City of Virguma Beach, Nina, in force as of the date
of approval of thus Agreement by City Count, w1hach are by this referencE
mcorporated herem
The above conchtLons, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the am en ent to the Zoning Ordinance, shaD
continue in f E force and effect until a subsequent amendment changes the zonmp
of the Property and specifically repeals such cond�tons Such condLitons shah
continue despite a subsequent amen ent to the Zoning Ordnance even 3d tht
subsequent amendment is part of a compr h n we plementat:ion of a new o3
substantially revised Zoning Ordinance until spe cally repealed The conchtion ,
however, may be repealed, amended, or vaned by w itten mstrument recorded -in tht
4
Clerk's Office of the Circuit Court of the City of Virga Beach, Virgan , and
executed by the record ovmer of the property at the time of recordation of such
instrument, provided that sand mstrument. is consented to by the Grantee in wnting
as evidenced by a ceded copy of an ordinance or a resolution adopted by the
gover=g body of the Grantee, after a pubhc hearing before the Grantee which was
advertised pursuant to the provisions of Section 15 2-2204 of the Code of VLrgurua,
1950, as amended Said ordhnane or resolution shad be recorded along with said
mstrument as conclusive evidence of such consent, and xf not so recorded, said
mstrument sha be void
The Grantor covenants and agrees that
(1) The Zo=g Administrator of the City of Virguim Beach, Virginia, shall
be vested with all necessary authont , on behalf of the governing body of the City of
V3X Beach, Virga, to administer and enforce the foregoing Gond-Loons and
restrictions, including the authority a to order, in --- g, that any noncomphance
with such conditLons be remedied, and b) to bring legal action or suft to insure
comphance with such conchtions, including mandatory or prohibitory mjunclaon,
abatement, damages, or other appropriate action, scut, or proceeding,
(2) The failure to meet all conchtions and re tncti ns 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 de asion of the Zo=g i tr tor, oracle
pursuant to these provisions, the Grantor shall petation the go ernmg body for the
review thereof prior to msttutg proceedings in court, and
(4) The Zonmg Map may show by an appropriate symbol on the neap the
emstence of condAlons attaching to the zoning of the Property, and the ordinances
and the conchtions may be wade ready available and accessible for public
inspe tLon in the office of the Zonmg Adrninistrator and m the Plannmg Department,
and they shall be recorded m the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the Grantor and the grantee
PREPARED By
SYM ROURMIN
AHMN & LM P
WITNESS the follo mg ;ignatare and seal
GRANTOR
HARBOUR DEVELOPMENT C4RPORATiOIv,
LLC , a Vsrguua limited habiiity company
t
By � (SEAI)
Robert R Kinsar M in
agg Member
tiY
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH , to -t
J u ref
The foregoing mstnxraent was acknowledged before me tbxs 10th day of�
20021, by Robert R tenser, Manage. g Member of Harbour Development CorporatLor,
L C , a meted company, Grantor
My Comrmssaon Expires August 1 , 2002
PRIED ear
. sync ROUPM114
MON & LM PC
WITNESS the following s ature and seal
GRANTOR
B RCN FAMILY LTD PAR'T'NERSHIP
By J, L
Tuno1hypurCh. Sr , General Partner
STATE OF VIRGINIA
/COUNTY OF e?� u�t1 to -wit
The foregoiag instrument was acknowledged before me this . �� day of May,
2002, by Timothy A Burch, Sr, General Partner, of the Burch Famdy Ltd
Partnership, Grantor
Notary Public
My Commssion Expires
PREPARED BY
SAKES ROURDON
ON & Lam'
WITNESS the follownng signature and seal
GRANTOR
-Ndpllf -4491 I;Vre- -,f Cir4tze SEAL)
04JL
fj
Arhne M Rosenmeler, oc.essor Trustee of
the Joseph H Howlett,Jr RevocableTrust
W
STATE OF �R�#r
CITY/COUNTY OF ��e , to -wit
ZEUMLd I
The fore ung mstrument was acknowledged before rye thus day of I
2002, by Arhne M Rosenxamr, Successor Trustee of the Joseph H Howlett, Jr
Revocable Trust, Grantor
My comnussian Exptses
I a - IS -OS
PREPARED BY
• Y £ URPON
A11MN & LM
8
1
i UNESS the following signature and seal
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -watt
The foregoing rnstr rent was
20022 by Michael J Start,
Trust, Grantor
My CommLssion Expires (?b - Is' 0 o �
PREPARED BY
AI[Mqq t LM P (-
GRANTOR
'00.0eSEAL)
Michael J S ord, S ,Trustee of the Robert
E Stafford, r ,Rev cable Trust
9
ledged before me tlasZ3)� day of May,
f a vert L Stafford Sr Revocable
Notary Pubhc'
PREPARED BY
AR MN & LEVY P
I
I
Palm
i
AR of that certam piece or parcel of hand situate near Pnrx es Arne Courthouse n N
the Seaboard Magistex al Distract rn the County of Princess Arne, Via, &nd morG
E
partLcularly descrnbed by metes and bounds as follows
