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FEBRUARY 25, 2003 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CIn COUNCIL V44 OR ME}EPN E OBER�DOR-F 41 Largc ICE Al � OR LO L IS R JO %ES Ba } rd District 4 h 4RR) E DIES' EL hemps% d1c Dlsrrrcr V I R C 4RETL SURE Con fen We Disrrrcr I }DEB 4 � WcCf 4 % 4 � )s4_ Haft Dj rrr r .) RICH4R.D A kLgDD O % R uch Di Ir.;cf � {I V REE P E Pri pi es c A nne {fir vrrcr PETLP 9 S( Hof DT /it Larg R0% 4 17LL-4� { L1 4 41 Lam. IOW-%i4RI UL�Oh 41 Lun t CITY COUNCIL AGENDA JA4 IEN R �P 7RL C in ifarra r LESLIE L LILI Er C w!Ionic � R { TH HODGL'N � 1 ff TH 1 A fC C in C IL rk I CITY MANAGER"S BRIEFINGS 0- r C 25 February 2003 VIRGIN -LA MARINE scEENCE MvsuEM MS Lynn Clements, Director -VMSM .E ESTATE ASSESSMENTS T ral l Ba a an, City Assessor (M HILL Bt ILDj � G 1 P IRGI 14 BEA CH I IRGIl 14 - 3456 300.5 PHo VE (,f 5 ') 4 4303 F41 (7 ') 426 -)69 E VA IL Co cncI vbgov corn -Conference Room - 2 30 PM HUMAN SERVICES PLAN Andrew Fnedman, Director Housing and Neighborhood Preservation II REVIEW OF AGENDA ITEMS III CITY COUNCIL COMMENTS i t INFORMAL AL SESSION A CALL TO ORDER - Mayor Myra E Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION L CERTIFICATION OF CLOSED SESSION - Conference Room - 5 00 PM CITY COUNCIL INFORMAL DISCUSSION M 11 V1 FORMAL SESSION A CALL To ORDER - Mayor Me rera E Oberndorf~ - Council Chamber - 6 00 PM INVOCATION Rei, erend Tim valentine Pastor, Colonial Baptist Church of O e na C FLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COU 1CIL E MINUTES 1 INFORMAL AND FORMAL SESSIONS February 11, 2003 F AGENDA FOR FORMAL SESSION CONSENT AGENDA H ORDINANCESIRESOLUTIONS, I Ordinances to AMEND City Code a § 6 112 2. and 6 -114 re DESIGNATION o f charnel at Lynnhai.en Basra Broad Bay and lr rr , and RESTRICTIONS on launching landing parking or stationing of recreational vessels in certain areas b § 1 -1 and 10 -2 re DEFINITIONS and permit required for Emergency Medical Services (EMS) c § 12-49 re to REDUCE fire permit and inspection fees for small facilities and AUTffORIZE fee waivers for permit required for City Contracts 2 Resolution REQUESTING the Goternor to Declare the Cary a PremarN Disaster Area a re drought damage to the City s Corn crop b re excessive rainfall damage to the City s wheat crop � Resolution to ACCEPT the Transition Area Technical Advisory Committee, (TATAQ report designating the recommendatsans as INTERIM GUIDELINES for the interpretation of and application to the Comprehensive Plan Ordinance to recognize the Development ent Authority's expanded tax base and restructure their outstanding obligation f 7,491,46 extinguishing the 1,2 interest separate the principal bal nec into two notes payable to the City, and, AUTHORIZE the City Manager to execute the appropriate documents for non -interest bearing notes effective March , 2002 Ordinance to AUTHORIZE City Manager a To execute Amendatory project documents re Junior Golf .4cademti at TPC Golf Course, First Tee b To execute Mutual Aid Agreements re Emergence Medical Sej-vices (EMS) wrth the Cities of Chesapeake and Norfolk Resolutions refernng Ordinances with proposed amendments to the Planning Commission for re onuriendations a § 1 -1 8, 22 1, 1405, 1605 of the City Zoning Ordinance (CZO) re written notice and posting of signs for re4zoning and other applications b § 901 of the City Zoning Ordinance (CZO)re allowing Public or PrivateColleges r Univ rsr r s as permitt rincipal uses 1n the - , - , B-3 A and B -4 Business Districts 7 Ordinances to AUTHORIZE tenippran encroachments into City -owned properties JULIO and DE13BIE CABRAL re constructing and maintaining a prn ate pier into Bass Inlet East at 2845 Sandpiper Road (DISTRICT 7 - PRINCESS ANNE) b G S T EXPEMPTION TRUST re constructing and maintaining a private pier Irft and ramp into Lake Joyce at 4469 Blackbeard Road (DISTRICT 1 - CENTERVILLE) c MICHAEL T and PATRICIA B DUNHAM re constructing and maintaining a private pier and lift into Crab Creed at 2075 Tazewell Road (DISTRICT 4 - BAYSIDE) d MICHAEL and LUCILLE BROWN re constructing and maintaining a brick patio chrmnei concrete blockhvood fence and shed at 4500 Pleasure Avenue (DISTRICT 4 - BAYSIDE) 8 Ord:nance to ACCEPT and APPROPRIATE $51, 00 in recovered expense re a Cons umer Affairs case settlement to the Commonwealth Attornei s Office to replace lost State rep en ue Ordinance to ACCEPT and APPROPRIATE $20,000 from the Fedey al Emergency Management Agenc F MA. to Fire Depat tment s FY 2002-03 Operating Budget t recover expense of a City Employee deplored to assist the Columbia incident support team 10 Ordinance to ACCEPT and APPROPRIATE an $8,932 Grant from the Criminal Justice Services re contractual clerical support for the Police Domestic Iliolence Unit Ordinance to APPROPRIATE , 31 from the Tourism Advertisingprogram fund t the FY 02-03 Operating Budget of Con ventzon and isito? Development for expanding their advertising programs and certain capital improvements at the Visit r Informatlon Center 12 Ordinance to TRAN SF R S 18 8,500 from CDB G Reserves to the FY 20 02-09 O ei atzng Budget of Housing and Neighborhood Preservation for the Neicyhborhood Revitalization Strategy Area RSA HUD Plan and AUTHORJZE the Ciq Manager to execute contract with CARE, Inc J PL A-NNI I Ilariance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Steve BishardBishard Development Corp at Nortb Lynnliaven Road and Mayfair Court (541 North Lvnnhaven Road) containing 2 acres (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL 2 Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the Citv Zoning Ordinance (CZO) for Commonwealth Custom Home Builders, Inc at Little Lake Driveand Little Lake Court (1101 Five Pont Road) (DIS TFJCT 5 - LYNNHAIv EN) Recommendation APPROVAL Application of S & R Properties, L L C for a Modification a Conditional Else Permit r a bincro hall (approved by City Council on January, 1999), at Cleveland Street, and Aragon Boulevard 4933 C I ex eland Street), containing 4 8 1 acres (DISTRICT 2 - KEMPSVILL.F Recommendation APPROVAL VAL, Application of Jack Rabbit Self-Storage/College Park, L L C for a M di iea ion Con ditz onal Use Permit re mini -warehouse fa iIit r ppro ed b y City Council on September , 1 at Providence Road and Woodstock Road (5950 Providence Road), containing 4 39 acre (DISTRICT 2 - KE PSVILLE Recommendation APPROVAL Application of Eucell Facen for a ConditionalPermit re buLk sto-rayze, auto,sty and contractor" s storage yard at Virginia Beach Boulevard and First Colonial Road 17 5 2 V irginl Beach Boulevard), containing 15,103 square feet (DISTRICT 6 - BEACH) Applicant Requests TNDEF MIT DEFERRAL 6 Application of Graham's Custom B dv Shop & Towing, L L C for a Cori a Ional Use Permit re bulk storage and expansion of the bodv shop at Jensen Dnve and South Birdneck Road 0 121 Jensen Dave), containing 1 567 acre (DISTRICT 6 - BEACH) Recommendation APPROVAL 7 Application afJBA Two, L L C for a Conditional Use Permit re motor vehicle sales at Shore Dn�e and Pleasure House Road (4740 Shore Drive), containing 24 785 64 square feet (DISTRICT 4 -BAD SIDE) Recommendation APPROVAL 8 Application of Reed Enterprises, Inc for a Conditional Use Permit re gasoline sales in conjunction with a conventence store at Holland Road and Chimney Hill Parkway (985 Chimney Hill Parkway), containing 31 755 square feet (DISTRICT 3 -ROSE HALL) Recommendation APPR V AL K APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MISSIO MINORITYMINORJTY BUSINESS COUNCIL THE PLANNNG COUNCIL UNF7NISHED BUSINESS M NEIN BUSINESS N J RNM 1 1 If } ou are phi sicalli dxsabled or % i uafl% impaired and need assistance at this meeting please call the CITY CLERK S OFFICE at 4274303 Rearing impaired call TIT only 4 7-430 (TDD Telephonic Device for the Deaf) Agenda 2/2'q'03rbIb N boi cm 17 INFORMAL SESSION -- Conference Room - 5 oo PM CALL TO ORDER- Mayor Meyera E Obemdorf ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION D CERTIFICATION OF CLOSED SESSION V CITY COUNCIL INFORMAL DISCUSSION o PM ����rl�t�iaarn CERTIFICATION CLOSED SESSION VIRGINIA BEACH CITY COUNCIL VHREAS The Virginia Beach City Council convened into CLOSED SESSION pursuant to the affirmative vote recorded here and in accordance with the provisions ofThe Virginia Freedom ofInf r ation Act, and WHEREAS Section 2 2-3712 of the Code of Virginia requires a certification the governing hods that such Closed Session was conducted in conformity with Virginia Lav, NOW, THEREFORE, BE IT RESOLVED That the Virginia Beach City Council hereby certifies that to the best of each member's knowledge (a) only public business matters la dull exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as ere identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council VI FORaMAi, SESSION -Council Chamber - 6 00 PM � A. C 4,-LL TO ORDER - Mayor Il evera E Oberndorf INVOCATION ReN erend Tim Valentine Paste-, Colonial Bapitist Church ofocean PLEDGE of ALLEGIANCE TO THE FLAG of THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E MINUTES 1 INFORMAL AND FORMAL SESSIONS F AGENDA FOR FORMAL SESSION CONSENT AGENDA DA February 11, 2003 ORDINANCES/RESOLUTIONS Ordinances to AMEND City Code a § 6-112 2 and 6-114 re DESIGNATION of channel at Linnhaven Basin Bioad Kai, and Nar-r o s, and RESTRICTIONS on launching landing r ian or stationing of recreational vessels in certain areas b § 10 5-1 and 10 5-2 re DEFINITIONS and permit required for Emergency Medical Services (EMS) c § 12-49 re to REDUCE fire permit and inspection fees for small facilities and ALTHORIZE fee waivers for permit required for City Contracts 2 Resolution REQUESTING the Governor to Declare the City a Pnmary Disaster Area a re drought damage to the Cit 's Corn crop re excessive rainfall damage to the City" s wheat crop Resolution to ACCEPT the Transition Area Technical Advisory Committee, mittee, TATAC report designating the recommendations as INTERIM GUIDELINES for the interpretation of and application to the Comprehensive Ordinance to recognize the Development Authority's expanded tax base and restructure their outstanding obligation o $7,491468 by extinguishing the S 1 23 5 3 31 interest, separate the principal balance into two notes payable to the City, and, AUTHORIZE the City Manager to execute the appropriate documents for non -interest bearing notes effective March 2, 202 Ordinance to AUTHORIZE City M n Eger a To execute Amend ator project documents re Junior Golf A cademi at TPC Golf Course, First Tee b To execute Mutual Aid Agreements re Emergencilwfedtcal Services (EMS) with the Cities of Chesapeake and Norfolk 6 Resolutions refemng Ordinanceswith proposed amendments to the Planning Commission for recommendations a § 106-1 t , 2217 1405, 1605 of the City Zor ng Ordinance CZ re wntten notice and posting of signs for rezoning and other applications b § 901 of the City Zoning Ordinance (CZO)re alloy% ing r or Private t Colleges Of Universities as permitted rin i uses in the l - , - - A and B-4 Business Distncts 7 Ordinances to AUTHORIZE x p ra cro ch ents into City -owned properties a JITLIO and DEB BIE CASRAL re constfucftng and mwntain.ing a prrvale peer Into Bass Inlet East at 2845 Sandpiper Road (DISTRICT 7 - PRINCESS ANNE) b GST EXPEMPTION TRUST re constructing and maintaining a prttiate pier lift and ramp into Lake Joyce at 4469 Blackbeard Road (DISTRICT 1 - CENTERVII.LE) c MICH.AEL T and PATRICIA B DUNHAM re constructing and maintaining a private pier and lift into Crab Creek at 2078 Tazewell Road (DISTRICT 4 - BAYSIDE) d MICHAEL and LUCILLE BROWN re constructing and maintaining a back patio chrmne3 concrete blocl✓itood fence and shed at 4500 Pleasure Avenue (DISTRICT 4 - BAl'SIDE) S Ordinance to ACCEPT and APPROPRIATE $51, 00 in recovered expense re a Consumer Affairs case settlement to the Commonwealth Attorney s Office to replace lost State revenue 9 Ordinance to ACCEPT and APPROPRIATE $20,000 from the Federal Emergence Management Ager:c►y (FEMA) to Fire Department s FY 2002-03 Operating Budget to recover expense of a City Employee deployed to assist the Columbia incident support team 10 Ordinance to 4 C PT and APPROPRI 4TE an $8,932 Grant from the Criminal Jusizee 'em zees re contractual clerical support for the Police Domestic Violence na Ordinance to APPROPRIATE S 8 33,9 I from the To u risin A drernsig programer ftmd t the 2 02-03 operating Budget of Convenrion and Pisitor Development for expanding their advertising programs and certain capital improvements at the Visitor/Information Center 12 Ordinance to TRANSFER S188,500 from CDBG Reserves to the FY 2002-09 Operating Budget of Housing and Neighborhood Pzesen anon for the Neighborhood Revitalization Strategy Area (NRSA) HUD Plan and AUTHORIZE the City Manager to execute a contract with CARE Inc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An ordinance to Amend and F eordain the Virginia Beach City Code Pertaining to Designation of Channel for Vessels Transiting the Area of the Lynnhaven Basin, Broad Bay and the Narrows, , and Restrictions on Launching Landing, Parking or Stationing Recreational Vessels in Certain Areas MEETING DATE February , 610003 ■ Background The construction of the new City Marina on the Lynnhaven Paver at Shore Drive has created a problem with the narrowness of the channel that leads from the marina under the Lerner Bridge to the Chesapeake Bay The channel is very narrow and vessels have been landing and parking so that the channel is blocked This amendment will establish this area as ar designated channel with appropriate buoys and markings It will also allover the Police Department to ticket individuals who block the channel, to allow the free flog of traffic into and out of the Marisa E Public Information Regular advertising 0 Recommendations Approval of the attached ordinance ■ Attachments Ordinance Map Picture Recommended Action Approval Submitting Department/Agency Police Department qo�Vo City Manager DatalATY/0rdinM0NC0DE/6 112 2 & 6 114 arf wpd 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE VIR INIA BEACH CITY CODE PERTAINING TO DESIGNATION OF CHANNEL FOR VESSELS TRANSITING THE RPEA OF S THE LYNNHAEN BASIN, BROAD BAY AND 6 THE NARROWS, AND, RESTRICTIONS ON LAUN HIN , LANDING, PARKING STATIONINGR REATIO AL VESSELS IN 9 CERTAIN AREAS 10 SECTIONS AMENDED 6-112 2 & 6-11 11 BE IT ORDAINED BY THE COUNCIL F THE CITY OF VIRGINIA BEACH, 12 VIRINIA 1 14 That Sections 6-2.12 2 and -1I4 of the City Code, pertaining 15 to designation of channel for vessels transiting the area of the 16 Lynnhaven Basin, Broad Bay and The Narroas, and, Res1.--r3-ot:Lon n 17 launching, landing, parking or stationing recreational vessels in i8 certain areas are hereby amended to read 19 Sec -112 2 Designatmon of channel for vessels transatxng to 20 area �o _ the Lvnnhaven Baser, Broad Bair and The 21 Narrows 2 a There is hereby established a channel for vessels 23 transiting between Long Creek Canal and the entrance to Lin h rn 24 Bay, through Broad Bay and The Narrows Such channel shall b 25 marked with appropriate markers and navigational aids conforming t 26 the reqULrements of the U S Coast Guard 27 28 transiting There - -is_ hereby established a_ channel for the Lvnrhaven Turning Basin and the Lynnhaven vessels Channel 29 The Lynnhaven Turnincr Baran j-s defined as that body of water 30 bordered on the north by tIe Lesner Bridge, them following south 1 along the shoreline running from the southern edge of the west end 32 of the Lerner Bridge _to the entrance of Crab _Creeks _then running 33 alona a line east f -rcrn CrabCreek -to Loncr Creek Charnel Marker` � 34 continuipq. east from ChannelMarker 2 to- Long Creek _Channel Marker 35 { then bordered on the east by lane from Long Cry 36 Channel Marker 4 to the southern edale _running _ of the east end of ,the Lerner 37 Bred e Such channel shall be marked with ro riate markers and 38 navivational aids conforming to the requirements of the [] S Coast 39 Guard 40 ) It shall be unlawful for any person to anchor, fish, 41 crab, swim, crr water sk-i or 3-n any way bstruct _ anv vessel. 42 trans itn in said charnel Powered vessels shall not operate in 43 said channel except as necessary to transit or cross same, 44 proceeding in accordance with the Inland Rules of the Road 45 No^fir �of t as . section shall be� deemed �to j a i- 46 fishing, crabbing, swimming or wading from the _ shorelines abut 47 the Lynnhaven nnel _ r the Lvnnhaven Turning Basin 48 49 This amendment rill d esignate a boat ehaunel from the never City 11 arina out to the Bay under so the Lesner Bridge The Coast Guard has approved the Citv's placement of channel buoys Sec 6-114 Restrxctions on launching, landmng, park2mg or 53 statxoning recre tmcnal vessels xn certain areas 54 �it shall be un I awful for any person to _launch, land... 12ark 56 gr station a sailboat, motorboat, motorized 12ersonal watercraftf 2 7 canoe rowboat flatboat kayak, umiak scull or any other sima l.ar 8 recreational vessel on the beach area between the western end of 9 the Lesner Bred ee ina southwest along the shoreline of the 60 .,contzn L haven_ Turning Basin and then west to ,the Lynnhaygn Boat Ramp at 61 Crab Creek with the following ex ce ti ns 62 In an emergency, or 63 Withan ap2r ved race or re gatta perm -it 6 { h) Any ponce officer of the Ca-ty of it ini-a Beach is 65 hereby authorized to remove and impound or have removed and 66 ampounded any Gressel wha-ch appears to be i-n vaolataon of tha-s 67 secti-on or which i-s lost, stolen], abandoned or undo-imed In 68 aaditian to the fine imposed for a violation of this section, sucn 69 Gressel shall be removed and impounded at the owner's expense until 70 lawfully claimed or disposed of 71 (+- Any person who shall violate any of the provisions of 72 this section shall be guilty of a Class 4 misdemeanor 7 (-za) If any person holding a permit under this section has 74 three ( or more convictions, or findings of not innocent i-n the 75 case of a 3uvenile, of i-olati-ng this section or section 6-11 6 within the perms-t period, the city manager shall revoke that 77 person ' s permit That person shall not be elii-ble for another 78 permit for the same permit period 7 Any person who has j-) or more convictions, or 80 findings f not innocent in the case of a 3wrensale, of violating 3 81 this section cr section 6-115 within any two -wear period shall not 82 be issued a permit by the city manager under this section for the 83 next two ( years 84 COMMENT There have been problems with boaters blocking the very narrow channel that allows access 86 to the new City Marina This 2mendment all ►%s the Police Department to issue tickets for such 87 obstruction 8 Adopted b tie Council of the City of Virglnl e -i, 89 Virginia, on the day of � �2003 90 ("P-8557 ordan /proposed -112 2 & 0 -114 ord 92 January 9, 2003 93 R PPPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ' Polc Depart ent cit �y A torney's Office 4 0 r sit d c- d 04 � MR aF y MS 40 3 w � � 1 jrvo # I OEM - ad OL if ow CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An ordinance to Amend the City code Pertaining to Definitions and Permit Required for Emergency Medical Services MEETING DATE February 25, 200 E Background The City of Virginia Beach prohibits any emergency medical services agency from operating in the city without a permit These permits are issued by the Department of Emergency [Medical Services upon the approval of City Council The ordinance governing this process ,s based on language included in State code Section 32 1 and Virginia Department of Health office of Emergency Medical Services Regulations On January 1 2003, new regulations replaced requirements promulgated in 1990 These new regulations revised the wording used in the old regulations and updated definitions ■ Considerations Definitions currently used in Virginia Beach City Code § 10 5-1 no longer match those of the Virginia Department of Health regulations The proposed amendments will provide for language in the City Code that mirrors the language of the State Code The proposed change will clearly specify the Cade is regulating Emergency Medical Services vehicles Section 10 5-2(a) does not specify that the vehicles regulated are those used for emergency medical services operations Additionally, longstanding local permit requirements mandate that all agencies including neighboring municipal emergency ambulance services, must apply for permits to operate in Virginia Beach In effect the current ordinance requires them to obtain a permit so they can respond to the City s request for assistance The proposed amendment exempts municipal emergency medical service agencies operating under the provision of a mutual aid agreement from obtaining such a permit 0 Public Information To be advertised in the same manner as other items on Council s agenda ■ Recommendations Approval 0 Attachments ordinance Recommended Action Approval Submitting Department/Agency EMSI�� City Manager S IZ., �Q �, 1J F 1patalATYlOrdinINONCOD Elca8712 arF w pd 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO DEFINITIONS AND PERMIT RETIRED FOR EMERGENCY MEDICAL SERVICES 4 SECTIONS AMENDED §§ 1 -1 and 10 5--2 IT RDAIh+ED BY THE CIT Z COUNCIL OF THE GIT f OF JIRGINIA BEACH, VIRGINIA 7 That Sections 10 5-1 and 10 5-2 of the City Code are hereby amended and reor hired to read as follows Sec 1 -1 Defamitions 10 Agency means any person engaged in the basiness, service or 11 regular act a - it r, whether or not for prcf2-t, of transporting 12 persons who are sick, 1niur d, wounded or otherwise incapacitated 13 or helpless, or of rendering :Lame a to medical care to such 14 persons 15 Emergency medical service vehicle means any W qP W W W W W New 1 vehicle, vessel, aircraft 20 or arnbulanoe that holds a valid emergency medical services vehicle 21 Tpermit issued by the Office of Emergency Medical Services that is 22 ecTu i imed,� aintained or opt ted to provide emer encmedical care . or , t ar_s o t a-t low of p � Tents who are sick, i iured, wounded or 24 otherwise incapacitated cr helpless 25 COMMENT 26 Amending §10 -1 changes the current definition of "'Emergency Medical Service Vehicle" so that it 27 mirrors the definition frond in the Code of Virginia 28 29 Sec 1 42 Permat required 30 a) In accordance with section 32 1--111 14 of the Code of 1 �/irginia, as amended, it shall be unlawful for any individual or 32 organization to operate an emergency medical services agency, or 33 any ernerqericy,meedical services vehicle in the city for emergency 34 transport purposes or nonemergency transport purposes, w3-thout 35 first being granted a permit to do so by the city council 36 COMMENT 37 Amending §10 5- a changes the reference from the old State Code section to the current 38 State Code section that gives the City the authority to require permits, and clearly specifies these 39 permits are required for emergency radii services vehicles 0 41 b The provi-sioris of subsection a) above shall not be 42 applicable to the department of emergency medical services, any 43 volunteer rescue squad formally recognized by such department as a 4 provider of emergency medical services within the city, any 45 _ government o erated emergency rneical services _ agency Rrovid 46 sere z e under the author -it f a m u l__ ld_ re meat w3- h the 47 off, or any lifeguard service operating on the public beaches of 48 the city pursuant to a contract with the city 49 COMMENT 50 Amending §10 5-2 (b) exempts government operated emergency medical services vehicles from 51 the permit requirement established in §10 5-2 (a) 52 53 adopted by the City Councii of t}'le C-ity of Virgin-ia Beach, 54 Virginia, on ',---his day of , 23 CA-8712 DATA CFDIN/PROPOSED 1 -1 and 1 5-2(a) ord2 pd February 13, 2003 APPROVED AS TO CONTENTS EmergencyAfedical Services 3 APPROVED AS TO LEGAL SUFFICIENCY JdA W/ Department of Law 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Ordinance to Amend the City Code Pertaining to Fire Permit and Inspection Fees to Reduce the Fees for small Facilities and Authorize Fee Waivers for Permits Required for City Contracts MEETING DATE February , 2003 i Background During the FY 2i 3 budget process City Code § 12-49 1 was approved, which imposed new permit fees for the use, storage and handling of certain hazardous materials and processes that create fire and life safety concerns The requirement became effective January 1, 2003 i considerations Under the current ordinance, events held in fined facilities could have a reaccurnng cost for identical events that require permits, since a fire inspection (s part of the permitting process However, the coal of the existing ordinance is to offset service cost by the Fire Department for inspections reoccurring event that is properly inspected and approved is ,not normally in need of an inspection prior to a reoccurring event in some circumstances This change in the proposed ordinance will keep inspection fees down for small facilities Another change will allow the City Manager or his designee to waive the permit fee for specific events or incidents This waiver muss be filed with the Fire Department, along with a copy of the contract between the City and the permit application that provides for a mechanism to ensure the safety of the public Public Information The item will be publicized through the advertisement of the City Council s agenda M Alternatives Leave the ordinance as is, which results in higher permit costs to small facility operators and City contractors i Recommendations Approval of the Ordinance IN Attachments ordinance Recommended Acton Approval Submitting Department/Agency Fire Department City Manager �� ?W'� fVoncode/permitfeearf wpd 1 2 4 5 6 12 14 15 1 17 1 l 1-10 21 22 2 24 25 2 27 28 AN ORDINANCE To AMEND THE CITY CODE PERTAINING To FIRE PERMIT AND INSPECTION FEES TO REDUCE THE FEES FOR MAID � FA I L I" DES AND AUTHORIZE FEE WAFTERS FOR PERMITS REQUIRED FOR ITi CONTRACTS SECTION AMENDED § 12-49 1 ICE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VI GINIA BEACH, IINI 'ghat Sectior 12-49 1 of the Cole of the City of Virginia Beach is hereby amended and ordained to read as follows Sec 12 - 1 Fees fox RermIts and xnspectxons Fees for permits or inspections required by this article or the Virqinia Statewide Fire Prevention Code are hereby levied in accordance with the following schedule (a) Reinspection fee for ' second re -inspection and every subsequent inspect., -op to demonstrate compliance with tie Virginia Statewide Fire Prevention Code -- Twenty f 3-ve dollars ( 25 0 ) (g) A sem ly or education occupancies i) Annual permit fee for facilities with ���-- � 50 to 99 persons - Fifty dollars ( 50 00), i-i-} Anneal permiLt fee for faoi-lit i-es with 100_ to 500 persons - One hundred dollars ( 100 00)t iii) Ar nual p �m�t fee for f is]-l�ties 500 or more persons - one hundred f-ift y dollars ($15 ). 29 � iv) ABC inspection fee - Fifty doli-a 's ( 00), 30 ( Recalculation of occupancy Load fee - Fifty dollars 1 0 00, 32 33 The fees imposed uursuant to this section shall be used to 34 def ray the cost f enforcement and appeals under the Statewa-de r ire 3 Pre q nt i n Code The Citv Manaaer or his designee e may- waive any of 36 these _fees for Perm -its re �u, -red in the ex'f x'xna e_ tract { with tree City of Tvirq .nia Beach, _Tprovided that a written waiver is 38 Bled with the Fare De a tment alonu with a c=v of the contract 39 COMMENT 40 The change in section provides that no permit fee will be charged for small facilities The 41 change in the last sentence of the ordinance permits fees to be waived when the permit is required in 4 the performance of a City contract The permit and inspection are still required 43 Adopted by the City Council of the City of Virginia Beach, 4 argiria, can this � day o � � 11 20 : CA-8703 RDIN PPOP SED 12-049 lord wpd P- a r{24, 2003 APPPOVED AS To CONTENT 402 -ivj:L Fire Department APPROVED AS TO LEGAL SUFFICIENCY Aej city t ornyf Offs CITY OF VIRGINIA BEACH AGENDA ITEM ITEM A Resolution Requesting the Governor to Declare the City a Primary Disaster Area by Reason of Drought Damage to the City's Corn Crop MEETING G DATE February 25, 2003 0 Background Drought conditions in 2002 caused significant damage to corn crops produced b fanners in the city, resulting in an estimated reduction of corn grain yield from the five - year average of 140 bushels of corm per acre to an estimated 90 bushels per acre, a loss of % Recent legislation enacted by Congress has expanded the opportunities for obtaining disaster relief assistance for affected farmers ■ Considerations Tie pfoposed fesosutson requests the Governorto declare Vtrgmsa Beach a disaste: area by reason of the drought damage to the City's com crop Such a declaration would enable affected farmers to obtain federal disaster assistance from the United States Department of Agncuiture N Public Information Advertisement will be as a normal agenda item 0 Alternatives If the Resolution is not adopted, it is unlikely that the Governor would declare a disaster, thereby jeopardizing the ability of affected farmers to obtain assistance 0 Recommendations Adoption ■ Attachments Leiter from Robert P Vaughan, President Virginia Beach Frain Bureau Letter from Cal Schiemann Extension Agent, Agriculture & Natural Resources Recommended Action Approval Submitting Department/Agency Agriculture Department City Manager Cr 4 v3'`I FAA R �-,IUKEAU' - GI IA WRGIHbk BEACH FARM BUREAU 105 I 'rjnce>s Anne Road Virginia Beat-h Virginia c-r r `a /) -115 e Fax ) 4 ') C rm j76kbvafb corn Febrijary 7, 2003 Transmi1ted by Fax a2s-sssa Jack Whitney, Director Department of Agnculture Building 14 — Murnapal Center Virginia Beach VA 23456 Dear Jack The Virginia Beach Farm Bureau Board passed a resolution for disaster relief assistance at As November 2002 board meetrng Since then we have been alerted that a budget amendment on disa��ter declaration has passed both houses of Congress and is presenty in conkrence commsttee, so time m of the essence By way of this letter, we are requesting that you move forward with emergency presentation and passage for such disastet declarabon by the Virginia Beach City Caunal as quickly as possible I apologize for this late request and thank you in advance for your assistance in this mai#er Sincerely, Robert P Vaug an, President PV/lp Pc Con rim n Edward Schrock Fax -54 VUVM.a rjUiTech W 1kL I \ I A POLNTECH\IC INSTII L TE -\\D STNTE L \I% ER51TY irginia Cooperative Extenc.. Virginia 8c=t CXF= 2449 Prmccss Anne Road VA Beach 2345 Phone 7 7 274769 FAX 7 7426`5694 eschiema@ vbgov com February 7. 200 Mr lack Whitney, Director Vugmia Beach Department of Agriculture 2449 Princess Anne Road Vugqrna Beach, VA 23456 Dear Jack ri 1 IR I\I % TATE Lhis%>r RSITN I recommend that Virgmia Beach City Council make a request to the Governor's Office faragncnitural disaster declaration for the Cary, of Virgiwa Beach The timefrarne for tins disaster began dunng the summer of 2002 and contmued throexgh the end of the year The request for disaster declaration is made at this tune because there is a budget amendment before the US Congress that will benefit our gam farmers The city must be declared an agriculture disaster area for our farmers to qualify for these proposed benefits Time is critical Two different weather conditions caused these crop disasters Crops must have a minimum 300/a crop loss to qualify for disaster area status Corn Crop A drought began in June of 2002 and ended rn October, after the corn crop was harvested 2002 average darn graiin yield for the city is estimated at 90 bushels per acre across the estimated 6.,800 acres planted The city's 5-year corm- yield average isI40 bushels per mere National A ncultural Statistics Service, Jan 2 The 2002 corm crop sufFered an estimated 36 per cent yield loss Water Wheat Crop Excessive rainfall began m October prior to normal winter wheat planting Fields quickly became too wet to plant wheat or harvest soybeans on tune A few well -domed fields were planted dunng the normal nud October — early December planting window Frequent and heavy rwn continued through the fall and early venter Soybean harvest was severely delayed and very few crop acres were planted in wheat dunng the normal planting wmdow The 5-year wheat average in via Beach is 6,500 acres An estimated 2,500 acres were planted for the 0 -- 0 3 crop year seventy-five percent of these acres were planted after the recommend planting date, and 0% of the seed rotted in the cold, wet soil and did not germinate In man fields, much of the wheat has drowned For the seed that did g umte and survived, the seedling plants are creak and immature and wall not produce a normal yield this sprang The winter wheat crop loss in Virguna Beach will exceed 75 percent wwwextvtedu Extension is a jwnt program offirginia Tech Virginia State University the U S Department ofAgricukure and ,state and local goverrrments VLr-inij C(x) rjiivt, EYc[Lnmon pro -rum-, inch t-inployinunt ire open to AI rL- irdle N k>I raLe �.olor reai�ion ex JCS. XLtLran %t.itu-. wtiona I onm « dIN LhiIP1% or }x 111iwI ail tLIiation A n �.,qu it opportuni(y/ iI Girmarive ai-tion tmp]nvLr Mr Jack Wbtney Page The fmiure of these crops meet the 30% threshold for re uestmg disaster declaration according to the Umted States Department of Agneulture in VLrgima Beach, crop losses were due to both excessive dry summer conditions and excessive late fall/early winter rain Virguna Beach farmers affected by these pond ions will incur adverse financial impacts A duster declaration from USDA will allow Virgima Beach farmers to he eligible to participate m dxsastcr assistance progr-ams Thank you for your attention to tlus matter and please contact me if can supply u-t er uxformatioo Sincerely, Calves A Smann Extension Agent, Agriculture & Natural Resources I A RESOLUTION E UESTI T THE GOVERNOR To DECLARE THE CITY A PRIMARY 3 DISASTER AREA BY REASON of DROUGHT 4 DAMAGE TO THE CITY;S CORN CROP 5 WHEREAS, the City of Virginia Beach experienced extreme drought during the 2002 growing season, and WHEREAS, such drought conditions caused significant damage to corn crops produced by farmers in the City, resulting zn an estimated reduction of corn grain yield from the fire - year 10 average of 140 bushels of corn per acre to an estimated 90 bushels 11 per acre, a loss of %, and 12 WHEREAS, as a result of the aforesa3-d crop losses, 13 Virginia Beach farmers have incurred, and will continue to incur, 14 significant adverse financial impacts, and 15 WHEREAS, Virginia Beach farmers are in need of federal 16 assistance in responding to their losses, and 17 WHEREAS, a declaration of disaster by the Governor would 18 allow Virginia Beach's farmers to be eligible to participate in 19 federal disaster assistance programs administered by the United 20 States Department of Agriculture (USDA), 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of THE CITY 2 OF VIRGINIA BEACH, VIRGINIA 23 That the City Council hereby respectfully requests the 24 Governor of the Commonwealth of Virginia to declare the City of 25 Virginia Bead a primary disaster area arising from damage to the 26 ity' s corn crop as a result of the extreme drought during the 2002 7 growing season, and that the Governor take such other and further 8 measures as he deems appropriate to request federal disaster 29 assistance for the City' s farmers 88 Adopted by the Council of the City of Virginia Beech, 31 Virginia, on the day of CA-873 0DIN0NCDoornd1sasterrs wpd -1 February 14, 2003 a, 2003 APPROVED AS TO CONTENT Agriculture Departrne APPROVED AS TO LEGAL SUFF CIE CY 11)JA0 Alit of /J//p D paftffint of Law 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM! A Resolution Requesting the Governor to Declare the City a Primary Disaster Area by Reason of Damage to the City's wheat Crop Caused b Excessive Rainfall MEETING DATE February 25 23 ■ Background Excessive rainfall before and during the winter wheat growing season in 2002 caused signffr ant damage to wheat crops produced by farmers (n the Crty, resuItIng in an estimated reduction of wheat grain yield from the five - year average of about % Recent legislation enacted by Congress has expanded the opportunities for obtaining disaster relief assistance for affected farmers N Considerations The proposed resolution requeststbe GovernortodeolareVirgti is Beach adisaster area by reason of the damage to the Crty's wheat crop such a declaration would enable affected farmers to obtain federal disaster assistance from the United states Department of Agriculture ■ Public Information Advertisement will be as a normal agenda ,tern a Alternatives If the Resolution is not adopted, it is unlikely that the Governor would declare a disaster: thereby jeopardizing the ability of affected farmers to obtain assistance 0 Recommendations Adoption of resolution R Attachments Letter from Robert P Vaughan, President Virginia Beach Farm Bureau Letter from cal Schiemann Extension Agent Agriculture & Natural Resources Recommended Action Approval Suomi ing DepartmentJAgency Agriculture Department City Manager )L-.,Z>rd f-r " i but L- -iU t- HAS NU ( (4 bwzo F- eb ( 11 ubpjm VIDrZINIA BEACH FARM BUREAU i vincins Anne Road * Virginia Be& h Vj(9j%ar 41,1 + ( `i /) 4 115 * Fax 75 ) 426 631, 3 E n 17 QNzfb coin February ry . 2003 Tr nsm t#ed by Fax 2@,4 ,hack Whitney, Director Department of Aricufure Building 14 — Municipal Center Virginia Beach VA 23456 Dear Jack The Virginia Beach Farm Bureau Board passed a resolution for disaster rEliet assistance at its November 2002 board meeting Since then we have been alerted that a budget amendment on disa�Aer declaration has passed both houses of Congress and is presently in conference committee so time as of the essence By way of this letter we are requesting that you move forward mth emergency presentation and passage for such disaster declaration by the Virginia Beach City Council as quickly as possible I apologize for this late request and thank you in advance for your assistance in this matter Sincerely, Robert P Vaug an, President p Pfp Congressman Edward Schrock Fax 497-5474 r vumio Tech Virginia Cooperative Extension W, AND STATE L CAI% 1 RS1T) Virginia Beach Office 2449 Pnn -ss Anne Road VA Reach 23456 Phone 757A27-47 FAX 7 7- 26- 4 cschierna@vbgo February 7 2003 Mr Jack VvIntney Director irgima Beach Department of Agriculture 2449 Princess Anne Road Virgirna Beach, VA 23456 Dew ,hack x X � x� V 1k INI 4 ';TATF L NI\ LR 1T) I recommend that V ugima Beach City Council make a request to the Governor's Office for agricultural disaster declaration for the City of Virgima Beach The timeframe for this disaster began during the summer of 2002 and continued through the end of the year The request for disaster declaration is made at this time because there is a budget amendment before the US Congress that will benefit our grain farmers 1'!ie city must be declared an agriculture disaster area for our farmers to qualify for these proposed benefits Time is cnncal Two drfterent weather conditions caused these crop disasters Crops must have a minimuni 3 % crop loss to qualify for disaster area status Corn Crop A drought began in .dune of 2002 and ended in October, after the corn crop was harvested 2002 average corn grain yield for the city is estimated at 90 bushels p T acre across the estimated 6,800 o acres planted The city s 5-year corn -yield average i 14o bushels per acre (National AgnculturaJ Statistics Service, ,fan 0 3) The 2002 coda crop suffered an estimated 36 per cent yield loss winter Wheat Crop Excessive rwnf l began in October prior to normal winter wheat planting Fields quickly became too Bret to plant wheat or barvest soybeans on time A few ll-&ain d fields iAere planted during the norinal raid October — early December planting window Frequent and heavy ram continued hough the fall and early winter Soybean harvest was severely delayed and very few crop acres were planted in wheat dung the normal planting vnndow The -year wheat average in Virgirua Beach is 6,500 acres Are estiLmated 2,500 acres were planted for the2002-2003 crap year Seventy-five percent of these acres were planted after the recommend planting date, and % of the seed rotted in the cold, wet soil and did not germinate in many fields much of the wheat has drowned For the seed that did germinate and survived, the seedling plants are weak and mature and will not produce a normal yield this sprang The winter wheat crop loss in Virgpua Beach will exceed 75 percent www t v[ ed u Extension is o joint program o f Virginja Tech Virginia State University the U S Department o f Agriculture and state and local governments %,n,inm C'()perJIIVL Erten wn prr}-r.)ni and emplovmLm are OpLn to all re!jrjIL of race calm rdi-ior sex 1 iL- N, iLran uEo!,, nazionaI OTL-in di%-ahIIItN OT POI 11It, 11 1 ffilwtion An equal opposun ff� /J J firma[iv dt.ILOn ernpIover Mr Jack Mutney Page The failure of these crops meet the 0% threshold for requestmg dieter declaration accordmg to the Umted States Department of Agneulture In Virginia Beach, crop losses were due to both excessive dry summer conditions and excessive late fall/early meter rain V xrgmia Beach farmers affected by these conditions will incur adverse financial impacts A disaster declaration from USDA will allow fir ma Beach fanners to be eligible to participate in disaster assistance programs Thank you for your attention to thas matter and please contact me if can supply further mformation Sincerely Calvin A Schaemann Extension Agent, Agriculture & Natural Resources 1 2 3 4 5 9 10 11 12 1 14 1 16 17 1 1 2 1 2 2 24 2 2 A RESOLUTION REQUESTING THE GOVERNOR TO DECLARE THE CITY A PRIMARY DISASTER AREA BY REASON o't` DAMAGE To THE CITY' 8 WHEAT CROP CAUSED BY EXCESSIVE RAINFALL LL WHEREAS, beginning in October 2002, the City received an excessive amount of rainfall, which excessive rainfall continued through the fall and early winter of 2002, and WHEREAS, as a result of such excess -.ire rainfall, fields became too wet to plant wheat on time.. and W E EPS, as a result of such c si-ve ra�nfall, are estimated 2,500 acres of wheat were planted in Virginia Beach, as compared to the five - year average of 6,500 acres, and WHEREAS, 7 of those 2,500 acres were planted after the re o=ended planting date, and f the seed which was planted failed to germinate, and WHEREAS, the seeds that did germinate have developed into weak and irunature seedl�ngs and will not prodace a normal yield this spring, and WFE E S , the printer whet crop loss i-n Virgo i-a Beach will exceed %, and WHEREAS, as a result of the aforesaid crop losses, Virginia Beam farmers have incurred, and will continue to incur, significant adverse financial impacts, and WHEREAS, Virgin., -a Beach farmers are .Ln need of federal assistance in responding to their losses, and 7 WHEREAS, a declaration of disaster by the Governor would 28 allow Virginia Beach's farmers to be eligible to participate in 29 federal disaster assa-stance programs administered by the United 0 States Department of Agriculture (USDA), 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 32 F VIRGINIA BEACH, VIRGINIA 3 That the City Council hereby respectfully requests the 34 Governor of the Commonwealth of Virginia to declare the City of 35 Virginia Beach a primar disaster area arising frOT damage to the 36 City'wheat crop as a result of the excessive rainfall occurring 37 both before and during the current winter wheat growing season, and 38 that the Governor take such other and further measures as he deems 39 appropriate to request federal disaster assistance for the City' o farmers 41 Adopted by the Council of the City of Virginia Beach, 2 Varglnia, on the dam of 11 Zoo CA-8762 DIN\N0NCODE wheatdisasterres wpd -1 February 1, 2003 APPROVED Z�S TO CONTENT APPROVED AS TO LEG7IL SUFFTCIENCY C7� gr culture Depar-t nt Ca-ty ttorney" s Offi6e 2 ACIc � s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Resolution Accepting and Approving the Report of the Virginia Beach Transition Area Te hnicei Advisory Committee and Designating the Recommendattons Therein as Interim Guidelines for the Interpretation and Application of the comprehensive Plan MEETING DATE February 25 2003 ■Background Orn August 27 2002, the City Council established by resolution the Virginia Beach Transition Area Technical Advisory Committee (the'Committee , which was charged with the responsibility of recommending to the Planning Commission technical means of clarifying the portion of the comprehensive Flan concerning the Transition Area consistent with the vision for the Transition Area as expressed by City Council during its August loth workshop on the subject The Committee held 11 workshops sessions all of which were open to the pubiic, 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 co n ciI 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 28 and February 11 (before the City Council) IN Considerations The proposed Resolution indicates the city Coun il's acceptance and approval of the Transition Area Committee's report and designates the recommendations contained in the report to serge as interim guidelines for the interpretation and application of the provisions of the Comprehensive Plan as it applies to the Transition Area until such time as the Comprehensive Plan is reviewed and amended in accordance with applicable law 0 Public Information The Transition Area Committee's work has been a veal 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 27, and the city Council received public comment on the report and recommendations on January 28 and February 11 ■ Recommendations Adoption of Resolution ■ Attachments Recommended Acton Approval Submitting Department/Agency Planning Department City Manager Y. , 7a vei�-t U 1 3 5 6 8 9 1 11 1 1 1 1 1 I7 1 1 2 21 22 23 2 2 2 28 A RESOLUTION ACCEPTING PND APPROVING THE REPORT OF THE VIRGINIA BEACH TRANSITION AREA TECHNICAL ADVISORY COMMITTEE DES I SAT IN G THE RECOMMENDATIONS THEREIN AS INTERIM GUIDELINES FOR THE INTERPRETATION AND APPLICATION OF THE COMPREHENSIVE PLAN WHEREAS, on August 27, 2002, City Council estaolished by resclution the Virginia Beach Transition Area Technical Advisory Committee (tree Committee") and WHEREAS, the Committee was charged wa-th the responsibrla-ty of recommending to the Planna ng Co mis zon technical means of clarifying the portion of the Comprehensive Plan ooncern�ng the Transit -Lon Prea consistent with the vision for the Transition Area as expressed by City Council during its August " workshop, shop, and WHEREAS, the Plann-ing Commissi-on was briefed on the Comm-:-i.--tee's report ard recoedatiens on .January 13, 2003, and final version of such report and recommendations was presented to the Planning Commission on Januar27, 2003, at which time members of the public were permitted to comment upon the said report and recommendations, and WHEREAS, the Planning Commission accepted and approved the report of the Committee presented to the Commission on January 271 2003, and recommended to the City Council that the report an the recommendations therein serge as interim guidelines for the Interpretation and application of the provisions of the 29 Comprehensive Plan as it applies to the Transition Area until such 0 time as the Comprehensive Plan is reviewed and amended in 1 accordance with aovlicable law, and 2 WHEREASr the City Counczl rece� ed substantial publao 33 comment concerni-ng the report of the Commi-ttee at the Counc3-1 34 meetings held on January 28, 200-3 and February 11, 2003, 35 TI R R Br TT RESOLVED BY THE CITY COUNCIL 7 THE NOW, 36 CITY OF VIRGINIA BEACH, VIRGI IA 7 That the report of the Committee is hereby accepted and 8 approved, and the recommendations contaa-ned in the report shall 9 serve cas inter-Lm guidelines for the interpretation and application D of the provisions of the Comprehensive Flan as it applies to the 41 Transition area until such time as the Comprehensive Plan is 2 rev.:.e ed and amended in accordance with applicable law 43 Adopted by the City Council of the Ca-ty of Vargania 44 Beach, Virginia, on the day of if 2003 CA-8725 m or r s transitiona rear s wpd February 19, 2003 APPROIvED A.S TO CONTENT Ir - , Z-t1.o3 Planna-epartment APPROVED AS TO LEGAL SUFFICIENCY e Law Department 2 V91A r� c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Restructure ture of the Outstanding Obligation of the Virginia Beach Development Authority MEETING DATE February 25,2003 Background Council considered this matter at its October 1, 2002, meeting, when the matter was deferred The Council liaisons to the Virginian Beach Development Authority, Air .hones and Mrs Sure, have asked that the matter again be placed on Council's agenda ■ Considerations Approval provides for i) cancellation of $1,236,331 in accrued interest, and u restructuring the remaining balance of $6,266,137, effective March 22, 2002, into two non -interest bearing notes ■ dote 1 in amount of $4,830,936 secured by 31" street Property payable from net proceeds of sale or ground lease of 31"5' Street property ■ Note 2 in amount of $1,425,201 secured by remaining parcels at Corporate Landing and Dceana Vilest Payable from 2 % of net proceeds from land sales Remaining proceeds used to fund infrastructure and strategic rand acquisitions ■ Public Information Public information will be handled through the normal Council agenda process ■ Alternatives Alternatives to restructuring the outstanding obligation and cancellation of the accrued interest are (1) cancel all principal and interest of the outstanding obligation, or (2) do not cancel or restructure the outstanding obligation Under any option, the City may need to advance funding to assist in the development of infrastructure ■ Recommendations Approval of Ordinance to restructure the Virginia Beach Development Authority's outstanding obligation and to cancel the accrued interest portion of the obligation ■ Attachments Ordinance with Term sheet Recommended Action Approval Submitting Department/Agency Department of Economic Development City Manager F \DataL TY\Forrns�ommercial Pro3ccts V D D A Loan Agenda Request doc I AN ORDINANCE TO RESTRUCTURE THE CITY OF VIR 11I BEACH DEVELOPMENT EI T AUTHORITY'S OUTSTANDING OBLIGATION T� Thy CITY T �F VI1IAE s WHEREAS, since its establishment by the Virginia General 7 Assembly in 1964, the Virginia Beach Development Authority 8 ("Development Authora-t ") has partnered with the Caty of Virgin-ia Beach ("City" to facilitate expansion of the C.1ty's tax base 10 through increased business _Lnvestment and the creation of 11 employment opportunities within the City, 12 vvAERE S, the City nas maae ;, arious icans to the 13 Development Authority for the acquisition of real proper't V and the 14 development and on trut1on of infrastructure, the balance of 1 rwhich were consolidated by and the terms of which are set forth in 'L 6 that oerta_Ll r.`its 1�datacr, Mo �.f,,_oat1on Reve al Ac reemer L_ 17 dated as of March 1, 1996, 16 Wr iEREA , piapsuan� to Loan Agr e eri- , tie ? oars rs 19 interest -free and no principal payments are due on the loan until 20 t ,e date that the Development Authority pays in full its 21 outstanding loan from Bank of America, N A , 22 WHEREAS r the Development Authority s loan from Bank o 23 America, N A was paid in full on March 22, Zoo f 24 WHEREAS, pursuant to the Loan Agreement between the City 25 and tree Development Aur-norrty, after payment in full of the Banc of 1 26 America loan, interest begins to accrue on the outstanding loan ? balance and principal payments are to JAG paid in the amount of 95% 28 of net land Sale proceeds from land soli by the Development 29 Authority, 30 WHEREAS,, Resolution R S- 0 4 1 adopted by the City 1 Council on June 25,. 2002,, the City Council agreed to susr )end unt i l 32 September 30, 2002, the interest a x-u l and payment provisions of 3 the loan, 304 WHEREAS, the current balance f the Citys loan to the 35 Development Authority is $ , 1, ($1,235,331 of which is 36 interest accrued since 1974 and the balance of which is principal), and 38 WHEREAS, in an effort to maintain a financially strong -39 Development Aut oritwhich in turn, will help the City achieve 40 its economa-c vi-tali-ty goals, it is a-n the City's anterest to 41 facilitate repayment of the loam i) by extinguishing the 42 Development uthoraty' obla-gation to pay the exasta-ng accrued 43 interest in the amount of $11235r3311 and (ii) by restructuring the 44 loam in accordance with the terms of the Term Sheet attached hereto 45 as Attachment A 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 7 of VIRGINIA BEACH, VIRGINIA 48 1 That a-n recognition of the Virginia Beach 49 De ielop ent Author a-ty's contribution to expanding the tax base of 50 the City of Virginia Beach and in recognition of the importance o 1 financially supporting the commercial development activities of the 52 Development Authority, the Development Authority's obligation t S3 repay, $1,235,331 of outstanding accrued interest on the loan rude 54 by the City to the Development Authority is hereby extinguished 5 2 The City Council hereby approves and authorizes the 56 restructuring, effective as of Mardi 22, 2002, of the Development 7 Authority's loan from the City in the outstanding amount of sa $6,256P137, in accordance with the terms of the Term Sheet attached -9 hereto as Attachment A a 3 The City Council of the C-ity of Virginia Beach 1 hereby authorizes and directs the City Manager and the City 62 Attorney to draft the documents necessary and appropriate to 63 restructure the loan in accordance with the terms of the Term sheet 4 attached hereto as Attachment The City Manager is authorized to execute and deliver 66 the necessary documents to effectuate the terms of this ordinance{ 7 so long as such documents are consistent with the terms of the Term s Sheet and have been approved by the City Attorney 69 69 0 71 7 73 74 75 7 � f7 78 7 0 81 8 83 8 8 88 89 9 1 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of APPROVED AS To CONTENT 1 I T • -of Econo7m Development APPROVED AS TO LEGAL SUFFICIENCY 0 City Attorney CaL-8608 14, 2003 F ,Data A7Y\ rdin NONCODE BD aariRe tructure ord4 doc 4 23 ATTACHMENT TERM SHEET Restructure of City's Loan to Virginia Beach .Development Authority I Existjn Lroart Principal S6256 I37 Accrued Interest $1,235,331 Total $7 491 468 Se u_nty ecurl 1 Remaining Acreage- Approximate Value 0 Lien Oceana West Industrial Park 24 acres Si 920M to ? 4M ($8OK to 1 OK/acre I"i Lien 315` Street parcel south of31#` 1 033 acres $? 075M $45/sq ft Street (riot including SAS parcel north of'31" Street) Other Assets Property Remaining Acreage Approximate Value Corporate Landing Business Park 233 acres 7 960M 1 acre SAS Parcel (North of 31" Street 43 acre { 1 8 750 sO S825 1 II Restructuring Proposal 4 City cancels all accrued interes on Doan (S 1 2 35 331 • City separates r rnalning pnnclpaI balance into two separate non interest bearing dotes 1 Note 1 in pnncipal amount of S4 830 936 (representing 3 883 786 attributable to south portion of31` Street property and $947 150 in carrying costs' for 31 ` Strut Property) secured by first lien on 31' Street property Upon the sale or ground lease of 31" Street property City releases lien on 11" Street property and net proceeds paid to City in full satisfaction of the note as and when payments are received 3 Vote 2 in principal amount of S 1 45 201 secured by first lien on Corporate Landing and Oceana West Principal payable from % of proceeds from land sales • Effective March .12 2002 III Covenants • NVhjle loan outstanding V BDA to incur no additional debt without City approval • All net proceeds *om sale of ground lease of 3 1" Street property paid to City as and whe-1 recei,ed • 0% of net proceeds generated from all land sates in Corporate Landing and Oceana West used by VBDA to repay loan Remaining net proceeds from land sales in Corporate Landing and Oceana West used b} VB] A to fiend its infrastructure requirements and to fund strategic land acquisitions IV Existing Monies Twenty percent %) ofthe net sales proceeds currently being held by VBDA from property sales in Corporate Landing ardservices and Oceana Nest Forbes Candies and Half paid to City at restructure closing ' Price may+ VarY deptnding on de %Felopabih Y Of p2rcels Including accrued interest appraisal fees real estate taxes engineering fees title exanvnation fees consultant s Tees f6r laid u e planning and legal fees F D2tz ^T-Y\Form �DF-),,kUTH\TER.NISNEET ,.er dac No embc 18 00 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Amendment of Documents With Respect to TPC Golf Facility to Accommodate First Tee of Virginia Beach, a Junior Golf Academy MEETING DATE February 25, 2003 ■ Background on October 8, 1997, the City of Virginia Beach and the Virginia Beach Development Authority entered into a ground lease for approximately 500 acres of read property located in the Lade Ridge area of the City The leased area consists of two separate parcels described as the Facility Site, which contains approximately acres, and the option Parcel, which contains approximately 186 70 acres y Sublease dated October 8,1 , the VBDA sublet the Facility site to TPC of Virginia Beach, L L C for the development and construction of an 1-hole golf course, and granted TPC an option to sublease the Option Parcel for the possible development and construction of a second 1 -hole facility TPC has constructed a Tournament Players Club golf course, clubhouse and related amenities on approximately 254 acres of the Facility site and is operating the facility as the Tournament Players Club of Virginia Beach under a license agreement between TPC and the PGA Tour In a Memorandum of Understanding dated May 16, 2000, the City, VBDA, TPC, and Hampton Roads Junior Golf Foundation agreed to the development, construction, and operation of a junior golf academy to be known as First Tee of Virginia Beach on approximately 60 acres composed of a portion of the Facility Site and a portion of the Option Parcel, under a sub -sublease with TPC f Virginia Beach, L L To accomplish the development, construction and operation of first Tee and to conform the Sublease so that it covers only the Facility Site acreage actually utrlized for the construction of the TPC golf course protect, it is necessaryto cause the reconfiguration of the Facility Site and the Option Parcel such that (a) the Facility Site is increased from 309 50 acres to 313 53 acres and includes the site on which First Tee is constructed and (b) the Option parcel is reduced from 786 70 acres to 920 78 acres The amendatory documents (1) reflect the reconfigured FacilitySite and the reconfigured Optian Parcel (2) provide for the City's consent to TPC's entry into a sub -s u ble a se with the Foundation for a portion of the Facility Site to First Tee, and (3) provide for the reduction in rent of the portion of the Facility Site subleased by TPC to the Foundation for First Tee The VBDA approved a resolution to execute the amendatory project documents on January 21s 2003 Considerations Approval will fulfill the terms of the Memorandum of Understanding, dated May 16, 2000 Public Information Public information will be handled through the normal Council agenda process ■ Recommendations Approval of Ordnance authorizing the City Manager to execute amendatory project documents with respect to TPC Golf Facility to accommodate First Tee of Virginia Beach Attachments Ordinance Modification Agreement Addendum to Sublease Agreement Recommended nded Action Approval Submitting Department/Agency City Manager Q6IL if Department of Economic Development �1 I ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTEAMENDATORY PROJECT DOCUMENTS TS WITH RESPECT TO TPC GOLF F AkCILITY TO ACCOMMODATE FIRST TEE OF IRGINIA BEACH, A SI R GOLF ACADEMY 7 WHEREAS by Ground Lease dated as of October 8 1997 bem een the City of Virginia Beach (the "'City" and the City of Virginia Beach Development Authonty ` V DA' 1 (the "Ground Lease""), a Memorandum of which is recorded in the Clerk's Office of the Circuit 11 Court of the City of Virginia Beach, Virginia in Deed Book 3799, page 626 the VBDA leases 12 from the City approximately 500 acres of real property located in the Lake Ridge area ofthe Cit� 1 (the "Leased Premises') The Leased Premises consists of parcels separately described as the 14 Facility Site, which contains approximately 9 50 acres, and the Option Parcel, which contains 15 approximately 186 70 acres, 16 WHEREAS, by Sublease Agreement dated as of October 8, 1997, between 17 VBDA and TPC of Virginia Beach, L L C , a VITglnia limited liability compan TPC" (the 1 "Sublease l a Memorandum of which is recorded in the aforesaid Clerk's Office in Deed Book 19 3799, at page 63 1, VBDA subleased the Facility Site to TPC and granted to TPC an option to 20 sublease the Option Parcel, 1 WHEREAS, pursuant to the Sublease a and that certain Development Agreement 22 dated as of October 8, 1997between VBDA and T (the "Development Agreement"), TPC 2-3 has constructed a Tournament Players Club golf course, clubhouse and related amenities upon 4 ±254 acres of the Facility Site and is prebentl y operating the facility as the Tournament Players 5 Club of Virginia Beach pursuant to the terms of a license between TPA' and the PGA TOUR, 26 WHERFAS, pursuant to that certain Memorandum of Understanding dated May 7 165 2 among Hampton Roads Junior Golf Foundation, a Virginia corporation (the 1 28 "Foundation""), TPC, VBDA and the City, the parties agreed to the terms for the development, 29 construction and operation ofa junior golf academy known as First Tee of Virginia Beach `First Tee") on an approximately -acre parcel of property constituting a portion of the Facility Site 1 and a portion of the Option Parcel, 32 WHEREAS, to accomplish the development, construction and operation of First 33 Tee and to conform the Sublease so that it covers only the Facility Site acreage actually utilized 34 for the construction of the TPC golf course project, It is necessary to cause the reconfiguration o 35 the Facility Site and the Option Parcel such that a the Facility Site is increased from '36 acres to 313 52809 acres and includes the site on which First Tee is constructed and the 37 Option Peel is reduced &om 186 70 acres to 120 78 acres, -18 WHEREAS, the entry by TPC into a sub -sublease with the Foundation for a 39 portion of the Facility Site requires the approval of VBDA and the City, and 40 WHEREAS, the Cjq Manager seeks authorization to execute and deliver(a) a 41 Modification Agreement Which modifies the Development Agreement, the Sublease and the 42 other TPC Pro ect documents to reflect the reconfigured Facility Site and the r confi axed 43 Option Parcel, and an Addendum to Sublease Agreement iNhich i reflects the reconfigured 44 Facility Site and the reconfigured Option Parcel, n provides for the City's consent to TPC's 45 entry into a sub -sublease with the Foundation for a portion of the Facility Site for First Tee, and 4 m provides for the reduction in rent of the portion of the Facility Site subleased TPC to the 47 Foundation for First Tee, each in substantially the same form as the proposed documents 48 provided to Council and on file in the City Clerk s Office 9 NOW THEREFORE, BE IT ORDAMIED BY THE COUNCIL OF THE CITY 0 OF VIRGfNIA BEACH IRGINIA, 1 52 5 55 56 7 58 9 60 61 62 64 6 6 7 68 69 o 71 -72 73 7 7 76 77 78 o 1 8' i That the City Manager, acting on behalf of the City of Virginia Beach, is hereby authorized to execute and deliver the following documents to accommodate the development, construction and operation of a junior golf academy known as First Tee of Virginia Beach and to conform the Sublease so that it corers only the Pa ci ht Site acreage actually utilized for the TPC Golf Course project a a Modification Agreement which modifies the Development ment Agreement, the Sublease and the other TPC Project documents to reflect the reconfigured Facility Site and the reconfigured Option Parcel, and b are Addendum to Sublease Agreement which i reflects the reconfigured Facility Site and the reconfigured Option Parcel, n provides for the City s consent to TPC's entry into a sub -sublease with the Foundation for a portion of the Facility Site for First Tee, and iii provides for the reduction in rent of the portion of the Facility Site subleased by TPC to the Foundation for First Tee, each in substantially the same form as the proposed documents provided to Council and on file in the City Clerk's Office Adopted by the Councit of the City of Virginia Beach Virginia on the day of APPROVED AS TO CONTENT Dept of Economic Development APPROVER AS TO GAL CY City Attorney CA-86 9 January 8, 20 F \DaLa\ATN ordtn 0E\TPdoe , 20 3 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT (this `Agreement") is made this A""71day of /%2rn� , 2 0 o, by and among the CITY OF VIRGINIA B EACI I, a municipal corporation ofthe C numonw alth ofVirgirua (the "Cit y" , the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "V DA"), TPC OF IRGINIA BEACH,L L C , a Virgnualin ted liability company "TPC" , RB C CENTLJRABAND, North Carolina State Banking Corporation, formerly First Coastal Bank "Centura" , and PRINCESS ANNE SERVICE CORPORATION, a Virginia corporation "Tn tee" (Forindexing purposes, each of the foregoing parties 1s both a "Grantor" and a "Grantee" DEFMTINS For purposes of this Agreement, the capitalized terms used herein shall have the following meanings A "Assioment of Leases" shall mean that certaan Assig=ent of Leases, Rents and Profits slated as of October 8,, 19971, from TPC to First Coastal Bank, duly recorded in the Clerk's Office in Deed Book 3799, at page 699 "Clerk's Office" shall mean the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia GPIN NO 1494-4 -7 , I4 4 4 97 4, 1494-2 9 7 Prepared by Faggert & Frieder P 1435 Crossways Boulevard Suite 200 Chesapeake VA 23320 "Deed of Trust" shall mean that certain Credit Lire Deed of Trust dated as of October , 1997, from TPC to Trustee, duly recorded in the Clerk's Office in Deed Book 3799, at page 650, securing to First Coastal Bank the maximum principal arnount of $5,500,000 D "Develoment.AgE ement" shall mean that certain Development Agreement dated as of October 8, 1997, between the V DA and TPC providing for the construction of the Facility "FaciI " shall mean the 1 -hole Tournament Players Club golf course, dnving range, practice greens, bunkers and other practice facilities, clubhouse, maintenance facilities, parking areas and related buildings and improvements constructed by TPC pursuant to the Development Agreement and the Sublease F 'T i nancine Statements" shall mean those certain [ACC- I Financing Statements from TPC, as debtor, to First Coastal Bark, as secured party, duly recorded in the Clerk's Office as File No 97- 0 1 , and in the Office of the State Corporation Commission as File No 97-1 -17-71 9 G "Ground Lease" shallmean that certain Ground Lease dated as of October 8, 1997, between the City as landlord, and the V DA, as tenant, entered into pursuant to the Development Agreement H `Int rcreditor Agreement" shall znea.n that certain Intercreditor Agreement dated as of October 8, 1997, by and among TPC, the City the V DA and First Coastal Bark related to the Project I "Loan Documents"' shall mean the Deed of Trust, the Assigrument of Leases, the Financing Statements, the Security Agreements, the Assignment of Construction Documents and all other documents evidencing or associated with the indebtedness secured by the Deed of Trust J "Memorandum of Sublease" shall mean that certain Mem r nd Sublease and Option dated as of October 8, 1997, between the VBDA and TPC, duly recorded in the Clerk's Office in Deed Book 799, at page 631 K "Pro,i ect Documents" steal ] mean the Development Agreement, the Ground Lease, the Sublease, the Memorandum f Sublease the SNDA and the Stormwater Management gement Agreement "SNDA" shah mean that certain Subordination, Non -Disturbance and Attomme t Agreement dated as of October 8, 19 9 7, by and among the City, the VBf A and TPC, duly recorded in the Clerk's office in Deed Boob 3799, at page 677 M "Storrrmw ter _ Management Agreemenf1 shall mean that certain Stonnwater Management Facilities Maintenance Agreement dated October 8, 1997, between TPC and the City, recorded ;n the Clerk's Office in Deed B ook 379, at page ITT 4&sublease' shah mean that certa n Sub]ease Agreement dated as of October 8, 19973P between the VBDA and TPC, pursuant to which TPC has constructed the Facility ITNSST WHEREAS, pursuant to and m accordance with the Project Documents, TP C has constructed the Facility, WH R AS, following completion of the Faxon , the parties desire to adjust the boundaries of the Facility Site (as defined in the Sublease) and the Second Course Option Parcel (as defied in the Sublease), as contemplated in Section 1 2(c) of the Sublease and Sections 6(b), 6(c) and 6(d) of the Interereditor Agreement, to accurately reflect the property being used for the Facility, the 3 establishment of the entrance road to the Facility as a public street nght-of-way and the elimination from the Sublease of certain portions of the Facility Site which are not required for the Facility, WHEREAS, the parties desire to m rnona li a their understanding and agreement as to the description of the Facility Site subject to the Sublease by ente ng into this Agreement Now, THEREFORE, WITNESSETH That for and in consideration of the premises and in ffirtherance of the actions contemplated by the Sublease and the Intercreditor Agreement with respect to the description of the Facility Site, the partses hereto do mutually agree as follows l The descnptions contained in Exhibit A and Exhibit B to the Sublease are hereby deleted and replaced with the descnptions contained in Exhibit A and Exhibit B, respectively, attached to this Agreement 2 The descriptions contained in Exhibit A and Exhibit B to the Memorandum of Sublease are hereby deleted and replaced with the descriptions contained in Exhibit A and Exhibit respectively, attached to this Agreement The de cnption contained m Schedule A to the Stormwater Management Agreement is hereby deleted and replaced with the descnption contained in Exhibit A attached to this Agreement 4 The description contained in Exhibit B to the SNDA is hereby deleted and replaced with the description contained in Exhabit A attached to thus Agreement The description contained in Exbibit A to the Deed ofTryst is hereby deleted and replaced with the desnption contained in Exhibit A to this Agreement The descnption contained in Exhibit A to the Assignment of Leases is hereby deleted and replaced with the description contained in Ehiit A to this Agreement The description contained in Exhibit A. to the Financing Statements is hereby deleted and replaced with the descnption contained )n Exhibit A to this Agreement This Agreement shall be recorded in the Clerk's office to evidence of record the modifications to the Project Documents and the Loam Documents set forth herein The Exhibit replacements set forth in Sections 1-7 above shall be effective as of the clue of this Agreement for all purposes under the Project Documents and the Loan Documents The parties recognize that certain of the Project Documents and the Loan Documents are recorded and may require separate modification instents to be recorded for notice purposes The parties agree to execute such corrective,, amendatory or modification instruments (the "Amendments") as may be required to constitute record notice of the Extubit replacements and to record sarne, with each party bearing its ovum legal fees related thereto, if any, and TPC being responsible for the costs of recordation of the Amendments The Exhibit replacements shall be effective and enforceable by any party by reason of this Agreement, however, whether or not the Amendments are actually recorded The parties agree that any action taken under any ofthe Project Documents, the Doan Documents or any other document or instn nent to which any of the parties is a party and which contains a reference to the Facility Site or the Second Course option parcel "Related Documents"), will be taken by such party, and such Project Documents, Loan Documents ents and/or related Documents will be construed, in recognition of the Exhibit replacements set Forth in Sections 1.7 above axed the changes rnade thereby to the descripti os of the Facility Site and the Second Course Option Parcel The parties agree to execute such other and further docurne is as may be reasonably requested by any party in order to effect the intent of this Agreement 5 10 Any Rebated Documents to which a description of the Facility Site or the Second Course Option Parcel is an Exhibit or is otherwise described or referred to shall be deemed to be modified by the replacement of such Exhibit, description or reference with the description contained in Exhibit A and/or Exhibit B attached to thus Agreement, as appropriate 1 l Except as specifically modified by this Agree enl, the Protect Documents, the Doan Documents and all Related Document shall remain in full force and effect 12 If any provision of thus Agreement shall be held to be mvalid or unenforceable, the remammg provisions of this Agreement shall nevertheless remam in full farce and effect 13 maxis Agreement is made m and shall be govemed, c nstrued and enforced m accordance with the laws of the Commonwealth of Virgnua 14 when the context m which the words used m this Agreement mcheate that such 1s the intent, words ui the singular number shall include the pluml and vice versa, and words ua the masculine gentler shad include the femme and neuter genders and vice versa 15 Tfus Agreement shall be bmdmg upon the parties and their respective assigns, successors, representatives, estates, heirs or legatees 16 This Agreement may be executed in two or more counterparts, the parties need not sign the same agreement and all of such counterparts taken together shall constitute this Agreement The original signature pages on the counterparts may be detached from the counterparts and attached to one combined instrument [NEXT PAGE IS SIGTIATURE PAGE] IN WITNESS WHEREOF, the City, the VBDA, TPC and Centura have caused this Agreement to he executed by their respective duly authonzed representatives [SEALS ATTEST City Clerk APPROVED AS TO CONTENT Planning/DSC PW/Real Estate [SEAL] ATTEST Secretary/Assistant Secretary CITY OF V IRGMA BEACH VA City Manager Designee of the City Manager APPROVED AS TO RISK MANAGEMENT Risk Management APPROVED AS TO LEGAL SUFFICIENCY City Attorney CITY OF VIRGINIA BEACH DEVELOPMENT AI THOPH By ChainnanfVY e Chairman TPC OF VIRCINIA BEACH, L L C a Virginia limited liability company y Tournament Players Club of Virginia, Inc, Virginia corporation and Member er t Authorized Officer y Potomac c Development Associates, L L C , V3trginia limited liability company and Mern er By Linksland Operating Properties, L P , a Delaware limited partnership, Manager and Member By Potomac Golf Properties, LLC, Delaware liability company, General Partner r y AuthoTized Officer RBC CENTURA BANK, a /Vor"M ear'01for, ., Authofized Officer PRINCESS ANNE SERVICE CORPORATION,,, a Virginia corporation By < L..* a- - a� Narr,e S C-qs L -%L C L&-s S3r2. Title A�DA�S COMMONWEALTH F VIR INIA CITY OF VI GI IA BEACH, to -wit The foregoing i nstrum eant was a cknow]edged before me this day of , 2 0 o � b y CITY MANA ER DESIGNEE F THE CITY MANAGER Notary Public My Commission Expires COMMONWEALTH OF VIRGINIA CITY OF VI GI IA BEACH to -wit The foregoing insft=ent was acknowledged before me this � day of� 2002, by I CITY CLERK Notary Public My Commission Expires COMMONWEALTH OF VIRGINIA CITY OF VIR xII IA ]BEACH, to wit The foregoing instrument was acknowledged d before me this � day of , 0 2 y ,, Chap ice-Chairrnan of the City of Virgnua Beach De elopr e t Authority, a political subdivision of thCommonwealth of Virginia, on its behalf Notary Public My c rannnsion expires 9 COMMONWEALTH OF VIRINIA CITY OF VI LIMA BEACH,, to wit The foregoing instrument was acknowledged before me this day of , 2002) by ...�� _ _ _, Secretary/Assistant Secretary of the City of Virginia Beach Development Authority a political subdivision of the Corrimonwealth f Virgjnia, on its behalf Notary Public My c nuni ssion expires STATE OF FLORIDA CITYlCOUNTY 4F �t-�� , 4t to wit f Qt The foregoing �nitrument was acicnowl dged before me this J I day of Tournament Players Club of Virginia Beach, Inc , a Virginia corporation, in its capsty as a member of TPC of Vtrgitua Beach, L L C , a Virginia limited liability company, on its behalf � JACQUEUNE NIXON fCTAaY PUSUC STATE of Fu Boa CZ&"S&()N a DDOSS BONDED THRU 1435644arARYI STATE OF frJ � il / CA=::: CITY/GO �T3F bF &Q-C to wit 11 C, Notary Public My conimission expires 41- "Z)t foregoing instrument was ack powledged before me this day of 14 iA) f oo , by R�4<'-f r- A) e[ Jr , as of Potomac Golf Pr p rhes, LL , a Delaka—re limited liability company, 6a;C- as general partner of LYr Bland Operating Properties, L P , a Delaware limited partnership, as manager and r ernber of Potomac Development Associates, L L C , a Virginia limited liability company, in its capacity as a member of TPC of Virginia Beach, L L C , a Virginia limited liability company, on its behalf Notary P 11e My commission expires � COMMONWEALTH OF VI GINIA CITY OF VJRGINIA BEACH, to pit The foregoing instrument was acknowledged before me this b*`` day of Maa-j 2002, by cnn V.. P CObb � F(4nAr%tj" Sevvj�g.% D{-(�ter of R.BC Cenrura Bank, a AlarJ4, Ca-rvi.r•.. , on behalf of the Company Notary Public My commission expires �3d�aD0$ W IVA I VJLN-Al I T V L-er-LJLj.L A JL %.JF.L- T "NA-i ILI )JWt-rtt NfiSy ce U�Tr� The foregoing instrument was ackno i ded before me this f AA-� 15 20025 by %5eerr 6i4sTCk- �IV coo -r ofPrincess Arne Service Corporation, a Virginia corporation, on its behalf FW�ASIF'l COU" JT 'I C I U, )41 6"t." Notary Public oor fires � �y sion p 1 .260 5�. EXHIBIT [DesmPtion of Facility Site] ALL THOSE CERTAIN tracts, pieces or parcels of land, situate, 13nng and being in the City of Virgnua Beach, ViLrginia, designated and described a "MAKE RIDGE PROPERTY PORTION OF LEASE AREA = 12,472,455 SQ FT — 296 32815 ACRES" and "PRINCESS ANNE COMMONS PORTION OF LEASE AREA = 1518438.219 SQ FT = 27 1994 ACRES' 3 as shown on that certain plat entitled "AMENDED EXHIBIT PLAT, PORTION OF LAKE RIDGE PROPERTY AND PRINCESS AI NE COMMONS FOR TPC GOLF COURSE, VIRGfNIA BEACH, IRGINIA'I, dated June 7, 2001, Prepared by Bureau of Surreys, Engineering Division, Department of Public Works, City of Virginia Beach, Virgirua, which plat 1s duly recorded in the Clerks Office of the Circuit Court of the City of VirginiaBeach, Vir i a, in Map Book 304, at pages I I - 1 EXHIBIT B [Desmption of Second Course Option Parcel] ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and being 1n the City ofVirginia Beach, Vir, designated and described as "PHASE TWO TPC GOLF COURSE AREA = 51)2611)348 SQ PT 120 78394 ACRES", as shown on that certain plat entitled "AMENDED EXHIBIT PLAT, A PORTION TIN F LAKE RIDGE PROPERTY FOR PHASE TWO TPC GOLF COURSE, VIRGfNIA BEACH, VIRGf IA", dated June 7, 2001, prepared by Bureau of Surreys, Engineenng Division, Department of Public Forks, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Ver a, m Map Book 304, at pages 1 - 1 ADDENDUM To SUBLEASE AGREEMENT TPC GOLF COURSE THIS ADDENDUM To SUBLEASE AGREEMENT Ithis Addendum" is entered into this day of gafA _. _ , 2002, by and between the CITY OF VlRGlNlA BEACH DEVELOPMENT AUTHORITY ("V13DA"Y, a political subdivision of the Commonwealth of Virginia, as landlord, and TPC of VIRGINIA BEACH, L L C { 'TE A lT"), a Virginia limited liability company., as tenant WHEREAS, on October 8, 1997, the parties entered into a sublease agreement (the Sublease') under the terms of which V13DA leased certain property ,n the City of Virginia Beach (the 'City') to TENANT, and WHEREAS, EAS, the parties desire to enter into this Addendum for the purpose of relocating boundary lines of the ' Facility Site" and the "Second Course option Parcel' (as defined in the sublease) and amending the legal descriptions thereof to correspond thereto, and WHEREAS., the parties desire to confer upon TENANT T permission to enter into a sub -sublease (the 'Sub -sublease") with Hampton Roads Junior Golf Foundation, a Virginia corporation C First Tee ') as to a portion of the Facility site for the purpose of constructing and operating a junior golf academy to be known n a "First Tee of Hampton Roads or it filar (the Academy ' ), and WHEREAS,, the parties desire by this Addendum to make other minor modifications of the terms of the Sublease, and HEi EAs, for and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the parties enter into this Addendum and agree as follows I With respect to Section 1 1 of the Sublease, the following definitions are hereby deleted and the folfowing are substituted in itheir places L "Faoshall mean the Tournament Course, driving range, practice greens, bunkers and other practice facilities, clubhouse, maintenance facilities, parking areas and related buildings and improvements constructed on the portion of the Facility Site which is not being subleased to First Tee 1i Taciliiy Site shall mean and refer to that certain tract of land located in the Cfty of Virginia Beach, Virginia, described on Exhibit A attached hereto If T "second Course Ogtion Parcel shall mean and refer to that certain tract of land located in the city of Virginia Beach, Virginia, described on Exhibit attached hereto 2 The following subsections are hereby added to Section 1 1 Definitions 'AA "First Tee" shall mean and refer to Hampton Roads Junior Golf Foundation BB First Tee Fa flat Site" shall mean and refer to that certain tract of land situated in the City of Vfrginia Beach, Virginia, described on Exhibit c attached hereto " 3 The following paragraph is hereby acicJed to the end of Section 3 1 "Anything in this Section 3 1 to the contrary notwithstanding, commencing January 1, 2001, and continuing until the earlier to occur of (j) First Tee ceases to exist or operate, {ri} the termination of the Sub -sublease, OW the mission statement f First Tee is changed substantially without the prior consent of the City and DA, (jv) First Tee ceases to qualify as an I R C 501( non-profit organization,, or M the primary use of the First Tee Facility Site for the Academy changes, TENANT shall pay to VB A annually, in arrears, as basic rent (the ' F ent'V ► the sum of $ 2 6,6 0 59, offset and reduced (but never to an amount less than oo 00) b the total amount of Takes paid by TENANT or TE A 1T's concessionaires from operations at the Facility during the calendar year (or portion thereof) due on February 15, 2003,F and continuing cm the same day of each succeeding calendar year during the Term except that the final Rent payment shall be due on the fast day of the Term) For the final calendar year in which Rant is payable, Rent shall be prorated and calculated by multiplying the annual Rent amount by a fraction, the denominator of which is 1 , and the numerator of which is the number of whole months of the Term in the final calendar year of the Term Upon the occurrence of any of the circumstances described in W - M above, Tenant shall pay Rent at the annual rate set forth in the first paragraph of this Section 3 1, prorated as of the data of such occurrence 11 The following sentence is hereby added to the end of Section 5 2 SLq sand Adverb��� "BDA hereby consents to that certain exterior f ree standing sign which is currently located near the entrance to the Facility at the southeastern intersection of Princess Anne Road and Tournament Drive ' 5 The following section is hereby added after Section 10 2 (E) '' F VBDA hereby consents to the sub -sublease between TENANT and First Tee for the First Tee Facility Site The use by First Tee of the First Tee Facility site for the Academy shah not constitute a breach of Section 5 0 (A) - (H), inclusive ' 6 Exhibit A - DESCRIPTION OF FACILITY SITE to the sublease is hereby deleted and the attached Exhibit A is hereby substituted in its place Exhibit B - LEGAL DESCRIPTION o PTI N PARCEL is hereby deleted and the attached Exhibit B is substituted in its place. Exhibit C : LEGAL DESCRIPTION OF FIRST TEE FACILITY SITE is hereby added a Exhibit C Concurrently with the execution of this Addendum, TENANT and VBDA shall eecute and deliver to TENANT, for records rig in the Clerk`s Office of the Cjrcuit Court of the City at TENANT"s expense, an Amende i Memorandum of sublease and option in such form and containing such provisions (not inconsistent with the Sublease, as amended b this Addendum,) as TENANT may specify Such memorandum shall include legal descriptions intended to describe the Facility Site and the second Course Facility Site If such memorandum is recorded pursuant to the foregoing provisions, and if for any reason TENA{T's rights and obligations under the Sublease, as amended by this Addendum, are Terminated then TENANT shall execute such documents (including recordable documents) as may be reasonably provided by VBDA for purposes of establishing that the Sublease, as amended by this Addendum is no longer of any force or effect 10 Except as amended herein, the remaining provisions of the Sublease shall remain in full force and effect IN WITNESS WHEREOF, this Addendum has been executed on behalf of VBDA and TENANT as of the date first set forth above VBDA [Seal) CITY OF VIRGINIA BEACH DEVELOPMENT Attest AUTHORITY Secretary/Assistant Secretary By Chairman/Vice Chairman TENANT TPCof VIRGINIABEACH,LLc, a Virginia limited liability company By Tc>urnament Players Club of Virginia, Inc , a Virginia corporation and Member By Authorized Officer By Potomac Development Associates, L L. C , a Virginia limited liability company and M e rnber By Lind sland operating Properties, L P a Delaware limited partnership, Manager and Member y Potomac Golf Properties LLC Delaware limited liability company, General Partner i By I (��.(Jl 2 V ff I I / Authorized buicer COMMONWEALTH F VIRGI I CITY OF VIRGINIA BEACH, to wit The foregoing Addendum to sublease Agreement was acknowledged Before me this day of 1 2002, by �. _ Chairman/Vice- Chairman of the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, on its behalf Notary Public wT My commission expires COMMONWEALTH EALTH OF VIRGINIA C1T to Wit �L 3�k The f oregoang Addendum to Sublease Agreement was acknow ledq ed before me this day f 1 2002, b�ELjj' f Tournament Players Club of Virginia Beach, Inc , a Virginia corporation, in its capacity as a member of TPC of Virginia Beach, L L C , a Virginia limited liability company, on its behalf /LILL -C 11=t,'► c ' Notary Public My commission expires # � . � �kLI COMMONWEALTH OF VIRGINIA CITY/COUNTY OF��.L. etc V4to wit The for going Addendum to Sublease A reerr� t as acknowledged before m thisas day FL of Notary Public My commission expires eL L MMRM7P City of VS\First DraMADDEN SUBLEASE 6 do EXHIBIT [Description of Facility Site] ALL THOSE CERTAIN tracts, pieces or parcels of land, situate lying and being in the City of Virginia Beach Vir ima designated and described as "LAKE RIDGE PROPERTY PORTION OF LEASE AREA = 12 472P455 SQ FT = 296 32815 ACRES" and "'PRINCESS ANNE COMMONS PORTION OF LEASE AREA = 131 84v829 SQ FT = 27 19994 ACRES', as shown on that certain plat entitled "AMENDED EXHIBIT PLAT, A. PORTION OF LAKE RIDGE PROPERTY AND PRINCESS ANNE COMMONS FOR TPC GOLF COURSE, VIRGIMA BEACH, VIRGII IA" dated June 75, 2001, prepared by Bureau of Surreys, Engineering Division, Department of public Works, City of Virginia Beach, Virgim a, wbich plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgima, Ln Map Book 304, at pages I ] - 1 EXHIBIT B [Desmption of Second Course Option Parcel] ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described a "`PHASE TWO TPC GOLF COURSE AREA = 5,261,348 SQ FT = 120 78394 ACRES 711 ,as shown on that certain plat entitled "AMENDED EXHIBIT PLAT A PORTION OF LAKE RIDGE PROPERTY FOR PHASE TWO TPC GOLF COURSE, V IRGIi IA BEACH, IRGINIA", dated June T, 2001, prepared by Bureau of Surreys, Engineenng Division, Department of Public works, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgirua, in Map Book 304,, at pages 1 -- 1 EXHIBIT C [Description of First Tee Facility Site] ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, virgirua, designated and described as `FIRST TEE FACILITY SUB -LEASE AREA = 2,5715782 SQ FT 59 03998 ACRES'}, as shown on that certain plat entitled "EXHIBIT PLAT, T C GOLF COURSE FOR SUB -LEASE BY HAMPTON LOADS JUNIOR GOLF FOUNDATION FOR FIRST TB FACILITY, VIF INIA BEACH, VIRGINIA13, dated June 7, 2001 , prepared by Bureau of Surveys, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is duly recorded m the Clerk's Office of the Circuit Court of the City of Virgi a Beacon, virgnua, in Map Book 3 04, at page 10 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Mutual Aid Agreement between the City of Virginia Beach and the Cities of Chesapeake and Norfolk MEETING DATE February 25, 2003 W Background The Cities of Virginia Beach Chesapeake and Norfolk have provided mutual aid for emergency medical support for many years on an informal basis ,point training, medical protocol development, and other operational processes have been coordinated either directly or under the Tidewater Emergency Medical Services Council New regulations promulgated by the Virginia Department of Health Office of Emergency Medical Services now encourages the use of written mutual aid agreements between agencies sharing a common border ■ Considerations The City has no written emergency medical services mutual aid agreements In order for the City to meet these new Virginia Department of Health guidelines Council may authorize the City Manager to enter into formal mutual aid agreements with the Cities of Chesapeake and Norfolk a Public Information To be advertised to the same manner as other items on Counoxi s agenda ■ Recommendations Approve Resolution ■ Attachments Ordinance, Material Terms of Agreement and Mutual Aid Agreements Recommended Action Approval Submitting DepartmentlAgen y Emergency Medical Services 4:7414le City Manager L �IT, F 0atal T I rdin\N1 N D\ A arf,.% Pd 5 6 8 1 11 1 13 14 1 1 17 1 19 2 21 22 2 24 25 A RESOLUTION AU In li aI ING THE CITY VAN7AGZa To EXECUTE MUTUAL AID AGREEMENTS FOR EMERGENCY MEDICAL SERVICES WITH THE CITIES OF HESAPEAKE AND NOIFLK i hEFEAS, 12 VAC 5-31-630 B directs local governments to eater a,nto mutual a3.d agreements for emergency medical services (EMS) wi-th localities that share a common bonder, WHEREAS, each of the parties hereto maintains equipment and personnel for emergency medical response within its own 3 isdi.cta.n and areas, and for the protection of oo nunitres within thea-r respective jura-sdi tj-ons that are s-ituated adDacent t the other jurisdictions, WHEREAS, at is recc gni ed that potential emergency med-Lcal needs exist in Virginia Beach, Chesapeake and Norfolk which are conceivably beyond the abilities of individual emergency medical response forces supported by Virginia Beach, Chesapeake or Norfolk to resolve individually, and WHEREAS, Virginia Beach, Chesapeake and Norfolk are cognizant f the oenefits which they will derive from mutual aid EMS assistance NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of THE CITY of VIRGIIIA BEACH, VIRGINIA Treat the accompanying Mutual Aid Agreements for Emergency Med.ical Services are hereby approved, and the C-ity Manager is hereby authorized and directed to execute said agreements on behalf of the City of Virginia Beach A summary of the material terms for 2 2 28 each agreement are attached hereto and a true copy of each agreement is on f i 1 e with the Ca t y Attorney Adopted by the Council of the City of Virginia Beach, Virginia 29 on the day of C - 7 4 rdin n n .ode/EIS ChesapeakeNorfolk re February 13, 2003 R2 APPROVED AS To CONTENT T Emergency ed-ical Services Zoo P PorJ D s TO LEGAL SUF'F'�CIEi C f itv Attorney' of ice 2 SUMMARY F TERNS Event - An incident requinna an emergency medical response that exceeds the equipment t and/or personal resources of the City's Emergency Medical Services MS Mutual Aid Ageement - An agreement between localities that share a common boarder, t provide emergency medical services in the event an incident occurs that requires resources beyond those of the locality's EMS Mature - Outlines the procedures for the City of Virgima Beach to provide and receive EMS manpower and equipment, if available., in an effort to effectively respond to emergency incidents Term -This agreement is effective February 25,2003 and maybe terminated without cause upon thirty days wntten notice by either party In urance - Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk ly Management F 1Datal T '\Ordin'NONCODE\Summar-Y of Mutual Aid ChesapcakeNorfolk wPd MUTUAL -AID EMERGENCY MEDICAL SERVICES CITY F 1 IRGI IA BEACH, VIRGINIA AND NO FOL , VIRGI IA This mutual -aid emergency medical services (EMS) agreement entered into on the 30th day of October, 2002, by and between the CITY of VIRGINIA BEACH, VIRGI NIA, (hereinafter referred to as Virginia Beach, and the city of Norfolk, VIRGINIA, (hereinafter referred to as Norfolk), each duly and lawfully represented by the contracting officer executing this instrument W IT NESSETH Whereas, each of the parties hereto maintains equipment and personnel for emergency medical response within its own jurisdiction and areas and for the protection of communities within their respective jurisdictions that are situated adjacent to the other jurisdiction and Whereas, it is recognized that potential emergency medical needs exist in Virginia Beach and Norfolk rh(ch are conceivably beyond the abilities of the emergency medical response forces supported by either irg(nia Beach or Norfolk to resolve individually and Whereas, the parties hereto desire to augment the EMS protection available in their contiguous and adjacent communities areas, and districts, in the event of mulb- casualty incidents or disasters, and Whereas Virginia Beach and Norfolk are cognizant of the benefits which they will derive from mutual -aid EMS assistance Therefore, the Parties hereto mutually agree as follows POLICY 1 fin the event of an emergency medical incident occurring in Virginia Beach, requiring Norfolk Fire Department assistance, Norfolk EMS equipment and its personnel responding to Virginia Beach's call will be under the direction of their own superv(sors, the senior supervisor taking directions from the Virginia Beach EMS Department's senior supervisor present 2 In the event of an emergency medical incident in Norfolk7 requiring Virginia Beach EMS Department assistance, Virginia Beach EMS equipment and its personnel responding to Norfolk calf will be under the direction of their own supervisors, the senior supervisor present taking directions from the Norfolk FireDepartment's sensor supervisor present 3 The senior supervisor of the Fire/EMS department of the requesting party, if present, shall assume full command of the operations, but if he specifically requests senior officer of the fire or E MS department furnishing assistance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation PROVISIONS FOR RESPONSE TO EMS INCIDENTS I Whenever tt is deemed advisable by Virginia Beach's sensor EMS Department Officer, or his representative, or Norfolk's Fire chief or his representative, or by the senor officer of any fire EMS department of Virginia Beach or Norfolk actually present at any emergency medical incident to request EMS assistance under the terms of this agreement, he is authorized to do so, and the senior officer on duty at the fire/EMS department receiving the request shall forthwith take the following action a Immediately determine if apparatus and personnel can he spared in response to the calls h Identify what apparatus and personnel might be most effectively dispatched Norfolk a Norfolk agrees to provide EMS equipment and personnel response to emergency medical incidents in Virginia Beach at no cost where such assistance ,s requested by the Virginia Beach Senior EMS Department officer, or his representative or by the senior off icer of Virginia Beach EMS Department actually present al such incident as stated above b In the event Norfolk receives a emergency medical alarm from property in Virginia Beach, the alarm will be relayed immediately to the Virginia Beach emergency communications center Virginia Beach a Virginia Beach agrees to provide EMS equipment and personnel response to alarms of emergency medical incidents at no cost here such assistance is requested by Norfolk's Fire Chief or his representative or by the senior officer of Norfolk Fire Department actually at such incident, as stated above This response will be commensurate with the scope of the emergency involved and to th extent that limitations of forces available at the time of the occurrence will permit b In the event Virginia Beach receives a emergency medical alarm from property in Norfolk, the alarm will be relayed immediately to the Norfolk emergency communications center The rendering of assistance under the terms of this agreement shall not e mandatory, but the party receiving the call for assistance should immediately inform the requesting party, if: for any reason, assistance cannot be rendered WAIVER FOR DAMAGE OR INJURY 1 Each party to this agreement waives all claims against the other party for any loss, damage, personal injury or death occurring in consequence of the performance of this agreement IMPLEMENTATION 1 The chief fire/EMS officer and personnel of the fire EMS department o both parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's areas for guided tours and familiarization consistent with local security requirements and, as feasible, to jointly conduct pre -planning inspections and drills 2 The Chief officers of the fire/EMS departments of the parties to this agreement are authorized and erected to meet and draft any detailed plans and procedures of operation necessary to effectively implement this agreement TERMINATION OF AGREEMENT 1 This agreement will be terminated without cause upon thirty days written notice by any one of the Parties hereto to the other party WITNESS THE FOLLOWING SIGNATURES AND SEALS CITY of vI FAG I N IA BEACH City Manager City Attorney CITY of NORFOLK City hanger City Attorney Date Date Date Date MUTUAL -AID EMERGENCY MEDICAL SERVICES CITY OF VIRGINIA BEACH, VIRGINIA AND CHESAPEAKE, VIRGINIA This mutual -aid emergency medical services (EMS) agreement entered into on the 30th day of October 2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, (hereinafter referred to as Virginia Beach, and the City of Chesapeake, VIRGINIA, (hereinafter referred to as Chesapeake), each duly and lawfully represented by the contracting officer executing this instrument W I T N E S S E T H Whereas, reas, each of the parties hereto maintains equipment and personnel for emergency medical response within its own jurisdiction and areas, and for the protection of communities within their respective jurisdictions that are situated adjacent to the other jurisdiction and Whereas, it is recognized that potential emergency medical needs exist in Virginia Beach and Chesapeake which are conceivably beyond the abilities of the emergency medical response forces supported by either Virginia Beach or Chesapeake to resolve individually, and Whereas, the parties hereto desire to augment the EMS protection available in their contiguous and adjacent communities areas, and districts, in the event ofmulti- casualty incidents or disasters, and Whereas, Virginia Beach and Chesapeake are cognizant of the benefits which they will derive from mutual -aid EMS assistance Therefore, the Parties hereto mutually agree as follows POLICY 1 In the event of an emergency medical incident occurring in Virginia Beach, requiring Chesapeake Fire Department assistance, Chesapeake EMS equipment and its personnel responding to Virginia Beach's call will be under the direction of their own supervisors, the senior supervisor taking directions from the Virginia Beach Elks Department's senior supervisor present 2 In the event of an emergency medical incident in Chesapeake, requiring Virginia Beach EMS Department assistance, Virginia Beach EMS equipment ent and its personnel responding to Chesapeake calf will be under the direction of their own supervisors, the senior supervisor present taking directions from the Chesapeake Eire Department's senior supervisor present The senior supervisor of the Fire EMS department of the requesting part) if present, shall assume f ulI command of the operations, but if he specifically requests senior officer of the fire or EMS department furnishing assistance to assume comman he shall not, by relinquishing command, be relieved of his responsibility for the operation PROVISIONS FOR RESPONSE TO EMS INCIDENTS 1 Whenever it is deemed advisable by Virginia Beach's senior Ells Department officer, or his representative, or Chesapeake's Fire chief, or his representative, or by the senior officer of any fire/EMS department of Virginia Beach or Chesapeake actually present at any emergency medical incident to request Elks assistance under the terms of this agreement, he is authorized to do so, and the senior officer on duty at the fire/EMS departrnent receiving the request shall forthwith take the following action a Immediate(y determine if apparatus and personnel can be spared response to the calls b Identify what apparatus and personnel might be most effectively dispatched 2 Chesapeake a Chesapeake agrees to provide EMS equipment and personnel response to emergency medical incidents in Virginia Beach at no cost where such assistance is requested by the Virginia Beach Senior ENDS Department officer, or his representative or by the senior officer of Virginia Beach EMS Department actually present such incident as stated above b In the event Chesapeake receives a emergency medical alarm fro property in Virginia Beach, the alarm will be relayed immediately t( the Virginia Beach emergency communications center Virginia Beach a Virginia Beach agrees to provide Ells equipment and personnel response to alarms of emergency medical incidents at no cost where such assistance is requested by Chesapeake's Fire chief c his representative or by the senior officer of Chesapeake Fire Department actually at such incident, as stated above This response will be commensurate with the scope of the emergency involved and to the extent that iirnitations of forces available at the time of the occurrence will permit b In the event Virginia Beach receives a emergency medical alarm from property in Chesapeake, the alarm will be relayed immediate to the Chesapeake emergency communications center The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the call for assistance should immediately inform the requesting party, if, for any reason, assistance cannot be rendered WAIVER FOR DAMAGE OR INJURY 1 Each party to this agreement waives all claims against the other party for any loss, damage, personal injury or death occurring in consequence of the performance of this agreement NPLEMENTATION 1 The Chief fire E MS officer and personnel of the fire El is department of both parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's areas for guided tours and familiarization consistent with local security requirements and, as feasible, to jointly conduct pre -planning inspections and drills 2 The Chief offticers of the fire/EMS departments of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this agreement TERMINATION OF AGREEMENT 1 This agreement will be terminated without cause upon thirty days written notice by any one of the Parties hereto to the other party WITNESS THE FOLLOWING SIGNATURES AND SEALS CITY OF VIRGINIA BEACH City Manager City Attorney CITY OF CHESAPEAKE City Manger City Attorney Date Dante Date Date State Board of Health Page 45 of 146 Virginia EMS Regulations 12 VAC 541 m63O Designated emergency response agency mutual aid A designated emergency response agency shall provide aid to ail other designated emergency response agencies within the locairty B A designated emergency response agency sha11 maintain wrttten mutual aid agreements with adjaceht designated emergency response agencies in another locality with which it shares a common bander Mutual aid agreement(s) shall specify the types of assistance to be provided and any oondnion(s) or limitation(s) for pro%nding this assistance Article 2. Emergency Medical Semces Vehicle Permit 12 VAC 5�31 AM EMS vehicle permit requiren A A person may not operate or maintain any motor vehicle, vessel or craftas an EMS vehicle without a v0d permit or in wolation of the terms of a valid permit n EMS agency shall file wntten application for a perrnrt on fog specified by the Office of EMS C The Office of EMS may verily any or all mformafion contained in ihe application before issuance The Office of EMS shall inspect the ERAS vehicle for compliance voth the vehicle requirements for the class in which a permit is sought E An EMS vehide permit may be issued provided all of the following condfions are met rt All informbon contained in the application is complete and collect. 2 The applicant m an EMS agency 3 The EMS vehicle is registered or permitted by the Department of Motor Vehicles or approved equivalent The inspec on meets the minimum requirements as defined in these regulations EFFECTIVE JANUARY 1, 2003 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM A Resolution Referring to the Planning Commission Proposed Amendments to Sections 10 , 1 o , 1079108, 221, 1405 and 1605 of the city Zoning ordinance, Pertaining to Written Notice and Posting of signs for Rezoning and other Applications MEETING DATE February 2 , 2003 Background lender current provisions of the City Zoning ordinance, signs containing information about planning items (rezonings, code amendments, conditional use permits, BZA applications, etc) must be posted at lust 15 days prior to the first public hearing at which the item is considered In addition, the City Zoning Ordinance CZo incorporates by reference Virginia code provisions requiring written notice to be mailed to adjacent property owners and certain other persons at least 5 days prior to public hearings ■ Considerations The Resolution refers to the Planning Commission proposed amendments to those provisions of the CZO which prescribe the time for posting of signs and mailing of written notice The time for posting of signs would be increased from 15 to 30 days prior to the public hearing at which an application is to be fieard and the time by which written nonce must be mailed would be increased from 5 to 15 days The proposed amendments would not apply to applications fled prior to the date of adoption of the amendments 0 Alternatives The adoption of the Resolution would require the Planning Commission to consider and provide a recommendation on the amendments When the amendments themselves come before the city Council, the Council may adopt, decline to adopt, or modify and adopt them ■ Public Information The amendments themselves will be advertised as a regular planning item before both the Planning Commission and City Council public hearings, in accordance with legal requirements ■ Recommendations Adoption of Resolution referring proposed amendments to the Planning Commission E Attachments Proposed Ordnance Recommended Action Adoption of Resolution submi tang Department/Agency Requested by Coun ilmernber Margaret L Eure City Manager 1 REQUESTED BY COUNCILMEMBERF ET L EU E 2 A RESOLUTION REFERRING TO THE PLANNING 3 COMMISSION PROPOSED AMENDMENTS TO SECTIONS 105, 106, 1071 108, 221, 1405 AND 1605 OF THE CITY ZONING ORDINANCE, PERTAINING TO WPITTEN 6 NOTICE AND POSTING OF SIGNS FOR REZONING AND 7 OTHER APPLICATIONS 8 WHEREAS, the public necessity, convenience, general welfare and cool zoning practice so require, 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIR INIA BEACH, 1.1 VIRGINIA 12 There is hereby referred to the Planning Commission, for its 13 consiaeration ana recommendation, proposea amendments to Sections 14 105, 106, 10 7 , 108, 221, 1405 and 1605 of the City Zoning 15 Ordinance, pertaining to written notice and posting of signs for 1.6 re .onj-ng and other applicatiLns A true copy of such proposed 17 amendments is hereto attached 18 COMMENT 19 The Resolution refers to the Planning Commission proposed amendments to those sections of 20 the City Zoning Ordinance whteh collain, or incorporate from the Virginia Code, requirements for 21 the posting of signs and the giving of written notice off' planning iterns (rezonings, conditional use 22 permits, nonconforming use res olutjon s, etc , Board of Zoning Appeals matters, and applxcat] ons for 23 wetlands and coastal prim rs sand dune permits 24 The amendments v+ould increase the time signs must be posted to 30 days prior to the public 25 hearing and the time b which wrLtten notices of public hearings must he matted from 5 to 15 day s 26 prior to the public hearing The proposed mailing requirements, however, do not apply to Wetland 27 Board applications, for which State law requires notices to be sent 20 days prior to the public hearing 28 The proposed amendinents would become effective for all applications filed after the date of 29 adoption of the proposed amendments so as not to interfere with applications which have already been 30 filed as of the date of adoption of the amendments 31 Adopted by the City Council of the city of Virginia Beach, 32 Virginia, on the day of 33 - 75 3 re t i e w d 35 -1 36 February 10, 2003 1 2003 APPROVED AS TO CONVENT 41.4303 Planning Veop-va�"rtment APPROVED AS TO LEGAL SUFFICI CY IN CI Attone s Of ice r I REQUESTED BY COJNCILMEMBER MARGARET L E R 2 AN ORDINANCE TO AMEND SECTIONS 1, 1, 17, 108f 221, 1405 AND 1605 OF THE CITY ZONING OR INA1'3CE, PERTAINING "-"LO WRILTTEN NOTICE AND POSTING OF SIGNS FOR REZONING AND OTHER APPLICATIONS 7 Sect iorArerded City Zoning Ordinary e Sections 1, 1, 17, 1, 221, 1405 and 1605 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA 12 That Sec -IL -ions 1101.1). 