BEGINNING at a pont on the southern side of State Highway Route 165 known a% i
North Landmg load, as m e ced by the dechcataon of a fifteen 15 foot sip of land
to Princess Arne County, where same intersects the eastern line of the lame to thq i
oomerresdence, as shown on the plat entitled "Survey of 1I W Flora Property
Seaboard Mtenal Mstnct, Pnncess Arne County, ATLrgu-na", dated December 5,
1961, made by Wi fred P Large, Certxfied Land Surveyor, said plat to be recorded
simultaneously with this deed, and running thence easterly along the southern side
of North I ,andmg Road, N 70° 15'E a dhstance of 419 47 feet to a pont and runnmlE
thence S 23* 19'E a &stance of 279 01 feet to a ponnt, and runnmg thence IST 66"
1' E a chstance of 189 39 feet to a pomt, and rune g thence S 32* 0 1' E Z
htne of 365 79 feet to a pent, and running thence S 3' 3' E a distance of
733 05 feet to a point, and runningthence S 32° 37' E a distance of 997 11 feet to
CON
a point, and runnYrx thence S 2" 27' 5" E a chstance of 402 31 feet to a point �
and runamg thence S 9° 56' 35" W a distance of 1144 41 feet to a point, and
ru nmg thence N 32* 24' 5 1" W a chstance of 1483 87 feet to a pont, and rum
thence N 25* 40'06 W a chstan a of 102 86 feet to a point, and running thence
13 * ' 31 " W a chstance of 107 93 feet to a pont, and runnm. g thence N 8 ° 3 7' 24" �
a distance of 553 2 feet to o pont, and running thence N 110 519" 5" W o f
chstance of 909 02 feet, to the pont of b f
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SPIN 1493-58-7581 I
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dedicated to passive recreational opera space The minimum open space requirement of
the R-30 open space promotion option is 15 percent
�.` During the design phase of this development during discussions with staff, the applicant
recognized that it was essential that the important environmental feature (the large
stand of trees) be incorporated into the overall design of the subdivision Mn terms of the
number of homes in the wooded area, partrculady in minimizing the size of the lots in
this area of the site As a result, the actual location of the proposed homes within the
woods has been predetermined so as to minimize disturbance The retention of a
majority of the trees dictates an expectation that adjacent parcels, should they ever
develop, respect the efforts to maintain a natural buffer of value In addition to
preserving the majority of the trees within this stand, open areas are proposed in
strategic locations along the roadway to establish a sense of openness
This development attempts to create a high quality neighborhood that has been
designed to preserve a large amount of open space and showcase the environmental
resources on the site Staff approached the review of this pian in the Transition Area
differently than one for a subdivision typically found in the northern part of the City This
development is a special type of project with its awn development standards suitable to
the atmosphere and character desired for this area
Development Mn the Transition Area should be associated with significant open space
and recreational amenities This development builds off of a centralized open space a
well as additional pockets and "n bons" of open space at the property's penmeter
These ribbons of open space aid in preventing an undesirable scenario, atypical of the
rural character of the area, of back-to-back rear yards A substantial amount of the
parcel (39 percent) will remain as undeveloped open areas, but perhaps equally
important to the amount of land reserved for open space is the actual accessi ifr#y and
usability of the proposed open areas A vast majority of the homes will back up to or be
adjacent to erther open space or forested areas This includes lots 56 through 65 that
will back up to a platted ingress. egress easement to the property to the west that varies
in width from approximately 35 feet to 140 feet wide This easement will serve as a
buffer to the existing uses to the gest Also included in the open space component is a
Drell -planned pedestrian circulation system with extensive internal connections Along
with the pedestrian system, park benches and large picnic shelters are proposed within
the open space area Approximately six acres will he heavily landscaped as the
entrance into the community from North Landing Road as well that will also aid Mn
maintaining the rural vistas from the road
At the request of City Council, staff developed a set of criteria for assessing a
development's consistency with the Comprehensive p'lan's policies for the Tran sMon
Area The result was the establishment of a "Transition Area M tnx'3 that is now used to
Planning Commission Agenda
June 12, 2002
HARBOUR DEVELOPMENT CORPORAMON, L L c 2,
Page 1