1 7 , lCnof 221, 1405 and 16015 of the City 13 Zoning Ordinance are hereby amended and reorda-ined to read as 14 foliw 15 Sec 105 Nonconformity 17 d Enlargement or extensior of nonconformity 170 18 nonconforming use shall be increased in magnitude No 19 nonconforming use sha�-1 be enlarged or extended to cover a greater 20 land area than was occupied by the nonconformity on the effective 21 date of this ordinance or amendment thereto No nonccnforming use 22 shall be moved in whole or in part to any other portion of the lot, 23 parcel, or structure not occupied by the nonconformity on the 24 effective date of this ordinance or amendment t eretc, and no 25 nonconforming structure shall, be moved at all except to come into 26 co pla-ance wi-th tale terms of this ordinance No nonconfor ing 27 structure Shall be enlarged, extended, reconstructed, or r 28 structura.r altered, tie effect tnorase the 29 nonconformity As an e epti-on tc the above, any condxtxon of 30 development prohibited by this section may ne permitted b 31 resolution of the city council based upon its fa-ndirig that the 32 proposed conditicn is equally appropriate or more appropriate t 33 the district than is the existing nonconformity City Council may 34 attach such cond�t�ons and safeg.1ards to its approval as it deems 35 necessary to fulfill the purposes of this ordinance Applications 36 for the enlargement, extension or relocation of a nonconforming use 37 or structure Ezohall be filed with the planna_ng d2-rector The 38 aoplication shall be accompanied by a fee of one hundred 39 t rat y-fi-v dollars ( 12 to corer tie cost of publication of 40 notice of public hearing and processing Notice shall be given as 41 provided by Section 15 2l 204 of the Code of Virginia rovio 42 however, that written noti-ce a rescrabed th rea-n shall b even 43 at least fifteen 1 days prior to the _ r� „� sign shall be 44 pasted on the site in accordance with the requirements of section 45 10 f this ord�nanoe 46 COMMENT 47 The proposed amendment concerns notice of applications to enlarge, etc a nonconforming use 48 to another use It would require written notice to adjacent property owners to be given at least 15 days 49 prior to the Council hearing at which the application is heard Such applications do not require 50 Planning is : n action 51 e) (l) Conversa-on of a nonconforming use to another use No nonconforming use shall be converted to another use which 0 53 5 56 58 9 60 61 6 63 6 65 66 67 6 69 7 7 73 7 7 6 does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use In the resolution autnorizing such charge, the city council may attach such c nditicns and safeguards to its approval a it deers necessary to fulf-ill the purposes of this ordinance When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provi-si-ens of thi-s ordinance in each respect that the existing use conforms, and -in any instance where the existing use does not conform to those provil-os, the new use shall not be more deficient Any such use authorized by the city council shall thereafter be sub3ect to the provisions of this section and to any conditions or restrictions attached by the city council Applications for the conversion of a nonconforming use or structure shall be filed with the Planring director The application shall be accompanied by a fee of one hundred twenty-five dollars ($12 ) to cover the cost of publication of nota.ce of publ-ic hearing and processing Notice shall be given as provided by Section 15 2-22 4 of the code of 3 77 Virginia., -provided, however that written notice as 78 prescribed therein shall be given at least fifteen 1,5 79 days prior to the hearing A scan shall be posted on the 80 site in accordance with the requirements of section 108 81 of this ordinance 8 83 COMMENT 84 The proposed amendment concerns notice of applications to convert a nonconforming use t 85 another use It would require written notice to adjacent property owners to be gi-ven at least 15 days 86 prior to the City Council hearing at Nlvhih the application is heard Such applications do not require 87 Planning Commission action 88 Sec 106 Appeals and va .an s 89 (a) The board of zonj_a appeals shall hear and dec)-de appeals 90 from and order, reaquirement, dec_Lion, or determination made by an 91 administrative officer in the administration or enforcement of h3- 92 ordinance An appeal shall be filed with the zoning administrator, 98 and include the grounds of appeal, within thirty ) days of the 94 date of the decisa_on appealed, unless the notice of vaolation 95 involves temporary or seasonal commercial uses, parking of 96 ccmm roa-al trucks s i-n resadenta-al zoning districts, or si-milar 97 short-term recurring violations, in which case the appeal period is 98 ten (1 days from the date of the notice of violation All 99 decisions not timely appealed shall be final and unappealable I 10 addition thereto, the board shall have such other powers and duties 101 as are set forth in Section 15 2-2309 of the Code of-iraina-a, 4 102 provided, however, that the board shall have no authority to hear 103 and decide applroat ions for conditional use permits, and ,pr vided 104 further, that written notice as -prescribed in Section 15 2-2204 of 105 the Code of Virginia -shall be_ aiyen at least fifteen (1 days 106 prior to the hearing before the board 107 108 COMMENT 109 The proposed amendment concerns notice of applications of mat-ters coming before the Board 110 of Zoning Appeals It would require written notice to adjacent property owners to be given at least 11.1 15 days prior to the Board hearing at N% hi h the apph aUon is heard 112 Sea 107 Amendments 113 114 o Planning commission action, notice of hearing Before 115 making ar y recommendation on a proposed amendment, the plarnin 116 commission shall give notice of a public hearing thereon, as set 117 forth in section 15 2-22 4 of the Code of Virginia, as amended, 118 pr Sri ae, however, that written notice as prs r i ed therein. shall 119 be ,aiven at least fifteen ( 15) days._ -Prior to the harn 120 121 COMMENT 122 The proposed amendment requires NN ritten notice of rezoning applications and amendments 123 to the City Zoning Ordinance and Zoning Map to be given to adjacent property owners and certain 124 other persons at least 15 days prior to the pubIic hearing before the Planning Commission sion r -- 125 Sec 108 Post--Lng of signs relating to applxoations for rezoning, 126 etc 127 (a) In any case in which a property owner or other authorized 128 person petitions the city council for the approval of any 129 application seeking a rezoning, conditional use permit, approval of 130 a PD-H1 or PD-H2 land use plan, resolution pertaining to a 131 nonconfcrming use or structure, subdivision or floodplain variance 132 or reconsideration of conditions, the applicant shall erect, on the 133 property which is the ub]ect of the application, a sign of a size, 134 tyre and lettering approved by the planning director One such 135 sign shall be posted within tern 10) feet of every public street 136 adDoining the property or in such alternate location or locations 137 as may be prescribed by the planning director Such sign shall be 138 erected not less try thirty (30) days before the 139 planning commission hearing, or if none, the city council hearing, 140 and shall state the nature of the application and date and time of 141 the hearing Such signs may not be removed until the city council 142 has acted upon the ap l2catzon, and shall be removed n later than 143 five ) as s thereafter In any case j-n whach the plannang 144 commission or city council determines that the requirements of this 145 section have not been met, the application shall be deferred, 146 provided, however, that the city council may, for any other 17 appropriate reason, deny sucn application 14 b) Applications before the board of zoning appeals shall be 149 subDect to the requirements of subsection (a) hereof Any 0 150 application in which such requirements have not been met may be 151 deferred or denied by the board 152 153 COMMENT 154 The proposed amendment requires signs containing information about planning items t b 155 posted 30, rather than 15, dai s, Prior to the meeting at Ns hicb the subject application is to be heard 156 Sec 221 Procedural requmrements and general al standards for 157 oondat3.onal uses 158 159 (d) Action by the planning commission After receiving the 160 report of the director, with all pertinent related material, the 161 planning commission shall give notice of and Mold a public hearing 162 in accordance with appiicable provisions of Virginia Code section 163 15 2-220rova ded however, that written notace as prescribed 164 therein shall be even at Least fifteen 115) days Drior to the 165 hearina Within forty --five (5) days after the hearing, the 166 commission shall sabmit i-ts recorranendations to the city council 167 through the planning director, provided, however, that upon mutual 168 agreement between the cormission and the appl � ar t , such time may 169 be extended 170 171 COMMENT 172 The proposed amendment requires i4ritten notice of conditional use permit applications t 173 be given to adjacent property owners and certain other persons at least 15 days prior to the public 174 hearing before the Planning Commission 7 178 h) Revocation of conditional use permit If the provisions 176 of this ordinance or the requirements of the conditional use permit 177 are not met, the e�ty council may revoke the conditiona-1 use permit 178 after notate and earl-ng as provided oy Virgi-nia Code Se to on 179 15 2-22 4., provided, however,. that written� notice_ as re robed 180 therein s�a11 be r-iver at least fifteen _ 1 3.or to the 181 hearing 18 18 184 The proposed amendment requires written notice of revocations of conditional use permit 185 applications to be given to adjacent property owners and certain other persons at least 15 days prior 186 to the public hearing before the City Council 187 188 See 1405 Public hearing procedure on permaLt appl3Lat.Loris 18 [wetlands permit applzLatxons] 190 Not later than si l-y 601 days after receipt a complete 191 application, the Wetlands Board small hold a pudic hearing on such 192 application The applicant, the city council, the commissioner, 1 the owner of record of any land ad3aent to the wetlands in 194 question, known claimants of water rights in or a 3 acent to tree 195 wetlands in question, the Virginia Institute of Marine Science, the 196 Department of Game and Inland Fisheries, the Virginia Dater Control 197 Board, the Department of Transportation and any governmental 198 agencies expressing an interest therein shall he notified of the 199 hearing The Board Shall mail such notices not less than twenty 20 2 days prior to the date set for tie e r�ng The Board shah 0 201 also cause notice of the hearing to be published at least once a 202 ,jeek for two ) aee?s pri-o� to suchearing �n a newspaper of 3 general circulation in the City of Virginia Beach The published 204 notice shall state that codes of the application may be examined 205 in the planning department The costs of such publication shall be 206 paid by the applicant The applicant shall also erect, on the 27 property which is the sub3eot of the bearing, a sign of a size, 208 type and lettering approved by the board One such sign shall be 9 posted within ten 1 feet of every public street adjoining the 210 property, and within ten {1 feet of any body of water or waterway 211 less than fire hundred o feet pride act] oining the property or in 12 such alternate location or locations as rray be prescribed by the 213 planning director Such sign shall be erected not less than 214 1 eTr thirty. 3 )_ days before the Wetlands Board hearing and 215 snall state the nature of the application and date and time of the 216 hearing Such signs shall be removed no later than fire ) days 217 thereafter In any case in which the Wetlands Board determines 218 that the requarements of this section have not been met, the 219 application shall be deferred or denied 22 221 The proposed amendment requires signs containing information about applications for 222 wetlands permits to be posted 30, rather than 15, d vs before the public hearing before the Wetlands 2 22 3 Board 22 01 225 sec 1605 Public hearxng procedure on per=t applxcat3.ons 2 [coastal pramary sand dune permit applxcatmons] 227 Not later than sixty ( days after receipt of a complete 28 application, the Wetlands Board shall hold a public hearing on the 229 application The applicant, city council, commissioner, owner of 230 record of any land adD aunt to the coastal primary sand dunes in 21 quest -ion, the na .rttute of aye Science, the department 22 of Game and Inland Fisheries, the state dater Control Board, the 233 Department of Transportat2.on and any governmental agency expressing 234 an interest in the application shall be notified of the hearing 235 The Board shall rail these notices not less than twenty 2) days 236 prior to the date set for the hearing The Board shall also cause 237 notice of the hearing to be published at least once a week for two 233 (2) weeks prior to such hearing in the newspaper having a general 239 circulation in the City of Virginia Beach The casts of 240 publication shall be paid by the applicant The applicant shall 241 also erect, on the propertv which is the subD ect of the hearing, 22 sign of a size, type and lettering approved by the board One such 23 sign shall be posted within ten 10) feet of every public street 244 adjoining the property, and within ten (1 feet of any body of 245 water or waterway less than five hundred (500) feet wide ad3oining 246 the property or in such alternate l at�on or locations as may be 247 prescribed by the planning director such sign shall be erected 248 not less than thirty- o days before the Wetlands 29 Board hearing and shall state the nature of the application and 10 250 date and time of the hearing Such signs shall be removed no later 251 than fire ( dais thereafter In any case in which the Wetlands 252 Board determines that the recu.ireme is of this section have not 253 been met, the application shall be deferred or denied 254 COMMENT 255 The proposed amendment requires signs containing information about applications for coastal 256 primary sand dune permits to be posted 30, rather than 1, days before the public hearing before the 257 Wetlands Board 258 BE IT FURTHER ORDAINED BY THE CITY COUNCIL of THE CITE of 259 VIIIIA BEACH, VIRIIIA 260 That this ordinaroe shall not apply to any app13.ata-o , 261 otherwise subDect to the provisions hereof, filed prior to the date 262 of adoption of this ordinance 263 Adopted by the Council of the City of Virginia Beach, 264 Virginia, on the day of , 2003 CA-8753 wMm o rd re post igno r inwp February 1, 2003 -2 Approved as to Contents Planning D partment Approved as to legal Sufficiency r ity Attorneys Office 11 r �� =d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM! A Resolution Referring to the Planning Commission Proposed Amendments to Section 901 of the City Zoning Ordinance Allowing Public or Private colleges and Universities as Permitted Principal Uses in the -2, B-3, - A and B-4 Business Districts MEETING DATE February 25, 2003 111111 Background colleges and universities are not presently allowed uses in any Business Districts within the City ■ Considerations The proposed Resolution refers to the Planning Commission proposed amendments to Section 901 of the city Zoning ordinance which would allow public or private colleges and universities as permitted principal i a of -right) uses in the -2 B- , -3A and B-4 Business Districts Adoption of the Resolution would only require the Planning Commission to consider the proposed amendments, ents, City Council would have to adopt the amendments themselves in order for them to take effect Public Information The proposed Resolution will be advertised as an ordinary Council agenda item If it is adopted, the amendments themselves would b advertised once per week for two successive weeks prior to both the Planning Commission public hearing and the public hearing before the city Council W Alternatives if the Resolution is not adopted, the amendments would not be brought forward and the status quo would remain in effect, such that colleges and universities would not be allowed in any of the City's Business Districts E Recommendations mendations Adoption of Resolution ■ Attachments Proposed CZO amendments Recommended ommended Action Adoption Submitting Department/Agency Planning Department City Manager � �{ 1 A RESOLUTION REFERRING To THE 2 PLANNING CMMISSIN PROPOSED 3 AMENDMENTS TO SECTION 91 of THE CITY Z 01IN I I ORDINANCE ALLOWING PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES AS PERMITTED PRINCIPAL 7 USES IN THE E-, B-, B-3A AND B- USILNESS DISTRICTS WHEREAS, the public necessity, convenience, general welfare 10 and good zoning practice so require, 11 BE IT RESOLVED BY THE COUNCIL of THE CITY of VIRGINIA BEACH, 12 VIRINIA 13 There is hereby referred to the Planning Commission, for its 14 consideration and recommendation, proposed amendments to Section 15 901 of the City Eonj-ng OrdjLnance allowi-ng public or pravate 16 colleges and universities as permitted principal uses in the -2, 17 -31 B-3A and -4 Business Districts A true Copy Of such proposed 18 amendments is hereto attached 19 Adopted by the City Council of the City of Virginia Beach, 20 Virginia, on the -- day of - -- - - -- -- -1 2003 21 A-71 22 mm r re Ile esre wpd 23 R-1 24 February 3, 2003 25 Approved as to Content 26 27 28 PZarning artrient Approved as to Legal Sufficiency City Attorneys Office I AN ORDINANCE CE TO INCLUDE PUBLIC OR PRIVATE E 2 COLLEGES AND JNI EPSITIES AS PERMITTED 3 PRINCIPAL USES IN THE B- , B-- , B- A AND B- 4 BUSINESS DISTRICTS 5 Section Amended City Zoning ordinance 7 Section 901 ARTICLE 9 BUSINESS DISTRICTS 9 10 Sec 93 Use reulatmon 11 a Princ3-pal nand ndi-ti-nal uses The folic -ing chart 12 Iists those uses permitted ith3-n the B-1 through B-4 Business 13 Districts `hose uses and structures -Ln the respective business 14 districts shall be perm]-tted as either principal uses indicated by 15 a IT" or as condit3 Ilal uses indi-cated by a " " Uses and 16 structures indicated by are " " shall be prohibited in the 17 respective districts No uses or structures other than a 16 specified shall be permitted 1 Use - 1 -lA B� B- B-3A B- 20 21 Colleges and uni- 22 versiti s, -,P-Li lic 23 or . Qr ivate x x P P P P 24 25 COMMENT 26 The amendment allows public or private colleges and universities as permitted principal uses 27 in the B-, B-3, B-3A and B-4 Business Districts 28 Approved as to Content Tare ncjOo5epartmet Approved as to Legal Sufficiency , fj,, City ttorney' Office CA -8 7 7 wmm ordres oo11e gesor in wpd February 3, 2003 - . 7^ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Encroachment Request Cabral and Debbie Cabral at 2845 Sandpiper Road MEETING DATE February 25 200 ■ Background Julio and Debbie Cabral have applied for an encroachment to build a pier and access in Bass inlet East, which is located behind their house an Sandpiper Road in Sandbridge Beach Considerations staff has rev(ewed this request and has no objections to this encroachment from an operational and maintenance standpoint There are other similar approved encroachments in this canal, including recently approved similar type encroachment for a pier and access for this same applicant on property they oven on Bluebill Drive, which is on the other side of this canal U Public information Advertisement of City Council Agenda ■Alternatives Approve the encroachment as requested, deny the encroachment, r add conditions as desired by Council ■ Recommendations Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement Authorize city Manager to sign agreement 0 Attachments Ordinance, Location flap, Agreement with plat attached, Photos Recommended Action Approve request and authorize City Manager to sign agreement Submitting Department/Agency Public Works/Real Estat+40 City ManagerQ Ic q VNL I Requested by Department of Public Works 0 R D I N A N C E T AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF THE CITY B PROPERTY KNOWN AS BASS INLET EAST BY J LIO CABRAL 8 AND DEBBIE CABRAL, THEIR HEIRS, ASSIGNS AND 10 SUCCESSORS S IN TITLE 11 WHEREAS JULIO CABRAL AND DEBBIE CABRAL, desire to construct and maintain a pier and access upon the city s property located at Bass Inlet East in Sandbrid e Beach 1A WHEREAS City Council is authorized pursuant to §§ 15 2-2009 and 15 2- 15 2107, code of Virginia, 1950 as amended to authorize a temporary encroachment upon 16 the City s property subject to such terms and conditions as Council may prescribe 1-1 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY is of VIRGINIA BEACH, VIRGINIA IQ That p u rs u a nt to the a thorityand to the a te nt thereof contained in §§ 15 2- 0 2009 and 15 2-2107 Code of Virginia, 1950, as amended, JULIO CABRAL and DEBBIE CABRAL their heirs, assigns and successors in title are authorized to construct and -)2 maintain a temporary encroachment for a pier and access upon the City s property as .&J shogun on that certain plat entitled PROPOSED PIER IN NORTH BAY SANDBRI GE 24 VIRGINIA BEACH, VA APPLICANT JULIO CABRAL last revision date 1 2, a copy � of which is on file in the Department of Public Works and to which reference is made for a more particular description and 7 BE IT FURTHER ORDAINED, that the City Manager or his authorized 23 designee is hereby authorized to execute the Agreement and E IT FURTHER F DAI ED that this Ordinance shall not be in effect until -�C such time ,.Julio Cabral and Debbie Cabral and the City Manager or his authorized designee execute the Agreement Adopted by the Council of the City of Virginia Beach, Virginia on the 3 day of 4 35 7 4U 41 4 4j A PREPARED ED January 7 2003 H MP E NED 1E � abr l ord wpd A ROVED AS TO CONTENTS �t C O 910� 6 SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND. -FORM CITY ATTrORNEY r mrA to tsr r/yv LNU LAUD DEFT JM 7 2 003 PREPARED BY VIRGINIA BEACH CITY ATTORNEY S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1 811(a)( ) AND 58 1 811( )(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25 249 THIS AGREEMENT, made this 'day o by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of VirgiLnia, the "City", Grantor, and JULIO C RAL and DEBBIE CABPAL, his 3rife, THEIP EIRS! ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one) I T N E S S E T H WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of lard designated and described as. Lot 32, Tract B. Section 3 in Sandb ridge Beach, M B 51, at Page 25), and being further des-ignated and descr3-bed as 2845Sandp-1per Road, Virginia Beach, ETA 23456, and WHEREAS, it is proposed by the Grantee to construct and maintain a pier and access, a "Temporary Encroachment" Ln the City of Virginia Beach, and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet East, the "Encroachment Area", and the Grantee has requested that the City per a-t a Temporary Encroachment within the Encroachment Area t f OW, THEREFORE? for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of one Dollar $1 0 in hard paid t the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment It is expressly understood and agreed that the 'temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City o Virginia Beach, and in accordance with the City' s specxf ications and approval and is more particularly described as follows,to- wit Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled "PROPOSED PIER IK NORTH EA SAND RIDGE IRGINIA BEACH, VA APPLICANT JULIO CAERAL" , Dated 4/8/02 , and reprised last on 10/ 4/02 , a copy of wh.1ch -is attached hereto as Exhibit "All to which reference is made for a more particular description It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty o days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney'attorney's fees, in case it shall. � 2 be necessary to file or defend an act3-on ari-sing out of the location or existence of the Temporary Encroachment It is further expressly understood and agreed that nothing herei-n contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that speciLfied herein and to the limited extent specified herein, nor to permit the maintenance and construction oL any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must obtain a pe mat from the Waterfront operations DiLvisi-n of the Planni-ng Department prior to commencing any construction within the Encroachment Area It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront operations Division of the Planning Department before commencing any construction within the Encroachment Area It is further expressly understood and agreed that the Grantee must obtain and ]peep 3-n force all-risk property insurance and general liability insurance) or such insurance as is deemed necessary by the City, and all insurance policies must name the I City as additional named insured or loss payee, as applicable The Grantee also agrees to carry comprehensive general liability 5 000 combined single � insurance in are amount not less than� . g 3 limits of such insurance policy or policies The Grantee will provide endorsements providing at least thirty o ) days mitten notice to the City prior to the cancellation or termination , or matey-ial change to, any of the insurance pol-ides The Grantee assumes all responsibilities and liabilities, crested or contingent, with relation to the Temporary Encroachment It is further expressly understood and agreed that the Temporary Encroachment must conform ro the minimum setback requirements as established by the City It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certif-ied by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by eiLther the City Engineer's office or the Engineering Division of the Department of Public Utilities it is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes . may require the Grantee t o remove the Temporary Encroachment and, pending such removal, the c3-ty may charge the Grantee for the use of the Encroachment area the equivalent of what would be the real t property tax upon the land so occupied if it were owned by the Grantee, and, if such removal shall not be made within the time ordered her inabove by thi-s Agreement, the City may impose a iI 4 { ti penalty in the sum of one Hundred Dollars ($100 00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITLESS WHEREOF, JULIO CAB AL and BEBBIE CAB AL, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk (SEAL) ATTEST C2ty Clerk 5 CITY of VI GI IA BEACH By City Manager/Authorized Designee of the City Manager 41� (SEAL) l io Carbra `� --' SEAL ebb1e Cab l �er C' o�usa� STAVE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this day o f , 20 , by City Sanager /Auth r i Designee of the City Manager, on behalf of the CITY GE VIRGINIA BEACH He/She is personally known to me Notary Public My Commission Expires STATE OF VIRGINIA CITY GE VIRGINIA BEACH, -wit The foregoing instrument was acknowledged before m thi-s far of 1 20 ,, by RUTH HODGES SMITH, City Clerk for the CITY OF VI GINIA BEACH Notary Public My Commission Expires STATE OF VLvu1aC�$100 CITY/COUNTY OF )h&41A1jA ~ k aa_h , to -wit The foregoing instrument was acknowledged before me this � day of OJ � 20�_, by JULZO CABRAL and DEBBIE CABRAL, his wife My commission Expires 06 0 Notary lKibl 1c I Encroachment for Julio & Debbie Cabral 2845 Sandpiper Road Looking across Bass Inlet East at applicant's house at 2845 Sandpiper Road 0 Looking South at bank behind applicant's house showing location of pier and access ( f) Page 2 Encroachment for Julio & Debbie Cabral at 2845 Sandpiper Road Looking North at bank behind apphcant'� house showing location of pier and access CITY OF VIRGINIA BEACH AGENDA ITEM �M Encroachment Request - 4469 Blackbeard Road Proposed pier, h1t and ramp mto Lake Joyce MEETING DATE 02/25/03 ■ Background The GST Exemption Trust has requested a encroachment into a portion of city owned property mown as Lake Joyce for the purpose of constructing and maantauung a pier, lift and ramp ■ Considerations City staff have reviewed the request for the encroachment of the proposed pier, lift and ramp and recommended approval of same subject to certain terms and conditions autlmed of the attached agreement ■ Public Information Advertisement of City Council Agenda ■ Alternatives Approve encroachment subject to the terms and conditions of the agreement, deny the encroachment or add conditions as desired ■ Recommendations Staff recommends approval of this request subject to the terms and conditions of the agreement E Attachments Ordinance Location Map, Agreement, Plat, Photos Recommended Action Approval Submitting DepartmentlAgency Public Works City Manager �� 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS INTO A 4 P4R7'I4N OF LAKE JOYCE BY THE GST 5 EXEMPTION TRUST ITS, HEIRS, ASSIGNS 6 AND SUCCESSORS IN TITLE 7 WHEREAS THE GST EXEMPTION TRUST desires to construct and 8 maintain an existing pier proposed pier, lrk and ramp into a portion Lake Joyce 9 WHEREAS, City Council is authonzed pursuant to §§ 15 2-2009 and 15 2- 10 2107, Code of Vugima, 1950, as amended to authonze temporary encroachments upon the 11 City's right-of-way subject to such terms and conditions as Council may prescnbe 12 NOW, THEREFORE BE IT ORDANED B Y THE COUNCIL OF THE CITY 13 OF VIRGINLA BEACH, VIRGINIA 14 That pursuant to the authority and to the extent thereof contained in § § 15 2- 15 2009 and 15 2-2107, Code of Virguna, 1950, as amended THE GST EXEMPTION TRUST, 16 its, assigns and successors m title are authorized to coast met and mamtam a proposed pier, 17 lift, and ramp mto a portion of Lake Joyce located at the rear of 4469 Blackbeard Road., 18 Section 1, Lot 2 81 B1oc 1, B a rlal a Pores as shown on the map enlatle " PROPOSED PIER, 19 LEFT & RAMP IN LAKE JOYCE AT 4469 BLACKBEAR.D ROAD VIRGDVIA BEACH 20 VA 23455 APPLICATION BY GST EXEMPTION TRUST SHEET 1 OF I DATE 21 FEBRUARY 121 2002111 copy of wtuch is on file m the Department of Public Works are 22 to whsch reference is made for a more pamcutar desenpton and 23 BE IT FURTHER ORDAINED, that the temporary encroachments are 24 expressly subject to thane terms, conditions and cntena contauied in the Agreement between the City of V g Beach and THE GST EXEMPTION TRUST, t �' r rr� r�t�# �inch 26 is attached hereto and incorporated by reference, and 27 BE IT FURTHER ORDAINED that the City Manager or his authonzed 28 designee is hereby authorized to execute the Agreement 29 BE IT FURTHER ORDAINED, that this Orduiance shall not be m effect until 30 such tune as THE GST EXEMPTION TRUST and the City Manager or his authorized 31 designee execute the Agreement 32 Adopted by the Council of the City of Vugima Beach, Vu-guua, on the 3 &Y of , 2003 34 A-# 35 PREPARED ED January 7 2003 APP ED AS TO CONTENTS 7/ C O S/ h SIGNATURE PU R4 Fhi�& DEPARTMENT APPROVED AS TO LEGAL SUFFICY AND FORM Ga" { I Nye, CITY ATTORNEY LAKE JOYCE PREPARED BY VIR MA BEACH CITY ATTORNEYS OFFICE EXENTED FROM RECORDATION 7`XF- UNDER SECTIONS 58 1- 11 aX ) AND 5 8 1 811 c 4 REDvMURSENfI T AUTHORIZED UDDER SECTION 25 249 M& TS AGREEMENT, nnc this A/or V� day of , 20Z.-Pand between the CITY f� �GINIABEACH VIRG IA►, a muracip corporation, Grantor, "C�ty' , and THE GST EXEWTI N TRUST, ITS SIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee'', even though more than one W I T N E S S ET That, V REAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and descnbed a "SECTION 1, LOT 28, BLOCK 1, BAYLAKE PINES' and being further designated and described as 4469 BLA KBEARD ROAD, Virgima Beach, Virginia 2 45 5, and That WHEREAS, it 1s proposed by the Grantee to construct and mwntain a PROPOSED PIER, LIFT AND RAW,, "Temporary Encroachment"', m the City ofVrrguua Beach, and WBERE S, rn constructing and maintainmg the Temporary Encroachment, it is necessary that the Grantee encroach into a portion ofan existing City property known as Lake Joyce "The Temporary Encroachment Area'', and the (grantee has requested that the City pern t Temporoxy Encroachment within The Encroachment Area GPIN 1479--997 NOW � THEREFORE, for and in consideration of the prenuses and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in hand paid to the City, receipt of wuch is hereby acknowledge, the City doth grant to the Grantee perrrussion to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment It is expressly understood and agreed that the Temporary Encroachment vn11 be constructed and rn intarned in accordance with the laws of the Commonwealth of Virginia and the City of Virguna Beach, and in accordance with the City's specifications and approval and is more particularly desenbed as follows to wit A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled "PROPOSED PIER, LIFT & RAND IN LADE J Y EAT 446 BLA I BE ARD ROAD VIRrYNI BEACK VA 23455 APPLICATION BY GST EXEMPTION TRUST SHEET I OF 1 DATE E RUARY 12 2002 REV APRDL 21, 2002 REV MAY 7, 2021>1' a copy of which is attached hereto as EXI-II IT "A" and to which reference i made for a more particular descrrt}n It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that wittun tturty (30) days after the notice is Doren, the Temporary Encroachrnent must he removed from The Encroachment Area by the Grantee, and that the Grantee mnll hear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall mdemiufy and hold harmless the City its agents and employees, from and against all c1mms, damages, losses and expenses including reasonable anomey's fees in case it shall be necessary to file or defend end are action arising out of the location or a sten a of the Temporary Encroachment 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the perrmssi4n and authonty to pernut the maintenance or construction of any encroachment other than that specified herein and to the lumted extent specified herein, nor to perrrut the mwntenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroaclunent so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must obtain a penmt from the Office of Development Services Center/Planning Department prior to commencing any construction vntlun The Encroachment Area It is further expressly understood and agreed that prior to issuance of a nt of way pest, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center Planning Department It is further expressly understood and agreed that the Grantee must obtain and keep in force all-n property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional ruined msured or loss payee, s applicable The Grantee also agrees to carry comprehensive general liability insurance in an mount not less than S500,,000 o , combined single linuts of such insurance policy or policies The Grantee will provide endorsements providing at least thirty (30) days written notice to the City pnor to the cancellation or to unation of, or maten l change to, any of the insurance policies The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment It is further expressly understood and agreed that the Grantee must submit for review and approval, a surrey of The Encroachment Area certified her a r &nstered professional engineer 91 or a licensed land surveyor, and/or 'gas built" plans ofthe Temporary Encroachment sealed bar registered professional engrneer, if required by either the City ngmeer}s Office or the Engineenrig Division of the Public Utilities Department It is further expressly understood and agreed that the City, upon revocation of such authonty and permission so granted, may remove the Temporary Encroachment and charge the cast thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes may require the Grantee to remove the Temporary Encroachment, and pending such rernoval, the City may charge the Grantee for the use of The Encroachment Area, the egwv lent of what would be the real property tax upon the land so occupied if it were owned by the &antee, and if such removal shall not be made vvsthin the time ordered herein above by this Agreement, the City may unpose a penalty in the sum of One Hundred Dollars ($10Q 00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or Mate taxes IN WITNESS Iv R OF, CHARY DEW SCHERMERHORN., TRUSTEE, the saYd Grantee has caused this Agreement to be executed by his signature and seal duly affixed Further, that the City of Virginia Beach has caused tfus Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk (SEAL) ATTEST City Clerk CITY OF VIRGINIA BEACH H B City M n er uth n ed Designee of the City Manager i � 1 I Ew scHERMERxoxrj 1 TRUSTEE OF THE GST j EXEMPTION TRUST STATE OF VIRGIMA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before one is day of �, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THIE CITY MANAGER Notary public My Comrmssion Expires STATE OF VIRGINIA CITY OF VIRGMA BEACH to -wit The foregoing instrument was acknowledged before nee thus day of �by RUTH HODGES SMITH,City Clerk for the CITY OF VIRGMA BEACH Notary Public My Crnrmsjon Expires 5 4 STATE f r ,,-3 CITY/COUNTY OF to -wit The foregoing instrument was acknowledged before me this , & day of w �4z 4P 20e by GARY DEW SCHERMERHORN, TRUSTEE My Comnussion Expires APPROVED AS TO LEGAL SLJFFICIE Y CITY ATTORNEY C� otajy Public - APPROVED AS TO CONTENT OTY REAL ESTATE AGENT � OHW AT FACE OF BULKHEAD woOD BULKHEAD 0 I P F i � AN r \` PROPOSED PIER AND UFT ol LOT 28 c 0 ONE STORY BRICK{ ion# 4.46 9 jl;�tj L07 27 9 � N/F GEQRGE W ACKL�Y III 1479-89-084 CD LF SITE DATA L-67 35 LOT 28 6LO K ONE BAYLAKE PINES "50 00 FIEF MB 31 P iPF PIN 14 —8 --03 7 ZONED R-10 LAKE JOYCE OWNED BY THE an OF VIRGINIA BEACH co ASPHALT DRIVE to LOT 29 N F VICTORIA G ZIMMERMAN 1 7 0— — O1 !PF PROPOSED 12 x 5 CONC. RAMP EYJ T PIER ROAD (50 PLAN VIEW LACKBEAR� SCALE ,„ = 40 B REV APRIL 21, 2002 CQ 2002 WATERFRONT GONSUL7ING INC ALL RIGHTS RESERVED REV MAY 7, 2002 PURPOSE BOATiNG ACCESS PROPOSED PIER LIFT &RAMS DA AKE JOYCE A PCS MMSL = 00 WATERFRONT AT �4 6IvIRGINIA9 SLACKBEARD ROAD 1 GEORGE W ACKLEY III CONSULTING, INC APPLICATION BEACH, VA 23455 2 VICTORIA G ZIMMERMAN 1112 JENSEN DRIVE STE 206 SST EXEMPTION CRUST VIRGINIA BEACH VA 23451 PHONE/FAX (757) 425-8244 SHEET 1 OF 1 DATE FEBRUARY 12 2002 EXHIBIT "A" r' ti �. '�- _ " it % WIL -0 a+ . .. + O'er I + i Ah ir *; IL IV 40 •�,}} , .. �yF �rtip# �f. rtr � ' � •� 7 _-.F� .' *+{�",��_� y ` ,•+} t+, w#epice# .� ~ �•_ 'tea 4� �' iF _+•yt,r�i'�;y .#IL �__*i.�. �'.~ ` AshJr - d V. YF- oa� ;* . 4 . . & . 7 ! A� 06 Or Ib dh ql� ..rim � .• , %L r _ _ '. - •� ' � � . 1 _ � y- � • . �+ odip a G ; iwr t r . a - �� * r + r AMC# F�dw y� rake t -�+ �. 1 - � -r; � - •� , �. � � +mv d fIRI, •f1p.+ * do + . PIP ipow A ' pz Ap Ik de AppW r .model -40 • � �� � -v - J6 IF IL y � .^ � � ■ it r N Y h I ' mr- ' rt IL iyr 1''� 1 • . - or wr 6�. A Z--W k F kd tom•. ■ *5T � � �-� x~ �•:+` , �r .�;'' � � +•a' 1 - ir- Ar ; w pq �� ��- + +�•.�r'�' �F fir. i• .�F +y�' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Encroachment Request to construct and maintain a pier and boat lift for Michael T and Patricia B Dunham MEETING DATE February 25 200 ■ Background Mr and Mrs Dunham desire to construct and maintain a pier and boat lift in the Lynnhaven Promenade at the rear of their property are Crab Creek ■ Considerations City Staff has reviewed the requested encroachment and has recommended approval of same, subjected to certain conditions outlined in the agreement There are encroachments of the same nature surrounding Crab Creek, where the Dunhams desire to construct their encroachment ■ Public Information Advertisement of City Council ■ Alternatives Approve the encroachment as presented, deny the encroachment or add conditions as desired by City Council ■ Recommendations Approve the request subject to the terms and conditions of the agreement Attachments Ordinance Location Map, Agreement, Plat, and Pictures Recommended Action Approval of the ordinance Submitting DepartmentlAgency Public Works 1 Real stat , City Manager }- t ff4l'k 1 4 7 9 I 14 1 1 17 1 1 20 21 2 2 2 2 Requested by Department of Public Works A14 ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE Ri hT-OF-WAY AT 2078 TAZEWELL ROAD BY M T C HAE L T D U HAM AND PAT R I C T A B DUNHAM , ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Michael T Dunham and Patricia B Dunham, husband and wife, desire to construct and maintain a pier and boat lift into the Cityls rights -of -way located at the rear of 2078 Tazewell Road on the Lynnhaven Promenade hERE .S, City Counci 1 is authorized pursuant to 15 2- 2009 and 15 2-21071 Code of Virginia, 19 5 0 , as amended, to authora-e a temporary encroachments upon the City' s ra-ght-o -way subject to such terms and conditions as Council may prescribe NOW, , THEREFORE BE IT ORDAINED BY THE 0U CIL OF THE Im OF VIRGINIA BEACH, VIRGINIA That pursuant to the authority and to the extent thereof contained in §§ 15 2-2009 and 15 2-21.7, Code of Virginia, 1950, as arnerided Michael T Dunham and P a r a-1 a B ' unh a r, assigns and successors -in title are authorized to construct and maintain a temporary encroachment for a pier and boat li-ft in the City' right-of-way as shown on the map entitled "'PROPOSED PIERS & BOAT LIFT IN CRAB CREEK V I R I IA BEACH F VA APPLICANT MIKE DUNHAM 4 1 TV,a copy of which is on f ile in the Department of Public 2 2i 28 O I 33 32 5 36 8 39 40 41 42 4 4 45 4 47 48 4 50 51 Works and to which reference is made for a more particular description, and BE IT FURTHER O DATNE , that t'2e temporary encroac�ane is are expressly subject to those terms, conda-tions and criteria contained in the Agreement between the City of Virginia Beach and is aei T Dunham and Patricia 9 Dunham, kth "Agreement") which is attached 1,ereto and incorporated by relEerence, and E IT FURTHER ORDAINED that the Ca-ty Manager or his authorized designee is hereby authorized to execute the Agreement E IT FURTHER ORDAINED, that this Ordinance shall not be .,n effect until such time as Michael T Dunham and B Dunham and the city Manager or his authorized designee execute the Agreement Adopted by the Council of the City of Virginia Beach, Virginia, on the dad of if 2003 A-# gsaimons dunham/ ord -1 PPE PARED 01 Z'29 013 APPROVED AS TO CONTENTS C <CVL- &kfF- DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND CITY O Y TA EWELLDG ] mis PREPAID BY P/W ENG DRAFT JAB 28,2003 -- , PREPARED BY VIRGU14TA BEACH CITY ATTORNEYS OFFICE EXENT ED FROM RECORDATION TAXES L DER SECTIONS 5 8 1- 11 a AND 58 1 811 4 REV LTRSENMNT AUTH RI ED UNrDER SECTION 25 24 THIS AGREEMENT, EI T, made flus day of , by and between the CITY OF VIRGINIA BEACH, IV IRGII IA, a mumcipal corporation, Grantor, 'City , and MICHAEL T DLNHAM and PATRICIADL HAI I, husband and wife , THEIR HEIRS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one W I T N E S S E T H That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of lard designated and described as " THREE STONY FRAME # " as shown on "EXHIBIT " " PLAT F CRAB CREEK C ND NII IUM BAYSIDE BOROUGH - VIRGINIA BEACH VIRGINI SCALE 1'} = 1 ' JA UARY 28,, I 87", as recorded In M B 2633,atpage416 In the Clerks Office of the Circuit Court of the City of Virgima Beach, Virginia and described as 2078 Tazewell Road, Virginia Beach, Virgmia 23455, WHEREAS, it is proposed b the Grantee to construct and mamtam a pier and boat lift "Temporary Encroachment", in the City of Virua Beach, WEEREAS, in con truetmg and niauntaunng the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of wav known as Lynnhaven Promenade "The Temporary Encroachment Area", and WHEREAS, the Grantee has requested that the Cit p rant a Temporary Encroachment within The Encroachment Area PIN 1 4--23-0 NOW, THEREFORE, for and in consideration of the prermses and of the benefits accrmg or to accrue to the Grantee and for the fitrther consideration of One Dakar ($100), m hand paid to the City, receipt of wfuch is hereby acknowledged the City doth grant to the Grantee pernussion to use The Encroachment Area for the purpose of constructmg and nmintaming the Temporary Encroachment It is expressly understood and agreed that the Temporary Encroachment will he constructed and mamtwned m accordance with the laves of the Commonwealth of Virguma and the City of Virginia Beach and m accordance with the Crty's specifications and approval and is more particularly described as follows, to wit Temporary Encroachment into The Encroachment Area as shown on that certam plat entitled "PROPOSED PIERS & BOAT LIFT IN CRAB CREED VIRGINIA BEACH VA APPLICANT MIKE DLNHAM"a copy ofwhr h is attached hereto as Exhrbit "A" and to whach reference 1s made for a more particular description It is further expressly understood and agreed that the Temporary Encroachment herein authorized terrrunates upon nonce by the City to the Grantee, and that vsntlun tturtv (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee, and that. the Grantee w h hear aU costs and expenses of su n removal It 2s further expressly understood and agreed that the Grantee shall mdemmfy and hold harp ess the City, its agents and employees, from and against all clams, damages losses and expenses mclud g reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or ex fence of the Temporary Encroachment It is further expressly understood and agreed that nothing herein contained shall b construed to enlarge the pernrussron and authonty to pemut the maintenance or construction ofan encroachment other than that specked herein and to the linuted extent specked herein nor to perrmt. the m=tenance and construction of any encroachment by anyone other than the Grantee It is ffirther expressly understood and agreed that the Grantee agrees to rr aantam the Temporary Encroachment so as not to become unsightly or a hazard It is fmher expressly understood and agreed that the Grantee must obtain a perm from the Office of Development Semees Center Phinning Department prior to commencing any construction within The Encroachment Area It is f u tber expressly understood and agreed that prior to issuance of a right of moray pen t the Grantee must post sureties, m accordance with their engineer's cost estumte, to the Office of Development Services Center/Plannmg Department It is farther expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general babihty or such msurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable The Grantee also agrees to carry comprehensive general hablhtv insurance m an amount not less than $500,000 00,, combined smgle its of such insurance pohcy or policies The Grantee unll provide endorsements provxdmg at least thirty (30) days v+mtten notice to the Cary prior to the cancellation or tenmination of or material charge to, any of the insurance policies The Grantee assumes all responsibilities and hahi1ities, crested or contingent, with relation to the Temporary Encroachment It is further expressly understood and agreed that the City, upon revocation of such authority and pern ssion so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost m any manner provided by lave for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such 3 removal, the City may charge the xrantee for the use of The Encroachment Area, the a wvalent of ghat would be the real property ta--.K upon the land so occupied if it were owned by the rr nt e, and if such removal shall not be made within the tie ordered hexe a ove by this Agreement, the City may unpose a penalty w the sum of'One Hundred Dollars ($100 OQ) per day for each and every day that the Temporary Encroachment is allowed to contmute thereafter, and may collect such compensation and penalties m any manner provided by law for the collection of local or state taxes IN WITLESS WHEREOF, Michael T Dunharn and Patricia B Dunham, the said Grantee has caused thus Agreement to be executed by their signature and seal duly affixed Further that the City of Virgima Beach has caused t1us Agreement to be executed m its name and on its behalf by its City Manager and its seal be hereunto armed and attested by its City Clerk (SEAL) ATTEST City Clerk 4 CITY OF VIRGINIA BEACH y City Manager/Authorized Designee of the City Manager � � l Michael T Dunham Patricia B Dunham STATE of VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing unstnunent was acknowledged before me this day of y , CITY MANAGER/AUTHORIZED DESIGNEE of Ti E CITY MANAGER Notary Pubh My Co mussion Expires STAVE of VIRGINIA CITY OF VIRGINIA BEACH, to -merit The foregomng mstr meat was acknowledged before me this day 35 b UT i HODGES SMITH, City Clerk for the CITY OF ' IRGINIA BEACH My Comnussion Expires z Notary Public STATE 4F CITY/COUNTY rp ��a� , to -wit The foregouig uistniment was acknowledged before me this _ ,�Ork, day of 3 by Michael T Dunharn and Pamcia E Dunharn .u..cJI toLJ `]aovCc Notary Pubhc "�� My C nmssi n Expires Niy Comm Es on Expires .curie 3 ,, 2000 J APPROVED AS T LEGAL SUFFICI N�S CITY ATTORNEY Rev 07-24-02 APPROVED AS TO CONTENT C�fY REAL ESTATE AGENT Th ,-- 1AbL4EL LIMIT LOCATION �� - FROM I ATE Y SMVEY �, - -4-;- PARK �� � �1. t, C WE HEI TOE _ row YEN CITY CF VIRGINIA BEACK ' LY VEN W&T ADD SEAM rACI ITY x � CPJkg CREEK DREDGED TO 04 ado E: 1 su { PO c Creeks r E LLA V'rr Cr PARK � each 26 k-rma SEE SURE RA GEET 2) 45 POW PIERS eqLn*�' 7 C I 7-Y OF VA BCH VICInITY M A P L rmmmAYEN PROMENADE vEGETATED wERANDs +1 i I EX I ST l DECK IL L SWANGER No Ova DEIX 41 ell r LYNNHAYEN Pal UA DES NIMPROVED) CITY OF VA BCH 25 WIDE 1 rn * � a 3- R To PW REAL ESTATE OFFICE TO COWRft7 & VAINTAIN � =iG ORIYI! A WWD DOCK SD FIEMNT CIRCL. CRAB CREAK CMDGIllINUM AT AW19 TALL. ROAD LOT 4 BLOCK 4 s T A acem ) =1416 21 L--94 77 MOLL K0 UAR w[orH) PLOT P LAN I OMST # NAMSIDE) 1RP5E MAR 1 Fl�GS #P"PL I C�iT PLS `"'LM = GS MIKE E�.�#iAi�i � PIERS & 4T LIFf TAZOeL RAID IN CRAB OEM VIRGIOnA BEAcmA.2545 VIRGINLA EEACR VA AFT APPLICANT WE DJNH M KEN THCPFSN Cb B=m mrw r 0 Exhibit CW-MPEW VA 3Z r 3 c 9 8 (" = 24 0+ 2"SETEACK 25 wmAa r I� 3. sty " 4 E WIDE 5 LG ENCROACHMENT LE�l = � v 13 PROP LINE IEXT zI 1H SLOE i +, r 1 _ uj w m — — _ oui l 1 TENDWr EKROACHMUT APPLICATION S 1TF-:D TO PW REAL TTATE OFFICE TO C ONST RUC-ri HA I WT A 1 Ni EX El A WOW DOCK Lu a I � 1 WATT+ IFT I N TALLATSON Ali �T IN AC OiDA1C� Tii N#F SPECI ICATIONS I x12 CDcr- PILE PAC 1 NAG 10 000# CAP FT PENETRATION OR I PATF 9 —TON RATING CAPACITY—�-- � 4 6"wIDE x 5 +!LG I -- -. 1 r -01— '- �,T A. w PEP LiNk'1"sT c LY AV PRONEUR ';# f �- ENCROACHMENT LEPIGT i 1 � (�.MdI:I'IPf�[3�►BD) C. 1 � PLAN OF PIER 1 8 =1 9 5. MAT LEFT` I Tw wn Irk *5 025 CLEAk 5 `I XX TCP PIER EL 4 5 L Ll CD Lp 43 aEm a WETLANDS GRk�S r -5 D mp a MLW UPICAL PIE! WN TRUCTION DECKING 2 x 114"OPENr JOI Nl S 160 NAULS i EA Ja I S t JOIST 2 Xg 3 24 (MJLX) TOE NAIL EACH J01,,T STRINGERS D8L 2 xg BOLTED 5/8 6 W PLT WAS14ERS PILES 9 (MIN) BUTT DIAM 0 PENETRATION al MD LIKE MATERIAL SPEC I c I CAT I OILS— DECKINGi CCA 0 4 IPCF (LP-22) FRAMING 2 5 CCA IPCF (MLP-U) PILING 2 5 CCA #PGF (MP- ) HARDWARE ilOT DIPPED GALVANIZED (ASTm Al ) REV b/ZS/UZ- v +2/f2- I WELL RDU I � � r l � 1 ��r � 1 1 OEM w M #r #+r Im IIIIIIIIIn OFS Fyn "a an wpm& 6% E oft J s am am tir aft Im fto it o4 dm aft ONEan Aw IIIIm om 11! aft on wo SURVIEY---,]L WI L T E 23 41" scale fewomm'm %we Or POR7-XW OF THE LYNNHAV N RAVER TY OF VIRGINIA BEACH DEPARTMENT OF PUBUC WORKS ENGINEERING DIVISION mm Rom �oaR r Ma ae.p+ AM FE #IAJM o cw c 1 50 SEPT 11 2002 I cam mm ftb basoaLM mL0002 o r� sif w.I Michael and Patricia Dunham 2078 Tazewell Road Location of the pier and boat lift Adjacent property Michael and Patricia Dunham 2078 Tazewell Road Encroachments of the same nature due north on Crab Creek CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Encroachment bequest to maintain a brick patio, shed concrete block/wood fencer and chimney for Michael and Lucille Brown MEETING DATE February 25, 2003 Background Mr and Mrs Brown desire to maintain an existing brick patio, shed# concrete block good fence and a chimney at 4500 Pleasure Avenue The Browns have rude application for this encroachment as a requirement by a special condition attached to a variance approval by the Board of Zoning Appeals on June 19 2002 on an unrelated matter ■ Considerations City Staff has reviewed the requested encroachments and has recommended approval of same subjected to certain conditions outlined in the agreement The brick patio, fence and chimney were constructed prior to Mr Brown's purchase of the property in 1990 The shed has been there for approximately 13 years The chimney encroaches less than X9 into Seaview Avenue and the patio encroaches less than 10' into the paper street Lauderdale Avenue The shed encroaches into the paper street Lauderdale Avenue The fence encroaches along Seaview Avenue and the paper street Lauderdale Avenue There are encroachments of the same nature throughout Chesapeake Terrace, which is where theBrown's encroachments are located ■ Public Information Advertisement of City Council ■ Alternatives Approve the encroachment as presented deny the encroachment or add conditions as desired by Council ■ Recommendations Approve the request subject to the terms and conditions of the agreement Attachments Ordinance Location Map Agreement, Plat Pictures, and Minutes to BZA Meeting n June 19 2002 Recommended Acton Approval of the ordnance Submitting Department/Agency Public Works 1 Real Estate City Manager 9 rk , �� 1 2 4 6 7 10 1 13 14 15 l 17 1 1 2 21 2 2 24 25 Requested by Departert of Public Works AN ORDINANCE E TO AUTHORIZE TEMPORARY ENC.ROACHMENTS INTO A PORTION of THE RIGHT-OF-WAY of sE VIEW AVENUE AND LAUDEI DALE AVENUE BZ M I CH EL D BROWN AND L U I LLE 2 BROWN, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, S, Michael D Brown and Lucille P Brown, husband and wife, desire to maintain a brick patio, shed, concrete lock/wood fence, and chimney into the City's City'right-of-way located t 4500 Pleasure Avenue WHEREAS, , City council is authorized pursuant to 15 - 2009 and 15 -2I07, Code of Virginia, 1950, as amended, to auth r-Lze temporary encroachments upon the City' right-of-ways sub3 ct to such terms and conditions as council may prescribe NOW, THEREFORE BE IT CPDAINED TFE COUNCIL OF TIDE CITY F VI GI IA BEACH, VI1 GINIA That pursuant to the authority and to the extent thereof contained in 15 2--2009 and 15 -1 7, Code cf Virginia, 1950, amended Michael D Brown and Lucille P Brown, assigns and successors in title are authorized to maintain a temporary encroachment in the city' s right -of -wags as shown on the map entitled "PROPOSED ENCROACHMENT FOR MICHAEL AND LUC I LLE BROWN TO CONSTRUCT AND MAINTAIN PATIO, cHIMNE , SHED, AND CONCRETE BLOCK/STOOD FENcE11, a copy of which is on file in the Department of 26 2 9 30 31 32 33 34 3 36 37 3 39 4 41 4 4 44 4 46 47 4 4 0 51 Public Works and to which reference is rude for a more particular description, and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly su D ect to those terms, condita-ons and critera-a contained in the Agreement between the City of Virginia and Michael D Brown and Lucille P Brown, (the "Agreement") which is attached hereto and 3ncrp-aced by reference, and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement BE IT FURTHER ORDAINED, that thi.3 Ordinance shall not be in effect until such time as Michael D Brown and Luci.ile P Brown and the Caty Manager or his authorazed designee execute the Agreement Adopted by the Council of the City of Virginia Beach, 3r�nia, on the clay of , 203 -# gsaImons/browns ora R-1 PREPARED 01 30 03 PROVED AS TO CONTENTS It Ow-.%- C d5l SIGNA'PCJRE r ++� 7JKe,I CLi1�l:lG DEPARTMENT APPROVED AS TO GAI, SUFFICIEI3 RM CIT ATTORNEY PLEASURE AVE DGN M j 5 PREPARED E BY P/1 ENG CADD DEPT SEPT 23,2002 PREPARED BY V1R `xMA BEACH CITY ATTORNEY S OFFICE E ENVTED FROM RECORDAUON TAXES UNDER SECTIONS 58 1-1 1a3 AN 1- 11 c)(4) REMM R EMENT AUTHORIZED ENDER SECTION 25 249 THIS AGREEMENT, Eriade this day of 2003, by and between the CITY OF VIRGI FIA BEACH, VIRGINI , a municipal corporation, Grantor, "City" and NUCHA L D BROWN AND L CILLE P BROWN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS FN TITLE, "Grantee" xrant e" even though more than one W I T N E S S E T H That WI-fEEAS, the grantee is the owner of that certain lot, tract, or parcel of land designated and desery ed a " 1 7" as shown on "PLEASURE HOUSE CAII IP (vroDerry of Henry & H W Hunsberger _Bem ReSubdxvision of Block No 2_shown on RECORDED PLAT OF CHESA EAI E TERRACE SubdivLsion No I PR-TNCESS ANISE COUNTY VA ,as recorded in M B 7 at Page 18 in the Clerks Office of the Circuxt Court of the City of Virguua Beach, Vugvnaa and being further designated and descnbed as 4500Pleasure Avenue, Vrrguua Beach, Virg a WPEREAS it is proposed by the Grantee to rn=tain an exming hack patio, shed, concreteblock/wood fence, and chimney, "Temporary Encroachment", m the City of Varga Beach WHEREAS, in maantang the Temporary Encroachment, it Ls necessary that the Grantee encroach into a portion of an existmg City right ofwa r at the rear and side of 4500 Pleasure Avenue "The Temporary Encroachment Area", and GPIN l 5'70- 1- 5 8 WHEREAS, the Grantee has requested that the City pert a Temporary Encroaclunent within The Encroachment Area NOW, THEREFORE, for and m consideration of the prenuses and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 OU), m hand paid to the City receipt of winch is hereby acknowledged, the City loth grant to the Grantee pens ssion to use The Encroachment Area for the purpose of constructing and maintaming the Temporary Encroachment It is expressly understood and agreed that the Temporary Encroachment will be constructed and n amt.amed m accordance with the laws of the Conunonwealth of Virgu-na and the City of Virginia Beach, and 1n accordance wi th the City's specifications and approval and is more particularly described as follows, to wit A Temporary Encroachment mto The Encroachment Area as shown on that certain plat entitled "PROPOSED ENCROACHMENT T FOR MICHAEL AND LU ILLE BROWN To CONSTRUCT AND MM TAIN PATIO, CHIMNEY SHED, AND CONCRETE > LOCKIwooD FE CEI', a copy of which 1s attached hereto as Exhibit "A" and to winch reference is made for a more particular descnption. It 1s further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that vathm thnty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee, and that the Grantee wdl sear all costs and expenses of such removal It is fizrther expressly understood and agreed that the Grantee shall mdemnLfy and hold harmless the City, its agents and employees from and against aU clamors, damages losses and expenses including reasonable attorney's fees in case it shad be necessary to fie or defend an action arising out of the location or existence of the Temporary Encroachment It 1s further expressly understood and agreed that nothing herein contained shall be construed to enlarge the perms ion and authority to peanut the maintenance or construction of any encroachment other than that specked herein and to the hn uted extent specified herein, nor to pert the maintenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to nuarntam the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the grantee must obtain and keep m force all-nsl property insurance and general habihty or such insurance as is deemed necessary by the City, and all msurance poheies must rune the City as additional named imured or loss payee, as applicable The Grantee also agrees to carry comprehensive general h bihty insurance m an amount not less than $500,000 00, combined single hrmts of such m ur nce policy or poheies The Grantee will provide endorsements providing at least thirty (30)days written notice to the City prior to the cancellation or ternumuon of, or material change to, any of the insurance poheies The Grantee assumes all responsibilities and habibties, vested or contingent, with relation to the Temporary Encroachment It is firther expressly understood and agreed that the City, upon revocation of such authority and pemussion so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost m any miner provided by laver for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such removal, the City may charge the grantee for the use of The Encroachment Area, the equivalent of ghat would be the real property tax upon the land so occupied if it were owned by the Grantee, and Lf such removal shall not be made within the time ordered hereinabove by this Agreement the City may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may coflect such compensation and penalties in any nmmer provided by laver for the collection oflocal or state taxes I )UTN SS WHEREOF, Michael D Brown and Lucille P Brown, husband and wife, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed Further, that the City of Virginia Beach has caused thrs Agreement to be executed in its narne and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk (SEAL) ATTEST City Clerk CI CITY of VIRGINIA BEACH y City Manager Author ed Designee of the City Manager jjC'4'A 'D Q-'1" /yy\ Z"' Michael D Brown Lucille P Brown j STATE OF VIRGINIA CITY OF VIRGINIA BEACH to -wit The foregoing instrument was acknowledged before me this day of 20�7 by , CITY MAI AGER A THORI EI DESIGNEE OF THE CITY 1�AN AGER Notary Public My Comnussi n Expires STATE of VIRGINIA CITY of VIRGIMA BEACH, to -mat The foregoing instrument was kno pledged before rye this day of 20 by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH Notary P ubhc My Corn fission Expires STATE o CfTY/COUNTY OF t1l The foregoing instrument was acknowledged before me thus cQ 7 day of JI _, 200) ' �by Michael D Brown and Lucile P Brown Notary Public My Conunision Expires U041 APPROVED AS TO LEGAL SUFFiCI CY CITY ATTO EY Rev 07 24 02 APPROVED AS TO CONTENT Qam&&. &Wi"x dyFY REAL ESTATE AGENT 37 PROPOSED ENCROACHMENT FOR MICHAEL AND LUCULLE DROWN TO CONSTRUCT AND I1 AI TAM PATIO, CHIN', SHED, AND CONCRETEBLOCK/WOOD FENCE Exhibit "A" Tad F i 475 s_..T l • .ram,-.,. * . 4 r tiIL qrr •�VAF, If 0` f � `■. l �' f 'y •ter - �;'� *+ .+_ -� r - - • � + � r * f + � .ice 4. �r ` i y�1 •'i. 41� ■. �f, +�`+~."- 4 y f ram~ta-ov • , .T .. .' 7.'. �{� _ + -{ -r y;+ ..LOtt- Nit■i #':' "� '+i{'--�ri•' yr• ` �'' �., ' ��•� r. - Y •a `.�~._ , �` i :-.� ram. ,1 •. .#`l k* r-.� ,.}�. 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'•�_, � �, _ _� -..�_ � ..�.� I'�+�� 4�� .��t r :c -, ;� r ., -r�Lf ate'-"f�,' ��.- ���y �� �� i � �; � ��• ��: �+, 1� �. .€, ' � � L*`r� 'r f '�'' * �� r ' � j•-. � w + 8. _ ' . i�}.'.' .=� , i _ 1 M ,'ti �' •. � .a - J � �: y *` # t • Y ' 16 dk- +mot y9v ■ L ! y i • �'�+* \ L, � ��-' Jr �f +�v�.��.�F +-•� � 1�,� - t III r. � �� it � - f y�Y 'ate '�` ,,h�,.r�; ., * ` ,••"�"+� � - �`",�-ir� •fir• -,� ;; � #� 61V(7. r _•ram Y y,t""'r, i�rGr~ �r * _ . ti�"f{ . = lit jkpl ENCE E #' X° t � s CITY OF VIWGINIA B AGENDA ITEM ITEM An Ordinance To Accept and Appropriate $51,000 In Recovered Expenses Related To A Consumer Affairs Case Settlement To replace Lost State Revenue In The Commonwealth Attorneys Office MEETING DATE February 25, 2003 ■ Background As a result of the work of the consumer Affairs division in the Commonwealth Attorney s office, the office has settled a case under the State Consumer Protection Act As part of the statute involved,, the commonwealth Attorneys office has received 1 000 as recovery of expenses incurred in investigating and preparing the case The Commonwealth's Attorney has requested that this money be applied to its operating budget for the current fecal year to offset a portion of the State revenge reductions the office is facing as a result of the State s budget ■ Considerations Given the current budgetary issues that the Commonwealth Attorney's office faces, the use of this revenue will help mitigate the cuts the Commonwealth Attorney is facing from the state Specifically, ,t will allow the office to retain one of the two attorney positions that would otherwise have to be eliminated if no mitigation using the $1 00 were allowed a Public Information Public Information will be handled through the normal agenda process s Alternatives The city could accept the revenue but not apply it to the Commonwealth Attorney s budget This would not allow the Commonwealth Attorney to mitigate the impact of the FY 2002-0State budget cuts the office is facing ■ Recommendations Staff recommends that this one-time revenue source be used to allow the Commonwealths s Attorney to retain one attorney that they would have otherwise lost in the current fiscal year The Commonwealth s Attorney will still face reductions in FY 2003-04 and this funding will not address tho a concerns but at least the office can benefit from the legal settlement and cover some of their operations in the interim ■ Attachments Ordinance Letter (January 30 2003) News Release (January 34 2003) Recommended Action Approve Attached ordinance submitting Departmentl gen y Management services City Manager F I I ata\ T\ rdin lcwaarf w-pd 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $ 1, 000 IN RECOVERED EXPENSES RELATED TO A CONSUMER AFFAIRSCASE SETTLEMENT TO REPLACE LOST STATE 4 REVENUE ICI THE COMM NWE LTH F S ATTORNEY' OFFICE 6 7 WHEREAS, the Commonwealth's Attorney' s Office has settled a case under the State Consumer Protection Act, and received $1,00 that can be used to offset state budget 10 reductions 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 12 CITY OF VIRGINIA BEACH, VIRGINIA 13 1 That $51,000 in revenue from a legal settlement 14 is hereby accepted and appropriated to the Commonwealth 15 Attorney' s FY 2002-03 Operat-ing Budget t replace $51,000 of 16 state revenue lost as a result of earlier state budget 17 reductions 18 2 That $ 1, 000 in state revenue is reduced from the 19 FY 2002-03 operating Budget to reflect state revenue reductions, 20 and miscellaneous revenue is increased b $1,00 21 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the day of 2003 24 CA- 7 4 OrdinNonoodeowaord wpd R-1 - February 7, 2002 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFIGIENCY Management Services aw Department CITY OF VIRGINIA BEACH AGENDA ITEM ITEM ordinance To Accept And Appropriate $20,000 In Anticipated Revenue From FEMA To The Fire Departments FY 2002-03 operating Budget For Deployment of Urban Search And Fescue Personnel To The Columbia Shuttle Disaster Recovery MEETING DATE February 25 2003 w Background Following the tragic break up of the Space shuttle Columbia over northeastern Texas, President Bush signed disaster declarations for the States of Texas and Louisiana on February 1, 2003 As part of this declaration, FEMA was directed to coordinate federal recovery efforts through the Federal response plan One member of Virginia USAR Task Force 2 has been deplored to assist on the Incident support Team The estimated duration of the deployment is February 5 through February 14, 2003 0 considerations As with past activations the Federal Government will reimburse all expenses, including payroll and baclrfills ■ Public Information Public Information will be handled through the normal council agenda process ■ Alternatives The City s designation as the sponsoring agency for A-TF2 and our participation with FEMA is a pre -arranged relationship and obligation through a standing Memorandum of Agreement ■ Recommendations orrmendations Appropriate $20,000 forthe processing of payroll, equipment supplies and other expenses incurred during the deployment period 0 Attachments Incident support Team Activation Order Ordinance Recommended Action Appropriate funds Submitting Department/Agency Fire Department City Manager , L 1 S V11 F 1D tail T 1 rd in\N ON CODEIf mash ul rt wpd 1 AN ORDINANCE TO APPROPRIATE $20, 000 IN ANTICIPATED REVENUE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE 4 DEPARTMENT'S FY 2002-03 OPERATING BUDGET FOR DEPLOYMENT OF URBAN SEARCH AND RESCUE PERSONNEL TO THE COLU'lIA SHUTTLE DISASTER 7 RECOVERY WHEREAS, one member of the Federal Emergency Management Agency (•` FEMA") Search and Rescue Team from the Virginia Beach Fire 10 Department has been activated for deployment to the Columbia 11 Shuttle disaster recovery effort, and 12 WHEREAS, under federal law and the agreement between FEI 13 and the City, costs incurred as a result of deployment are fully 14 reimbursable from F EMA 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, Virginia 17 That $20,000 in anta-cipated federal revenue from the 18 Federal Emergency Management Agency is hereby appropriated to the 19 Fire Department's FY 2002-03 Operating Budget to fund a FEMA 20 deployment to the Columbia Shuttle disaster recovery effort, with 1 federal revenue increased accordingly 2 Adopted by the Council of the City of Virginia Beach, Virginia 23 on the day of , 2003 CA-8764 Orden/Noncode/femashuttleord wpd R-1 - February 14, 2003 Approved as to Content Management Services Approved as to Lega]. Sufficiency Departmen aw DEB S 2003 2 21PM NJECC 202 646 2484 NO 3534P 1/5 MEMORANDUM FOR FROM SUBJECT Federal Emergency Management Agency Washington, D C 20472 ACTIVATION ORDER Incident Support Team Members NaUonai Urban Search &Rescue Response System 3ef'F Ghc DLrect r Emergency upp Teats IST Activation Order — Shuttle Columbia Incident cideiat Type oe tzon At approximately 0859 EST on February 1, 2003, Space Shuttle Columbia with the entire crew of seven astronauts broke up over northeastern Texas This resu l i ed m a 200-rm le long deb s field extendhng frorn southeast Dallas to the., vicimty of the Te,x .�- oursrana border Debris has been reported m 19 counties with the heaviest concentrations reported m Chemkec, Nacodoches, St Augustine, Sabme and Anderson Counties ui Terms State and local officials have located and secured shuttle debris at approxnnately 1200 ute i n Texas The State of Texas and NASA have requested hurnam remains cerbf od camne oearch teams from E1 IA's Urban Search and Rescue Division Elackground President Bash siped Emergency Declarabons for the States of Texas and ,ow sjana at about 18 00 EST on February 1, 2 003, Disaster Field Offices are established in both 'tates President Bush and Secretary of the Department of Homeland Security Tom Ridge i hrect ad FENIA to coordinate federal recovery efforts through the Federal Response plan. FFMA is cooperating with NASA and other federal agencies to preserve. the evidence of ` this tragic i anni d spaceflight rmshap NASA will be the lead Federal agency for the investigation of this incident The ESF-9 desk at the Emergency Support Tcan-t can be reached on o646-2449 � 9-m ember Incident Support Tears IST Advance Element is actively s upport[ng Urban Search od R+�scue resources The IST ESQ'-9 leader is Dave Webb aid he can be preached by cell phone at(240)731-0638 The IST Leader is Jim Stnckland, he can be. reached by cell phone at (703) - 082 A request has bean made to activate additional positions on the Blue IST A list of ;tivaled ISM` mp..mbers is attached FEB § 2003 2 21PM N I EOC 202 646 2484 NO 3534 P 2/5 Instructions to IST Personnel This is an Activation order This order is effective 100 EDP` this date You arc being activated to provide a complete Incident Support Team Your position is irdicated on the attached list of address=s You should make preparations to depart imniediatelyby comm=ial air carrier, dent tlo - Houston International Auport Yourfinal destination is the Civic Center in Lufkin, TX You should report to Shawn Bailey and he can be reached by cell phone at 2 2) 549-6445 You should contact National Travel at 8 294,.8293 for f urther instructions, mcludma travel arran gernents Any quest -ions concerning this activation order should be addressed to the EST, which is in Dperation -]yours per day c M�62 T low,FA-SR David Pauli n, FA - A Rem oral US&R Pomt of Contact, F MA Region VI Attar hrnemts List of Addressees FEB 5 2003 2 21PM N I EOC 202 646 2484 NO 3534 P 3/5 ADDRESSEES Nfi k im, McCarty,, Alvin Schnver, Stepc Gallegos Toni Quirm, Geoff Miller, Mi .a Brown, Harold Schapelhouman, Anal-1 De La Faente, M c Worrell, Dane Gonzalez, Allen Auol l ado Pat Grant Deputy Leader Operations Chief Planning C}uef Deputy Planning Ctuef Situation Unit Leader US&R Specialist #] US&R Specialist 02 Deputy Logistics Chief Deputy Communications Umt Leader Deputy Medical Unit Leader Transportation Urizt Lcader Veteruianan F E B 5 2003 2 21PM VIEOC 202 646 2484 NO 3534 P 4/4 Federal Emergency Management Agency Washsngton, D C 20472 ML'iVIORANDUM FOR NaLzonal Urban Search &Rescue Response System Incident Support Team Members (See attached list for a complete 1st of participants) FROM Ron Castleman FEMA Region V1 Regional Director SUBJECT. Amendment to Invitatronal Travel for Columbia Space Shuttle Discister The purpose of tins letter is to support your travel to Lufkin., TX in support of the Columbia Space Shuttle Disastcr We anticipate that your days of travel will be February 5 � 14, 200 fn ItMonal travel is authorized for persons serving in a capacity related to an official d raj �er;ency Management Agency activity FE A will reimburse your expenses for raansport tin to and from airport or arad tenaunals and a federal per dx rn allowance for meals and ncidk ntal a per cs 2 50 per travel day and $30 00 per day FEMA has arrd ged lodging L eornmodations for you Air transportation and car rental should be acquired through the FEM i on tract travel agency To make your reservations p I eisc call l ati,ona] Travel at 2 -- 82 83 i'au N-vi;1 he asked to provide the travel authonzamn number and accounting code shown on the (nclo4-ure Your ticket for common mon coach camer will be char ed to FEMA 7 s govmmment travel . uth ri ation account You are authonzed a rental vehicle, to include a 4-wheel dnve vehicle or aTi 'aib rental vehicle, should be reserved through National Travel while mak rag your aarhne t vel arrangements You will be dnvingfrom Houston Int matronal Airport to the Civics Center j i LufC n Dnving directions to the Civic Center are From the airport take 59N toward Lution, t tke b ,isiness route 59 into Luf n, turn left onto Paul Street, go to V' Street/Paul The Civic 'enter should be on the right If you need assistance its finchng this location, call Shawn Bailey at (Z02)i9-6445 In ordt r to be reimbursed fol your expenses please complete the enclosed Travel Schedule and E open ,e FEN A'Form 20--2 , and attach your receipts Include your one passenger coupon eipts are not required for meals You wj11 be all wed $22 5 0 Per Diem for the first and last day o travi,l and $30 00 per day for the days in beten Also enclosed is a blank Travel 'toucher ('' t trod ird Form 1 1 Complete the form by filling out blocks a-f and 6a-b Sign in block 13 and 1r iti ] j n biock 12 Send your travel cImm ]ong i.th the ongjnal 1eceipts t FEMA Urban Bearer ai id Rescue Division, Attn Benjamin Strong 500 C Street, SW , Room 3 26 , Washinaton DC 20472 Any questions regarding this travel should be addressed to Benjamin Stir rig at B nj nun Strong@fema ore A tachment FEB § 2003 2 21PM NIEOC 202 646 2434 NO 3534— P 5/5— 3 4 s 6 7 s 1 Incident Support Team Members CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance To Accept And Appropriate $8,932 In Grant Funding From The Virginia Department of Criminal Justice Services For contractual Clerical support For The Police Domestic Violence Unit MEETING DATE February 25, 2003 ■ Background The Virginia Beach Police Department was awarded $8,,932 in grant funds, beyond what was anticipated in the FY 200 -03 budget for the V-stop Grant This grant from the Virginia Department of Criminal Justice Services will continue funding the salary and benefits of one police detective The additional amount awarded will cover the salary of one contracted clerical assistant, to provide enhanced services to the departments domestic violence unit E Considerations The goal of the project is to continue an alliance between the business community,, police, and samaritan louse Battered Women en s program to educate and respond to the issue of domestic violence in the community, promote understanding of the procedures, laws, and resources pertaining to domestic abuse, and enhance the identification and prosecution of repeat domestic violence offenders The Virginia Beach Police Departments Domestic Violence Unit continues to be recognized as a leader and model program throughout the state This grant will provide continued service to victims of abuse who reside in work in or visit Virginia Beach There is no local cash match, only in -kind services in the amount of $18,664 N Public Inf rrnation Public Information will be handled through the normal council agenda process ■ Alternatives Without this grant the Police Department would have to eliminate the detective position in the Domestic violence Unit, reallocate current resources to accorr modate this position, or request additional City funds for this position ■ Recommendations It is recommended that the council accept the additional grant award of $8,932 and a ppropnate the funds to the Police Departments FY 2002-03 operating budget ■ Attachments Grant Award Letter Ordinance Recommended Action Submitting Department/Agency City Manage )L '<Cd8uk l ca T1 rdin1,NONE v toparf %vpd 1 AN ORDINANCE To ACCEPT AND AP PPOPRIATE $ 8 , 9 3 2 IN GRANT FUNDING FROM THE VIR INIA DEPARTMENT 3 OF CRIMINALJUSTICE SERVICES FOR CONTRACTUAL 4 CLERICAL SUPPORT FOR THE POLICE DOMESTIC VIOLENCE UNIT WHEREAS, the City of Vi-rginia Beach Police Department has 7 reel ,red an additional $ , 32 in funds from the V-.rginra Lepartmet 9 to 11 12 1 1 1 I 17 1 f Criminal Justice Services that may be used for the clerical needs of the Police Department's Domestic Violence unit NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL of THE CITY OF VIRINIA BEACH, VIRINIA That $8,932 in grant funds from the Virg, nia Department Of Criminal Justice Services is hereby accepted and appropriated to the Police Department's FY 2002-03Operating Budget to be expended for the clerical reeds of the Domestic Violence unit, with revenue increased accordingly Adopted by the Council of the City of Virginia Beach, Virginia on the day of CA-8760 Toncode vstopord wpd - 2 February 14, 2003 I roved as to Content Management Ser—vices- Approved as to Legal Sufficiency Law Depart COMMONWEALTH of VIRGINIA Loomrd G Cooke Director Department of Criminal Justice Services December 19 2002 Mr James K Spore City Manager City of Virginia Beach Municipal Center Building 1 Virginia Beach Virginia 34 6 Title Alliance to End Partner 'violence Dear Mr Spore 805 Ent Broad Sh et Tenth Floor Richmond VwWja 23219 (4) 7 -4000 FAX 804) 714Lj T D (804) 3 B-873 l am pleased to advise you that grant number 03-H9222VA02 for the above referenced grant program has been approved in the amount of 993 in Federal Funds and $18 664 in Matching Funds for a total award of 74 Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions To indicate your acceptance of the award and conditions please sign the award acceptance and return it to Janice waddy Grants Administrator at the Department of Criminal Justice Services D JS Please review the conditions carefully as some require action on your part before we will disburse grant funds When we receive documentation showing that you have complied with the conditions you will be eligible tO request funds awarded under this grant A REQUEST FOR FUNDS form is also included with this loiter and should be used for this purpose You may request funds at the same time you submit the documentation of compliance with the grant conditions or at any time thereafter However we cannot process your request until we have received and approved all required information e appreciate your interest to this grant program and will be happy to assist you m any way we can to assure your project s success if you have any questions, please call Eleanore l ant er at 4 Yours very truly Leonard G Cooke Enclosures c A M Jac, Chief of Police Ms Patricia A Phillips Finance Director Eleanore Kantzer, D J Crmni l Jusbw Serv= oerd on Tranrg JwAride .h ard Dekq=ry Prier Adyawy CaWMW Prorate SeCLoty Sera= Ay Cmunad JuOm I I ft I I SysWmCR onifte CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Appropriation of 2001-02 Tourism Advertising Program special Revenue MEETING DATE February 25, 2003 ■ Background In July 1996, the City Council of Virginia Beach established the Tourism Advertising Program Special Revenue Fund Together with revenues from one cent of the percentage -based portion of the transient lodging tax and one-half cent of the restaurant real tax a "Flat Lodging Tad' of one Dollar $1 og was added to support the City's budget for its advertising and marketing program ("Advertising Program" and related activities including the operation of the Visitor Center to promote and increase tourist visitation to this city ■ Considerations The original ordinance established Council's intent to utilize the Tourism Advertising Revenue Fund for the "Advertising Program' At the close of FY 2001-02, the TAP Fund had an unappropriated fund balance which is a result of 1 positive revenue performance over and above projections, appropriation balances from Advertising and the Visitor Information Center in FY 2001-02, and accumulated interest in the fund set aside specifically for capital improvements at the Visitor Center n appropriation in the amount of $833,931 will enable the Virginia Beach Advertising Committee and the Department of Convention & Visitor Development to incorporate these finds into the current marketing plan Funds will be used in the following three ways a $433,931 to expand the city's advertising and promotional efforts for initiatives such as sports marketing, regional cooperative advertising campaigns with the state and new market opportunities b $300,000 for reserves to ensure quality advertising and marketing capacity in the gent of a natural disaster or serious economic conditions impacting the city's tourism industry The Department of Convention & Visitor Development, together with the city's Advertising Advisory Committee, annually dedicates a portion of the and balance for reserves, an amount determined to be appropriate given current treads and economic outlook in the tourism industry c $100,000 for capital improvements at the Visitor Information center which was constructed in 1989, for site improvements, security system, emergency communications systems and improved signage ■ Public Information Public Information will be through the normal means 0 Alternatives NIA ■ Recommendations Appropriate $ 833,931 to expand the City s tourist advertising as ordained by Council, and to provide reserves for CVD and Advertising Advisory Committee to oversee and administer as emergency and/or economic issues arise in tourism industry N Attachments rdinanc Recommended Action Appropriation of $ 833,931 into the Tourism Advertising Program Special Revenue Fund Submitting DepartmentlAgency Convention and Visitor Development City Manager Qr 1L � 1 AN ORDINANCE To APPROPRIATE $833,931 2 FPCM FUND BALANCE IN THE TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND To THE FY 22-3 OPERATING BUDGET F' THE DEPARTMENT OF CONVENTION AND VISITOR 6 DEVELOPMENT ENT TO EXPAND THE CITY ` S TOURISM 7 ADVERT T I S L L3 G PROGRAM AND TO PROVIDE IMMEDIATE ACCESS TO FUND IN CASE OF EMERGENCIES 10 WHEREAS, there is a sufficient amount of fund balance of 1 the Tour:.sm Adijert-3-sI rig Program Speol al Revenue Fupd to provide 12 $833,931 to expand the tourism adverta. ing program and provade 13 access to funds for advertising purposes in case of emergencies 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINI BEACH, VIRGINIA 16 Tnat $833,931 is hereby appropriated from the fund 17 balance in the Tourism Advertising Program Special Revenue Fund to 18 the FY 2002-03 Operating Budget of the Department of Convention and 19 Tourism for the purpose of expanding the Ca-ty' s tourism advertising 20 efforts and providing immediate access to funds for advertising 21 purposes in oases of emergencies, and estimated revenue is 22 increased accoraingly 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the day of , 23 25 R c u-ires an a i. ryat-i e iote by a majority of the mernbers CA-8756 0rdin/Non%,--.ode/ta aorwpd R-1 February 7, 2003 APPROVED AS TO CONTENT c Management Services 2 APPROVED AS TO LEGAL SUFFICIENCY Attore�4ff-1e o``�' t p t� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance to Transfer $188,500 from CDBG Reserves to the Department of Housing Operating Budget To Fund Neighborhood Improvement Activities, to Authorize the City Manager to Submit a Neighborhood Revitalization Strategy Area (NRSA) Plan to the US Dept of Housing and Urban Development (HUD) and to Execute a Contract with CARE, Inc to Carry Out Portions of such Plan MEETING DATE February 26, 2003 ■ background Federal regulations provide an opportunity for communities to utilize Community Development Block Grant (CDBG) funds in a more flexible manner if they are utilized as part of an approved area improvement plan This flexibility allows the use of funds for more "public services" as opposed to physical improvements This flexibility is necessary in order to carry out activities desired by residents, and due to funding commitments for other ongoing programs Therefore, the Dept of Housing and Neighborhood Preservation has prepared a plan that is intended to meet HUD requirements and allow for the use of funds taken from reserves to carry out such a plan Funds in CDBG "reserves" are available because of activities that were previously budgeted for but could not be carried out These funds reed to be utilized for CDBG-eligible costs, and for one-time costs since they are non- recurring funds HUD designates a specific name for area improvement plans under which funds can be utilized - a Neighborhood Revitalization Strategy Area plan, or NRSA plan In order for an area to be designated as an NRSA area, it must meet certain criteria Once an area is defined, a plan must be developed that includes HUD -required elements, including citizen participation, in order to be approved In order to develop a plan that can be approved, it was necessary to identify an area of the City that would qualify Based on an analysis of Census data, an area that meets the requirements was defined and is identified on the attached map A series of meetings was held between August and December, 2002, at which civic leaders and interested stakeholders had the opportunity to identify key issues and goals Those participating included leaders of area civic leagues, a member of the Planning Commission, principals from area public schools, representatives from Virginia Wesleyan college, and others In addition, analysis of data about the area was undertaken Based on these inputs, a plan was developed A key part of the Federal requirements is that many of the activities be undertaken by anon-profit organization not under the control of the City In order to achieve this goal, CARE, Inc, an independent 501 (c)(3) non profit, has restructured itself to be an eligible organization Therefore, the success of the plan will depend on the City executing a contract with CARE, Inc to carry out many elements of the plan A summary of the plan is attached Amore detailed plan that meets the HUD requirements will be submitted by the City Manager if authorized by approval of the attached ordnance If HUD approves the plan, activities will begin, starting with the execution of the needed contract This is expected to occur in the late spring of this year Administrative Considerations Utilizing this mechanism to conduct neighborhood planning and improvement activities involves considerable regulatory overhead and constraints on our work However, without this NRSA mechanism there is no way to utilize Federal funds to do it An alternative funding source, such as the general fund, world greatly simplify the administration and regulatory framework, however considering the current budget problems, this was not likely to be possible Financial Considerations The funding being made available is "one-time" funding that is expected to provide enough for at least one year of activities This will provide time to evaluate the work, consider whether ongoing funding can be provided through Federal funds, and/or find alternatives Legs! Considerations Due to the Federal regulations and the contract to be executed with CARE, Inc , and the fact that this is the first time our City has done this particular activity, significant legal review will be necessary to insure compliance with all laws and regulations Compliance and Monitoring if this plan is carried out and a contract is executed with CAFE, Inc , the Department of Housing and {neighborhood preservation will, a s it does with all Federal contracts, monitor CARE, Inc for compliance with the requirements of the contract In addition, since this is a new activity for the City and CARE, E, we will conduct a quarterly review of progress toward goals, and help identify and make adjustments needed Public information As stated above, several publicly advertised meetings have been held in the development of this plan, in addition, if the plan is approved, the plan requirements include significant ongoing public involvement Therefore, no additional public information activities outside what has been done and planned are considered necessary Alternatives If the plan is to be carved out, the only alternative to the NRSA process is to provide general fund resources for the activities This world not only reduce the administrative burden, but would allow activities in any area, regardless of whether the area actually qualifies for the HUD plan Recommendations Approval of the attached ordinance Attachments 1) Ordinance, 2} Plan Summary, 3) Map of Plan Area Recommended mended Action Approval of the Ordinance Submitting Department/Agency Dept of Housing and Neighborhood Preservation City Manager �L. � � � 1 AN ORDINANCE To TRANSFER $188,500 WITHIN THE 2 F'Y 2002-03 OPERATING BUDGET of THE DEPARTMENT 3 OF HOUSING AND NEIGHBORHOOD PRESERVATION, To 4 AUTHOPI E THE CITY MANAGER To SUBMIT A NRSA PLAN To HUD, AND To AUTHORIZE A CONTRACT WITH CARE, IC '7 WHEREAS,. federal regulations allow the creation of a 8 Neignborhood Revitalization ation Strategy Area (, RSA"') Plan, WHEREAS, $188,500 of dedicated federal grant funding is to a ailabie within the Fi 2 0 -03 operating Budget of the Department 11 of Housing and Neighborhood Preservation for this type of program, 12 and 13 WHEREAS, the Department of Housang and Neaghborhood 14 Preservation and BARE, Inc , have identified gaalified areas and 1 developed a NPSA Plan 16 NOW, THEPEF RE, BE IT RDA -I ED BY THE COUNCIL of THE CITY 17 of VTRGINIA BEACH, Virginia 18 1 That $188,500 is hereby transferred within the F 19 2002-03 operating Budget of the Department of Housing and 20 Neighborhood Preservation to be used for Neighborhood Improvement 21 Activities 22 2 That the City Manager is hereby authorized to submit 23 a NSRA Plan to the Federal Department of Housing and Urban 24 Development and to eater into a contract with CARE, Inc , for the 25 administration of portions of the ISRA Plan 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia on the day of C - 7 7 ordin noncode NSR ord wpd February 13, 2003 R Approved as to Content i C L Management Services 2 1 20 Approved as to Legal Sufficiency Cit} Attarne6 Off ce I Virginia Beach C 1 , Inc and Department Housing and Neighborhood Presen ation The N rth,%% est NRSA Improvement Strategy JanuarN,2003 Coax Statement o significantly improve tlne Northwest section of Virginia Beach, Virginia, by developing n effective and comprehensive program Nkhich works to enhance student academic performance, community leadership unity, community relvitalization, public safety, recreational open space, career development, outh famil inmate es and business v l pment entrepreneuzs i Plan I Establish an Educational Task Force (to address the student a ademic performance, high school truancy, elementary school SOL concerns, student failure rate/suspensions, parent in of ernent with student school activities, LIVIC league involvement, etc ettie F Williams and Newton Road Elementary are schools of concern A selected group of residents (and/or r presentalives of interested parties) will meet with school administration representatives t discuss issues of concern and make recommendations to appropriate school representatives In addition the task force should tress partnerships and collaborate with programs such as Headstart, Earl} Discoveries for the l evelo rnent lIy Disabled, Rem Academic Pro ararns D A R E , PTA Before and Auer School Programs, etc , and learn about program effectiveness 11 Establish Stronger Civic League Network (to distribute information, receive training in organizational effectiveness coordinate activities, receive citizen input concerning needs/program effectiveness, etc —consider establishing a civic league in community areas where such an organization is deemed necessary to enhance community actr rty efforts organizational Ieadership training carp be prop ided by city repie s entan-�e as weII as selected consultants III Coordinate Targeted Property Rehabilitation/Eyaluation Efforts in Neighborhoods of Most Need Initiate/Support a residential rehabilitation program to improve the housing structures which are in deteriorating condition and need repair to bring structures up to minimum standards to enhance property Values community character, etc Census Tracts with the greatest need for a housing rehab 1evitall ation program are 402, 408, 41oox,and 4100 -% aluate options for commercial property rehabilitation efforts — Census Tracts with the greatest need for a cornmercial rehab revit lizati n pro ram include 402, 404 01, 408 4101 and 410 02 The C A R E -CBDO Council will work with selected city departments as NAell as the business community to determine the best altemati-,e for rehabilitating commercial properties IV Create a Stronger Partnership hip t Improve Public Safety to reduce crime, especially Violent pioperty and youth crimes 1 o-1 ors old and teenagers --,especially i Tracts ra t 402 410 02 and 408 The C A R E -CBDO Council 11.111 IVOTk vx ?th the eity's Police Department and other citv and/or pro to public safety organizations to develop and implement effective strategies to improve public aft in Northwest Viralnla Beach In addition, there should be support for preNention intervention efforts that address domesuc violence/assaults V Continue Recreational Open Space Acquisition/Park Deg elopment Program (to address the demand for open space —Dept of Parks and Recreation has determined a need for over 500 acres of open space in the ItiTRSA area) The Dept of Parks and Recreation should receive input and communication fiom NRSA czLic league and other representatives about the location and acquisition timetable to meet the residents open space needs VI Continue and Enhance the Coordination of Infrastructure Improvements to Meet Identified Neighborhood Deeds — in coordination wi ith other neighborhood improvement activities to make necessary infrastructure and school construction/repairs/renovations) V11 Facilitate Access to Career Inform ation/Trainxng Resources (to provide coordination/ information, and access to ,lob training (including on-the-job training), career change/advancement, educational resources as well as small business development entrepreneurship parrtjierships need to be established with the Virginia Employment Commission (VEC), businesses, educational institutions, etc The C A R E -CBDO Council v.'111 pork with a committee of interested residents educational and business representatives to develop a plan for ads ancino career deN,eIopment in the NRS 4 area VI11 Facilitate/Support the Creation of a Multi -Purpose Facility in an Area of Most Need (services can include acts ztie provided by Parks and Recreation, Schools, Police, Libraries, Social Semices H u ing, Health Institutes of Higher .earning etc Technical assistance from the Dept of Housing and Neighborhood Preservation is needed to determine the organizations a encie hjch need to be involved in developing a strategy to pursue the construction and staffing of a mult2-purpose facility in the NRS A area IX Support and Enhance a Stronger Family and Youth Initiative Program to build stronger foundation for family conflict resolution, school performance ommitrnent, promotion of drug/tobacco/alcohol prevention programs programs in developing getter behavior and interpersonal skills, etc )—youth should be involved in the de-\ eloprnent and implementation o such programs CommunicatiODand assi tan a will be needed from the Depis OfSocial Services and Parks and Recreation, ainox g otber agenci s or ani ations, to facilitate a comprehensive and innox{ati a youth/family program in order to significantly increase the quality of life for youth and families in the IRSA 2 X Support a bode Enforcement rcy �rarn tc�dress Residential/Commercial Environmental Concernsaddress the Issues of � gash oeriwn weeds, dmae to utlllt bores, sign damage, cI aeked sidewalks inoperative cars, housing maintenance etc to improve the appeal ante and � IsuaI hal eter f tale comm ull I In addition the C A R E -CBDO Council �l] rk to develop a Coin-imunity Piide 'public educ p at�or camp ign for the NRSA X1 Establish and Maintain are on-cy�r� e� �� � Practices" Portfolio Ito deg cIo lrx� ler�ent erg effective strategies for inaprm in the ualIt of l � life for 1esldents in the I RSA area "Best Practices' Nyvill be investloated ,� y the C A R E -CIO Council, in partnership �tl� t selected consultants, to el�su ] p he cat and i success th Plan and to b as efficient as possible ependitul of funds utilized forthe Sproject p �t the NOTE In addition, the concerns and stratecIes in this Plan -of -Action should he addressed in e rnlfitar communities, which are located in Census Tracts 400 98 and 418 (which are included in the IRSareal The rniIltry dependents (including youth and families) are also art f the iroinia yeah ornu��It as well Also le � leadership/organizational effect��eness training i x'ecommendd for theC A R E --Community -based Development Organization and its staff in order for the non-profit organization to implement an effective Plan -of -Action 3 PLANNING Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Steve BishardlBishard Development Corp at North Lynnhaven Road and Mayfair Court (541 North L}mnhaven Road) containing 2 acres (DISTRICT 5 - L� NNHA VET 2 Variance to Section 4 4 (b) of the Subdivision Ordnance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Commonwealth Custom Home Builders, Inc at Little Late Drive and Little Lake Court (1101 Five Point Road) (DISTRICT 5 - LYNNHAVEN) Application ofS & R Properties, L L C for a Mods i afLon of a Conditional Use Permit r bingo hall (approved by City Council on January 2.6, 1 999) at Cleveland Street and Aragona BouleN and(4933Cleveland Street), containing 4 1 acres (DISTRICT - KEM S IDLE) 4 Application ofJack, Rabbit Self-Storage/College Park, L L C for a Modification OLO Condinona1 Use Pet mit re minx -warehouse fac zlity (approved by City Co unc I l on September A2 5 2 00 1), at Providence Road and Woodstock Road 95 0 P ro1v iden ccRoad), containing 4 3 9 acres (DISTRICT - KEMPS SILL ) 5 Application of Eucell Facen for a Conditional Use Permit re bulk Etorn , auto are contractor' s storage hard at Virginia Beach Boulevard and First Colonial Road 07 5 2 Virginia Beach Boulevard), contarning 15,103 square feet (DISTRICT 6 - BEACh Application of Graham's Graham'Custom Body Shop & Towing, L L C for a.Conditional Use Permit re bulk story a and expo n of the body shop at Jensen Dnve and South Birdneck Road 11 1 Jensen Drive, containing 1 57 acre (DISTRICT 6 - BEAM) 7 Application o f JBA Two, L L C for a C nditio aI Use Permit re motor vehicle sales at Shore Dnc and Pleasure Mouse Road (4740 Shore Dnve), containing 24,785 64 square feet (DISTRICT 4 - BAYSIDE) Application of Reed Enterprises, Inc for a Condutonol Use Permrt re gasoline saps in conjunction with a convenience store at Holland Road and Chimney Hill Parkway Chimney Hill Parkway) containing 31,755 square feet (DISTRICT 3 - ROSE MALL) Map H-6 I j - Steve Bishard { _ -7 14 G � r hbg 3 r ?- c r f 0 (I Fj -2Li Z3 51 5�v'/ R-7 5 -C� , o r _tom Gpin 1987-98-0240 ZONING HISTORY 1 Subdivision Variance Approved - -85 Rezoning (R-6Residential to R-8 Residential)Denied7-9-84 2 Conditional Use Permit (outdoor recreation — pool and courts) Approved 12-1 4 3 3 Conditional Use Permit (outdoor recreation — pool and courts) Approved 12-9-74 rU CITY OF VIRGINIA B AGENDA ITEM ITEM Steve Blshard Bishard Development Corp -- Subdivision Variance MEETING DATE February 25, 2003 ■ Background Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance Subdivision for Steve Bishard/Bishard Development Corp Property is located on the west side of North Lynnhaven Road 80 feet more or less south of Mayfair Court (GPIN 1487984240) Said parcel is located at 541 North Lynnhaven Road and contains 2 acres DISTRACT 5 — LYNNHAVEN The purpose of this request is to subdivide the property into four lots, three of which are "flag" lots requiring a subdivision variance ■ Considerations The existing lot is an irregularly shaped residual lot with limited lot frontage sandwiched between single-family subd(visions This piece was previously part of a 1 -acre parcel, which was subdivided by deed into a number of parcels during the first half of the 20 century The subject property was originally created by deed in 1943 The odd shape of the subject property is the result of various landmarks, lice ditches and pipes, used to identify property lines Currently, two single-family dwellings and associated outbuildings are located on the subject property The property is zoned R-7 5 Residential District With fewer and fewer available parcels of land in the City, variance requests like this one will become more common However, it is imperative to maintain are orderly development pattern that preserves the integrity of established neighborhoods and maintains the City's ability to provide services in an efficient and safe manner Variances are not intended to maximize density where standard subdivision design is not possible Some lots simply cannot be subdivided to create the maximum number of lots afforded by the area of the property strictly applying the ordinance on parcels life this one does not produce an undue hardship, it simply reveals the true development potential of the land Staff recommended denial There was opposition to the proposal Steve Bishard Page 2 of 4 0 Recomrnendations The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the conditions listed below Since the Planning Commission hearing, the applicant has revised the plat to increase the size of the cul-de-sac turnaround of the private road, consistent with the requirement of Condition 1, and to add landscape buffering, consistent with Condition 7 The revised plat is provided on page four of this agenda request 1A private road shall be constructed to serge all four lots The private road shall be designed to accommodate emergency vehicle access and turnaround Private reciprocal cross -access easements and a maintenance agreement shall be provided for the shared private road 2 only one driveway connection onto N Lynnhaven Road is permitted for all four lots A one -foot no ingress/egress easement is required along the frontage of the parcel except at the one perms ted entrance right-of-way dedication based on the existing centerline of N Lynnhaven Road shall be required to provide for an ultimate 0-foot right-of-way on Lynnhave,n Road There shall be no parking permitted on the private road serving the four lots Each house shall have a two -car garage and three additional parking spaces on each lot 6 Houses shall be constructed in substantial conformance with the three renderings and photographs submitted with the application, which have been exhibited to City Council and are on fife with the Planning Department A 20-foot landscape buffer shall be provided on the south scale of the property bordering the private street A minimum 20-foot buffer shall be provided on the western border of Lots 1 and 2, the northern border of Lot 2, and the northern half of the eastern border of Lot 2 The width of the buffer adjacent to Lot 7 on it ayfair Court of the Kings Court subdivision may taper to allow for the cul-de sac of the private road and driveway for Lot 2 Flung trees within the buffer shall be retained and supplemented with additional trees and shrubs to form a continuous buffer Drainage easements shall be provided to ensure adequate drainage for the subject property The hydraulic performance of the downstream lake, i e - tailor ater shall be provided during detailed plan review Steve Brshard Page 3 of 4 W Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Acton Staff recommends denial Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager � �'�-f, Steve BisMard Page 4of4 w CommLMOMUM NAM Comm Tmm 'm eE SU � PUVMGS Im row M"= su"" ILn 5, ID 0 PO OF � %05JUM DAL 2307 P 125Z(PM STEVE BISHARD / # 20 January 8, 2003 General information: APPLICATION NUMBER H06 - 211 - SVR - 2042 REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision Ordnance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS 541 North Lynnhav n Road Map H -VtAorylv Ric r i rI dft PR -� '00 q, ell L - f i rill, "Kt CO - '� !-* -7 5x - GPIN 14879842400000 ELECTION DISTRICT — L NNHA EN Gp:n J481 4 _F-, %?41A eC .y Planning Commission Agenda January , 2 -- STEVE EISHARD I # 20 Page 1 SITE SIZE 2 0 acres STAFF PLANNER Ashby Moss PURPOSE To subdivide the property into four tots, three of which are "flag" lots requiring a subdivision variance APPLICATION This application was deferred at the November 13, 2002 Planning HISTORY Commission hearing to allow the applicant to revise the preliminary plat to address the concerns of the neighboring residents and staff Mayor Issues. Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance • Degree to which proposed plat presents an orderly development pattern Site Plan / Preliminary Plat: Elting Lot The existing lot is an irregularly shaped residual lot with limited lot frontage sandwiched between single-family subdivisions This piece was previously part of a 15;acre parcel, which was subdivided by deed into number of parcels during the first half of the 20"' century The subject property was originally created by deed in 19 The odd shape of the subject property is the result of various landmarks, like ditches and pipes used to identify property lines Proposed Lots It is the intent of the applicant to create a tour -lot subdivision, three of which would be flag lots Planning Commission Agenda January 8, 2003 SIEVE BISHARD 2 Page Item ._�BeQ-ui� L-oll �� � LWI I Lot-4 � Lot Width in feat 75 �^* 15 T ' 15 "15 I 8561 � Lot Area in I � 1 square feet i 7,500 20,260 2� 1 1 1 1 595 r r *Variance required The revised plat shows a 20 foot vegetated Buffer along the southern border of the property A private 3 -foot-wide cul-de-sac is shorn adjacent to the buffer This road would serve all four lots Land Use, Zoning, and Site Characteristics Existinq Land Use and ZoniDg Currently, two single-family dwellings and associated outbuildings are located on the subject property The property is zoned R-7 5 Residential idential District Surrounding Land Use and Zoning 1ortestsout East Zoning History • Single family dwellings R-7 5 Residential District • Across N L nnhaven Road, single family dwellings R-1 0 Residential idential District A subdivision variance was approved for two of the lots north of the subject property on Mayfair Court in 1985 This same property was also denied a rezoning to a higher density single-family residential category the previous year Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana Natural Resource and Phvsical Characteristics The rear half of the property is heavily Brooded The front half is developed with two houses, a detached garage, and shed A lame, mature oak tree is located near the front of the property approximately feet from N Lynnhaven Road Planning Commission Agenda January 8, 2003 STEVE BISHARD / ## 20 Page Public Facilities and Services Water and Sewer Water There is are eight -inch water main in Mayfair Court adjacent to the northwest corner of the property and ar 20-inch grater main in Lynnhaven Road fronting the property This subdivision must connect to City water Sewer There is an eight -inch sanitary sewer main in Mayfair Court adjacent to the northwest corner of the property and an eight -inch sanitary sewer main in N Lynnhaven Road fronting the property This subdivision must connect to City sewer Transportation, Master Transportation Plan (MTP) /Capital Improvement Program (CIP) North Lynnhaven Road in the vicinity of this application is a two-lane collector The MTP designates N Lynnhaven Road as are undivided facility with a bike path on a 70-foot right-of-way The right-of-way in the area of this application is currently 30 feet Traffic Calculations Street Name Present Present Generated Traffic � Volume Capacity N Lynnhaven , 4 343 ADT B 200 ART ' Existmg hand Use - 20 ADT ` Road Level of Service C 3 � Proposed Land Use - 40 AST , -F6ere Daily Trips2 as - - - - defined by two single family dwellings as defined by four single family dwellings Public Sa#etv Police The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they may pertain to security for residential development Planning Commission Agenda January 8, 2003 STEVE BISHARD 1 # 2 Page Fire and Any structure built on this property must be within 200 feet of a Fescue City street or provide Department of Transportation approved all-weather road surface for emergency vehicle access Comprehensive Plan The Comprehensive Plan Map designates this area for low density suburban residential land use at 3 5 dwelling units per acre or less The Comprehensive ive Plan focuses on the need to "protect the existing residential character of the Little Neck Planning Area ' "The land use and general design of infill development within established residential areas of Little Neck should be similar and consistent with the general character of the surrounding neighborhood area Evaluation of Request Staff evaluation of a subdivision variance is based on several factors including the degree of compliance with City ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted lanai use and development practices and theory Personal hardship does not eater into the Staff's evaluation Above all Stafif's evaluation is based on Section 9 3 of the Subdivision Ordinance, which addresses variances to the ordinance Section 9 3 of the Subdivision Ordinance states o variance shall be authorized by the Council unless it fiends that Strict application of the ordinance would produce undue hardship The authorization of the variance will not be of substantial detriment to ad)acent property: and the character of the neighborhood will not be adversely affected C The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as are amendment to the ordinance D The hardship is created by the physical character of the property, ineiuding dimensions and topography, or by other extraordinary situation or condition of such property or by the use or development of property immediately adjacent thereto Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance Planning Commission Agenda January , 2003 STEVE BISHARD Page E The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance Despite the changes on the revised plat, the proposed variance request is not acceptable Although the applicant has dropped one lot from the proposal, three adjacent flag lots remain which still constitute a considerable variance from the standard requirements for the R-7 5 Residential District Although the subject parcel is an unusual shape it by no means justifies a variance of this Magnitude stacking four lots on top of each other in this manner is completely contrary to the surrounding development pattern This piece was previously part of a 1 -acre parcel which was subdivided by deed into a number of parcels during the first half of the 20th century The subject property was originally created by deed in 1943 The odd shape of the subject property is the result of various landmarks life ditches and pipes used to identify property lines The unusual shape of the lot is, therefore the result of an irregular subdivision of land by a former owner, not environmental conditions or natural features With fewer and fewer available parcels of land fn the City, variance requests like this one will become more common However it is imperative to maintain an orderly development pattern that preserves the integnty of established neighborhoods and maintains the city s ability to provide services in an efficient and safe manner Variances are not intended to maximize density where standard subdivision design i not possible Some trots simply cannot be subdivided to create the maximum number of lots afforded by the area of the property Strictly applying the ordinance on parcels like this one does not produce an undue hardship it simply reveals the true development potential of the land Therefore this subdivision variance request is recommended for denial If however, the application is approved the following conditions are recommended mended Conditions 1 A private road shall be constructed to serve all four lots The private road shall be designed to accommodate emergency vehicle access and turnaround Private reciprocal cross access easements and a maintenance agreement shall be provided for the shared private road 2 only one driveway connection onto N Lynnhaven Road is permitted for all four lots A one -foot no ingress/egress easement is required along the frontage of the parcel except at the one permitted entrance Plannfng Commission Agenda January 8, 200 Page 3 A right-of-way dedication based on the existing centerline of N Lynnhaven Road shall be required to provide for an ultimate 0-foot right-of-way on N Lynnha en Road There shall be no parking permitted on the private road serving the four lots Each house shall have a two -car garage and three additional parking spaces on each lot Houses shall be constructed in substantial conformance with the three renderings and photographs submitted with the application, which have been exhibited to City Council and are on file with the Planning Department 7 A 2-foot landscape buffer shall be provided on the south side of the property bordering the private street A minimum 20-foot buffer shall be provided on the western border of Lots 1 and 2, the northern bonier of Lot 2, and the northern half of the eastern border of Lot 2 The width of the buffer adjacent to Lot 7 on Mayfair Court of the Kings Court subdivision may taper to allow for the cul-ale sac of the private road and driveway for Lot 2 Existing trees within the buffer shall be retained and supplemented with additional trees and shrubs to form a continuous buffer Drainage easements shad be provided to ensure adequate drainage for the subject property The hydraulic performance of the downstream lake, 1 e - tailwater shall be provided during detailed plan review NOTE Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation Further conditions may be required during the administration of awlicable III Ordinances Planning Commission Agenda January 8, 200 Page eo ; * ! 0 ML 9 K+ am PROPEWfr OIL 2307 P 1252(dat) z WAVFAM ed oIL �. w 4 w 1 g t IL RD LU MM�. r x,`. ., In 441L 13 it PROPOSED S BDiVISI y Planning Commission Agenda January 8, 2003 Page 1 0b, 5 � yw ilk r Ar + { € fjo i jw QU r Planning Commission Agenda January 8, 2003 Page %RD i # 2C PACIP 1 c - SUBDIVISION VARIANCE CITY OF VlRGlNIA BEACH DISCLOSURE STATEMENT kpp li cant ev Name --srevcF 4 15,-1ML L c Q4 L[-A+ C&jr 4_ OL List gill Current Property N+ners VLA OP4 D � PROPERTY NV F DISCLOSURE Lf the prcp..rty ot�per is a CORP R TI ON list all officers of the Corporation beIov, (Arrach list if nereswn) Ir the p opeetowner is a PARTNERSHIP FIRM or other UNINCORPORATED ORGA IZAnoN im al members or partners in .�e organizxion belov. (Arrach hst if rtecessarv) �cck he c if ncc pro perrw;,ner is INOT a corporation parmership flare or other Li€t1n�.Orperared orL.trtl xion of the app Beane fj trot Ili e current n%ner of the property complea the Applrcara Chsclnsure secuon lido PLI A TT DISCLOSURE, If the appl cant is a CORP ATT 0 N tilt d1I officers of the Corporation heiow (Attach list rf nccessan � k It the. app]icant is a PARTNERS HIP FIRM or other UN INCORPO RATED ORGANIZATI N IIst all 'rerrt~r-s or partrerN in tht organiz.Won bclo �Auach list rf nece;nary) D CIILCN oc rc if LhL applicant iz. T a corporation partnership firm or other unincorporated organ-1-atLon CERTIFICATIONI certifteat the t for at n orrfa reed herein is true and accurate � �gn�twG-e Pr nt 1-irnc Planning Commission Agenda January , 2003 STEVE BISHARD / # 2 Page 11 w A- 4,;6 JL pr 1wh. ■ J6 -ow it dw �i f t �� %% * { die J Item #2-o SteN c Iishardlishard leeloprnnt Corp appeal to Decisions of Administratilt, Officers in regard to Certain elements of the Subdivision Ordinance 1 Forth Lyria en Road District L,ynnba en Ja.nuan 8 2003 REGULAR Robert Miller The next stern is Item # o Steve Bishard and l ishard Development Corporation Ronald Ripley Do you all want to take break here or do you just errant to push through this" Eugene Crabtree Ho%k man, more dowe got" T ko Ronald Ripley This i it Eddie Bourdon Mr Chairman again Eddie Bourdon a Virginia Beach attorney representing the applicant With me today I N.Nant to introduce the owner of this piece of property Mrs linable Hoggard Mrs Hog and raised se en children on this piece of property in the 60 years that she has oxkmed it and lived on 1t until she had to leave the property and mop e ire w rth one of her daughters F o o fher sons and her eldest daughter are here toda3 And I m going to give you a little bit of history 1 jugs wanted to let � ou all Ino theN are here And the mother is the owner of the property I m going to pass out a fax copy of a rei ise i plan that will, I think shove you the conditions that are being passed out and also the declaration that will go-vern the private road, which 1 11 go into in a couple of secondt> Let everyone take one and pays it around I arn going to try believe it or not to be brief because I know a couple of folks here from the community who I think you 11 be pleased to hear what they have to sad on it the stern The Hoggards like I said o wn this property for 6 0 years And Mrs Hoggard is a "ido k who v&rll turn 90 years of age in less than t o creeks And she has a number of health problems, diabetic She's had to have a leg amputated She also has Alzheimer s and she s arsrcal l bed ridden 21So, she had to move out one of the m o houses on the property and move in NNith her daughter Mable Whitehurst who is here and Mable pro ides her care /7 Six f the seven children are retired on fixed rn ornes and Mrs oggard only has a rnonthN social security check of approximateN S2 o 00 to 11N. e on So this is the famil s only asset other than again their rndi-% ideal children s incomes and all but one, are can f i%ed income So, the Pr - pert has to be sold Nk hile the Hoggards have o ned this property e erg -thing around it has been developed All of it is zoned R-7 5 just as the Hoggard property is zoned R-7 5 The development that I v\ ant to point to that I thinly i some significance in Iookincl at this is the property to the north, iN hich is MaN fair Court That is a piece of property and I m going to pass around the ubdi% ision plat for a f it Item 'Steve BishardIffishard e,�elopme t Corp Page 1eck woods and also Maureen Nr on who Ii�es on the flag lot off o f Mair Co urt Th v have been verb pleasant to -�%ork with I mean clearly the commune m ould like to see this a park or somethincy like that but theN, also haN e been very reasonable and understanding that there s an absolute need as part of the Hoggard fami]N to haN e the property LOnVC ed in order to get the money frorn the property that will help care for Mfrs Hocygard She needs the care and the daughter needs the relief badl� because she s been orkin g, handling her mother s needs 2 41 7 And that rs the hardship I m Just pointing that out The hardship is the configuration ofthe lot the property It s an odd shaped piece of property It s a char clear hardship situation No provision was made by access to the property when either of the adjacent properties were developed And left them "ith no choice but either cop i% hat " as done next door ith the 4 0- foot n ht- of= to or try as we -% e done here to do some th i ii g that i b a by brid I think one that N& ill be positive One last thing and 111 be quiet Fhis morning in the informal you had a map it kind of had some color on it that shored the area There ixe go Than N ou Down here on L.ynnhaven Road to the north we halv e a situation Nhere we her e a pr11V ate road and I t,hiA this 1s another private frith all then, houses platted along there I kno w this one is and I don t want to saN for sure that one is but I know this one is This is not a situation that is a tNpxcal one In fact this being -vkfa� -v%e re pro% iding for is going to b far superior than "hat you have here So, this is not out of character ixith the area I think the hardship is evident The homes that will be built Mere will be wonderful homes They re certainly not going to be anything detrimental to the character of the neighborhood in terms of the -%alue tvpe of homes Ronald laplev Anv questions of Mr Bourdon` Eddie Bourdon Than �, ou Robert Miller 'We hay e another speaker Jacqueline A9 Jacqueline Hoskins Jacqueline Hoskins Robert Miller Okav Jacqueline Hoskins Mr Chairman Members of the Commission I rn Jacqueline Hoskins I am a local attorney and I m also a resident of property on King's Neck riN which 1I I aright thank }you if ou would go back. to the other one please, the other neighborhood drawing One more there you go I rn on lot number five vkhich i ad3 cent to what you see in the pictures as let one I like man, of my neighbors have 1 - foot backyards So we were verconcemed and very interested in workincy with Mr Bourdon and the potential developers of propert� sellers on this particular property As the draiA in or appears in the Commission s agenda, I ix ould hat e and do hal e a objection to it, however e have the adjaLent homeokkmers both here and the others but then provided the revised drawing that I believe Mr Bourdon just prodded me XAith the added landscaped buffers H e has also been x erg lnstrum ental in Nkork1n with us in altering somewhat the declaration to the prop rt which preserves the landscaped buffers And Item #A20 Steve BishardBishrd Deg{elpLnt Corp 'age in fact increased it to a 20 foot landscaped buffer all around with some taperincy for the cul-de-sac On the picture that Nou have Coda) is my understanding that the cul-de-sac is actualIN going to slip do%Nn a little bit to increase the diameter of the cul-de-sac to alloy for a little more s r�,r ing of the area The amendments -kNe had made todaN and hich 1 belies e are before the Commission appears to ha% e met all of o r ne ar IN al l of our concerns as horneo veers ofthe immediate area There is sufficient preservation landscaping easement mainten ncc of the green border That s one of our major concerns For the record however a second major concern which is addressed in the decla-Tations is a substantial and significant drainage problem xvhieh is experienced all of the lots that surround these particular proposed lots So for the record f want to make the Cornission verf well aware that vie need and will urge Nou to assist us in ensuring the drainage problem that we presently have is not exasperated b this development and then indeed the declaration appears to at least in the initial construction allowed for a drainage easement N hieh will be as part of %%hart they tall the access easement that -foot road That is a major major concern ofall the homeowners here Some of us hay e even installed tempered pumps in our ands to (.tire the existing drainage problems Y ou need to know the extent of that I'm aiAare of some changes that were made in the conditions -vh ch are at the Conmmrssron s desk and A ere those incorporated in to the ones that were distributed-) We srmpl had some corrections would the Commission have these changes Mr Bourdon` Yes Thank ).ou With the prop isions of the caveats that the changes, which were inlebriated in the conditions be considered, bN the Commission then i wouldn t have any objection to the proposed with the revisions of the asqignment Ronald RipleN Thank you ver3 much You re concern about drainage is a good concern Jacqueline Hoskins Very much Ronald Ripley, But I think you 11 find that, once again that s a site plan issue Once it gets to Mr Scott s site plan department then their 11 going to be looking at how 1t drains and making sure it doesn t drain back un to etc Jacqueline Hoskins l m aware of that but I ve also been practicing long enough to know for the record it s a realIN good thing to say at hearings Thank �ou Ronald Ripley Okay Thy you very much An bod-\ else have aw, questions or comments" Well we have a set of elaht conditions Do ou wish to address us') Could you tell us H our name' Clifton Haggard My narne is Clifton Hoggard I am one of the siblings of fable og and As the attorney just spoke to ou concenung drainage of the property You will see across the back of this property on King s Neck Woods their homes located as a six foot fence there And, one of the reasons why this property has a drainage problem is because the homes that are there the back of this property has corrugated drained these lincc, going onto my mother s prope rtN There's nee cr been a record She s ne er Item;�20 Ste% e B i shard/B i sh ard]hex eIopment Corp Page 5 complained about 1t We have no problems with the sale ofthe propertv along, as it done th that reasonable price that it will sell for So, that will be mother matter that i I l be taken up u i th Mr B i shard B ut, I j ust vk are ted to add ress that o ne th i ng beca u se we have been on that propenN As a matter of fact I just turned 65 Nesterda� Robert Miller Congratulations Happv Birthdav Clifton Hoggard And our Noungest sister was bore on the pr- pem and she s 61 So just wanted to address and probably and hopefully we%%e re hoping that we wouldn t ha e to because of the condition of our mother at this point in time, there is no other choice but to get rid of the property Ronal Ripley You i e seen a lot o f changes there haven't opt` Clifton Hoggard Certainly have Ronald Ripley I can remember no Ding's Grant hone of that Clifton Hoggard It �rasn t there When 1 went t the military in 1 there was nothing there King s Grant area was nothing Ronald Ripley You had that one little store down there Clifton Hoggard Yes sir white I believe his naive was N&ho o ed that store Thank you Ronald Ripley Thank you N ery much Mr Hoggard Okav So we have these eight conditions have been sent and prepared for us and there s been some adjustments made to thrn For the record card ever�one get a copy of this Okay And for the record, we're been given mother plat that shows additional landscaping along the western and northern property line areas Is that correct`? Eddie Bourdon Yes what I would do isjust adopt these conditions because that was work in progress Part of that buffer hich is shown as I -feet on there so don't adopt that It's going to be 20 WhILh IS what this sav Ronald Ripley Okay Eddie Bourdon OUN If the Commission is of a mind to those are the conditions the eight that are there One thing that I would just address verl, briefly is what Jacqueline was mentioning One of the conditions is that the turn around be large enough t accommodate a fire truck r thin what s there will accommodate but a truck In order to do that which we are perfectIN willing to do, what s cloing to happen is this is coin, to be slid down towards North Lvn haven The turn around ill come into this area because ih c're not Going t encroach into that 'o-foot landscape buffer These lots are again Item #2 o Step e tshard/ lshard Development Corp Page much larger than they re required to be This property line x% ill be shifted down this way a little bit Lots �) ill still be conforming 1n terms of size but this turn around will he in this area so that s again ike 11 do that between no" and when we get to City Council That s to address that condition That is one of the conditions here so if the Commission is so inclined to approve it with these eight conditions the plan will be some xkhat modified than ik hat you haN e I he communitN 1s wA are of that Ronald RipleN Thank Nlou very much AnN other discussionsdiscussions9 Someone wish to make a motion" Robert Diller Ill make a motion that we approved the application %% ith the modified conditions that Nke 3u t agreed Ronald RipleN So a motion bN, Bob Miller, seconded bN Kathy l atsals to approve this application subject to the eight conditions that ha e been given t us Will Din? Yes sir William Din Before eve rote on this thing, that s in contrary to what the write up recommends here and I d life to give Mr Scott a chance to rebut it Robert Scott 111 be happy to comment on it I thought when we rep lured this application last for f`ie lots I thought the adjoining neighborhood was being put upon I think it s a good thing to have worked with the adjoining neighbors and to come up with solutions that meet with their appro vv al I certainly helps matters a great deal I m glad that took place I heel that realtv alleviates a lot of the concerns 1 Nkill since statement is being oracle for the record, I appreciate the chance to saN this I will g11.e our best efforts with regard to drainage but this is not a particula-rIN orderIN pattern of development They re going to be some challenges and we will do our bast to deal with it but subdivisions don t get laid out in a more orderly manner are much easier to drain We 11 certainly provide the best opportunity we can And, I m verb happy to see that the neighhorhood seerned to be Joining ire with this solut1on because I think it is real Iv what"s needed and I felt like when we have properties like this it sometimes there s too much effort being put into how to get the most out of it and not enough effort being put into protecting the interest of the neighborhood ad)oining and it looks like this is a good balance of a positive thinking - Ronald Ripley It s orle of those complicated infill sites that you refer to all the time It 1s Anvh else have anN comments So xNe re readN to ivote AYE 10 NAY 0 AS 0 ABSENT C ABA` L A L IN AYE HORSLEY AYE ATSAIS AYE KNIGHT Al E Item 420 Ste% e Bis and /Bishard Development Corp Page MILLER AYE RIPLEY AYE SAIL' VVE STRANGE 4Y WOOD AYE Ronald Ripley Bar a vote of 10-0 the motion carries I want to tulIN conclude here Once again, welcorne Kathy, and Bmy to the Commission And, Bob I want to thank -Nu main for an excellent job huge agenda The staff all did a Preatiob Thank you very much Meeting )s adjour ed TO VIrginla Beach Planning Comm(sslon,-- Fax # 426-5667 FROM ADDRESS Phone # RE- VaMances Proposed for Development of 544 N Lynnfiaven Rd Concems About the Construction j -SW `1 bIslle-1r3( Ashby Moss -Variances proposed for Degelopement of 541 N l.ynnhaven Rd From <TwoMathTchgaol com To <PIanadm@vbgov co Date 11/10/2002 2 34 PM Subject Variances proposed for C volop m nt of 541 N Lynnhav n Rd Gentleman I have the following concems about the proposed development at 541 Lynnhaven Road devdopmert removes a large v%ooded area in a residential area access for emerclen y vehicle appears to be severely limited parti.cuady for the back to lots Four drfve ways side by sfde adversely (impacts the appearance of the neighborhood four drive ways entering a busy road appear to be unsafe J requLa t the variance not be granted Thank You James Dorton 004 Bay Breeze Orde Virginia Beach VA 23454 fil C. T oc merit %d%.)Bettina \ rnL aI%ottinos\ Temp\G W 4 HTM 1 I/1 /2002 Ashby Moss - Plans to build From <Cdgriswofd@aol com> To <planadm@vbgov com> Date 1 1/1 1/2002 12 09 PM Subject Plans to build I five on Kings Neck [give and have for almost 20 years When n I purchased my home this area was named The Woods of Little Neck r purchased in this area because of the woods 1t remained a beautiful area until about }rears ago however as usual money began to talk and the woods carve down with a vengeance There is know only one small section of woods left in the area the area you want to build at 541 North Lynnhaven mood I am writ;rig today to let rny voice be Beard I DO NOT want any more Nand destroyed for the sake of the almighty buck Sincerely Cheryl risw ld file '� um nls%2 andl) o C tting '�am'\Local° o2 S ttin 'T nip'%GW t HTNI I M/200 CAt%� V1 1 I',') 111-) SI V, Ashby Moss -Variances 541 N. Lynnhaven From <MmnwcIfPack@aoI corms TO �PIan dm@vbgov core Date 11/11/2002 7 22 P1 Subject Variances 1 N Lynnhav n I would like to expresb my opposrtion to the proposed variances for a development at 541 N Lynnhaven Road Specifically Proposed driveways have too many entrances to N L nnhaven in a narrow area Proposed do eways wfil require the removal of a large oak tree Destruction of an acre of woods vvi11 have significant environmental impact 4 stacked lots are inconsistent with neighborhood layout For these reasons I ask you to deny the request far variances Sincerely Maureen Nixon Mayfair cour+ a Beach file �/C�Dc>cuments"/o20and%2OSettings\amoss\Localo/o2DSettings\Temp\GNI)O0004HTM 11 '1 /{ o2 Ashby Moss - re 541 N Lynnhaven Rd variance proposal From <Kdmhakie@aol com> To <pianadm@vbgov com> Date X 1 J i 1J2D02 7 37 PM Subject re 541 N tynnhaven Rd variance proposal To the Va Beach Planning Commission I object to the proposed variances for 541 North Lynnhaven Fed The proposed vannaces will have a negative impact on the nearby homes (houses with roads in the front and back yards) the environment (wildlife in the wooded tot) public safety (lack of adequate roads for fire arnbulance and police) The proposed flagpole Jots do not fit rn with the rest of the neighborhood and will allow further erosion of 0-e community standards Tf a developer has only a contigency contract for the property and does not stand to rose money if the project is turned down It is in the best interest of the city to adhere to its current building codes and turn down the variance request Dana Mathews file C uI eats% n %2OS ttin l \Local° o S ttin\Temp1G TM 1 P12/2002 v"- - I I L-- t 3r FL CL � �* Pcre l of I Ashby Doss - Proposed variances for property @ 541 N Lynnhaven Rd, Va Beach, Va 23452 From D UGLAS STENDAHL <DCS0126@msn To <planadm@vbgov corn Date 11/11/2002 8 43 P Sub]ect Proposed variences for property @ 541 N Lynnhav n Rd , a Beach, 1 a 23452 I would like to register my oposition to the proposed variences for the above mentioned property, as it will eliminate the last unspoiled tract of land in this neighborhood, and in so doing, add a very densely built group of mouses, none of which will have a decent frontage in the neighborhood, and will create several flag-1 t fur on one plot), which have, in the past, been shot down by the planning commission and/or the city council, because flag -lots were not the desired type of zoning or land usage for the city of Virginia Beach file ocunients° o rid°/� tti n \ ni L 1° o ttin T rn G � `�I 11/12/200'.2. V CA Pale I of I Ashby Moss - As a resident of Virginia Beach, I am opposed to any variance at 541 N Lynhaven From Donna Curtis' <Donna Curbs@jwu edu> T planad r,,db v cam> Date 11/12/2002 8 53 ANC Subject As a resiaent of Virginia Beach, I am opposed to any variance at 541 N Lynhaven s a resident of Virginia Beach I am opposed to any varran a at 541 N Lynhaven Donna Curtis Career Serwes Coordinator Johnson & Wales Uni j fsit 2428 Almeda Avenue Norfoik CIA 23513 757 853 3508 xt nsw 233 file C Doi.urnents%20and o Settir 'l o L, l° o Benin T ' G '; TI 111'1 /� ? (I iect) I �4u,4— i Ashby Moss - Opposition From 'Randall Dubois' <Randall Dubois@jwu edu> To <Planadm@vbgov com> Date 11/12/2002 9 10 AID! Subiect Opposition I oppose any variance to the property CP 541 N Lynnhaven City of Virginia Beach in Kings Grant area Randall Dubois Pacre I ofI file // L rn nt o nd%20S ttin \ o \ o I° o S tti �T p\G 1 TI I 1 1 `? TO Virginia Beach Planning Commission —Fax # 426.561;7 FROM ADDREM F 3-5r6 A i ne, S Yhons # --ko V* e%274<14 V/7 z5qf RE Variances Proposed for Development of 441 N Lynnhaven Rd., Corms About the Construction r — — A 7� GJ�17�'�-�/Ifor d� fE on .J65 c�lf�f �r/l!� /j1�t€ �'l�ila�i��.¢r� �Ca�F ✓� �'.Jir�i��%.� r1 .low r5 r � Gl%if /t (�/ Z007--s ,Z70 hC 4 T7 Z/ LJO i6e4$ 0-- aa 1�10c*.Ilp it 000� TO Virginia Beach Planning Commission — Fax # 4264667 FROM _.�.r..� tP �- �l� v �� �� r ADDRESS Phone # -0,Z s; RE. Va4ances Propivacd for Development of 541 N Lynnhaven Rd 0ancems About the construction w#j wfA atrg w, W-A 0 waxwp ���Ugfza- �WN . 4w, iwd WE LQ Z�Z 14 Uiza i�lp,, Lam Q � r `f- G��` )lei ov� qtrQ��� raQc� Ci r.�ci Qy kk 0 re-, TO Virginia beach Planning Commission -- Fax # 4264667 FROM ADDRESS LAW P h o n 9# RE- Variances Proposed for Development of 641 N. Lynnhaven Rd Cancems About the Construction rtfj TOTAL P 01 Ashby Moss - oppose the variances for the property at 541 N L ynnhaven From "Ray Beard" <raybeard@exis n t To <pIanadmgvbgov oor Date 11 /12/2002 11 16 AM Subject Oppose the variances for the property at 541 N Lynnh v n Planning Commission I oppose the vanances for the property at 541 N Lynnha en Road Not only world the proposed variances remove the last remaining patch of woods in our neighborhood the cramped driveways from N Lynnh ven Road d world add more traffic in a short stretch of roadway and be unsightly The proposed layout of the 5 lots is cramped and would detract from the overall layout of the neighborhood Many tunes I have heard people comment on hour nice our neighborhood now appears This proposed addition could hurt that appearance Sincerely Ray o Beard Jr 501 Cromwell Ct Virginia Beach IAA 23452 fi) e / {C \Doc umerit °'o? Oand" a -`0 S e t t i n gs � \L oc a 1'1/ ettings\Te p�GW ; 0 0'--)' 11T"A I I /1212 rdlic 1 01 ! t Ashby Moss -variances---541 N .Lynnhaven From Alex Leu i' =Alex Leu i(a-, rwu du To plnadrr ,vbgov com Date 1 1 1 0 1 1 O PM Subject variances- --5 1 N LynnhaNen air, writincy to oppose are variances for the property at 541 N Lyruihaven Road Multiple driNe ays to serve one neighborhood are rid}c lousI If the builder can't build a street, he shouldn't be building houses Vircrinia Beach is already short on open space and wooded areas don't add to the mess by approving these )variances Sincerely, Alex Leuzzi file l/ \Documents' o ars %'Al-S ttin amass\L al° S ttingsTe � G ' ') T` l 11 l 1 a�C 1 u1 1 Ashby Moss -Public Comment re Variances for 541 North Lynnhaven Road From Si1via,Lisa <1asi1via@deq state era u To <P1anadm@vbgov corm Date 11/12/2002 1 59 P Subjlect Public comment re Variances for 541 North Lynnhaven Road Dear Sir/Madam As a resident and homeowner in the Kings Point East section of Virginia Beach I would like to express my concerns regarding are Impending variance hearing for development of the lot ident fled as 541 north Lynnhaven Load Unfortunately I am unable to attend the hearing scheduled for Wednesday November 13 2002at 12 noon due to work commitments Please accept this email facsimrle as my formal opposition to the variances being requested In the past fear years we have seen development of other previously wooded lots along the Lynnhaven Road corridor notably in the Goo block adjacent and opposite to Krugs Grant Elerne-itary School including the Bridget s Landing development These latest homes have added traffic to Lynnhaven Toad as well as the side streets in the adjoining neighborhoods This is of concern due to the large number of children in the area especially traveling on foot and bicycle to and from the school playground and ball fieids The proposed subdivision does not seem to address the burden on roads with all homes accessed by single hidden entrylexit points North Lynnhaven Toad is a two lane curved residential road with poor visibility f additional concern is the increased impact to the storm water system in this area During construction and following F have observed increased amounts of runoff entering the street due to lack of natural controls with the removal of small wooded lots such as that being proposed for development This includes not only additional waters but significant amounts of soil and mud making the roads slippery unsighfly and the additional burden on an already taxed system Filially I find it difficult to unde stand the apprDval of yet anOler housing development ap an area wh)ch has no lack of avalpable homes for sale or rent even in an aggressive market icings Grant and its associated neighborhoods (e g Zings Print East) are highly sought after for good value and schools But new homes are not needed tc fill the market s desire I ask that you please consider these concerns and make a wise decision before allowing yet another smart wooded open space be lost to unnecessary development continued less of such green spaces will only lower the value of this established neighborhood not enhance it Please deny the requested variances Sincerely Lisa A Silvia 3425 Kings Neck Drive Virginia Beach 23452 a a lillrsCa)mindspring coo lasilviaa deq Mate va us file 11C iTient %20and%ttin \ o L a1%S ttin \Tom W HTM 1111 / . To Robert J Scott Director Virginia Beach Planning Commission Fax 426-5667 From Lisa A Silvia 3425 rings Neck Drive (757) -Sgg e Variances Proposed for Development of 541 North Lynnhaven Road Dear Sir/Madam As a resident and homeowner in the Kings Point East sermon of Virginia Beach I would life to express rry concems regarding an impending variance hearing for development of the lot identified as 541 North Lyrinhaven Pod Unfortunately I am unable to attend the heanng scheduled for Wednesday November 13, 2002 at 12 noon, due to work commitments nt Please accept thLs facsimile as mar formal opposition to the variances being requested In the past few years we have seen development of other previously wooded lots along the Lynnhaven Road corridor notably in the 600 block adjacent and opposite to Kegs Grant Elementary School including the Bridget s Landing development These latest homes have added traffic to Lynnhaven Road as well as the side streets )n the adjoining ne)ghborhoods This is of concern due to the large number of children in the arez especrahy traveling on foot and bicycle to and from the school playground and bail fields The proposed subdivision does not seem to address the burden on roads with all homes accessed by single, hidden entry/exit points North Lynnhaven Road is a t (ane curved residential road with poor visa xlity f additional cancem is the increased impact to the storm water system in this area During con tructicrr and following I have observed Increased amounts of runoff entering the street slue to lack of natural controls with the removal of small wooded lots such as that being proposed for development This includes not only additional waters but also significant amounts of soil and rrind making the roads slippery unsightly, and the additional burden on an already taxed system Finally 1 find it difficult to understand the approval of fret another housing development ,n are area that has no lack of available homes for sale or rent, even in an aggressive market Kings Grant and its associated neighborhoods e g ,Flings Point East) are highly sought after for good value andschools But new homes are not needed to fill the markets desire l ask that you please consider these concerns and make a wise decision before allowing yet smother small wooded open space is lost to unnecessary development Continued loss of such green spaces will only lover the value of this established neighborhood not enhance it Please deny the requested variance Sincerely Lisa A Silvia Stephen Whit - Oppose Subdivision From Dinc)Tirado <dtirado@npskI2vaus> To <Planadm @ vbgo v cors Date 11 /13/2002 7 23 AM Subject Oppose Subdivision To wham is may Concern I am writing to oppose the new subdivision on Dings Neck foods and N Lynnhaven Building a new subdivision will bring more traffic loss of the scenic sites With the increase building of new homes to the Kings Woods area there will also be an increase of vehicular traffic on N Lynnhaven At night my granddaughter and I take walls on N Lynnhaven the last levy years A has been getting dangerous to do so With the increase traffic cornes increase speeders I moved from New York City several years back to escape the concrete jungle N wanted to live in a place that has lots of trees Kings Neck Woods was the place Suildrng a new sub division will destroy the trees and the woods which is Kings Neck Woods Please take into consideration the life impact of losing the woods and the danger of increase traffic Thank you for taking the time to read and Itsten to our gne►rances Rafael TFrado 12 Kings Neck Drive file \ ' I NT Tem GW J TM 11/13/2002 Stephen Whit - Deny Variance �.. �...` From <jfwerndh@att li t TO <PIanadm@vbgov com> Date 1 11 1 P Subject Deter Variance Dear Mr Scott 1 oppose granting variances for the property at 541 N Lynnhaven Road for further deveipment for several reasons North Lynnhaven Road is narrow with no shoulders and already has heavy traffic at all hours of the day and night There is are efemnetary school almost across the street Virginia Beach has lost many open wooded areas to development beep this small parcel of land available as an open green space or a wildlife habitat Rabies is are issue in the Little Neck area additional development will create more crowded conditions for wiIdlife thus potential health hazards Thank you for your ccnsaderation Janet Werndli iI C fINNT\Temp W 10 H TM I1 1 2 'age t of I Ashby Moss - Application #H06-211mSVRm2002 From: <kimberly koehler@bankofamenca com> To. <planadm@vbgov com> Date: 1/6/2003 12 06 PM Subject: Application #H06-211-SVR-2002 To City of Virginia Beach Department of Planning i received ar letter dated 12/26/02 regarding the Appeal to Decisions of Administrative Dr#icers in regard to certain elements of thesubdivision ordinance Subdivision for Steve Bi hard/Sishard Development Corp Property is located on the west side of forth L nnbaven Road 90 feet more or less south of Mayfair Court As a property owner directly ad)acert to this street mentioned above I would life to submit my comments for the ]actuary 8th meeting as I will not be a bie to attend in person I am concerned with this request to build homes on this property for the following reasons I Displacement of animal wildlife Where will they go) What plans will be followed to ensure our amma�s are taken care o"' We are running out of land for these animals If displaced wjJ1 we experience animals migrating to our property seeking food and shelter Noise concerns Once this area is cleared I fear the property owners wal) experience additional noise from the L� nnhaven Road and new homes Traffic I am also concerned with additional traffic in the reighborhood Could be significant impact to Kings Grant School and our children who walk and/or ride bikes to school or other activities (church etc ) on Lnnhaen Road 4 Why not build a park for our children Our neighborhood does not have a park wjthan close proximity other park is in dangerous area near maim road with rntich traffic 5 Trees 6iminating these trees not good for our overall commitment to health as well as mature What benefit would go to the neighborhood versus the builder Note ► e have Irved in our home for 9 years The Purchase of this home was based on the woods behind our home recurity noise and nature I arn not understanding any benefits to the neighborhood/community versus profit for the builder Sincerely Kimberly W loehter 1 � Kings Neck Core it mia Beach Virginia 23452 Map Commonwea 1 h Custom Hone BIdTs, Inc 12 Cr C31 Y� o 2� 0 L0 t C* f C5 '-I I ? 3 @D1 01 O 'f n I TL4 CP R-20 E�3 EZ] I a I I in 148-74-10 ZONING HISTORY 1 Conditional Use Permit HorneOccupation) i Approved ^8-01 2 Subdivision Variance— Denied 11-2 - 92 8 Rezoning 1 Residential to F -3 Residential) idential — Approved -11-7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Commonwealth Custom Horne Builders, Inc --- Subdivision Variance MEETING DATE February 25, 200 ■ Background Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance Subdivision for Commonwealth Custom Home Builders Inc Property is located on the south side of Little Lake Drive, approximately 100 feet east of Little Lake Court (GPIN 1498741624) DISTRICT 5 — LYNNHAVEN It is the intent of the applicant to subdivide the site into two lots Both of the proposed lots lack the required width in lot frontage necessitating the request for a variance ■ Considerations Rose Hall, a historic farmhouse occupies the site The site is zoned -2 Residential District Several subdivisions have occurred involving the site Originally part of the Trant farm, it appears that the site was created ,n the early 1970s with the platting of the Trant Berkshire subdivision In June 1986 the site was subdivided into three lots, with Lot A having a lot width of 18 feet on Five Point Road in November 2002, a re -subdivision was approved that increased the lot widths and areas of the two lots fronting on Five Point Road, and left this lot with only frontage on Little Lace Drive The site ,s in the middle of an established subdivision of lots that are predominately 20,000 square feet in area Both of the proposed lots will exceed the minimum lot area by more than 15 oo square feet Approval of the variance request would not be detrimental to the adjacent properties, nor would it adversely affect the character of the neighborhood It does not appear that the request would be recurring in nature in the immediate area Staff recommended approval There was opposition to the proposal a Recommendations The Planning Commission passed a motion by a recorded vote of -1 to approve this request with the following conditions Commonwealth Builders Page 2 of 2 Before commencing any site work the applicant / developer shall submit a tree protection and landscaping plan for the sites Existing vegetation, particularly the mature oak, magnolia and evergreen trees, shall be preserved to the greatest extent possible Areas along the southern and western property lines shall be supplemented with Leyland cypress as needed Limits of clearing depicted on the site plan shall be strictly observed Tree protection shall be installed at the drip line of all mature trees to be retained and shall remain in place throughout the construction project There shall be no encroachment into the tree protection areas by equipment or materials 2 The location of the proposed dwellings shall substantially adhere to the submitted plan titled "PRELIMINARY SUBDIVISION OF LAT A-1, (GPIN 1 - 4 1 20 RESUBDIVISION of LOTS A, B, AND C SUBDIVISION OF PROPERTY OF LOUIS J AND MARY A OSTERHOUS 1, Sheet 2, prepared by Hassell and Folkes, P e dated 11 2 Said plan is on file in the City of Virginia Beach Planning Department 3 Access to Lot A-1 A shall be provided her are all Breather surface, such as concrete, asphalt or pavers ■ Attachments Staff Review Disclosure statement Planning Commission Minutes Location Map Recommended Action Staff re ommends approval Planning Commission recommends approval Submitting Department/Agency Planing Department�j� N' City Manager � opt COMMONWEALTH CUSTOM HOME BUILDERS/# 181 January 8, 2003 General Information: APPLICATION REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS 11 01 Five Point Road the South side of Little Lake Drive, 100 feet East of Little Lake Court Commonueafth Custom Horne lags Inc 4 UP LD " i AW cr .� k E a6p [ FP— 2-- — T RD — 2a 149�b- %t-1620 GPIGPIN 14987416200000 Planning Commission Agenda January 8, 23 COMMONWEALTH CUSTOM HOME UIL ERS 1 Page 1 ELECTION DISTRICT ^ L NNHA EN SITE SIZE 1 679 acres STAFF PLANER Faith Christie Major Issues: 0 Presence of a hardship justifying the variance Compatibility of the proposed in#ill development with the surrounding lots Site Plan / Preliminary Plat: Existing Lot The existing lot is 1 679 acres The lot is 100 feet in width at the building setback line Proposed Lots It is the intent of the applicant to subdivide the site into two lots Both of the proposed lots lack the required width in lot frontage, necessitating the request for a variance -7— t o j Flea u � rid I Lot A -!A Lot � 1 El Lot Width in feet i 100 1 LLot Area in square feet 20,000 35,373 37,059 *Variance required Land Use, Zoning, and Site Characteristics Exisfing_Land Use and Zoning Rose Hall, a historic farmhouse occupies the site The site is zoned R-20 Residential District Planning Commission Agenda January , 2003 COMMONWEALTH CUSTOM HOME BUILDERS 1 Page 2 SurroundjQ.g.Land Use and Zoning North 0 Single-family dwelling R-20 Residential District and Little Lake Drive South • Single-family r dwellings R-20 Residential District East 0 Single-family dwellings/ R- Residential District Vilest a Single-family dwellings R-20 Residential District Zonmq Histou The site was zoned R-R 1 Rural Residence until 1973 From 1973 to 1977 the site was zoned R-1 Residential District The immediate area was rezoned from R-1 Residential District to R 3 Residential District in 1977 The site has been zoned R-20 Residential District since 198E with the adoption of the City Zoning Ordinance Planning Commission Agenda January 8, 23 COMMO NWE ALTH C U STO M HOME BUILDERS! # 1 Page Several subdivisions have occurred involving the site Originally part of the Trant farm, it appears that the site was created in the early 1970s with the platting of the Trant Berkshire subdivision In June 1986, the site was subdivided into three tots, with Lot having a lot width of 18 feet on Five Point Road d In November 2002, a re -subdivision was approved that increased the lot widths and areas of the two lots fronting on Five Point Road and left this lot with only frontage on Little Labe Drive Air Installation Compatible Use Zone-(AICUZ) The site is in an A{CUZ of 65-70 dB Ldn surrounding NAS Oceana Natural Resource anPhvsical Characteristics The site is grasser and has mature shrubs and trees The only impervious cover existing is the existing house and an in r and pool The site is in the Resource Management gement Area of the Chesapeake Bay Preservation Area Public Facilities and Services Water and Sewer Water There is a four -inch water main in Little Lade Drive on the northwest corner of the property A ten -inch water main exists in Five Point road The newly created lots must connect to City water An existing 8-inch meter may be used by one of the newly created lots Sewer Eight -inch sanitary sewer mains exist both in Little Lake Drive and Five Point Road The newly created lots must connect to City sewer An existing sewer connection may be used by one of the newly created lots Police and Fire Police The numerical addresses of the dwellings should be clearly visible at the lot entrances on Little Lake Drive Fire An all weather surface should be provided for Fire Department access to any structure beyond Zoo feet from Little Labe Drive Planning Commission Agenda January 8, 23 COMMONWEALTH CUSTOM HOME BUILDERS/ # 18 Page Comprehensive Plan The Comprehensive Plan Map designates this area as suburban Residential / Low Density, an area planned for residential use at or below 3 5 dwelling units per acre Evaluation of Request Staff evaluation of a subdivision variance is based on several factors, inciuding the degree of compliance with City ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted rand use and development practices and theory Personal hardship does not eater into the staff s evaluation Above all, Staff#s evaluation is based on Section 9 3 of the Subdivision Ordinance which addresses variances to the ordinance Section 9 3 of the subdivision ordinance states Section 9 3 of the subdivision ordinance states o variance shall be authorized by the Council unless it finds that A Strict application of the ordinance would produce undue hardship The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected C The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance D The hardship is created by the physical character of the property including dimensions and topography or by ether extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance E The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance Staff recommends approval of the subdivision variance request subject to the conditions listed below The site is in the middle of an established subdivision of trots that are predominately 20 000 square feet in area Both of the proposed lots will exceed the 4c Planning Cc>mmission Agenda January 8, 2003 COMMONWEALTH CUSTOM HOME BUILDERS/# 18 Page minimum lot area by more than 1,00 square feet Approval of the variance request would not be detrimental to the adjacent properties, nor would it adversely affect the character of the neighborhood It does not appear that the request would be recurring in nature in the immediate area Therefore staff recommends approval of the subdivision variance subject to the following conditions Conditions Before commencing any site work the applicant developer shall submit a tree protection and landscaping plan for the sftes Existing vegetation, particularly the mature oak, magnolia and evergreen trees, shall be preserved to the greatest extent possible Areas along the southern and western property lines shall be supplemented with Leyland cypress as needed Lim(ts of clearing depicted on the site plan shall be strictly observed Tree protection shall be installed at the drip line of ail mature trees to be retained, and shalt remain in place throughout the construction project There shalt be no encroachment into the tree protection areas by equipment or materials The location of the proposed dwellings shall substantially adhere to the submitted plan titled "PRELIMINARY Al SUBDIVISION OF LAT A-1 (GPIN 1 g - -1 20 RESUBDIVISION OF LOTS A B, AND C SUBDIVISION OF PROPERTY OF L UIS J AND MARY A STBRHOUS', sheet 2, prepared by Hassell and Folkes, P C , dated 11/6/02 Said plan is on file in the City of Virginia Beach Planning Department Access to Lot -1 A shall be provided by an all Breather surface, such as concrete asphalt or pagers NOTE porgy granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation Further conditions may be required during the administration ration aoofi able ON Ordinances Planning Commission Agenda January 8, 2003 COMMONWEALTH CUSTOM HOME BUILDERS! # 1 Page �.^ Planning Commission Agenda January , 2003 - f COMMONWEALTH CUSTOM HOMEBUILDERS/ 1 Page V. ppm iAk oil& c J �•�No qK f rrt �b t 43 ' - We VIP 14 { * ♦. - wl, Ito Ar .t r.. 01. .. �k c ti. + �j Ali' ' "• V� , # ' - y do f. vF •. ° _�p + LU , t ad' x ,. ,},•�- � r •,, � ,r . ° '� � , � r r L V�, �+$ • i # V x' +� k ti •sue f +Y + • { la +; y Planning uommission A enaa ]WEALTH CUSTOM HOME BUILDERS/ # I = io DISCLOSURE STATEMENT Applicant s Name�_�s�r� t� ���� �� � i. � �f �„�_r' � � ���� � � � tir,� r,I t f3 1v n List All Current L � z' ic, PROPERTY OWNER DISCLOSURE If the property o, rer is a CORPORATIONlist ail officers of the Corporation beSow (Attach list if necessary) If the property owner is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION list all members or par'ners in the organization b lo, (Attach ';st ifnecessary) Check here if the property owner is lOT a corporation partnership firm or other unincorporated organization If the appficant is not the current owner of the property complete the Applicant Disclosure section below APPLICANT DISCLOSURE if the property owner is a CORPORATION N st all officers of the Corporation below (Attach first if necessary) If the property owner is a PARTNERSHIP, HIP, FIRM or other UNINCORPORATED ORGANIZATION Itst all members or partners in the organization below Attar list if ge ar C1 Check here if the property owner is NOT a corporation partnership firm or other unincorporated organization CERTIFICATION 1 certify that the information contained herein is true and accurate Cr M110 ]Wle -i C 0t3� oi e i u Icier ii� Signature Print Naive Subdivision Variance Application Page 9 of 1 Mod f eO 10 16 z o Planning Commission Agenda January , 2003 COMMONWEALTH EALTH CUSTOM HOMEBUILDERS/ 1 Page ;XA V Commonwealth Custom Home Builders, Inc Appeal to Decisions of Adrmnistratl e Officers in regard to certain elements of the Subdivision ordinance youth side o Little Lake Drov e approx i mate I 100 feet east of Little Lake Court District Lynnhaven January 8, 2003 REGULAR Robert Miller The nest is Commonwealth Custom Florae Builders Inc , Item # 18 Eddie Bourdon Mr Chairman, again for the record, Eddie Bourdon, a Virginia Beach e a llcnt I have ackages letters f support There seven attorney repres ntina the p orr to be letters and 1 ll tell you who the re from The letters of support which you re e come around If you 11 follow with me This is the up rece��ng copes of there as they I also want to point out that there are two lots here on the pinpoint this is the property client bought this entire piece of property here these two here on Fire Point Road My client h alot orrunor back into here off of Five Point Road An lots There was actually a or � C) man months ago Let me back up even further I sorry to ,lump came to see nr�e y � around All this piece of property s owned by Mrs osterhouse or osier I may be put the property on the market for over sr months and it was flrpla�n her name, but she p p p d someone farticles rltter� in the paper She was tr lr y to ffin Drell advertised a► coupleafter s1�c w would be interested in preserving the house And a to buy the property who Dose has no forth coming It s clearly been determined that the h months no buyers were 0 � cantl and several inlfcant historical value and on tap of that the louse is sinif"i y y cure Since my client Mr Fick and Mrs Johnson bought damacred by terntes and moss e had �t cornrrrunicated with the people when Mrs sterhous the property, they have house if the a a to reserve it and he would glue therm the mho were trylnzn to fin p e about how this could find the lace to take it we also went in, and he came to see n d we actuall�r have a plan and 111 show it to you e property can be resubdlided n et p ul-de sac here and could have platted five lots that m mere to put a road in here ith a� c the R-20 zonincy� category It would have been this lot on the outside which had access on Drive and the cul-de-sac here would have been not the the col -de -sac on Little Lake to tr �n the rid we felt the easier and hest way rather than y easiest lots to develop And I� to do that and put a road � � 1n tr ina to put a road in here next to this existing house would � be to do what were here tr iner to do today and that is because there was a provision L-7 ought a road in this way re when this was platted We actually could have hr made h P because it s wide enough but there vxas no benefit to he had by doing that just to develop l come in for a flag lot with these two very large lots as Make these two lots bigger an foot lots the re appropriately noted Instead of theca being �f f square � y your staff has each To develop these two parcels here And Ill go over 3 000 plus square foot lots p we have the plan in minute Back to here originally started the letters of support owners f this horne this home an letters of support from thed this home and this is �r letter of su support will be adjacent to geese three homes we have a I p where the driveways from the owner of this bonne, this home and the two hones that are under construction today on these t%k o lots As I understand it there are two folks who are not in support of the application live here and here So, that's just for reference as to the where the support letters are emanating 111 pass this around It shows the concept of how this property could hae been diided and that s not happening It's riot a threat It can t happen But just for point of information This parcel was under one ownership is well olver 1 acres of land Whatwe're here for today is simply a two lot subdivision of a 1 67 acre parcel that's zoned R- again two lots that both far larger Stephen can you put the actual? Thank you This is the plan These are the two lots that are before you today The frontage and the entrances ill come off` of Little Lake Drive which is a cul-de-sac The driveway is to the back house shown here and a driveway corning up to this house We've even shown where the houses will be located we re centering on the lots so they're not in close pro imatel� to any of the other hoes that are adjoining us And, we re showing where the existing improvements are on the adjoining lots we e provided for a landscape buffer we 11 preserve trees and enhance those with additional plantings all along the borders with our neighbors here and mere w ve agree on the conditions that staff has recommended A tree preservation plan We, want to preserve a many ofthe trees as possible There are a lot of trees here We %k ant to preserve those trees and simply enhance those with additional plantings not take those trees down To the deorree that there can be conceived and will impact we believe those are the folks that are impacted That's where the driveway would be This home is located more than 0 feet or rouaWl feet from the property lire here This house is 40 feet off the property line Where s fencing all along here, although I believe it 4, a split rail not a privacv fence And the houses are between a S000-600 000 The new houses that are under construction here are acrain in the $50 000 range and these houses because of their being ba(.k off the cul-de-sac on larger lots will be in the 0 000 range They will he very nice hones on very lame lotq Ronald Ripley Any questions of MrBourdon? Eddie Bourdon All the conditions that the staff has recommended are acceptable Fonald Ripley Thank you 'very much Is there anybody else to speak in favor of the application`s Eddie Bourdon l did mention that my clients are here Donald l iplev Okay we hay e six individuals signed up to speak in opposition And, in the interest of time I need to limit your time to 3 r nutes each If you need a little more time we can certainly work with you but in the interest of time will you call the First one Mr 'filler`) Robert Miller Lynn Bernard There s some out of order I just put these in alphabetical order Lynn Bernard That s the most logical way to do it Robert Miller Absolutely Ronald Ripley Or if somebody wants to take all the time and they want to give it to them they can do that too Lynn Bernard I think i,% hat we fanned on dozng since %i a re a loose coalition of Rose Hall friends of Rose Hall Croup, just called together probably over the Cbristmas holiday because we weren't aware of it that it was ao1 g to come up on the docket so soon We've been apprised that it would come up no earlier than March 8th Ronald Ripley So, you all want to spear Each tale about three nunutes and talk Lynn Bernard Right Ronald Ripley okay Fine Lynn eT-nard What we 11 try to do is address different rent points I am Lynn Bernard I m really grateful for the privilege of speaking before you here todav And I'm a member of the AVA, although I don't have any kind of official standing in the group but beyond being member I was loot rig over the recommendations from the staff today l noted that they did not address the issue of hardship And after speaking with an attorney I found the definition of hardship not to address whether the developer is going to go into any econorruc distress But, that the developer must prove that the property is useless and w orthless And, an appraisal w ould in fact be so me thf rig that would deterrmne that And, even if the appraiser came in with an amount that Nvas lower than what Conunonwealth Cuc,tom Homes purchased the property for, that would not be considered a hardship because than would relate back to his e ononuc liability And, that s according to the subdivision variance This 1s section 4 4B In fact there are several outstanding offers for the property which is historic as i And some based on the knowledge that the S200,000 renovation estimate for the building for the bull linos that has been put forward by Commonwealth Custom Hones could be seriously inflated Where are more reasonable estimates for the renovation that have been put forth by a contractor who i intimately associated with renovating homes and have done so in conjunction with the APVA He has placed an offer of around $ 0 000 And # e also received many offers of other people who are restoration you know ii3tirnately as o iated with restoration of homes And they have said that they would do work in band as well Secondly Commonwealth Custom Homes has created this hardship, Bice the child who kills both of his parents and then ernes to this state ac ing for help because he s an orphan Ronald Ripley f don t want to rush you up but you re starting to nin out of time fn faLt, you re out of time Lynn Bernard Okay He created thefw two lots for Cowolvo Dnve destrovinor the access effectively and land locking the historical Rose Hall and now comes to you for a variance for the remaining frontage on Kittle Lake Drive I ask the Commission to consider how the referral today will affect its authority in the future would it possibly undernund its authority as developers bring piece meal variances to you which they them eli,es have created the need for ,And I thank you for your time Ronald Ripley Thank you very much Robert Miller The next speaker is Deborah Bullock Deborah Bullock Good afternoon I rn not associated with the Friends of Rose Hall although they have approached me f live directly across the street from the access that you re looking at a variance for My address is 2500 Little Lake Court but mv driveway would be directly opposed to the access And I rn opposed to it because originally the access to this property was from Five Points And as was previously stated they blocked that with a house Now they're looking at not only accessing the property of one lot but creating two and creaUncr mo accesses on that particular cul-de-sac if you notice there are four accesses Where are four driveways rime is one and there are three others And now you re looking on adding two more effectively increasing the number of accesses on a small cul-de-sac by 50 percent and it was never intended to be that way He has a small amount of frontage but it was never intended for access It was accessed from Five Points And the cul-de-sac will not handle the traffic and I am opposed to the variance Thank you Donald lbpley Thank you Any questions' Thank you Robert Miller Arne Mayes Castleberry Amy Castleberry GreeLings Ili I am an interior designer And I ve restored houses I am a member of APVA I'rri a member of the National Trust And I am currently writing a book on the old houses in Virginia Beach And, having restored my own houses three of them I m Very mti ately aware of how expensive and not expensive it can be And we re kind of at an emotional loss if we lose our antiquity It s really hard to calculate how many historical structures have been lost in Virginia Beach hundreds of houses at least, and there are so few that are left Where are groups in west Virginia that are actively involved to preserving their vintage turn of the century town and yet n ht here where everything began, we are still raging war to protect our antiquities to bring preservation into Main stream con cienc ness Rote Hall ic, not West Dipper and it surly not part of Cottage Grove but it is however the charming example of early 19'h Century Virginia Beach architecture and it makes me sad to said it is not example but as a warm loving family hone It s the land that is more important to Cornish the APVA than the house itself laud to the lags of our country Land that hosted Indian settlement ground and land that still retains one full historic planting that's seen almost Zoo blooming seasons It's our goal to turn Virginia Beach into an area of scenen ss stricken away everything that makes it unique to Virginia Beach It 1s our legacy r the school children, who have contacted me about Rose Hall asking me if such a place care be spared b the bulldozer's blade what is the matter with us as a group that we can t see the importance of saving a small bit of history that still survived because when your lose it, it is gone forever and ak city without it s history is a city that has lost its soul Thank you Ronald Ripley Thank you vcr much Yes Dot Wood has a question Dorothy wood Did you not know it was for sale9 I believe that Mrs osterhouse was selling this for quite a while before Aniv Castleberry Apparently, there was a notice in the newspaper in ,tune And I was out ofstate at the ume I was not aware And, I am not really sure what the chain of events were but according to members of our group, they told m y that there was very little notice I believe the sale took place in September Dorothy wood This sale' Ay Castleberry Yes And everything very quid happened by In my book I inter sewed the osterhouses and th v were kind and shared all the inforrrration with me And I was actually showing a friend the different sites that would be in my hook and was horrified to we that the lay of trees was absolutely obliterated And instead were two massive houses Dorothy wood Thy you Ronald Ripley Thank you ery much Robert Miller Amy Gardner Array Gardner I m Array Gardner And I m here as somebody who appreciates old things And I don't want to see them taken away from future aen r �tions, And, I was told that there were lags to protect homes that are over to gears old from an architect friend of none and I wanted that addressed as well Ronald Ripley Thank you very much Robert Biller Barbara Gardner Barbara Gardner There's no farm Iy relatjon between Amy Gardner and I we ju t happen to hale the same last name and I am an American citizen even though I do have an accent Rose Mall is a story about greed and negligence If your havers t seen Rose Hall and its growth, I urge you to go and take a look I visited Dose Dail first with Amy Castleberry, and to our horror we discovered that the orrounds had been attacked Rose Hall went up for sale without significant notice as the significantx of this pleLe of property Rose Hall s allays of anoient Box Wood trees by now have been chopped down Rose lull s ground has already been subdivided and partially disgraced by two giant homes which in these days in the press and by leading authors are termed started castles and McMansions More of this type of flwx incy )s planned for the remainder of this ma nificent property and very old 1 agnolia is facing death b chalnsaw The de gracef � y destruction of this once ul and important piece of'irYnirr-litetral history shed some l i crht on a number rnbcr of disturbrn� facts why was the Virainia Beach fit � y Council not aware of this magnificent piece of ist �r r Whir was it not m as a historystructure mapped cture it i why has Rose Ball been treated as are infill lot that is actually what is happening in this neighborhood and others in Virginia Beach The developer has been allowed to build homes completely out of proportion with a natural landscape and the surrounding homes Rose Mall like other historical structures belong to a wealth f .rml r that these inch ful ircrinl n id not overrun the beautiful sit There was harmony between the historical home and the grounds it occupies We are here to save all of Rose Hall Ancestors are urgently needed to save Rose Fall and other such properties in Virginia Beach Answers to the questions must greed be allowed to destroy Virginia history9 who actually considers destroying such a pristine and beautiful estate for money that easll�r would have been made at another site" And hour will the Planning g Cornrmsc,ion deal with other such properties" There s a need for th se size in atalo4- ' Red Flag when they show up for sale It should only be sold to persons who will restore but not destroy the entire property Forty years of Virginia Beach history are built on hundreds of years of Virginian history Rose Hall is a beautiful example of that honored i story Donald Ripley Ms Gardner we re getting close to our time Barbara Gardner Okay Ronald Ripley Don t mean to cut you to short Barbara Gardner Last sentence is to the Planning Council I believe has a sharp eye tourards the future and a wise eye towards the past And, it must protect these historical wastelands and let s save these historical sites from the wasteland ofdeveloper pr destructive appetite Let s start with Rose Mall Ronald Ripley Thank you very much Robert Miller Gerard Reuss Gerard Reuss Good afternoon For those who have not had the opportunity Pp y to see Dose ]Nall 1 have brought some pictures that I Ykould like to share with you while I speak ak Unfortunately by the benefit of going last some of y points have already been But P y made one in particular 1 d life to make is that one of the criteria that must be met for a subdivision variance to be granted is that the neighborhood will not be adversely effected ected A 1 feel that is not the ease here s you have already seers the neighborhood has ready been adversely affected The property were discussing was pan art of acre parcel The front 1 18 acres have been developed into what halve been called Mciansin what used to exist was a beautiful allay of Box woods and Crape that l p riles led to the 1 20 structure to be sought, and you ill see In the pictures This sale was not advertised I any one of the complaining neighbors, if you will one of the non supporting neighbors who lives in the home right behind the `1 " in R-20 Ronald Ripley Could you point to it for us with the pointer` Gerard Reuss Yes sir I m in this residence rjorht here Aq such one of the views you'll see is out of my backyard And that is part of the view that I would like to see maintained As already been said, the two homes that have been built on this property are totally unlike anything that exists in our neighborhood today our homes are based in 1970s These McMansrons are very much out of character with our existing neighborhood and I do not wart to see two more of its like cro up instead What s left on thl 178 acres that is the subject of this variance is that magnificent faun house and also those magnificent trees And while I m aware of the conditions and the acyreement t protect the trees, I ve also been told that macrnificent Maornolia that may very well be the third largest in the state, will be subject to a bulldozer The builder has told me that there will be no way to save that if he continues with his plain And, I find that to be ver unfortunate In addition to the house and trees being lost Fm concerned that a lot of the charm and character of our neighborhood is lost as well one of the lots that will be created, and if we could advance to what the proposed lots will look like this lot is a creation of a flag lot w luch I understand that Council and Municipal Code generally abores And, this lot is unique in that it is surrounded entirely by backyards our neighborhood has numerous flag lots but they re all used to take advantage of peninsula lots that have wonderful views Here this person is being subjected to the backyards of seven adjacent home To rny content if this lot must be developed I would prefer to see open hone here and treat the property with kindness and regard Are there any questions) Ronald Ripley Yes Dot wood has a question Iorothv wood Sir you live next door and you did not know that Ills osterhoue was selling the house`s Gerard Reuss No We used to meet on this corner for and we still do for the bus stop for our children The AlexanderAlexanders who live in this home were N ery much involved with Mrs Osterhouse Their had an inklincr that the house was Going to be for sale She presented us that information at the bus stop we waited to see a for sale sign Never was a forgale ian seen If there was discussion f sales, it was done behind close doors under wraps Dorotby wood I read about it In the paper That s how I knew It was for sale because I remember reading it to n elderly lady I believe, and she was selling her house Gerard Reuss That was a result of Mary s work, Ails Alexander s work But at no time did I ever see a for sale sign up n that pr pert If I may mention related issue, I convinced that them will be more nei abbors speaking on this issue if they fully aware of whdt is proposed for this property Right now the posting for this variance is right here And as our neighbor has discussed the only people who use thancul-de-sac are the three homeowners who presently live there Everyone else in the neighborhood approaches this property from Fine Points They know lose Mall to exist from this entrance Hundreds of cars hundreds ofresidents pass by this site I cure say none of them are aware of thus meeting talung pace today our civic league meets tonxaht l will h there and I Nk ill present this information to them It s my hope that you will be understandincr and will receive some of the comments there are ensure to have as a result of this I know there s an email address where they can contact you I would ask that you he agreeable to read those ernails because I am very convinced there are a number of neighbors who are totally unaware of what ;s being proposed Ronald Ripley Are you aware that this was also advertised in the paper I mean there are two ways notice Gerard Reuss I have the Beacon Ronald Ripley As well as notice as well There is notice here of the buildzna But I don t mean people looking in the building but it does cone in the Beacon Gerard Reuss I halve seen the Beacon Ronald Ripley I just want to male sure that you're aware Gerard Reuss I'm intimately aware I e talked to everybody that I can but I can t reach all the neighbors Ronald Ripley I understand Gerard Reuss Not be cruel but what appears in the Beacon I only wear my glasses rarefy and I need nay glasses for that Ronald Ripley Any questions" Okay Thank you very much Gerard Reuss Thanks for your time Ronald Ripley Mr Bourdon do you want to readdress Eddie Bourdon Yes please Let me again, with the last comments when this property when Mrs osterhouse was first eontemplatina sales there were two articles in the newspaper There was information and I even heard stories on the radio on the newr, about this ladN wanted to try and find someone one who would buy her house and it warn t gust her house Ill show you the subdivision Where were three lots ineludin a this being a flab lot that Mrs ost rhouse had done But it was advertised The house was even out there Tom Betts was quoted one of my partners were quoted in one of the newspaper articles that he was representing her They were tryxn t find someone who will be willing to buy the property and do the work to basically rebuild the house And, no one came forward Subsequent to that time about sic weeks ago there was n article in the Virginia Beach Beacon w here my client was quoted, and what I r e already said was 1n there he was interested in buying the house, the house was going down But if anybody wants to buy it and move it we'll give it to them Again, it's been in the newspaper It s been publicized My client s been door to door with everybody around the property and not just the Iast couple o fweeks for some time It's kind of disingenuous to say that people don t know about it I mean this is just definitely, you know, it s been out there If you didn t know about it you chose not to And, f find it difficult to comprehend that someone living next door didn t knoNk or the people living down the street dxdn t know Nov. this is the subdivision that the osterhouse s had done on the property I'm going to pass it around Three lots The flag lot coming off When mr client bought the property, and you 11 see it as it goes around that %hat it showed was a flag stern corning here off of Fire Point to the piece that we re here before you today on with two lots on Five Point Well we talked about How can we develop thus property`s And we looked at what l showed you before, bring your road in and do fire lots Also I considered putting flipping this putting the flag stern here instead of along here along this side and bnngino it in and then hay ing basicall this current flag lot be the same only rnaller with the flag stem here and than have this lot be the one that came off of Little Lake Drive the cul-de-sac where it exists So, you 11 ha e the impact on Fire Point would be the carne and then you have one lot here But that would impact more people ffavina a driveway come aeon here or a driv way come along here versus lust hay frig this situation hich only has impact on these folks That s the wa we chose to go The folks can here support the application we think it s the most appropriate way to develop lots that are lamer then x hat's around it Unfortunately, because of the tirne these houses were built, back when 1 was In high school whuch unfortunately which was quite a number of years ago and they are nice hones 1n wonderful neighborhoods But today the consumers and especially in this area and this market, the houses are a little big larger But again w re not even close to any setbacks here We re putting the houses In the riddle of the lot We have agreed to preserve o a tree preservation plan and preserve as many of the trees m possible aDd will do that The folks from the historical preservation entity have a lot of ion and certainly we respect that passion It s certain)) heartfelt statements they make but at the same time some of it is rather over the top rhetorical in terms of the insults of greed and that nature This house is 1n a bad way Bottorn line it is not historical The house is (oing to b demolished unless someone wants to take it The question simply at that point is, given the size of this piece of property given the development in the area the hest wary to develop the property, we cleaft think it s the way It the most sem m ve that s why we ire gone to great ten th to make it that way And we believe that the case is clear in terms of their being a hardship eve ve tried not to build a road into it which would just have a greater impact on ever body else f just don't see that as being a good neighbor we re tr ring to be a good nexarhhor and develop the propertywithin a reasonable manner loot trying to maximize but just try to do it in a way that s least disruptive of everybody around that s been there for 2.0 plus year Ronald Kepley I think Bob Diller has a question Robert Mil Ier Eddie hen did your client buy this property the first two lots and this one I presume all of therm Eddie Bourdon Mrs o terhouse bought all of it, the three parcels that you see there in September 20 Robert Miller This last September`s Eddie Bourdon I believe that s correct Robert Miller One of the things that I ve noticed is the fact that the plat actually was recorded in 1985 so those first two lots had been in a isten .e for 1 - 18 years Eddie Bourdon we drdn t come in All this happening here, the two lots on Five Point e made therm a little bit wider rather than bring a driveway in what we looped at if you put a driveway here I think that is where the driveway may have been I m not certain, e felt like we could move the drivewa ' here Still tie Iot r., are all conforming you just flip them And then have a lot that came down off of here and a driveway off` of here And that was one thing we looked at doing but use felt having this is the road that has the most travel This cul-de-sac the notion that a cut -de -sac can t handle traffic 1 don t know I have a hard time what that concept So what we felt NN as the least disruptive would he to elinunate the flag stem here and have it he here off of the cul-de- sac which is what you generally do see and the gentleman s comment about there are lots of flag lots in this area and they are generally speaking waterfront areas is an absolutely correct statement And this is a unique situation like a waterfront situation It is a situation when you got a large parcel that s been developed around and because of the fact that the owner ix anted to maintain the existing very old structure It is a unique piece, of property that e find our seIf faced w ith and we re trying to address again in a zrrular sensitive gray to the community Obviously there are people who waited to preserve and that isn t going to happen Ronald Ripley Yes Dot wood has a question Dorothy wood It probably could be preserved if they would like to purchase it Could it n t9 Is he wilhng9 What's what I want to know Eddie Bourdon No absolutely GiN ing it Dorothy wood I don t mean giving but t think some ofthe people said they would like to purchase the property Eddie Bourdon I m sure that s it but economically Dorothy wood If the} warted too Eddie Bourdon It certainly could be purchased now as it could have been purchased previously Dorothy wood They didn't Icnow about it before Thank you Ronald Ripley Any other questions of Mr Bourdon` Somebody wish to sponsor Ills Castleberry a airi.9 Is it new information? Amy Castleherry Yes it is Ronald Ripley AM& I'll sponsor ,4,mCastleberry I'll make it very brief It came to my attention fast week I received lots of support from the public I mean as far away as Fachmond And someone did call me last week and told me actually I met them in person and they chd tell that she and her husband had bid on the property but with the idea of restoring the house And actually creating a space for osterhouse to live in and were out bid by Commonwealth Custom Domes And the second point I feel needs to be addressed and you may or may to know, the APVA in Richmond is completely in support of sparing the entire property It does not want to see the house moved our worse case scenario is saving the house And, Y have ten r 111on people who are waiting in the wings to see if they can have It But, the point that we need to understand is that the property itself is was what is historically aluable It was an Indian bunal ground, an Indian settlement We have even squabbled with the Bureau of Indian Affairs and they ire conununlcated that this is like sacred around with them but it just not a piece of land with no st%nificance, so any questions? Donald Horslev I have a question Does your group have any funds to help purchase this property Amy Castleberry we will get the funds f ire had people offer money and if e could buv it back we d love to do that We would pay him what he ever paid Mrs osterhouse and we have people willincr to donate their services to restore the house Donald Horsley All I can say is that you need to talk to Mr Bourdon to see if he can work that out Amy Castleberry we'd love to Ronald Ripley okay Thank you very much Mr Miller you dot question`) Robert Miller Yeah I -%Fe dot a question for staff Several people have made the point about this heir y a historical house and the information we ve seen why isn t this on some kind of registryregistry9 Is there some way Bc)b9 I m familiar with some the houses in our itv that are on the recyistry and It seems like that s a formal process and it s been taken in c,reat care It sounds like here s a lot f passion but this is not on there Robert Scott well we do have historical cultural districts zoning districts which would to some extent come into play here where it s zoned historical culture But the City Council has always taken a position that was to be done only with the concurrence of the property owners and evidently that concurrence warn t there There are some other properties in the City that are equally old or maybe older In fact you dealt with one recently over in Kempsville Neither was that zoned historical culture but we were able to cork out something with the development of the property Lu krly in that case it was a bigger piece of property so there was more flexibility And, certainlywe re interested in undertaking those where it's practical and feasible to do o and hav done it with your help But in this case number one I think the house in itself is In sicynificant and had shape and that may have somethiner to do with it But, the answer to your question is that idea did not evidently have a concurrence with the property owners Robert Hiller So, we actually have a group that goes out and le in older approachespeople houses like this at some point in time they did Robert Scott Several gears ago in the early 1970s we created that we came forth with a list of and I want to say about two -dozen properties of this nature And about half of them ended up getting zoned historical cultural with the concurrence of the ro ert P P ' owners and the other half that was not the case Some of there had been preserved anyway I couldn t tell you from memory whether this was one of them or not I think it was but yes the City went forth back in the early 1970s and approached d Variety of r o err p p owners to get theminvolved further Robert Miller Thank you Donald Horsley Ron if I might add to than I think at some y point the it went out and � tool a listing of all old homes in the city and listed therm, but what it amounted too The listed therm as being old homes I have had some dealings with some of therm where people say old homes need to be restored, and whatever, but more often than not these older homes become liabilities to the property owners because their can tJ u of the m.oneN to restore these homes So therefore you get into ar predicament like what we re in now and I know different people have explored avenues but gust nearer had anything financially to help these people try and restore these homes Nobody s ever said we need we'll help tell on how to do it but nobody tells you hok to Get the funds to do these thinas I know this has happened in the past several times It s a Name because I think there s a lot of heritage that meets lost like that but where the funds are not there for people to do it and they become liabilities so the bulldozer hits them or 1i ghtening strikes them or whatever- Ronald Ripley 'yeah And, I think staf# tried to recognize that with the condition on the landscaping The building I guess was deemed sornethin that was beyond and I don't know if it was beyond repair I can t say that but it was in had condition Well who wants to open this up? Dorothy wood I was delighted to hear that Mr Bourdon say that his. client's would work with the people if their do come up with the money And, they have , weeks before they go to City Council for the final decision And I m sure that you can talk to them and Mr Bourdon if they come up with the money I'm sure you 11 be very happy t work with them Eddie Bourdon obviously, my client would entertain market value financial offers to purchase the property Dorothy wood Thank you Donald Horsley I have one other questionThere was mention if there was a law that protects hundred } ear -old homes`' I m not familiar with that is there such a thing Bob Robert Scott well we have state law and it s related to the Historical Cultural Zonincr District as I talked to you about But even if the property i zoned that it requires reasonable efforts to be crude to preserve houses that are zoned that war but whose physical condition or other circumstances are not favorable And if you react the laver all the way to end It recognizes the possibility that it may not be possible to save them all even if they are zoned historical culture It requires reasonable efforts to be made but after all reasonable efforts have been made and after all reasonable efforts have been exhausted, it comes a time to unfortunately resort to other courses of action Ronald Ripley And it does take the property owner to agree to that type of overlay f would think unless you happen to he in a district Robert Scott That s been the position of our City Council in establishing that and we do lave approximatel y 15 prope rues ire the C i t 31 that ha ve this N1stoncal Cultural overlay on them In fact we re in one right here as a matter of fact But, individual Douses and I would say in come cases have that zoning on them Ronald Ripley I know where l live is a house next door to me, that falls and it's not as old as this it s pretty old I asked the lady and she just passed away not to long ago I asked her why don t you put this on Historical l emstry She didn t want anybody telling her ghat to do with her property And that was her option And, l fully respected that and that s kind of what you re dealing with here we've closedWe're endinu our discussion now Yes Eugene Crabtree Ron there is a cav publication that lists various historical sites and old homes .And, unfortunately l just got the pale that had the Rose Mall house on it But it was in the section of the publication that said 1 `h Century Historical Sites and Homes and it has a list of its own And from the author there is Francis Eared House over in W if rare and some of those So it is a city publication where they did as Don said few years no they went through and made a listing of this in the os I thin} the Hic,torical Society and all had great deal to do with that and they slid that but there is c1ty publication that lists all ofthese Yes there 1 Ronald Ripley okay Barry' Barry Knight when we went on a tour and saw this house out there I can just envision this old lady elderly lady luring in this house and the roof probably going bad and some of the entities of the house going bad And if she would have had it in the historical caCegor} changes t the roof` she ould hair had to replace it with would have cost her tremendous amount of money because I can tell by looking at this roof it wasn't the 30 vear architect shingles it was your less expensive shingles and it had a ridge cap on top and it h do t been out but maybe the last 10- 12 years The roof probably i s n t that old so l can see this lady saying `my roof leaks If l want to bring it up to historical standards it may cost in the neighborhood h my goodness $ o oo o- o 000 And instead she taut a to 000 roof And that's just one thing that just popped out at e So, when these restoration folks tell you that they can possibility bring this house back to historu'al significance for o 000 I might get a second opinion on that Ronald Ripley Yes Gene Eugene Crabtree Ron one more thing This publication do sn t say anything about the historical value of the mouse It just says that this mouse is also listed an archeological site Ronald Ripley we ve all been quite a group Robert Miller I'll step up I don't want to do this I date this Historic properties I thins that the lady that spoke to this is exactly right and if we re not paying attention to it we certainly maybe in the Comprehensive Plan revs it that item as Bob said probably r since 1970 since we ire visited this I would encourage the people that spoke to do everything you can to find a way to buv that house I think you re right to save something that is well it s irreplaceable is what it comes down too And yet at the same time I think there is a reality, like B ..rr� says this is not an easy thing to do If the house has been maintained its good step through the Historic District for gears and years and gears, it s a lot easier to maintain that then to bnncy it up to even up the most curTent standards in come cases then it is to go ba.kwards and try to deal with something that has been lived in as a residence for the last length of time and been used literally that and certainly they had a nght to use it and way they wart too It does seem a little strange that this subdivision that created those front two lots making this into three lots obviously set up by these folks to be able to exactly ghat they have dome now and that is to sell off the whole parcel but to be able to sell off indiidual parcels was done in 1985 which seems to send a message thai the neighborhood E ervone should be padincr attention to things life that because they owners took a position that we re not going to be left without resources to be able to resolve our financial situation They made a decision in 1985 to create the two lots l ve nearer heard of Mcl an ion before I think I live in one Perhaps many of you live rn one too And those houses that were built they are certaink, and I don t think they re bad houses or lacking ulit Their loop like they re well built houses, so, please move and do what you can do as fast as you can do it But 1 think if this goes to City Counc 1 vv itho t some rdenti `ication as Bob had said that this was hlstoncal property It does bother me in a way that this is an Indian burial round and counselor I'm sure you re going to check to find out because I remember some place in a subdivision that I did one time with some people from Richmond with some spoons and it tools a long time to get through all that dirt 111 make a motion that approve the request for variance Donald Horsley Second it Ronaid Ripley We have a motion to approve by Bob Miller and a second by ]ion Horsley to approve the application with the two conditions, three conditions Any other ii (.ussion Let's call for the question AYE 9 NAY I CRABTREE NAY I1 AYE H RSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE S LLE' AYE STRANGE AYE WOOD AYE Ronald Ripley By a vote -1, the motion carries ABSO ABSENT ry)mor) WLn,14 h To Virgima Beach City Planning Commission and City Council Members RE Proposed subdtvision variance for Lots A-1B (35373 sq ft) and Lot A-lA (37459 sy ft) We have reviewed the proposed two (2) Eat subdivision plan prepared for Mr Ralph Pick by Hassell & Falkes P C We have no objection to the creation of these two large 'flag" lots at the terniinus of Little Lake Dave We ask that you support the requested variance for lot frontage which is before you 'Np�Z ame Date Ini Address Date Page 1 of 1 Stephen Whit - Application #1 -21 - yr-2 2 From "Gerry and Donna Reuss" <reussg@cox net To <planadm @vb ov corn Date 1/8/2003 10 01 AM Subject Application 10 -21 0-svr-2002 Dear Planning Commission My name is Gerry Reuss ss and I plan to speak today in opposition of the above referenced application As a homeowner in the area for the past 11 years I am very concerned about the negative impact this proposal will have 1 will speak to the adverse impact the recent development of this parcel has had on our neighborhood The main points being as follows 1 The destruction of a significant portion of local history The bulldozing of magnificent trees and shrubs to make way for homes that in no way blend into the neighborhood The negative impact on the charm character and beauty of the neighborhood Due to the time constraints on speakers ! ) be unable to address two more negative aspects of this application if approved the subdivision will create a flag or reverse frontage let which will have a home literally encircled by other homes This in no way reflects what our neighborhood was designed to look (i a In addition while l am not a lawyer I am unaware of any hardship that prevents the property from being used as it presently exists For these reasons 1 am asking the Planning Commis ton to recommend to City Council that this application be denied Sincerely Gerry Reuss (757)496 7516 2508 onsolvo Drive Virginia Beach VA 23454 fi le 9C \WLN NT�Tenip\GW) 000 10 HTM 1/8/2003 Map S R Protpernes. LLC �Lr �T � � � � I r•--, I 4r � � I C 7 � 7� -- , 2 2 iIII I IR I h�zi. qr7 i y CI j IF ir IT co I Li I Gg:n 1477-I4-2343 ZONING HISTORY 1 Conditional Use Permit (bingo hall) Approved 1-26-99 2 Conditional Use Permit (auto body repair) Approved 3-10-98 3 Rezoning (13-3 Business to I-1 Industrial) Approved 1-23-93 4 Conditional Use Permit (auto sales) Approved 8-8-95 5 Conditional Use Permit (indoor recreation) Approves! 1 -10-95 6 Conditional Use Permit (motor vehicle safes) Approved 2-9-99 CITY OF VIRGINIA BE AGENDA ITEM ITEM S & R Properties, L L C — Modification of a Conditional Use Permit MEETING DATE February 25, 2903 ■ Background An Ordinance upon Application of S & R Properties, L L C for a Modification of a Conditional Use Permit for ar bingo tall which was approved by City Council on January 26 1999 Property is located on the south side of Cleveland Street, approximately 250 feet west of Ara ona Boulevard GPI J 1 1 23 3 Said parcel is located at 4933 Cleveland Street and contains 4 81 acres DISTRICT 2 KEMPSVILLB The purpose of this request is to modify the conditions regarding the site plan and rendering for the previously approved bingo halls The applicant now wishes to have only one bingo hail with the other building occulted by a light industrial use The applicant also requests eliminating the shared covered entrance that the previous plans showed connecting the two buildings N Considerations The property is currently developed with one of the two previously approved bingo hall buildings The front quarter of the property is zoned B-2 Community Business District, and the back three-quarters is zoned 1-1 Light Industrial District The Conditional Use Permit permitting a bingo hall was approved by the City Council on January 26, 1999 The Conditional Use Permit has six conditions 1 The project rust be developed in substantial conformance with the submitted site plan entitled "Bingo at Cleveland Street for S & R Properties," sheets 1 and 2, plans dated 11 19 9 2 The project must be developed in substantial conformance with submitted renderings entitled "Bingo at Pembroke Hall," dated 9/4/98 3 The proposed bingo operations must be operated in strict compliance with rules and regulations established by the Commonwealth of Virginia's Charitable Gaming Commission as it pertains to the operation of bingo halls The Bingo Gaines shall be limited to two 2 "Sessions" per day on Tuesday, Thursday, and Friday and no more than three 3 Sessions on s & Page 2 of 3 Monday The first Monday session must be a Midnight session beginning at 12 01 a m The playing of Bingo during the "Daytime Session" shall net commence prior to 10 00 a rn nor later than 3 30 p ran The playing of Bingo during the "Evening session„ shall not commence prior to 6 00 p m On any day when Bingo sessions are scheduled in one Hall, the other Hail shall NOT be open to the public The Assembly Halls shall not be utilized at To most firearms trade shows or ehibits commonly referred to as Gun Shows b For a flea market community yard sale or similar enterprise The applicant requests modification of conditions 1 2, and The previously approved plan included two equally sized buildings to be used for bingo halls The eastern building has been constructed and operates as a bingo hall The applicant now desires to construct and use the second, western building for a light industrial use The likely tenant is a company called world Off ice Systems, which recycles toner cartridges, services copy machines and computers, and installs network systems Because the second building will no longer be used for a bingo hall, the former condition #5 must be eliminated, as it is no longer applicable Conditions 1 and 2 must be modified so that the applicant can alter the site plan and rendering Each depicted a shared, covered entrance between the two buildings, which the applicant no longer desires staff recommended to the Planning Commission that a covered entrance be provided at the center of each building in lieu of the shared entrance between the buildings Staff: concluded that this architectural relief is greatly needed to continue a quality appearance for the buildings on the site The Planning Commission, however, disagreed and eliminated Staff's language included as part of condition 2 that would have required the covered entrance for each building The proposed I(ght industrial use is permitted in the 1-1 Light Industrial zoning district and is appropriate for the area condition 5 recommended befog also eliminates several of the more nox(ous uses otherwise permitted in the 1-1 Industrial Distinict as potential uses, as tong as the bingo haft continues operating Staff recommends approval There was no opposition to this proposal ■ Recommendations The Planning Commission passed a motion by a recorded vote of -1 to approve this request with the following conditions 1 The project must be developed in substantial conforrnance with the submitted site plan entitled `Revised conditional Use Permit Plan, Bingo at Cleveland Street for S & R Properties 11 sheets 1 and 2, dated 11 12 2 by Landmark Design Group S & Page 3 of 3 2 Foundation landscaping shall be enhanced in front of both buildings 3 The proposed bingo operations must be operated in strict compliance with rules and regulations established by the Commonwealth of Virginia's Charitable Darning Commission as it pertains to the operation of bingo halls The Bingo Games shall be limited to two 2 "Sessions" per day on Tuesday, Thursday, and Friday and no more than three 3 Sessions on Monday The first Monday Session must be a Midnight Session beginning at 12 01 a m The playing of Bingo during the "Daytime Session' shall net commence prior to 10 oo a m nor later than 3 30 p rn The playing of Bingo during the 'Even in g Session}' shall not cornmence prier to 6 00 p rn The following uses shall not be permitted in the west building as long as the conditional use permit is active vocational, technical, industrial and trade schools, truck and tractor rentals, heaver equipment sales and service, commercial ercial parking lot auto service automobile rental, parts and supply stores, airports, heliports and helistops and bingo The Assembly Halls shall net be utilized a To hest firearms trade shovers or exhibits commonly referred to as G u n Shows b For a flea market community yard sale or similar enterprise ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Age cy Planning Department jYV City Manager r Ic S & R PROPERTIES, L.L.C. I # 61 January General Informations APPLICATION NUMBER E07 - 211 -MOD - 2002 REQUEST f1 odtfication of conditions placed on a conditional use permit for a bingo hall on ,January 26, 1999 ADDRESS 4933 Cleveland street Alap - 7S & -Prope es. LLC � - 1 I I!= - _ _J I 1�,I �, L 2 _ _ _ ti ST Lj Ile ��. ;- � y � 10 c5 2! M i —n `2:73 aT PIN 14 1423430000 ELECTION DISTRICT ICT - KEMPSVIL LE SITE SIZE 4 81 acres Giro 1 '-14-2341 Planning Commission Agenda January 8, 2003 s & R PROPERTIES, L L C 1 Page 1 STAFF PLANNER Ashby Moss PURPOSE To modify the conditions regarding the site plan and rendering for the previously approved bingo halts The applicant now wishes to have only one bingo hall, with the other building occupied by a light industrial use The applicant also requests eliminating the shared covered entrance that the previous plans showed connecting the two buildings Major Issue. 0 Continued level of quality of previously approved rendering 0 Compatibility of the proposed right industrial use to the surrounding uses Land Use, Zoning, and Site Characteristics: Existing Land Use and Zon�n� The property is currently developed with one of the two previously approved bingo halt buildings The front quarter of the property is zoned B-2 Community Business District, and the back three- quarters is zoned 1-1 Light Industrial District Su rroundi ng Land Use and Zoning North 0 Office and light industrial uses B-3 Central Business District and 1-1 Licht Industrial District South 0 Norfolk & Southern Railway gray line East 0 Paper distributor B-2 Community Business District 0 Vacant property I-1 Light Industrial District West 0 Automobile repair facility 1-1 Light Industrial Planning commission Agenda January 8, 23 s & R PROPERTIES, L L c Page 2 District Zoning History The subject site received conditional use permit approval for a bingo hall January 2 1999 The property immediately to the west was approved for auto body repair in 1998 and the property across Cleveland street was rezoned from -3 Business to 1-1 Industrial in 1993 Air Installation Compatible Use Zone (AICUZ The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer The property is already connected to City water and sewer Public Safety Police The applicant is encouraged to use "Crime Prevention Through Environmental Design —General Guidelines for Designing Safer Communities" for safety by design concepts and strategies In addition, the applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for came prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site Fire and Adequate No comments Rescue Comprehensive Plan The Comprehensive Plan recommends a variety of employment uses including business parrs, offices, and appropriately located industrial and employment support uses The request is in beeping with the recommendations of the Comprehensive Plan Planning Commission Agenda January , 2003 s& R PROPERTIES, TIES, L L C Page Summary of Proposal Proposal The conditional Use Permit permitting a bingo hall was approved by the city Council on January 26 1999 The Conditional Use Permit has sic conditions 1 The project must be developed in substantial conformance with the submitted site plain entitled "Bingo at Cleveland Street for S & R Properties sheets 1 and 2, plans dated /19/98 The project must be developed in substantial conformance with submitted renderings entitled "Bingo at Pembroke Hall,' dated 9/4/98 The proposed bingo operations must be operated in strict compliance with rules and regulations established by the Commonwealth of Virginia's Charitable Gaming Commission as it pertains to the operation of bingo halls 4 The Bingo Games shall be limited to two 2 "sessions„ per day on Tuesday, Thursday, and Friday and no more than throe 3 Sessions on Monday The first Monday Session must be a Midnight session beginning at 12 01 a m The playing of Bingo during the `Daytime session„ shall not commence prior to 10 00 a m nor later than 3 30 p ran The playing of Bingo during the "Evening Session" shall not commence prior to 6 oo p rn On any day when Bingo sessions are scheduled in one Hall the other Hall shall NOT be open to the public The Assembly Halls shall not be utilized To host firearms trade shows or exhibits commonly referred to as Gun Shows b For a flea market community yard sale or similar enterprise The applicant requests modification of Conditions 1, 2, and The previously approved plan included two equally sized buildings to be used for bingo malls The eastern building was constructed a few gears ago and has been operating as a bingo hall The applicant now desires to construct and use the second building for a light industrial use The likely tenant is a company called World office Systems which recycles toner cartridges services copy machines and computers, and installs network systems Because the second building will no longer be used for a bingo hall: the former condition #5 must be eliminated as it is no longer applicable Conditions 1 and 2 must be modified so that the applicant can alter the site plan and rendering Each depicted shared, covered entrance between the two buildings staff recommends that the shared entrance be removed, but a covered entrance be provided at the center of each building Planning Commission Agenda ,January 8, 20 s & R PROPERTIES, L L c# Page Evaluation of Request The modifications to Conditions 1, 2, and 5 appear to be reasonable and are recommended for approval The proposed light industrial use is permitted in the 1-1 Light Industrial zoning district and is appropriate for the area Condition # 5 below also eliminates several of the more noxious uses otherwise permitted to the 1-1 Industrial District as potential uses as long as the bingo hall continues operating The removal of the shared, covered entrance is acceptable as long as a similar covered entrance is provided at the center of each building This architectural relief is greatly needed to continue a quality appearance for the buildings on the site Therefore, staff recommends approval as conditioned below Conditions Shows text eliminated by the Planning Commission Underline shows text added by the Planning Commission 1 The project must be developed in substantial conformance with the submitted site plan entitled "Revised Conditional Use Permit Plan, Bingo at Cleveland Street for S & R Properties,,, sheets 1 and 2, dated 11122 by Landmark Design Group Foundation landscamna shall be enhanced in front of both buildings � i i � � it ii is�i:•���+Ti�����• i � w fil � i # i # rt : i i E : i i+ i11 �/ i f deIII w - & : w Wail i 1411i ; i+ + /� i + f i JAIi i i i i i i + i Ww i' ii i ai fi i + i + i i i No i O � i+ � i i : : i i+ f i i i< s RI R : i : 3 : W i i i i ii : i i+ * i i i i - i .slimi i i +- IlIff i i, i+ •+ it T 11 � i iW".01MRS+ f f f + i i+ i< : s III WQA i i< -arm a LP VA-1 do-WUN., WN w 3 The proposed bingo operat(ons must be operated to strict complfance with rules and regulations established by the Commonwealth of Virginia s Charitable Darning Commission as it pertains to the operation of bingo halls The Bingo Carnes shall be limited to two 2 "Sessions per day on Tuesday, Thursday, and Friday and no more than three 3 Sessions on Monday The first Monday Session must be a Midnight Session beginning at 12 01 a rn The pla ing of Bingo during the "Daytime Session" shall not commence prior to 1 Planning Commission Agenda January 8, 2003 s & R PROPERTIES, L L c/ ## Page rn nor later than 3 30 p m The playing of Bingo during the "Evening Session" shall not commence prior to 6 oo p The following uses shall not be permitted in the crest building as long as the conditional use permit is active vocational, technical industrial and trade schools, truck and tractor rentals, heavy equipment safes and service, commercial parking lot, auto service, automobile rental parts and supply stores, airports, heliports and helistops and biro 11ti o t 19.E �.fszr ho The Assembly Halls shall not be utilized a To host firearms trade shovers or exhibits commonly referred to as Gun Shows b For a flea market, community yard sale or similar enterprise (VOTE Further conditions maybe required during the administration of applrcab/e City Ordinances The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda ,January 8. 20 s & R PROPERTIES, L L C Page 16 �I • .. Ilk •• 3 f� � II f CL { Z LLJ La Ins:- Planning Commission Agenda January 8, 23 S & R PROPERTIES, L L C / B Ac -rc C"* Page 11 0 Ui I Ui ri Ui z 0 r) z 0 U) D 0 r� its 110-0 CL Planning Commission Agenda January , 2003 S & R PROPERTIES, L L C ! Page i t A Z[ # ; LU Mr CL le #`k 4 —At C.IT, ��Zj a t r! e 9 r � r Lr� Y �- ms%� err +mmmm %oftow r MM AK } r PROPOSED PLAN Planning Commission Agenda tt January 2003 S& R PROPERTIES, L L C 1# 6 Page Flanning Commission Agenda January 8. 2 R PROPERTIES, L L C E pa0p 1r � DISCLOSURE STATEMENT Applicant's Name S ck T Prep r tie: -, LL. L � 3 �:Ir 101 a 11 � � List All Current PROPERTY OWNER DISCLOSURE If tie property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary) If the property owner rs a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATIONlist all members or partners in the organization below (Attach list ff necessarl) 7 -. ar I L fi Z3i� ?t- mb t 13 Check here if the property owner (s NOT a corporation partnership firm or otter unincorporated or an( ation !f the applicant rs not the current owner of the property complete the Applfcant Disclasum section bNow APPLICANT DISCLOSURE If the property owner,owner,s a CORPORATIONlist all officers of the Corporation below ,Attach 11st ifnecessary) If the property owner is a PARTNERSHIP, FIRM r other UNINCORPORATED ORGANIZATION list all members or partners in the organization below (Attach hst if necessary) ❑ Check here it the property owner is NOT a corporation partnership firm or ether L,nincorp rated organization CERTIFICATION I Certify that the information contained hereby is true and accurate _o;o-wrt --q I 7 Signature Print Name Modification f Conditions Application Page 9 of 1 Planning Commission Agenda January , 2003 S & R PROPERTIES, L. L C / # Page 11 w 0 S&R Properties L L Modification Of a Conditional Use Pernut 33 Cleveland Street District l emp vxlle January 8, 2003 REGULAR Donald Ripley av What it for the consent agenda and deferred items Now, e"r going t0 hear the regular agenda and Mr Miller will you please call the first item) Robert Miller The first item is S R Properties L L C Ronald Riplev what item is that Robert Miller Item # Eddie Bourdon Mr Chairman for the record Eddie Bourdon a Virginia Beach attorney representing S&f And the principle S&R Mr Miller i I here I could there s no one signed up to speak on this I don t believe Robert Miller No Eddie Bourdon I think it s pretty clear that the Only issue Out there since staff 1 rec mm nding approval Of this is a rmn r change In that the original application involved two separate buildings Thv ere going each be a Bingo ball they were connected with a cover entrance The Bingo hall that's been in existence in the first building i oomor to remain but the other building will not be used for Bingo And that s the reason for the change There - no need to halve that connecting structure and vie limited the Use because ix e know ghat the user Of the Other building is Roing t0 be The Only issue that Out there is this issue Of them wanting us the staff saying you need t0 tear down the entrance of the existing building and build a different type of entrance and do the same thing On the proposed new building And my client is not wiping t0 d0 that to hear that expense The land uses are compatible It s in the correct zoning The building is the nicest building out there I have pictures Of the building in addition t0 ghat you all have And the existing covered entrance t0 the one building that's there as well as pictures of the surrounding uses i&hich 111 pass around These buildings set back f om Cleveland Street 400 feet They got a very attra tree well landscaped parking lot The visibility Of the building again I would dare any they re attractive or more attractive than the Other buildings that are on Cleveland Street in this area in such you re not even going t0 see 1t for anv standard degree and the idea oftearing it down and bull ina something different n the front is an enactment on us The One thing I d like t0 be able to take credit that this was some artful drafting on my part that e re pr ier%ina the right to have Bingo in the second hall and thus we re going t0 eliminate that connecting structure and ultirnatei v have Bingo in both halls What i not the intent b any stretch f the it agina�tx n and any Itern # S&R Properties L L Page 2 way you want to change the conditions to reflect the Fact that there will not be Bingo played in the second building is perfectly fine with us There wore t be That was not anything that was intended to be preserved The second building will not be used for Bingo, so it s not some elaborate scherne to get rid ofthe connecting covered entrance There people could he dropped off and ultimately have two bingo halls That s not the intent at all so our only objection is to the wordincy of Condition #2 I believe it is The second sentence in condition #2 where however the vhared covered entrance will be taken into rendering shall be replaced with a similar covered entrance at the center of each building The remainder ofthat condition ? is the only part that we have anv objection to The rest of it is all acceptable I don t think it has anything to do ith the compatibility of the land use Ronald Ripley So, you %A ould like to we the last two sentences of condition removed Is that what I m hearing Eddie Bourdon That is correct fir Chairman My client will not agree to that but he certainly has no aversion to any other wording changes that anyone may wish to make that would make it absolutely clear that the second building which will be identical to the first building that you see there and you see 1n the pictures will not he used for Bingo That s what I kind of gathered in the informal was part of the issue I think the second part of the issue, from staff' perspecti-ve, % as the idea that aesthetically we %ere losing somethincy here and I dust rank] fail to see that If it was going to be two Bingo balls t7lthe covered entrance with the turn around and drop off made a lot of sense But, these buildings are attractive buildings in an industrial area that s going to remain an industrial area This area is not going to be anything but industrial and we certainly think they are as, attractive I think more attractive than the other buildings in the area If you look at the newer ores that are attractive but stilt industrial style building they are architecturally and Lei-tainly no better than hat s been wilt here That's the only that we have any concern about is having to tear this entrance off and build a different type of entrance and do the same thinu on the new building we ,lust ant to the second building to be identical to the one that there now Ronald Ripley Any questions of the asp lic nt. e Robert Miller I rn the one that hroucht up the question so I guess you picked up on my question about the entrap ewar And I agree with you I did note in the pictures that it looks likes there is some very rice land capinc right around the entrance that shows up not in this picture but in vour pictures it does Eddie Bourdon Yeah Robert Tiller And, then ott to each side though it doesn t look like it#s quite as good Is there some way to just make that we enhance the landscaping in from of the budding` Item # S&R PropertieNL L Nee 3 Eddie Bourdon I think my client would be far happier enhancing the landscaping then putting a needless structure on the front f each f the hnildin Robert MdIer I'm mast suggesting that would be something that I would prefer and fool ng at the pictures there looks like there is some very nice landscaping ri ht around that entrance I don t know where it is in this picture Did you touchup the pi.turs you gave u s " Eddie Bourdon No sir Those pictures were lust taken Robert Miller Did we touch up our pictures to look worse' Eddie Bourdon I think it s just a shadow I think its there It doesn't show up well Ronald Ripley Might tale it in the afternoon Robert Diller we tape all our pictures at night'? Eddie Bourdon If you get close to it you can see the landscaping Robert hiller I would be 1n favor of makincr a motion at some point if it s appropriate but would change the requirement from the structure of the architecture of those entrances to enhancing the landscaping of the building William Din I have a cornment on the entrance there to, if I may 1 think this whole area is 1n need of impro ernents And, I think doing improvements enments where we can e en i 1t is on the new building and not having to tear clown the first one may be appropriate I think the opportunity to try to improvement some of the aesthetics in this area is needed we take the opportunity to 1mpro% a Iandscapino whereever we can I think we should t allow thi opportunity as they construct a new building to put an entrance that is not matching the other one but may be compatible And also some improvement to the aesthetic of the new building so, I m not in favor of totally eliminating that requirement and try to make some kind of improvement I thinly the staff should have an opportunity to have a say so what this entrance loops like Ronald Ripley Will the entrance to the other building match this buildir " Eddie Bourdon That is correct The only different is that this building, has if you look closely has two sidewalks corning up to the entrance on either side I don t know if you can see 1t on the pictures that I passed around the doors on either side of the entrance The new building will be identical The entrance will be identical There will be just one sidewalk and the door will be in the middle as opposed to the two doors on the side which you current have if you loop closely what s there now the Bingo hall Where are doors that o out on each side with the sidewalk corning up to grass and landscaping in the m-iddle The new building will b identical except the door ill b 1n the middle of the Item # S&R Properties L L C Page 4 enclose entrance and here will be one sidewalk coming up rather than split Other than that the buildings will be carbon copies And obviously you won t have the Bingo sign But there is no willingness to male the building different The buildings as I said previously I think clearly if you check out Euclid ich in the Comprehensive Plan and it is not going to change It's going to be an industrial area These buildings are nicer than I would ugg,est that any other buildings that are out there The landscaping parkincy lot is certainly far better than what you see out there for the most part There s a nice looking building next door that the Hancoks built but I would suggest that it is nothing in our opinion a superior to this That is right out on Cleveland Street and again we are about 400 feet back and we c rtainIy are not attracting from that building or NFIee 1 ersa 1n terms of the aesthetics And like I said my client is not agreeable to having the buildings look different Havinor the second building look different than the first bulldlnlg Donald Ripley Mr Miller has a question I believe Robert Miller I going to cro back to the statement that you just made with the Comprehensive Plan and Euclid we are going to on the record do omethin in the Comprehensive Plan to look at this % hole area because it does bear that attention And don t thinly what you ve done here is less than an improvement Certainly, it s a much improvement as will said I think the idea of trying to do something and getting into all the architecture of how you do entrances and so forth the staff intent and if I understanding it %as actually produce a canopied entrance like %hat was originally proposed And, wham I ve read here says quote entrances again so It would be somehow reduced Is that the same way you saw that that there's a canopied entrance" Eddie Bourdon From ghat I understood what they were atternpanc, to do was recreate We were doing the two Brno halls and basically we bad to have separate buildings t have Bingo everyday So the reality was you were creating a Bingo facility and you 11 have that covered entrance where people would be dropped off and do have the public coaling there So that was the purpose for that It would really look like one building which kind of seared the purpose elven though they were separate buildings That's no longer goincy to be the situation S what staff though is saving is as I read it is build a canopy all the wad out to the parking It s like ? Feet wide and corrun all the may out where we had the side A alk and grass And do the same thing on the other building Now the other building is going to be used by a company we know who the tenants are going t be W provided all that information It not going to be a building where the public is corrung to, you kno" it s not a retail or anything like that It s going to be employees And we dory t need a very expensive structure, covered entrance for the employees to come to work And It s not feasible and to suggest to do It Mere and tear do n "hat s there and its been funetioriirig since the facility open is again, 1sn t somethino that the owner is willing to d and again I don t know want to get into philosophical argument hob it really relates to the laid use issue and the issue of where their compatible or the typical issues It sounds like were trying rrucromanage ghat once ne s building looks and if we were talking about a� building that was in need of Item # S R Properties L L C Page 5 upgrade and repair then I would be more sympathetic to the concern I don t think we re talking about buildrna here that are at all unattracti� e Robert Miller From my point of vier I don t have objection to the existing building that s why I im not having a problem with the second building And I don't know if the architectural feature would achieve harder anything, again I d o back t my statement that for this corridor what I would like to see is improvements And one of the thins that we re going to have to use because we re not Eroing to be able to through there and Carte Blanche replace architecture that is already there whether that s architecture or not So the photographs that Eddie have us 1 don t necessarily think it s architecture but we re not going to be able to oro in and get all these buildings cleaned up today but w can deal a lot with landscaping and I think that s again I d like to put that on the table and Eddie said he would agree with that Donald Ripley Before you make a motion Robert Miller He s the district guy I m going t wait for me Ronald Ripley Oh I m sorry Well before we get into a motion did you have something else to say at this time` Eugene Crabtree I was going t sort of back up what Bob had said A long as the two buildings match and there s appropriate landscaping around it to improve the visual it sit 100 yards or better back ol'f the street as it i s I do not personally see anything that offensive to the entrances Lo the building The only thing that I see is the Bingo hall You sure need more handicapped parking then what you have but I den t knoNx homer to do that Donald Ripley Before we get into making statements, I would like to note if there is any opposition We have nobody signed up okav Fine Charlie Salle Charlie Salle Question Eddie you mentioned I think that there would be no Bingo conducted wbich is I guess the West building Eddie Bourdon Yes That's actually Charlie Salle So in condition number five with the uses that are not permitted could we insert Bingo into that and then take cut the last sentence Eddie Bourdon Yes Ronald Ripley So you re removing the last sentence`s Charlie Salle The last the sentence should the West building ever be used for Binge And there you add Bingo, as a prohibited, it s net permitted Item S&R Properties, L L C Page 6 Eddie Bourdon After taking in and rno ing it atter helistops and add Bingo and take the last sentence out That would make it Charlie Salle I guess there was a eonent when we originally approved it We were trying to set probably an aesthetic standard for Bingo halls but I'm sure that we got there And so I rn not terribly concerned about the entranceway as long as the building site so far off and certainly think that the buildings are in onfon-nit r with the architecture and the development in the surrounding area Ronald Ripley Well I would think unless somebody needs to discuss this some more Can we get a motion on the flog' wilharn Din I think I lxould at least take the opportunity to say that the second building is not up And I think there is an opportunity to provide an improved building there If we can reach a compromise to the entrances here I think some manner when they design the new building again or with the new entrance that it could be modified to something that staff would be more comfortable ivith I m not necessarily salving that they reed to remove and rebuild the existing entrance but I think the opportunity exists for the new building and the staff should have an entrance that they're satisfied with if we can reach that comprorruse But I d like to make a motion that we approve this stern as it states and allow the staff to work that through with that recommendation Dorothy wood Second Ronald Ripley we have a motion on the floor to approve the application as stated and we have a second by Dot wood Mr 1 rliller9 Robert Miller will, Fie got a problem ith that because it says inhere that the shared entrances covered entrance depleted in the rendering shall be replaced with a sinular covered entrance at the center of each building So 1t says that you have to go in and tear down the other building f think theme are some things perhaps that I can agree with that are softer Architecturally I m not as wormed about it as apparently everybody else is but this says you have to tear down the other entrance and I am certainly not in favor o that That is not what you just said a minute ago William Din No,, it s not but 1t s either re -write this condition now or allow them to rewrnte jt between .now and Council with our recommendation for some kind of compromise I think that s my motion that we approve it as is and that staff have an opportunity to try read some kind of compromise on the new building entrance Ronald Ripley W ill would you be in favor of removing the word each in condition two` Mr Miller raises a good point William Din Yes Item # S&R Properties L L Pacre Kay Wilson The last sentence of condition one also mentions the covered entrance Robert Miller This 2.5 feet Kay Wilson If you cro up to the last sentence If you put in shall be added over the primary entrance of the center of the west building I believe they refer to it as the west building Dater on that might a little more clear Ronald R-tpley okay Eddie Bourdon I want to be as clear as I can possibly be My client will not agree t either tear clown the existing entrance and put a cover over it or put a cover over the second entrance will not So I don t want to be obstinate but that is his position He will add landscaping He is going to build this building the same as the other building If you want to deny the request deny the request but playing with the language e s not going to do it He wants to build this building a second time He will do landscaping but this buildinc, that he's proposing just like this building it s not going to be a detriment to the character of that area Ronald Ripley well Mr Bourdon I appreciate that he doesn t want to do that and I can understand that respect that totally but we re ma -king recommendations So if e make a recommendation that s contrary to what your client warts That happens Eddie Bourdon f ,lust want to make sure it s very clear on the record that there isn t goincr to be a compron-u e that involves either constructing a nexk covered entrance here tr or making the other building different in terms of its entrance or think it will look orse then to try He rather that they look the same because again I don t believe that s n unattractive building It certainly isn't by any standard any reasonable standard in that area Donald Ripley Thank � ou very much Mr Miller do you haN e a cornment9 Robert Miller I think I'm gong t offer substitute motion that we approve this but that we remove the last sentence of condition one And condition number two would read that the pro3ect be developed in eonf nna n e to the first building that was built and the actual building itself` and not the rendering And than would be the end of Condition number two And that q mv motion Ronald Ripley So, we have a substitute motion Do I have a second to the substitute`s Got a second Barr} Knight 111 second it Ronald Ripley Barry Knight has seconded the substitute motion so we need to Note on the substitute motion Charhe`7 Item # S&R Properties L L C pac e 8 Charlie Salle Bob in vour motion in the change that I had talked number 5 would that he subsequent to vau add Bingo Robert Miller Absolutely I beg your pardon Charlie I didn t even took at the second page Yes sir Charlie Sale Okay{ Ronald Piney foes the second accept that`s Barry Knight Yeah Ronald Ripley Okay Charlie Salle And the other thing is that we right get some guidance from the staff The project needy to be developed finally in conforrmty with a certain site plan and I dots t know whether that site plan is the one that is on our packet I m not sure that shows the covered entrances so maybe that s the site plan that x e should reference Robert Miller well that's the one I m referencing is the one that was submitted her the applicant that does not shok anv covered entrances Charlie Salle I think if the proper references to that site plan is made in Condition number two, the first sentence and I guess you would strike the balance of that sentence to make it clear Robert Biller oh I see We didn't refer to that one It is referred to in Item #1 I believe Charlie Salle There is no site plan Robert Miller Yeah there is It s the proposed plan Page nine Charlie Salle That shows the plan that would be developed according to this motion is what I sugest we reference Robert Miller That s my understanding unless I don t have a date on this that says when this was a landmark plan but that s the right plan is it not As,hby Moss, The plan that s ref renced in condition number one is the current plan and that works with the way you re revising it Robert biller Page nine Ronald Riplev okay Dot you have a question` Item # S&R Properties L L C Page 9 Dorothy wood Yes Nor Miller r are you putting in the condition about the landscaping I noticed that you did not add that when vou took out the building being updated not be updated Robert Miller well thank you Dot Let s o ahead and enhance landscaping Ronald Ripley Does the second accept that" Robert tiller Second accepts that Kay Wilson Mr Miller for clanfication again on condition two, if e simply eliminated condition two I don t know whether Nis Moss is there anvthing in that 1998 plan we would need to include or could we eliminate condition to`) Robert Miller The only reason I rephrased the first sentence that it would he developed in conformance to the building that was built Kay vilson And 1 think that 1s covered 1n one because the I 122 plan is the plan and has the looking identical Ashby floss It just shows the footprint of the building So I could suggest for condition two lust that the second building be constructed to match the existing building n the property Robert Miller That was exactly ghat I rn about to sav Ronald Ripley I think it's pretty what you said Barry I n t that ghat you heard liim y Barry Knight Exactly what I heard hire say Ronald Ripley Thank you very much okay unless there is other discussion, we need to vote on the substitute motion which will pemut. the other building to be built in accordance with the ay the fiat building is built similar Donald Horsley with enhanced landscaping Ronald Ripley with enhanced landscaping and with rerno al of the last sentence of item #5 referring to the permission to use it for Bingo Charlie Salle Bingo is a not permitted Use Ronald Ripley Yes That s what it does Inserting Bingo is a non -permitted use o you think you think you have that' okay I think we re ready to vote 1 think Item #fib S&R Properties L L Page 10 AYE 9 NAY I ABS 0 ABSENT C A T EE AIE DIN NAY HRSL Y AYE IATSIAS AYE KNIGHT AYE MILLER AYE I LEY AYE SALL " AYE STRANGE AYE 'FOOD AYE Ronald Ripley By a vote o1 -1 the motion carries 1 2 3 4 5 6 7 8 9 lop n cock Rabbit SellLStoraae CD CD I CP -LjFX E; tC;j ti I II i� Gpin 1456-64-2160 ZONING HISTORY Rezoning (R-S3 Residential to C-L1 Commercials Approved 9-12-66 Rezoning (B-2 Business to A-2 Apartment) Withdrawn 10-8-84 Conditional Use Permit (mini -warehouse facility) Approved 9-25-01 Conditional Use Permit {church} Approved 3-10-61 Conditional Use Permit (church expansion) Approved 4-27-93 Conditional Use Permit (church) Approved 8-14-65 Conditional Use Permit (church expansion) Approved 8-22-95 Conditional Use Permit (telecommunications tower) Approved 7-13-83 Rezoning (R-5 Residenba! to B-2 Business) Denied 1 i-$-82 Rezoning (R-5 Residential to 0-1 Office) Approved 3-21-83 Rezoning (B-2 Business to R-40 Residential) Approved 4-23-90 Conditional Use Permit (mini -warehouses) Approved 2-27-78 Conditional Use Permit mini -warehouse expansion) Approved 7-10-78 Subdivision Variance Approved 7-12-77 Subdivision Variance Approved 12-12-78 Subdivision Variance Approved 3-12-79 Subdivision Variance Approved 1-2$-$0 Subdivision Variance Approved $-25-80 Rezoning (R-S3 Residential to C-L1 Commercial) Approved 1 i-8-85 Conditional Use Permit (gas station) Approved 11-8-65 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Jack Rabbit Self-Storage/College Park, L L C — Modification of a Conditional Use Permit MEETING DATE February 25, 2003 ■ Background An Ordinance upon Application of ,hack Rabbit Self -Storage/College Park, L L e for a Modification of a Conditional Use Permit for a mini -warehouse facility approved by City Council on September 2, 2001 Property is located on the north side of Providence Road, approximately 340 feet west of Woodstock Road (GPIN 1 22 0,, at 5950 Providence Road and contains 4 39 acres DISTRICT 2 - KEMPSVILLE The purpose of this request is to modify the conditions regarding site design, architectural design, landscaping, and signa a for the previously approved min, - warehouse facility a considerations The subject property received Conditional Use Permit approval for a mini - warehouse facility September 2, 2001 The property had been rezoned from R- S3 Residential to C-L1 Commercial September 12 1966 A request to rezone the property to -2 multi -family zoning was withdrawn in 1984 The Jack Rabbit mini -warehouse facility across Providence Road from the subject property was approved in 1978 and later expanded that same year That facility has frontage on both Providence Road and Reon Drive The applicant has proposed a new site layout in which the exterior wall of the mini -warehouse buildings will serve as the enclosure required for these facilities The previous proposal enclosed the site with a fence Landscaping on the exterior will consist of a staggered row of wax myrtles The 15 foot buffer around the perimeter will remain as previously shown The applicant has also proposed to eliminate the two-story office/residence approved with the previous application No office is necessary at this location as the applicant has a facility with an office a short distance from the site on Providence Road The brick sides and mansard roof will be continued on the east and west sides of the front portion of the buildings The brick without the mansard roof will be continued along the south side of the building where it jogs back behind the neighboring office to the west The end -caps of the buildings Jack Rabbit Page 2of4 facing Providence Road will be all brick with a mansard roof A tower structure fire feet in width will be included on the interior sides of both end caps to add architectural relief and variation for the buildings Lastly, the only sign for the facility will be mounted on the mansard roof of one of the end -caps The sign will consist of individual, non-intemally illuminated letters The modifications represent a significant change to the overall design of the site, but do not result in a loss of quality in appearance or buffering for neighboring properties Staff recommended approval There was opposition to the request a Recommendations The Planning Commission passed a motion by a recorded Grote of -o with 1 abstention to approve this request with the following conditions 1 The site shall be developed as depicted on the site plan entitled, "Jack Rabbit — college Park — Phase 2" which has been exhibited to city Council and is on file with the Planning Department The plan shall also include the following landscaping a A staggered row of wax myrtles around the perimeter of the property with the exception of the north side adjacent to the stormwater management facility, b Foundation landscaping along the full lengths of both end -caps facing Providence Road, and c Additional landscape beds in the front dnvewary portion of the site 2 There shall be no land disturbance other than landscaping in the Resource Protection Area The buildings shall be constructed as follows a The end caps of the buildings facing Providence Road shall be all brick with a shake mansard roof A fire -foot wide tower structure with a ,mansard or other type roof shall be added to the end -caps adjacent to the primary access to the site b The east and west sides of the front portion of the buildings shall be all brick with a shake mansard roof c The south side of the building shall be all brick 4 Any outdoor lighting fixtures shah not be erected any higher than 14 feet According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini - warehouse premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property Jack Rabbit Page 3 of There shall be no electric or diesel poorer generator or generator fueled by any other source of energy located outside of any building The storage units shall be used only for storage of non -hazardous goods The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods The building sign shall be individual non -internally illuminated letters mounted on the mansard roof There shall be no freestanding sign and no other signae on the site The gate enclosing the site shall be wrought -iron style to barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on any fence enclosing the property There shall be no display, storage, or parking of commercial trucks or trailers in the front parking area between the main entrance gate and Providence Road 10 The applicant shall work with the adjacent property owner to construct a snared entrance aligned with the Freon Drive Providence Road intersection If the shared entrance cannot be negotiated, the entrance to the subject site shall be shifted as far to the east as possible Since the Planning Commission meeting the applicant has been working with the neighboring property owner to the unrest and with City Traffic Engineering staff regarding the shared entrance at Freon Drive required by Condition 10 The applicant notes that discussions have been fruitful and an agreement on a shared entrance is being negotiated The applicant has proposed the following a a substitute for Condition 1 10 The applicant shall construct a shared entrance with the adjacent property aligned with the Reon Drive/Providence Road intersection The applicant shall also construct a left turn lane to serve these two properties and any other improvements to be determined during the site plan regrew process This proposed condition is acceptable to the staff ■ Attachments Staff Review Disclosure statement Planning Commission Minutes Location Map Jack Rabbit Page 4 of Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department�y1 City ManagerTVN-"' f- Q`i� V%, V JACK RABBIT SELF- STORAGE/COLLEGE PARK / # 15 General Information: APPLICATION NUMBER BOB - 212 -MOD - 2002 REQUEST ADDRESS January 8, 2003 Modification of Conditions placed on a Conditional Use Permit for a mini - warehouse facility on September 25 2001 5950 Providence Road Jack Rabbit Sep —So �I - 44 I III IMAM -a� _ _ I° Ch flip ] - i F] C) r p 7n I R - 1 Gpzn 14-)o- 4- 760 Gi N #1 55--2 5-00 B_ 4 I Planning Commission Agenda January 8, 200 JACK RABBIT SELF-STORAGE/COLLEGE PARK # 1 Page 1 ELECTION DISTRICT 2 - KEMPS lLLE SITE SIZE 4 39 acres STAFF PLANNER Ash by Moss PURPOSE To modify the conditions regarding site design, architectural design, landscaping and signage for the previously approved mini -warehouse facility Major Issue: Site and architectural design to provide buffers and enhanced appearance from Providence Road and neighboring properties Land Use, Zoning, and Site Characteristics W ExistinLand Use and Zoning, The front of the property was formerly used for a commercial daycare facility, and the rear of the property was used for a plant nursery Both uses terminated some time ago, but the buildings are stilt present on the site The property is zoned B-2 community Business District Surrounding Land Use and Zoniag North Single-family residential f -1 o Residential District South Off ice warehouse facility B-2 Community Business District Across Providence Road, convenience store commercial daycare mini -warehouse facility (also owned by applicant) mixed retail and office uses Planning Commission Agenda January 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK / # 1 Page 2 -2 Community Business District East 0 Church B-2 Community Business District and R- 10 Residential District West 0 Woodstock Elementary School / R-10 Residential District Zoninghstr The subject property received Conditional Use Permit approval for a mini -warehouse facility September 25, 2001 The property had been rezoned from R-S3 Residential t C-L1 Commercial September 12, 1966 A request to rezone the property to A-2 multi- family zoning was withdrawn in 1984 The Jack Rabbit mini -warehouse facility across Providence Road from the subject property was approved in 1978 and later expanded that same year That facility has frontage on both Providence Road and P eon Drive The church immediately east of the subject site received its original Conditional Use Permit approval in 1961 An expansion was later approved in 1993 Another church on the east side of Woodstock Drive was approved for a Conditional Use Permit in 1961 and later expanded in 1995 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Natural Resource and Phvsical Characteristics The rear property line approximately coincides with a perennial stream that is a tributary of the Chesapeake Bay Consequently, approximately 100 feet of the rear portion of this property contains Resource Protection Area (RPA) as defined by the Chesapeake Bay Preservation Area Ordinance No construction or land disturbance other than additional planting is proposed in the RPA Public Facilities and Services Water and Sewer Water There is an -inch water main in Providence Road that fronts this property This site has an existing water tap that may be utilized Sewer There is a 3 -each main in Providence Road that crosses the front portion of this property There is a 1-inch force main that crosses Providence Road at the southeast corner of this property There is an -inch sanitary severer main in Providence Road that fronts this property This site is already connected to City sewer Planning Commission Agenda January 8, 23 JACK RABBIT SELF-STORAGE/COLLEGE PART # 1 Page 3 J 4r %. Transoortation Master Transportation Plan (MTP) /Capita! Improvement Program (CIP) Providence road in the vicinity of this application is currently a four lane divided major urban arterial The MTP designates this roadway as a 100 foot divided road with a bikeway There is currently no project programmed in the CIP to improve this facility Traffic calculations Street � Present I Present Capacity � Generated Traffic Name Volume 1 Providence , ' Zoned Land �J � T DT Foal DT � � � � o T � Level of Service C E Proposed Land Use _ 159 1 1 ADT 'Average Daily Trips 2 as defined by 4 4 acres of retail 14 as defined by mini warehouse Public Safet Police The applicant is encouraged to contact and work with the Came Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) conceits and strategies as they pertain to this site Fire and Adequate Rescue Comprehensive Plan The Comprehensive Plan recommends retail, service office and other compatible uses within commercial centers serving surrounding neighborhoods and communities The proposed use is in keeping with this recommendation provided adequate screening is maintained to neighboring non-commercial uses The proposed modifications are also Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK 1 Page compatible provided they maintain the level of quality in buffering and appearance as the previously approved plait Summary of Proposal Proposal The Conditional Use Permit permitting mini -warehouses was approved by the City Council on September 25, 2001 The Conditional Use Permit has nine conditions Landscaping shall be installed as depicted on the site plan entitled "Preliminary Site Plan for Mini -Warehouse" dated /1 01, revised 1/01 which has been exhibited to City Council and is on file with the Planning Department However, the following revisions shall be made to the plan prior to site plan submittal • Category IV landscaping on the northern side shall be moved to the northern side of the storrnwater management facility 0 Category IV landscaping shall be added to the eastern and northern sides of the building on the eastern side of the property 0 street frontage and foundation landscaping shell be provided 2 There shall be no lard disturbance ether than landscaping in the Resource Protection Area The buildings shall be constructed as shown on the submitted elevation entitled "Preliminary Road Front Elevation,' dated ,dune 18 2001 by Verebely Associates which has been exhibited to City Council and is on file with the Planning Department Materials small consist of colonial red brick veneer with brown metal mansard roof for the all sides of the office/guard residence and for the south side of the easternmost storage building The remaining sides shall be scored concrete block painted to match the brick color Bay doors and trim on the storage buildings shall be brown 4 Any o utdo o r I ighting f i xtu re s sh al i n of be a rented any h t he r t h an 14 feet According to Section 237 of the City Zoning ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property There shall be no electric or diesel power generator or generator- fueled by any other source of energy located outside of any building Planning Commission Agenda January 8, 2003 JACK RABBIT IT SELF-STORAGE/COLLEGE PAR 1 Page The storage units shall be used only for storage of non -hazardous goods The units shall not be used for office purposes band rehearsals residential dwellings or any other purpose not consistent with the storage of goods The freestanding sign must be a monument style sign, no greater than eight feet in height, with a brick base to match the buildings There shalt be no business identification s)gnage on the walls or roof of the mini -warehouse building The fencing and gate enclosing the site must be wrought -iron style or vinyl clad chain link as shown on the site plan described above No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on any fence enclosing the property There shall be no display, storage, or parking of commercial trucks or tratiers in the front parting area between the ruin entrance gate and Providence Road The applicant requests a modification to conditions 1, 39 7. and The applicant has proposed a new site layout in which the exterior wall of the mini - warehouse buildings will serge as the enclosure required for these facilities Previously, the applicant had enclosed the site with a fence Landscaping on the exterior will consist of a staggered row of wax myrtles The 15 foot buffer around the perimeter will remain as previously shown The applicant has also proposed to eliminate the two-story office/residence approved with the previous application No office is necessary at this location as the applicant has a facility with an office a short distance from the site on Providence Road The b rick sides and mansard roof will be continued on the east and west sides of the front portion of the buildings The brick without the mansard roof will be continued along the south side of the building where it jogs back behind the neighboring office to the west The end -caps of the buildings facing Providence Road will be all brick with a mansard roof A tower structure five feet in width will be included on the interior sides of both end caps to add architectural relief and variation for the buildings Foundation landscaping will be provided along the full lengths of each end cap and landscape beds will be added to the front portion of the facility The landscape beef previously required north o the storrnwater management facility will no longer be required Lastly, the only sign for the facility will be mounted on the mansard roof of one of the end -caps The sign will consist of individual non -internally illuminated letters Planning Commission Agenda January 8. 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARK 1 # 1 Page Evaluation of Request The modifications to conditions 1 31 7, and 8 appear to be reasonable and are recommended for approval The modifications represent a significant charge to the overall design of the site, but do not result in a loss of quafity in appearance or buffering for neighboring properties Staff recommends approval as conditioned below Conditions 1 The site shall be developed as depicted on the site plan entitled "Jack Rabbit — College Park — Phase 2" which has been exhibited to City Council and is on file with the Planning Department The plan shall also include the following landscaping a A staggered row of wax myrtles around the perimeter of the property with the exception of the north side adjacent to the storrnwater management facility b Foundation landscaping along the full lengths of both end -caps facing Providence Road, and Additional landscape beds in the front driveway portion of the site 2 There shall be no land disturbance other than landscaping in the Resource Protection Area The buildings shall be constructed as follows a The end caps of the buildings facing Providence Road shall be all brick with a shake mansard roof A five-foot vide tower structure with mansard or other type roof shall be added to the end -caps adjacent to the primary access to the site b The east and west sides of the front portion of the buildings shall be all brick with a shale mansard roof The south side of the building shall be all brig Any outdoor lighting fixtures shall not be erected any higher than 14 feet According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises., said lighting and glare shall be deflected, shaded and focused away from all adjoining property Planning Commission Agenda January 8, 2003 JACK{ RABBIT SELF-STORAGE/COLLEGE PARK 1 Page There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building The storage units shall be used only for storage of non -hazardous goods The units shall not be used for off ice purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods The building sign shall be individual non -internally illuminated letters mounted on the mansard roof There shall be no freestanding sign and no other signage on the site 8 The gate enclosing the site shall be wrought -iron style No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on any fence enclosing the property There shall be no display, storage, or parking of commercial trucks or trailers in the front parking area between the main entrance gate and Providence Road 10 The applicant seall work with the adjacent property owner to construct a shared entrance aligned with the Reon Drive/Providence Road intersection If the shared entrance cannot be negotiated, the entrance to the subject site shall be shifted as far to the east as possible NOTE Further conditions maybe required during the administration of applicable City Ordinances The site plan submitted with this Conditional Use Permit may require revision during detailed site plan review to meet all applicable City Codes Conditional Use Permits must be activated wrfir►n 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda January 8, 23 JACK RABBIT SELF-STORAGEJCOLLEGE PARK I # 1 Page wj IV 11 1111 4.7. PLAN IN.- E Planning Cc>mmission Agenda January 8, 2003 . JACK RABBIT SELF-STORAGEMOLLEGE PARK I # 15 Page 9 A R n , HortTH 1'A PROPOSED PLAN - - "N �ti J<. - Planning Commission Agenda January� , JACK RABBIT SELF-STORAGE/COLLEGE PARK I # 15 ., Page 1 a 4U r PLAN APPROVED IN 2001 Planning Commission Agenda January 8, 2003 JACK RABBIT SELF-STORAGE/COLLEGE PARS 1 Page 11 .-7,L Id ke fiO-Lt. _ i= i V +. fig+re } M1 a F opt go .. } " •ram .. 4 3r¢ L w- - st c 0 Y Ot 4 ec ep di Ma h `�db- � v� rt .�i� ' ,�,,, �. �► . � n ram. +� .� �. �.. or Al 6&A U kr ` • +h� 1 } w. IF y { ors � �• y '� ',;�'� It +� of dIL , A'aA df Moo Planning ommission Agenoa ; 1 January 8, 2003 IBC RABBIT SELF-STORAGE/COLLEGE PARK 1 # 1 �-� Pare 1 Jack Rabbit Modification of a Conditional Use Permit 5950 Providence Road District 21 empsville January 8 2003 REGULAR Ronald Riplev Yes sir? Robert Pawl Good afternoon Sir ind Council On behalf of the Woodstock Civic Lea ue and also personal concerns I wish a deferral for the Jack Rabbit Self Storage, which was item # 1 Ronald Ripley You re not the applicant though`' ou ould just Iike to defer it' Robert Pawl well I m upcoming president, which I need to be installed in the next couple of weeks and a lot issues here that are concerned One is improper advertisement as tar as the way it was subrrutted It says College Park It says the wrong wording We re in the Kemp ville District not Centerville So there are a couple of things I need to know Plus I also need to talk to Mr D ie el ix ho i s the Counc ilper on, which w were without for quite a while Ronald Ripley You re not the applicant and what you re doing i you're objecting to the matter going forward I would assume o we probably need to hear the matter Okay? So, what I m askinorfor Robert Paw 1 On today's agenda I Ronald Ripley Yes So we 11 hear this matter we 11 drop It down on to the regular agenda Robert Pave 1 Okay Thank you LATER Robert Miller Item #15 Jack Rabbit R J Nutter Thank you very much Mr Chairman Mr Secretary For the record my name is R J Futter I m an attorney representing Jack Rabbit Self -Storage I realize this application was on vour Consent agenda And I also realize that there was a condition added which we 11 tall about briefly But it was pulled from Consent agenda because there is apposition So I d like to make a very brief presentation about this and then respond to the issues raised by the person in opposition to this Because they may not recognize or realize that this i an application that really i not injectincr this use for the first time on this ro erty but is modifying conditions for this same exact use on this property � � rhls ro ert It was pre). iously granted by City Council over a year ago Iut to reiterate p P ' is 4 3-acre site It is currently zoned B-2 It has B-2 on the too sides ofthe property and across the street And quite frankly what they re trying to do is have a minimal use on this property and why Council approved it as you know r uni-storage generates very little traffic It is very quiet And run by the proper people they are verb neat clean and orderly operations The prior applicant who preceded prior to us com-incr before you today was reafly not in the mini-storacre business e was the owner oftproperty pr p rt had never operated a mini -storage facility And so many of the things that he vas � are not really 1n ro o lnO to do, experienced operators such as .lack Rabbit reeo�ni ed y l p the best interest of the operations of this facility and thusly wanted to come forward with proposed chancres The changes we propose really grew out of a meeting with my client after he had reviewed the approved site plan from the other application He sr a series of chancresthat h pro posed to make and we MeL with staff and they said look, all these chancres are bast a11N improvements to ghat we approved previously However beeaUse these changes and there are so manv of therm 3 4 5 or 6 of there we think it best that you file to chancre So that is what led us to coning before you e the conditions to the application previously and show us the near alternate conditions `� � Coda Now, 1.' y �r like to highlight some of the improvements for you and maybe that would help the Oentlean because otherwise we are not occupying an greater portion of the property �. for this use than the previous owner In fact, we're occupying a little less t property than the previous oner If I could highlight a few of the changes it s upside down, but what we 11 do Stephen white It matches the old one J Futter There we c7o 1t s the right site plan it s, just upside down Stephen white There s the old one R J Nutter There s the old one Stephen white There s the new one R J Nutter There's the new one The new one %kill be fine what 1 11 do 1s9 This i Providence Road r1aht here And we have actually the previous application had 0 because it was its o n free standing facility had a two stor office building located approximately imatel right here and sat off the right-of-way by feet We elirmn t � that b uildlncr entirely which does t%,�o things Number one we've increased our setback from from the rraht-of-wa to 100 of right-of-way at the narro crest point which 1 s right here And we ve eliminated any two-story structures on the property whatsoever These are now all one-story structures There are no two-story structures at all The other thing we ve done 1n the front ofthe property is and it atsn t clear on their prior application but w n their site Zan as roved their had durnpsters located believe it or not right here he p Pp forward of their buildings They were landscaped but them were still dumpsters in front C, of it as opposed to inside the scope of the project we eliminated that entirely They re now located completely inside our closed wall area Their re outside the right-of-way visibility triangle completely So we improved this by increasing the setback elfin nating the two story structures we ve also increased the landscaping We re putting additional landscaping across both the front ofthese structures as well as on both sides here And in addition to that we also fully enclosed the facility now by all ails The prior applicant had the wall structures running down on this side this side and this side and he had them here we ve added the wall structure full enclosing here So when you look from any side of the property the only point you can inside this property whatsoe% er is this point right here Again that s 100 feet back from the right -of- k ay So by it being fully enclosed it has a lot of benefit It enables it to beep it clean It reduces the line of sight from adjacent property o ners in the property So it doer, a lot of improvements All of the principle features in terms of the brick facets In fact we ve added addition brick to this feature then it was in the previous application as %ell And finally I would like to point out on the signage The prior applicant had a freestanding sign 7 foot off the ricrht of - ay located at that location we re eliminating the freestanding sign altoorether and going with a building mounted sign that is non- illurrnnared on the side of the building So I think you 11 find if you loom at it in terms of ghat Council approved pre iousl r there is significant major improvements in this application that was previously approved We feel that it is a much better application And we k-now that it is a more efficient operation for operational purposes inside this particular business So we re very happy with it And 111 be happy to respond to some f the questions I 11 address the issue on the last change of condition number ten in just a few minutes after he speaks if that s alright unless you'd like rile to address it now Ronald Ripley It's appropriate to address it now Do you have a problem with that item number ten being added` It seemed pretty flexible R J Nutter And I appreciate it I did not represent the prior applicant So, I don t knovo , by it was exactly put on and why it was taken off by Council but I have been led to believe bar staff that thev had looped at It between Council and Planninar Commission, the previous application and found that the streets really don t line up to allow that connection to occur Now I can t confirm at this junction although I do know that my client to believe that the road doesn t quite line up But I can tell you that what we ve done and have no objection to it all is we moved our entranceway This is the limit of our property right here we ire moved our entrance w ays as far down there as we can and kept up the landscaping Ronald Ripley That 1s what this sags I think lsn t It R J Futter If this complies, we re fine with that then Ronald Ripley Okay J butter Yes sir Ronald Ripley Any questions of Mr butter? Okay R J Nutter- Thank youvery much N4r Riplev Ronald Ripley Thank you fro we have anybody else who wishes to speak in favors Is there anybody who wishes to speA in opposed' Do you have anybody" Robert Miller Yeah N4r Robert Ronald Ripley okay Robert Bawls Good afternoon My name again is Robert Pawls F m a resident o Woodstock and President of the ci-vic league And also represented by the environmental conmttee that represents the lake that is behind It is not shown on this map over but there is a lake hack here that we had significant drainage iron this property that will go back behind here The school that wcts recently down over here which is not complete for the drainage there s a lot of wetlands There s wetlands that this property encroaches right back in here There's also a parkino lot that is down here since the last planned ii as approved that is attached to the drainage that goes down this lake There are several ens ironmental issues that I m working with Clay Bernick which is part of the Planning Department The actual request that was brought up right now which at the top of the page says College Park we re not in the College Park area we re in the Woodstock leampsville area It alto sags on Page, two that were in the Centerville District which we Ne been playing a shell game with our area between Centerville and f emv ille It s always been Kemps ille Sometime in the past three years it s been between M ndigo and Margaret Sure as faris who was our Councilperson Then Mandlgo was and then he had to leave And we got another person that just carve into office recently in the past couple of weeks I have not been able to meet with the gentleman to discuss our situation here The whore scope of this concept is drainage that comes from the interstate that is nght there we have flooding problems It little things ail around this area But even more to we got a project that they errant to continue over here I ve not had time to discuss with the civic league which our meeting 1s coming up and I cordially invite attorney and new ownerships and people like that to come out and ma rbe propose ghat the N w tint to do because a lot of people are just going to be phoning rune and saying gee Bob what going on they re tearincr everything up ' I know there were some environmental issues that came up with the school over here They said they would take care of It From my obser% ation I �e seen some -% iolations Once a bulldozer backs over something it s too late to do an thin g about it I know the plans that there corning up with here and I m jumping around There's just so many things here that we need to address and fill in what they call this a BMP or a pond behind the unit there i expected to be put in there I can't react on the int rnet the property markers lire you know when I try to blow it up it s fuzzy like your stuff here i can t read it The City s requesting that they put it in but besides the school that Nx as put up another cell tower was put up or changed over from like a radio tower to a cell tower we re netting our lake filled in which Wac, originally like 65 feet deep possibly vears ago Now, you can walk through it reading a nevi spaper and not aettincr the new spaper wet with the title So it seeping in there We re still working on it with the environmental people as far as, getting some BMP and some drainage addressed behind the school already we re heading another drainage situation over here You might have those ponds but I haven t seen any drainage plans as far as inside f here r behind here Where is that oir� to drain to" The lake is a circle say behind this area here but the whole corner is just filling in from City property and other properties that have done construction 1lust couldn't see and I can t understand whey even the school was built without addressing those BMP problernN and things like that But I l-nw the ownership here is requesting I rn sure that you're requesting that these new owriers that behind the new facility it 1 j ust need to address this and I'm requestlne, for a deferral with the several conditions here including advertising and just being able to address this to the civic league Then again I cordially invite there to have a meeting near the end of the month the civic league meeting right near the property and they can discuss that with the landowners in the neighborhood And these are people from the neighborhood We re very concerned about that lake Fight now it s between three cities and attorneys and inhere the money is cromor to come from what else are we talincr here`? Rain water run off funds that have never been addressed for that area but we re getting a lot of encroachment on these properties He sags he s not going to have the modification Basically the original plans have been complete for change I re llv don t have objection to h t' s going on 13 u t want to make sure that all the little matters are addressed especially environmental Some area of proposal on item have category four landscaping shall be moved to the lawn I rn not sure ghat area specifically when they say crape myrtle I m riot sure what size we re looking at On item two there should be no land disturbance other than landscaping in the 1PA I m lost on this I need to be speaking with somebodv Councilperson May be their attome 9 May be the new owner`s Somebody Ronald Ripley This property is already zoned It already has Use Permit for a mini storage They could build it today They don't need to ask anybody anything What their re asking to do is make a revision to that to build essentially the same footprint May be a little smaller And some of the issues }you're brincring up such as BMPs which are the drain offs and size of trees and other things that are going to Cyo in there are going to be handled on site plan approval and Mr Scott s department will review that and e erthing will fit AN far as those BMPs are concerned correct me if I'm wrong the drainage from that site post development should not exceed pre development Is that essentially the design criteria for the BMP9 So the idea is to control the runoff into the lake which w e re concerned about it I know the City s concerned about it and the applicant has to pay attention to that bey virtue of meetinor those requirements So all those things will be addressed at the site plan approval But what this applicant is asking to is just to revise the plan And it loops like he has made considerable upgrades to it and I would think the community should be I would think they would be pleased if the facility they are getting if this was to be approved is better than the facility that as approved That s why we re a little confused Robert Pawls I rn not saying that we disapprove of it totally we ,lust need a little bit more time to understand exactly You just brought up something The itv is very concerned about environmental issues You said that it s a prerequisite to hale those BMPs in, yet there s nothing behind the school which at one time The original Woodstock Elementary School had no drainage It just seeped into the land It had no drainage off the building It seeped into the land The parking lot was a lot smaller low everything goes Drainage from that school and the school goes into the ray ine N o BMP You just said a second ago and contradicted I believe that you said that we need to have this prerequisite Now l don't under Land what happened to the City thing Donald Ripley well I can t speak to what the school Robert Pawls Correct Ronald Ripley That matter didn't cone before this Comnussion because they had the property They owned the property and they build an addition to the property In thus instance we have an applicant that is asking for a revision to a Conditional Lice Pert That s why we re hearing 1t Robert Pawls May I also bang ups Ronald Ripley Mr Miller has a question Robert Pawls okay Robert Miller what I was going to say is that it sounds like it 11 be really helpful to you You got time between now and City Council whatever actions we take, as recommendation and then it goes to City Council And them %ill be a period of time I rn sure that 1r Futter and his client will be happy to get with your civic league I also think that you might want to get with the staff representative who is, Ashby Moss and just talk about some of these things and she can lead you to the people that would be able to ei v you some better answers The School Board issue that you r bn n c in o u You r LOP going to have to go ictually to Tonv Arnold and somebody at the School Board Robert Pawls That s being built right now and It is still In the works Robert Miller But it really doesn t affect this decision 1n the sense that I think this decision will go through the process that Ron 3 u s t e pl ned to you that w i11 take cage o f e erything that you mentioned as a concern All those details But we dory t deal at this level and at City Council with all of those detai1c, we are assured by the staff and this is one of the conditions of the approval that all of those things are going to be taken into account You do have some time to get w ith Mr Diezel before City Council If you get with Mr Mutter again f m sure he'll be happv to give you his card and you all can get thits settled Robert Pawls what is the time format you re speaking of sir` Robert Miller Say again` Robert Pawls When is the City Council meeting' Robert Miller we don t actually know the exact schedule but it s usually 30 days from this time so there will be time, sounds like to get ar lot of these detailo, worked out instead f sitting here and tryincy to us to try and explain all of it to you Thestaff is an excellent tD staff and I inn cure Ashby will be happy to help with sonie of these details and who you can talk to within the staff that would be able to help you with some answers Ronald Ripley And that ikhole approval process will happen within that department so you re not going here and there Robert Pawls And you brought up the itv Council w had no representation for quite while but it's still an answer for whom I need to speak with Donald Ripley Thank you very much Any other questxonO Thank you ier� much William Din Just one other comment You brought up the fact this is the Kempsville area and not the Centerville area This is actually a Planning District Planning Iistncts are different from the actual area that it is called The area is still called IKempsville but it s in the Centers ille Planning Distract and that is why it s listed under Centerville Robert Paw 1s I guess and I spore with Ashby floss yesterday and she said that I was correct and it Nxas I empsville So again it s a conflict of what s happening here Ashby Noss Actually it did change Yt as previously in the Centerville District and it changed to the l emps ille District since this application came through Robert Pawls I don t believe this is considered College Park area either Ashby gloss I don t knoix what reference to College Park Robert Pawls It says nht here on top of the page Stephen white The top of page the reference to College Park r#ers to the corporation name It doesn t refer to the geographic area Ronald Ripley okay Good Alright o e have any other speaker signed up` Thank you very much for coining down We appreciate it Mr Futter would you wish to readdress us J Nutter I think w e re fine If I could address item # 10 for one second" Ronald Ripley Sure Does everybody hN e the revised number 101 J Futter Ashby was very kind and passed this out to us as xkell It the geographic area on the current application, cLs presented does in fact comply with that condition M concern is that it requires that ue consult with the adjacent property owner and try to come with some shared deal with him and from what I am led to belies e he has been reluctant to want to do that So I m trylno to avoid the delay of doing that But we can take our interest down to the furthest point closest to Reon Drive on our site plan Ronald Ripley well staff is askingyou to attempt to do that and it's saying that if shared interest can t be negotiated that the entrance to the subject site shall be shifted a tar east as possible Could you show good faith and try that once more9 J Futter we don t mind Ronald Ripley You re pretty good at that R J Futter You re awfull� kind We re happy to talk to him but I think we ire been led to believe that s not a door they want to go down Robert Miller Isn t the entrance supposed to be shifted to the west" R J Futter It would actually be shifted let s see where it actually would be toward to west Eugene Crabtree To the est Ronald Ripley Cool catch Mr Miller Yes Joe` Joe Strange If It was shifted to the west there and it didn t line up and cars tried to go across there wouldn t they be doing something illegal? R J Futter What's a very good possibility of that The other concern that we have is practically hen trucks come into the site from and Steve if I could ask you for the site plan one more time Again it s a lithe unusual But let s assume right this is right side up and trucks were cormna in from this direction trying to Tum in this direction into the site Our concern would be is if there was some shared because Reon Drive is actually about down to here, so that s feet further in to this property It s a little deceiving on the pans that we have I rn led to believe So if the ahanment was down here trucks entering our site would have to come in like this come back around and come back into the site like that And that s the concern we have The distance between our property line and where the neon Line would even align is greater than we think And it does raise exaet]v Mr Strange the very question you were concerned about as well hi h 1 S if unless you the prior application had it in the middle oftheir site We tried to move it as far down as we could to alIo-%k truck movement to turn like into the site ithout interrupting any other ears or other vehicles But I guess what I rn trying to say is that our prcl rcnce would be that you all allow this ahcrnment to occur if this is your recommendation and we 11 accept that recommendation and go forward and try to work with it Ronald R2pley I think Mr Miller has a question Robert Diller Yeah I m rethinking nay east pest thing because maybe ghat we really want you to do is moire it further to the east so there's no possibility of you alicynin w it on Drive which would cause your people to have to exit and then need to try and make a left turn and it s not a great situation but that probably is so I as wrong I was w rong R J Futter That s what I'm thinking It s probably for a site plan issue We have no problem working with staff` o there s no crowding ,problem But in point of fact our only concern is that the trucks be able to maneuver safely in to that direction That s our sole concern Ronald Ripley So you want to leave this as written`) Robert Miller I thinly it actually it does make more sense and Kay trying to help the engineer out here I need a lot of help Donald Ripley will` R J Nutter Otherwise on the BMP issues, we do have t" o BMPs on this site from the environmental perspective and I hope the gentleman didn t solace in that because in fact t oo were required in this case because it s a larcre site from a storm water perspective, so ZD to meet the treatment criteria we had to have two instead ofone Donald Ripley okay will Din has a question William Din R J can you explain ghat that extension is that goes all the way do n to Providence Road on each side`? Is that a curb or is that landscaping' R J Futter I m sorry William Dire Is that a all of some sort' J Futter Are we taling up here`' William Din Yes That s on both sides) J Futter That is landscaping right along here The two fronts of the building re here and here and then we have a landscaping bed along this side And landscaping can be along this side William Din It goes all the y doom to Providence Road right along the curb light' J Futter Yes well Providence actually runs like this W i I I i am lain There's a sidewalk in that area Does it cro past the s id alk`? It doen t block or impede the traffic ormng 1n does it as far as the access goes` R J Nutter No we had simply told staffthat we would like to have landscaping on both sides to coincide to make it look better than the entrance in the previou application The previous applicant had parking spaces in there with no landscaping wllharn Din Well, I guess if the entrance i� moved a far east s it could go, if that landscaping could be cut back it would make that entrance easier to get into there rather than trying to rnae therm go around the landscaping R J Nutter That s very important William Dire I don t know That is why I m asking what that portrays � whether it s a wall or something We rm v not wart to put the landscaping all the way down to that point R J Futter The walls dory t start until this 1 o -foot portion right there Ronald Ripley As a practical matter we re really getting into some really fire details This level of site design % 're looking at doesn t even address When you t doom t IZP site plan review and Mr Scott s department that s when those details can be worked out And if want it on one sjd or the other it's doing t really dete=ne what's the safest war to do it" what s the right way to do it I think this wording is good but it s really going t Borne down t that F J Nutter And that s fine with us Ronald Ripley or you don't get a builder permit That is what will happen R J Mutter All we want to do is have a safe entrance to prevent the problems we spoke about here today Ronald Ripley o we have any other discussion ' Donald Horslev Mr Chairman Mr Pawls has requested and 1 11 sponsor Ronald Ripley You want to sponsor him? Mr Pawls if it s new information now If it's not new information we need to move on Robert Pals Yes sir this is item to which %i.as just addressed to me because it wasn I on the internet for me to pick up Ronald Riplev okay Robert Pawls I did address this with the prey sous owners In fact I did request there was another map on that it showed the church and eiferbodv I think was on another Robert biller The other way Stephen Robert Pawls Hold up right there That s good bight here there s a church and they ha%e a driveway right there Fight here the a traffic light These foils over here, they use Reon Drive to enter and exit right there So they sort of go off Dorsett Where s a church over here and a church over here My concern if they put the driveway to the east side that all the traffic is is goina to make a u-turn right here, right at the bottom of the hill where cars are coning oNer So you got a blind spot cars going 45 MPH corning down and who IcnoNk s if it s a car or a trailer People dory t usually use this site except for the ekend so we oot L hurches in the moming that come in and out we have a traffic pattern coming ox er a blind bridge and that was one of my major concerns with the original ownership because they said they wanted to the entrance right there and f said can we work with the City and try to get it so you can use l eon and that the truck that come in they come 1n directly and don't make a u-turn we have enough problems with traffic we got � o homes in Woodstock area and that is the only entrance and exit That s just the homes That doesn t include the church people %kjth several services sometimes Donald Horsley I think Traffic Engineering will tale care of those concerns Robert Pawls Well, we just brought up number 10 and that was one of the c nc ms that had been brought up Some of you agreed to going east on that and I sort of disagree Ronald I iple� Oka,, Thank you % cry much Robert Pawls Thank you Ronald F iple� Any other discussion`s Is anybody ready to make a motion? William Lein 111 make a motion to approve the item Ronald Ripley We got a motion by Will Din to approve William Din with the new condition ten Ronald Ripley with number ten included I have a second by Joe Strange ucrene Crabtree I have to abstain from this one I rn an emplovee of Jack F bbit Ronald Ripley So noted we are ready to vote AYE 9 NAY 0 ABS 1 ABSENTO CRABTREE ABS DIN AYE ORSLLY AYE KATSIAS AYE KNIGHT AYE MILLER AYE ILEY AYE SALLE' AYE STRANGE AYE WOOD AYE Ronald Ripley By a vote f 9-0 with one abstention the motion passes in ludina the ten conditions k4 � Furoll Fj7,rv*i i2407-76-2260 ZONING HISTORY 1 Modification of Conditions —Granted 5-28-42 Conditional Use Permit (communication monopole) —Granted 2-10-98 Conditional Use Permit (communication monopole) —Granted 4-11-95 2 Conditional Use Permit (tattoo parlor &body piercing) — Denied 11-13-01 3 Conditional Use Permit (auto repair &bulk storage) — Granted 8-28-01 4 Conditional Use Permit (auto repair &truck rentals) —Granted 6-13-04 Conditional Use Permit (auto rentals) —Denied 12-7-99 5 Conditional Use Permit (motor vehicle rentals) —Granted 7-13-99 6 Conditional Use Permit (bulk storage) —Granted 9-8-98 7 Conditional Use Permit (addition to auto repair &tire sales) —Granted 2- 14-95 8 Conditional Use Permit (auto sales &repair) —Granted 6-25-91 Conditional Use Permit (auto repair) —Granted 8-28-89 9 Conditional Use Permit (auto sales) —Granted 2-2-87 Conditional Use Permit (stackhouse) --Granted 2-25-85 10 Change of Zoning (B-2 Business District to A-2 Apartment District) Granted? 2-15-86 Conditional Use Permit (amusement park) —Denied 2-14-$3 11 Conditional Use Permit (auto repair) —Granted $-9-82 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Euell Fcn — Conditional Use Permit MEETING DATE February 25, 2003 ■ Background n ordinance upon Application of Eucell Fa en for a Conditional Use Permit for a bulk storage, auto storage and contractors storage card on property located approximately 280 feet north of Virginia Beach Boulevard and 890 feet vest of First Colonial Road (GPIN 2407 2260 Property is located at 1752 Virginia Beach Boulevard and contains 15,103 83 square feet ISTF ICT — BEACH The purpose of this request is to operate a towing facility with two (2) tow trucks and for the storage of up to 30 motor vehicles ■ Considerations The grassed site is currently zoned B-2 Community Business District There i an existing trailer on the property The applicant is proposing to lease a 15,103 square foot portion of a larger lot that will provide vehicular access to this site The applicant's triangular parcel does not have direct frontage along Virginia Beach Boulevard, however, access will be obtained aria an existing drive on the east side of the larger lot Staff recommended approval There was no opposition to the request ■ Recommendations The applicant has made a written request for City Council to indefinitely defer this request The applicant notes that he is having contract issues with the present property owner Recommended Action staff recommends indefinite deferral Submitting Department/Agency Planning Departmen City Manager U FPOM ] NTEPSTATE TOWING INC FAX rJ0 Jan 1' 2903 81 08PM P1 �/�.� Map - IF 9 W1% 9 A-% V f1aP Jcuwanam-s JL t I _ ac 2 N IF 3 N 'INV i uLi I Gpi» See Applacaceon ZONING HISTORY 1 Change of Zoning (R-1 0 Residential District to I-1 Light industrial District) Granted 2-10-98 2 Conditional Use Permit (auto repair garage &bulk storage) —Granted 9- 28-93 3 Conditional Use Permit (church addition) —Granted 12-10-91 4 Conditional Use Permit {auto repair} —Granted 8-14-89 5 Change of Zoning (R-5 Residential District to I-1 Light Industrial District ) Withdrawn 5-5-86 t N '�' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Graham s Custom Body Sinop & Towing L L C — Conditional Use Permit MEETING DATE February 25,2003 a Background n Ordinance upon Application of Graham's Custom Body Shop & Towing, L L C for a Conditional use Permit for bulb storage and expansion of the body shop on the south side of Jensen Drive, 480 41 feet guest of South 131rdneck Road (GPIN 2417434300, 2 1 3 Said parcel is located at 1121 Jensen Drive and contains 1 567 acre DISTRICT 6 — BEACH The applicant desires to expand an existing auto repair garage and to expand an auto storage facility, both of which require Conditional Use Permits 0 Considerations The existing impound area currently operates seven days a week, 24 hours per day and has the capacity to store up to 40 vehicles The application states that on average, 40 vehicles will be stored on site even with the expansion What the addition of the land area will provide is "greater flexibility in parking and retrieving vehicles that have been impounded ' The plan also depicts an expansion of both the body shop and the bulk storage facility on an additional lot within the park The body shop expansion includes five (5) additional bays in a separate building connected by a covered repair estimating area According to the applicant's representative, the proposed building will be constructed of painted masonry block for the fast 12 feet of building height Above that the building wtill be metal construction The buildings will be painted gray to match the existing building The Planning Commission placed this stern on the consent agenda because this is an expansion of an existing use and is compatible with the surrounding area Staff recommended approval and there was no opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded Grote of 10-0 to approve this request with the following conditions Graham Page 2 of 1 A!1 parking spaces required by the City Zoning Ordinance must be marked by panted striping on the side including handicap spaces in accordance with the Americans with Disabilities Act (ADA) 2 Category vl landscaping shall be installed around the perimeter of the existing and proposed bulk storage yard as required by the City s Zoning Ordinance and specified in the Landscape, Screening and Buffering Specifications and Standards for the City of Virginia Beach All auto repair must tale place inside the building o outside storage or display of equipment, parts, or materials shall be permitted The development of the site shall substantially conform with the site plan entitled, "Concept Plan, Proposed Expansion of Graham's Custom Body Shop and Towing, L L C," prepared Gallup surveyors & Engineers, Ltd dated November 12, 2002 o storage of vehicles in a state of obvious disrepair within view from Jensen Drive shall be permitted if vehicles in this condition require storage, then such vehicles shall be stored within the building or within the fenced bulb storage area All outdoor fighting shall be shielded to direct fight and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from adjoining property Any outdoor lighting fixtures shall not be erected any higher than 14 feet The equipment storage yard may be gravel provided a waiver of on -site improvements is requested and approved by the Planning Director ■ Attachments Staff Review Disclosure Staternent Planning Commission Minutes Location Map Recommended ended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager )L Nb 04-t G AHAM'S CUSTOM BODY SHOP & TOWING / # 14 January 8, 2003 General Information: APPLICATION NUMBER REQUEST Conditional Use Permit for bulk storage and auto repair facility ADDRESS 1121 Jensen Drive Mao ir7 -. �. .. .,. -- -1 1� OF :L Dr 0 Gp:n See Ap Itcat:on GPIN 24174343000002 24173267970007 24174343000004 16, 6 PIZ Planning Commission Agenda W- ,January 8, 2003 G AHAM'S CUSTOM BODY SHOP & TOWING 1 # 1 Pave 1 ELECTION DISTRICT #— BEACH SITE SIZE 1 567 acres STAFF PLANNER Carolyn A K Smith PURPOSE The applicant desires to expand an existing auto repair garage and to expand an auto storage facility, both of which require Conditional Use Permits Major Issues: Degree to which the proposal is compatible with the surround land uses and existing zoning Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is an existing auto body shop and impound lot on two (2) of the three (3) condominium units under consideration with this application The vacant grassed parcel to the south is proposed to accommodate the expanded car storage area The entire industrial park is zoned I- 1 Light Industrial District surrounding Land Use and Zoniog North «e wrehou 1-1 Light Industrial District South Manufacturing, warehouse 1-1 Light Industrial District East • Mini warehouse 1-1 Light Industrial District Planning Commission Agenda January , 2003 G HAIII'S CUSTOM BODY SHOP & TOWING fG ## 14,.-- Page Vilest Office warehouse 1-1 Light Industrial District Zoning History The original Conditional Use Permit was granted for the existing business ines in 1989 for auto repair Within this commerce/industrial park, one other Conditional Use Permit was approved for auto repair garage and also included bulk storage Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of greater than 75dB i.dn and within the Accident Potential Zone 2 surrounding NAS Oceana Natural Resource and Physical Characteristics This site ,s within the Chesapeake Bay watershed Portions of the industrial park are within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area There are no significant environmental features on the site, as it has been cleared in the past and exists as a grassed parcel Public Facilities and Services Wader and Sewer Water The existing auto repair business is currently connected to City water Sewer The existing auto repair business is currently connected to City sewer Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP) Jensen Dave is a private roadway within the industrial condominium Birdneck road is a suburban arterial roadway and there is a project in the CIP to widen this facility to four (4) canes Planning Commission Agenda January 8, 2003 GRAHAM'S CUSTOM BODY SHOP & TOWING 1 Page Traffic calculations Street Name Present j Present � Generated Traffic Volume 1 Cat)aaty Existing Land Use 4 — 81 ►CDT Proposed Land Use ' — 120 ADT 'Average Dafly Trips 2 as defined by typical 1 1 zoning use 3as defined s pec if ca(Iy for a uto storage and body shop uses Public Safety Police The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Trough Environmental Design (OPTED) concepts and strategies as they pertain to this site Fire and 6 Fire lanes may be required after occupancy Rescue • Minimum fire lane width to be not less than 18 feet -- under some conditions, greater width will be required by the authority having jurisdiction 0 Gated sites shall provide for Fire Department access using the Knox or Supra key system Electrically operated gates shall have a failsafe operation in the event of a poser failure 0 vehicles shall not be used as barriers to prevent ingress or egress of property Security for ingress and egress must be approved b the fire marshal so that fire department access is not obstructed Storage of hazardous, flammable or combustible materials on -site shall be within the scope of the Virginia Statewide Fire Prevention code and IFP If gravel surface is used to store cars all spills of petroleum products or vehicle fluids shall be immediately removed and properly disposed of to prevent violations of the Fire Code and Environmental ordinances Planning Commission Agenda January 8, 23 GRAHAM'S CUSTOM BODY SHOP & TOWING ## 1 Page Comprehensive Plan The Comprehensive Plan recognizes this area as planned for uses including business parks offices, and appropriately located industrial and employment support uses Summary of Proposal Proposal The applicant is proposing to expand an existing automobile storage facility in conjunction with an existing auto body shop and impound lot These uses require Conditional Use Permits prior to operation and expansion The existing impound area currently operates seven days a week, 24 hours per day and has the capacitor to store up to 40 vehicles The application states that on average, 40 vehicles will be stored on site even with the expansion What the addition of the land area will provide is A`greater flexibility in parking and retrieving vehicles that have been impounded' Site Design. • The site plan depicts the existing one story body shop with office area and the bulk storage yard used for towed vehicles and vehicle awaiting service on two (2) lots in the Owls Creek Commerce Park • The plan also depicts an expansion both the body shop and the bulk storage Tactility on an additional lot within the park The body sloop expansion includes five (5) additional bays in a separate building connected by a covered repair estimating area A culvert is proposed with a drive over an existing stormwater management detention area covered by a 25 food wide private drainage easement second entrance is proposed off of Jensen Drive which wraps to the south side of the parcel The proposed storage lot will have through access from both north and south Jensen Drive The concept plan indicates that the proposed area will have a gravel surface to match that of the existing Planning Commission Agenda GRAHAWS CUSTOM BODY SHOP & TOWING l ## 1 Page impoundment area A waiver to utilize gravel rather than an asphalt or concrete material will be reviewed by the Planning Director at the time of final site plan review Vehicular and Pedestrian Access • The existing body shop and impound lot are accessed via the northern portion of Jensen Drive (a private street) The proposed storage lot will have through access from both north and south Jensen Drive Pedestrian access is adequate Architectural Design According to the applicants representative the proposed building wiff be constructed of painted masonry block for the first 12 feet of building height Above that, the building will be metal construction The buildings will be painted gray to match the existing building As this is in an industrial area with no visibility from any rights -of -way, elevations of the building' sfacades was not deemed necessary Landscape and Open Space DesigLn • Category V1 (a six foot wide area with a combination of a six foot high sold fence with evergreen shrubs) is required around the perimeter of the storage area and is depicted on the plan Evaluation of Request This request is acceptable and is recommended for approval subject to the conditions listed below The location is compatible with the existing ind stnal/commerce park Staff is pleased with the applicant's desire to maintain an orderly and pleasing appearance for the building and the overall site as the proposed and existing uses can Planning Commission mission Agenda January 8. 2003 GPAHAWS CUSTOM BODY SHOP & TOWING 1 Page be unsightly if the property exceeds its intended capacity and proposed uses are not properly screened Conditions 1 All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA) 2 Category vl landscaping shall be installed around the perimeter of the existing and proposed bulk storage yard as required by the City's Zoning Ordinance and specified in the Landscape, screening, and Buffering specifications and Standards for the City of Virginia Beach 3 All auto repair must tale place inside the building 4 No outside storage or display of equipment, parts, or materials shall be perms ted The development of the site shall substantially conform with the site plan entitled, `Concept Plan, Proposed Expansion of Graham's Custom Body Slop and Touring, L L C 'prepared Gallup surveyors & Engineers Ltd, dated November 1, 2002 o storage of vehicles in a state of obvious disrepair within view from Jensen Drive shall be permitted If vehicles in this condition require storage, then such vehicles shall be stored within the building or within the fenced bulk storage area 7 All outdoor lighting shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from adjoining property Any outdoor lighting fixtures shall not be erected any higher than 14 feet The equipment storage yard may be gravel provided a waiver of on -site improvements is requested and approved by the Planning Director NOTE Further conditions maybe required during the administration of applrcahle City Ordinances The site plan submitted with this conditional use permit may require Planning Commission Agenda January 8, 2003 GRAHAM'S CUSTOM BODY SHOP & TOWING / # 14 Page revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda ,January 8, 2003 G AHA #S CUSTOM BODY SHOP & TOWING 14 Page � C -�0 f r �I L N� * , jw > M'::]' lip!r s c V1 i r 6-1 TTr r � � r 4 Fl t pm - { J PROPOSED SITE PLAN � W Planning Commission Agenda � I January 8, 2003 G AHA 'S CUSTOM BODY SHOP & TOWING 1 Page 6. ow •r." VA -m � moo. '� � .* r i �• '� L %r �! yam, Jr ik IL IW ;r A i �- 'x ,f,'�. r k"� •,�'� + r. ^r _ �" .mob 1p or 4 ke * TA own IF ' '$ ,� �.�` �• � �,�rt gyp. k { ? � .° ' '*"'° -L ` •' , '� � � t � + . ? �. 'fir" ' 4 � �, '�'�'� +� k - ' L •�+� .',� i � } n� • �,,yo� h � '� .. ,' ' v � 'i �7 � � TI � 7� y�'F k�do = w 1! ?r # } •_'• � �'•,. 4^Y'�.�� ¢��* ;t 'R]Bd¢ �... '.�, w fir' et ir mom. • •' d i + • ,,n 49 -e 1di ref . # i . , T♦ r z .4A IF di + , 4{M�/ i } t `Y tom' 7 c• ' � '�' #*� .� O +� . � y a r .�.. ry • ; Thy r � } . + J P y v' �, +' `r�r M1}■•o,.l �}N �"' i" �. .F }•� �M1a .. •}motAt IVA ��. +�.°, �' w � •'�',f ��� .�k n,�� �.x .'���'q "° � r� aer� rM1 �', y,K,`�,.. *� :+.� .� .�r �..f+,,,,�•3'�'+4�:°+?.��! -49 January 8,2003. APPLICATIrX PAGE 4 OF-; CONDITIONAL USE PERMIT CITY OF V[RGTNIA BEACH DISCLOSURE STATEMENT Applicant s Mme igeWS 1_��:5+U t �t..J s List All Curren Property 0 % tiers 4 -5--.160y -Sk,;�p -LLC! I PROPERTY OWNFR DISCLOSURF If the progeny o%ner i.% -a0RP RA TION list 311 offMc�is of [hz. CorporjEjon below { 1trach lry if nece i a j a If the prop=y owner is a P4,R'I''' ER H1P i 1R i or kiiher LNINCORPOR 1TED ORG A N 17 ATI N li i al members or pa_rLncr, an tine or ani"isev bciv%% (Arr..Ch If r 11)ILces-� mi ) f c Check herc if the property owner is NOT d Lorpor-i[ion pirmcn hic farm (r c tier t n n LIT Li It i or,anizaLion k If the app cans is not the citrreirt owner of the proper4 ccTop [ere the ippItcaPjI Asc/o sirre seciion be1ai APPLIC 4,NT DjS CLOSURE + It thr, applicant is a CORPORATION list all officers of the Corpwation belo%t (Arr h list if neressan ) elf % , ,- _ se Prh - - - - - - U t apphCant is a PARTNERSHN FTRN or other U I NCORPORA TED OR GAN1 , TFON I ist all members or partners in the organs zau on bclow (Atrach h s r y necessary) ❑ Check here :f the appijcant is NOT a corporaimn partnership firm or other unincorporated org-anization CERTIFICATION I certsfy that the information eonfarned herein is true and accurate Signature (►44n _ Planning Commission Agenda January 8, 2003 G AHAM'S CUSTOM BODY SHOP & TOWING 1 Page 11 Graham s Custom Body Shop &. Towincr L L C Conditional Use Peraut l 1 ^2 1 Jensen Dave District Beach January 8 Zoo CONSENT Dorothy Wood Item #14 It s Graham s Custom Body Shop and Towing,It s for a Conditional Use Pernut for bulk storage and expansion of the body shop on the south side f Jensen I rr�e T s is in District 6, the Beach District and it has eight conditions Mr Gallup` Bruce Gallup My name is Brine Gallup I represent the appllLant We have read the conditions and are in aareement with them Dorothy wood Thank you sir Is there any opposition'' I would move to approve this stern on the Conent agenda number 1 with eight conditions to opposition Ronald Ripley We have a motion to approve the Consent agenda for the items so read Do I hay e a second`? Bu�ene Crabtree I'll second it Ronald Riplev Seconded by Gene Crabtree Dot would you like to have some discussion`) Dorothy wood Joe would you please comment on Item #14 Graham's Custom Body Shop Joe Strange Sure Item #14 is an application for a Permit for bulk storage and auto repaur facility in an already existing facility Again this was in a high AICUZ zone 75 We thought it was an appropriate place It s way back off the road The applicant has history of maintaining a rice work area there, so there was no opposition to it and the staff recommended It Ronald Ripley okay we have a Motion and a second and unless there is other discussion on the motion, I d like to call for a vote AYE 10 NAIAS 0 ABSENT CRABTREE AYE DIN AYE HORSLEY AYE IATSIAS AYE Item #14 Graham s Custom Body Slop & Towing, L L Page 2 KNIGHT AYE MILLER AYE RIPLEY AYE S LLE" AYE STRANGE AYE WOOD AYE Donald Ripley By a vote of 10-0, the motion passes Item # 14 Graham Custom Body Shop & Vowing L. L C Pale 3 Gpin 1-. ZONING HISTORY 1 Conditional Use Permit (Automobile Sales and Service) —Approved 5-9- 88 Conditional Use Permit (Gasoline Service Station and Convenience Store) Approved 6-19-78 2 Conditional Use Permit (Gasoline Safes with a Convenience Store) — Approved 3-14-00 3 Conditional Use Permit (Billboards) —Denied 8-21-90 t I%Lk J6 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM .J A Two, L L C _ Conditional Use Permit MEETING DATE February 25 2003 0 Background n Ordinance upon Application of J A Two L L C for a Conditional Use Permit for motor vehicle sales on the north side of Shore Drive, approximately 320 feet east of Pleasure House Road (GPIN 1 7 7 3 Said parcel is located at 4740 Shore Drive and contains 24,785 square feet DISTRICT 4 — BAYSIDE The purpose of this request is to obtain a Conditional Use Permit to expand an existing Motor Vehicle sales operation ■ Considerations The submitted site plan depicts four vehicle display areas on the site The vehicle display areas total 107011 square feet An underground stormwater rnanagement facility is depicted on the site The applicant advises staff that they cannot use the stormwter management pond on the v algreen s site, as it was not sized to accommodate any additional runoff A private variable width access easement provides ingress and egress to the Ialgreen s site directly guest There are no buildings planned on this site The applicant will use the existing building on the site to the east to conduct the business The site plan depicts landscape areas in islands dispersed throughout the site The proposed plants are the types of species that are recommended for the Shore Drive Corridor The street frontage landscaping was developed as part of the valgreen's development The applicant's existing site to the east was required to provide Category IV screening along the property line on Hollis Road This screening is mature and should be continued along the rear property line of this site The applicant was also required to provide landscaping along Shore Drive This landscaping is currently grassed areas Staff hopes that the applicant will provide street frontage landscaping along the front of the existing site to provide a more unified development Staff recommended approval There was no opposition to the request 0 Recommendations The Planning Commission paused a motion by a recorded vote of 10-0 to approve this request with the following conditions 1 The site shall be used for Motor Vehicle Sales only in conjunction with the applicant's adjacent site to the east If the site is utilized (sold or leased) for Motor Vehicle Sales separate from the adjacent site to the east, a new conditional use permit for Motor Vehicle Sales shall be obtained There shall be no access from Hollis Road 3 Category IV screening shall be installed along the property line along Hollis Road Vehicles shall not be used as a barricade to prevent ingress and egress on to the site The applicant shall provide a security plan that details the method of entry to the site that is acceptable to the Fire Department o outside paging system loudspeakers, and / or music shall be permitted on the site No additional freestanding signs are permitted There shall be no more than 42 vehicles displayed for sale on the site The vehicles shall be parked in the area designated as "Vehicle Display Area" as depicted on the submitted Conditional Use Permit Site Plan prepared by John E shine and Associates, dated November 11 , 2002t except that there shall be no vehicles displaced for sale in the area between Shore Drive and the variable width access easement to the Wal r en's site to the west This area may be used for employee parking only o vehicles shall be parked within any portion of the public right-of-way Vehicles shall not be displaced on vehicle platforms of any time 0 Attachments Staff Review Disclosure Statement Planning commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager JBA, L.L.0 / # 121 January , 2003 General Information: APPLICATION NUMBER REQUEST ADDRESS GPIN ELECTION DISTRICT F03-21 -C U -2002 Conditional Use Permit for Motor Vehicle Sales 4740 Shore Drive, the North side of Shore Drive, 320 feet East of Pteasure douse Road 147 47 0000 BAYSIDE G w 1 ,5. 3 Planning Commission Agenda Tanury 8, 2003 JBA,LLC #12 Page 1 SITE SIZE 24,78564 STAFF PLANNER Faith Christie PURPOSE To obtain a Conditional Use Permit to expand an existing Motor Vehicle Sales operation Mayor Issues: 0 Compatibility with the surrounding uses • Consistency with the Shore Drive Corridor Design Guidelines Land Use, Zoning, and Site Characteristics: ,Existing Land Use and Zoning The site is semi -improved as a gravel parking area and an improved access aisle for the 1Jalgreenrs site The site was used as a staging area during the construction of the Walgreen#s Drugstore to the immediate west Upon completion of the Walgr en's, the site was graded and gravel was installed The site is zoned -2 Community Business with the Shore Drive Corridor Overlay District Surrounding Land Use and Zoninq North 0 Hollis Road 0 Across Hollis Road are Single-family andMultiple- family dwellings / R-5R Resort Residential and A- 18 Apartment with the Shore Drive Corridor Overlay District South • Shore Drive Planning Commission Agenda January 8, 2003 JBAq LLC12 Page 2 0 A vacant parcel, previously Bayside Motors / i Community Business with the Shore Drive Corridor Overlay District East 6 Motor Vehicle Sales: Atlantic Motor sports B-2 Community Business with the Shore Drive Corridor Overlay District West 0 Wal reen s Drugstore B-2 Community Business with the Shore Drive Corridor Overlay District Zoning History The site was zoned C-L 2 Limited Commercial District until November 1973 With the adoption of the Comprehensive Zoning ordinance in 1973, the site was zoned B- Community Business District The Shore Drive Corridor Overlay District was applied to the site in October 1998 Two Conditional Use Permits have been approved for the applicant's site directly east A Conditional Use Permit for a Convenience store with Gas Pumps was approved in June 1978 In May 1988 a Conditional Use Permit for Motor Vehicle Bales and service was approved Several conditions pertaining to access, landscaping and right of way reservation are attached to the Conditional Use Pe rm it Air installation Compatible Use Zone (AICUZ� The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana Natural Resource an hsic I Characteristics The site is partially developed with a gravel parking lot and an asphalt access aisle for the Walgreen's immediately to the vest 1t is the Chesapeake Bay Preservation Area Resource Management area Public Facilities and Services Water and Sewer The site will be used for parking area, connection to water and sewer is not necessary Transportation Master Transportation Plan (MTP) /Capital Improvement Program (CIP) Planning Commission Agenda January , 2003 JBAj L L C / # 12 Page a i Shore Drive in front of this site is a four lane dwided major urban arterial It is designated on the fluter Transportation Plan as a 150 foot pride divided roadway with a multi -use trail A right-of-way reservation may be required during detailed site plan review Traffic Calculations Street Name Present Present Generated Traffic Volume I Capacity 17 300 � D of Existing Land Use 2 307 Shore Drive 20 OOOADT , Service C Proposed Land Use 3 225 -'Average Daily Trips as defined by B 2 Zoning 3 as defined by Motor hit Sales Public Safety Police The applicant is encouraged to contact and work with the Crime Prevention office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site Fire and Vehicles should not be used as barriers to prevent ingress and Rescue egress to the site A se unty plan should be submitted during the site plan review process The plan should address the method of access to be provided to the Fire Department during a fire event if the site is to be gated the applicant must provide for Fire Department access using the Knox or Supra fey system Electrically operated gates must have a failsafe operation in the event of a power failure Comprehensive Plan The Comprehensive Flan Map designates this site for retail', service, office, and other uses compatible within commercial centers serving surrounding neighborhoods and communities The Comprehensive Plan policies and flap designation for this portion of the Bayfront Planning Area support commercial uses that are compatible with the needs of the surrounding neighborhoods The Shore Drive Corridor Plan and Overlay District Guidelines are established to enhance the appearance of the road corridor and the Planning Commission Agenda January 8, 2003 JBA9 L L C 1 Page k larger area covered by the Overlay District to preserve its vitality as are important gateway to the city Summary of Proposal Proposal The applicant proposes to develop the site for the display of vehicles for sale in conjunction with his existing vehicle sales operation to the east The site is in an established commercial area at shore Drive and Pleasure House Road that is experiencing re -development of properties such as the walgreen's Drugstore and the Wawa Convenience store to the west The site was recently re -subdivided and a portion conveyed to walgreen's to the crest Site De%Ln • The submitted site plan depicts four vehicle display areas on the site The vehicle display areas total 101011 square feet An underground stermwater management facility is depicted on the site The applicant advises staff that they cannot use the stormwater management pond on the 1lalgreen's site, as it was not sized to accommodate any additional runoff A private variable width access easement provides ingress and egress to the Walgreen's site directly west The proposed display area between the ingress egress area should be eliminated as it may present a traffic conflict for custorners using this site and the walgreen's Drugstore Vehicular and Pedestrian Access single entrance to the site from Shore Drive was developed in conjunction with the walgreen's site work The applicant and valgreen's Drugstore share the entrance A sidewalk exists along the front of the site Planning Commission Agenda January 8, 2003 Page Architectural Design • There are no buildings planned on this site The applicant will use the existing building on the site to the east to conduct the business Landscape and Qpen Space Desk The site plan depicts landscape areas in islands dispersed throughout the site The proposed plants are the types of species that are recommended for the Shore Drive Corridor The street frontage landscaping was developed as part of the Walgreen's development The applicant's existing site to the east was required to provide Category 1v screening along the property line on Hollis Road This screening is mature and should be continued along the rear property line of this site The applicant was also required to provide landscaping along Shore Drive This landscaping is currently grassed areas Staff hopes that the applicant will provide street frontage landscaping along the front of the existing site to provide a more unified development Evaluation of Request The request for a conditional use permit for motor vehicle sales is acceptable subject t the conditions listed below The applicant currently operates a motor vehicle sales establishment directly east of the site It is his intent to expand the operation to this site The request is in beeping with the recommendations of the Comprehensive Plan for this area of shore Drive The proposed landscaping exceeds the requirements for display areas and utilizes the plant species recommended for the Shore Drive Corridor Minor adjustments to the landscape plan, such as Category IV screening along Hollis Toad, can be achieved during detailed site plan review While the site directly east is not a part of this application, staff mopes that the applicant will provide street frontage landscaping along Shore Dave, in Peeping with the existing landscaping along the front of this site, in order to accomplish a unified appearance of his business Staff recommends approval of the request for a conditional use permit for motor vehicle sales subject to the conditions below Planning Commission Agenda January 8, 2003 J A, L L c 1 Page Conditions 1 The property line between this parcel, Parcel B, and the parcel directly to the east, Lot 3 shall be vacated There shall be no access from Hollis Road Category Ill screening shall be installed along the property line along Hollis Road 4 Vehicles shall not be used as a barricade to prevent ingress and egress on to the site The applicant shall provide a security plan that details the method of entry to the site that is acceptable to the Fire Department No outside paging system, loudspeakers, and l or music shall be permitted on the site o additional freestanding signs are permitted There shall be no more than 42 vehicles displayed for sale on the site The vehicles shall be parked in the area designated as "Vehicle Display Area" as depicted on the submitted Conditional Use Permit site Plan prepared by John E Sinne and Associates dated November 11, 2002, except that there shall be no vehicles displayed for sale in the area between shore Drive and the variable width access easement to the Walgreen's site to the guest This area may be used for employee parking only No vehicles shall be parked within any portion of the public right-of-way Vehicles shall not be displayed on vehicle platforms at any time NOTE Further conditions maybe required during the administration of apphca6le City Ordinances The site plan submitted with this condrfional use permit may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 72 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda January 8, 23 JBA, L L C 1 # 12 Page HOLUS ROAD k IF 1 x.* ISF Rr ton planningAgenda �' ��iss �. j u ►r , 1 JBA5 page Manning Commission Agenda - January 8, 203 JBAq L L C # 144� PQ cwo:) O A O V 1*4%4,.LOSURE STATEMEPRy Applicant" Name List All Current Propel Owners ) Lx)-o -- LLC' PROPERTY OWNER DISCLOSURE if the property owner is a CORPORATION list all officers of the Corporation below (Attach list if necessary) If the propel owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION list all members or partners in the organization below {Attach list if necessary) 0 Check here if the property owner is NOT a corporation partnership, firm r other unincorporated organization N the applicant is not the current owner of the property complete the Applicant Disclosure action below APPLICANT DISCLOSURE If the property owner is a CORPORATION list all officers of the Corporation below (Attach Jest if necessary) If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION Ifat all members or partners in the organization below (Attach list ifnecessary) 0 Check here 0 the property owner is NOT a corporation partnership firm or other unincorporated organization CERTIFICATION 1 certify that the information contained herein rs true and fe ,,---) ('FZv�nvt Name gnawr Conditional Use Permit Application Page 8 of 1 Planning Commission Agenda January , 2003 JBA, L L c 12 Page 10 JBA Two L L Conditional Use Permit 4740 Shore Drive District Bayside January 8 2003 REGULAR l obert Miller The next item is Item 1 , JBA Two, L L C Billy Carrington Good rnorning Mr Chairman ladies and crentlemen of the Planning Cornrru sion for the record my name is Billy Garrington on behalf of the applicant J'B T" o L L C , and ask for your approval of this Conditional Use Permit on certain proerty located at 4740 Shore Drive in the Bayside Borough of Virginia Beach I will give this to the City Attorney to pass around just in cage you didn t get a chance to see the site plan lair Chairman for those of vou , ho aren t aware JBA Two L L C is two individual partners Mr Donny Howard and Alex Jones who own the property adjacent to the east of this which is Icnow as Atlantic Motor Sports They are in the process now of improN inor this piece of property that 1s just to the u est of their existing facility and as you will see on the site plan it's just going to be an oN rflo lot for additional vehicle display for the business that they have that is already in business which is the Atlantic Motor Sports I d like to i%e you just a quick synopsis s to how they got into this problem that they re in When the walgreen store was built to the west of this site which is on the site of the old Shore Drive and Restaurant they used Mr Howard s property as a staging area and a parking area for the employees while they ere building the walgreens As a gesture of their good will from what Mr Jones and Mr Howard did for theme when they left they put curbing I mean not curbing gutter but crush run all over the piece of property cleaned it up for Nip- Ho kard for letting him parr on the lot while they were building Walgreens well, hen this happened these people started parking employee Lars on the property and everything else not knowing they had to go through site plan review and that thev had too through the Conditional Use Permit process That s what got Mr Howard in the position he s in now So then it was his decision to either tear the crush and run back out and restore the site back to its original site it was just a x acant lot, or come in front of you and get a Conditional Use Permit upgraded to allow for more vehicle display on that piece ofproperty That is the reason wh� we are here in front of you today to upgrade his Conditional Use Perrrut to allow this operation to be expanded on to this separate piece of property In the staff` write up there are several conditions recommended for appro-� ai of this project Let rye tell you that we are in agreement with all of the conditions with the exception of condition number one and condition sic I think condition one where It requires him to vacate the property fine between this parcel and the existing parcel that he owns would do tremendous economical damage to his property And keep in mind this isn t a non-conforr Ong lot that we re talking about This is a lot that was created in 1999 that meets the zoning category criteria for let size lot width and frontage on a City street It a very valuable piece of property nou Thev have had numerous real estate offers in the past month in Item #12 .SBA Two, L L ae excess of $ 00 000 from several fast foot restaurant chains to sell it which they have decided not to do up until this time But at some time in the near future, say five or ten years do n the road it rs Near easy to gee how they would wart to sell it separately and if it was to be combined into the piece of property that he now knows who knows five or ten years from nova if you could back and recreate that I thinly it would tremendous econorruc harm to this piece of property and not to mention that tax base that the City crets off f the real estate taxes on the property It would not e worth near .s much being combined into the existing parcel as it is as its own separate parcel Arid, again it s a legally platted lot It s not a non -conforming lot It s a lcral planted lot So our reasoning all along was for this new lot i to only b operated in con unction with the existing car lot that s beside it It was never meant to be it s own free standing stand alone used car lot because it doesn t have a building on it So DMV wouldn't have allo"ed us to do that anway So the condition that says that this lot would only b operated in conjunction with the existing used car lot which is next door which is Atlantic Motor Sports ixe re in complete agreement Nxith that condition Ronald Ripley Yes Any quesiions Dot? Dorothy wood I certainly agree with you Mr Carrington on item one, but item. six we talked about a sign Are you talking about signs inhere we you talking about the signs` Billy Carrington He would be allo% ed to put one additional free standing, alone sign on this piece of property if he so chose to do so under the current zoning ordinance It could only be 32 square feet in size and 1 feet high That s all that he s allowed to have He couldn t have any buildincy sianage because there s no building there So he could only have one additional freestanding sxan under the current oninor ordinance It says if you have a lot with at least a 10 -feet of lot %idth you re allowed three signs, one of which can be free standing The other ones can be building suns but he has no building there Dorothy W ood So Mr Garri n aton he s not talking about where he s going to put the cars Bill, Carrington No ma'am Dorothy Wood Thank you Bill} arrington That s exactly correct Dorothy wood Thank you sir Ronald Riplev Any other questions I It s rn understandin I rn sorry Bob" Robert Scott I m listening to what 1 r Garrlr►gton s saying and I' m seeing his point to some degree But there is still a concern that needs to be addressed Arid I don t know if we need to have the propert acated necessarily to achieve that concern but he indicated Item #12 JBA Two L L Page 3 that his intent was to operate one business We need to have a condition that establishes that this is going to be an operation that's an extension ofthe business that s already there And that s what we re approving and that we re not openincr up the door for a separate dealership or any other related operation on that second lot Now I guess I agree to this extent I don t know if we need to condition the lot to get there but we do need to have a condition to replace condition number one that ensures that we ve got one business on the property not these two lots together Ronald Ripley Leo you have a condition to do that's Robert Scott Yeah we can get you a condition that would do that Donald Ripley I was handed one by staff and let me react this to replace condition number one The site shall be used for motor vehicle sales only in conjunction with the applicant s adjacent Site to the east If the site is sold for motor vehicle sales separate from the adjacent site to the east a nevi Conditional Use Permit for motor vehicle sales shall be obtained Billy Garnnorton If you want to rake specific reference to Atlantic Motor Sports which is the business that is there nova we have no ob�eetion to that and t go even further and say that iukkill be in substantial conformity with the site plan that is on file we will whole heartedly agree to that Robert Scott well, there you o Ronald Ripley That sounds like the Londition okay Billy Garnnaton It could have been on Consent Ronald Ripley It could have been But you do understand to and I want to be clear about this there is a condition in here where you can t display across that because, I have to lump every car dealer in one basket because we have a lot of problems , ith displays not being here they should be so I just want to be clean about that Billy Carrington No problem at all Ronald Ripley I do live in the area by the way Billy Carrington I m sure you 11 beep an eye on it Ronald Ripley Okay well then Charlie9 Charlie Salle Laid we finish up with item number six9 Billy Carrington ,lust go away Item # 1 JBA Two L L Page 4 Charlie Salle No freestanding signs) Billy Gamnaton 1 m just saying that condition shouldn t even be in there Under the currently zoning ordinance he would be able to have a freestanding sign there if he so chose to do so Charlie Salle' well I m lust saving, if it was one lot, one business he would not be allowed that sr CrD In Billy Damn ton He wouldn t be allowed to have that sign Charlie Salle' we're sort of saying it's one lot, one business but you're saying you do want sign Billy Damn ton i don t think he wants the sign but I mjust saying that if it s two separate zoning lots condition number six shouldn t b in there that precludes him from having a separate free standing sign because under the zoning ordinance which is his due process eery zoning lot that is considered a legal lot ix ith the proper road frontage is allowed to have a free standing sign Charlie Salle f agree ith that but my position would be that 1f we re going to treat this as one business and not require the lot lire to be vacated i would still want to see number six retained Billy Carrington That s fine I rn just telling you frorn representing Mr Howard we would like to see condition six gro away Robert Miller Are you ready for a motion's Ronald Ripley Yes Kay Wilson liar Ripley before you make a motion I think it would probably be best if number one was based upon the conjunction with the adjacent building to the east That lan ua a and the site plan does not have it in conjunction with the business specifically named to see if he is really running the land That would be a little clearer for evervone concerned if we lust did It that way Robert Miller So I was going to tape the verbatim that Ron had mentioned already Kay Wilson Oka Robert Miller 111 make a motion that we approve item #1` with eight conditions The first condition being restated to be that site should be used for motor vehicle sales only in conjunction ith the applicant s adjacent site to the east It the site is sold for motor Item #120 JBA Two L L Page 5 vehicles sales separate from the adjacent site to the east a new Conditional Use Permit for motor vehicle sales shall be obtained Ronald Ripley we have a motion Do l have a second? Donald Horsley Second Donald Ripley A second by Don Horsley A motion by Bob Miller Charlie Salle Could you read that language one more t�� 0 Robert Miller The site shall be used for motor vehicle sales only in conjunction with the applicant s adjacent site to the east If the site is sold for motor vehicle sales separate from m the adjacent site to the east a new Conditional Use Per of for motor vehicle sales shale be obtained Charlie Salle I just had one comment Maybe the language can be drafted between now and the Council The idea is not just sold but probably leased or utilized for separate business We're building a legal technicality there that if it i not sold but leased or whatever it could be used Robert Miller Is there a better word than sold that you would preter9 Charlie Salle' Probably just utilized sold leased or utilized as a separate business but we could leave that specific language up to the staff to turn out between now and Council and go with hat you have Ronald Ripley You realize that you were leaving stern six in this motion Robert rt Miller I did Kathy I atsxa� We are leaving it m9 Ronald Ripley Yes Okay We re ready to Grote l believe CRABTREE DIN H RSLEY IATSIAS .NIGHT MILLER RIPLEY S LLF AYE 10 NAY fl ABS fl AYE AYE AYE AYE AYE AYE AYE AYE ABSENT Item#12. JBA Two L L C Page STRANGE AYE WOOD AYE Ronald Ripley By a vote of 10-0 the motion passes Billy Garrino ton Thank you Mr Chairman Ronald .Ripley Thank ion Mr Miller do you have another application for us" Mai) s— I VMV t r No Scele 4 1 � � 1 Gpin 7486-44-9760 ZONING HISTORY 1 Conditional Use Permit (gas sales) —Approved 4/20181 Conditional Use Permit (gas sales and car wash) —Approved 7/5/88 2 Conditional Use Permit (motorcycle sales and repair) —Approved 7/5/00 3 Rezoning (R-8 Residential to B-2 Business) —Approved 10/11/76 4 Rezoning (0-1 Office to 1-1 Industrial) —Withdrawn 3/3186 Rezoning (0-1 Office to A-1 Apartment) —Denied 7/14/86 Rezoning (0-1 Office to B-2 Business) —Withdrawn 5/23/88 Conditional Use Permit (senior housing) —Approved 1/1 3 98 5 Rezoning (0-1 Office to B-2 Business) -- Approved 3/18/85 6 Conditional Use Permit (car wash) —Approved 2/13/84 7 Rezoning (A-1 Apartment to B-2 Business) —Approved 6/2/86 S Rezoning (A-1 Apartment to 0-1 Office) —Approved 10/24l83 9 Rezoning (0-1 Office to B-2 Busyness) and Conditional Use Permit (auto repair) — Approved 8/4/86 10 Rezoning (A- 12 Apartment to B-2 Business) and Conditional Use Permit (auto repair) —Approved 9/26/8$ Conditional Use Pemnt (auto repair) — 4/23/96 %LA ALI- L' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM! Reed Enterprises Inc— Conditional Use Permit MEETING DATE February 25, 2003 N Background An Ordinance upon Application of Reed Enterprises, Incfor a Conditional Use Permit for gasoline sales in conjunction with a convenience store at the southeast corner of Holland Fad and Chimney Hill Parkway (GPIN 1 0 Said parcel is located at 985 Chimney Hill Parkway and contains 31,755 square feet DISTRICT 3 — ROSE HALL There are currently four gas pump islands and a car wash on this site The applicant desires to demolish the car wash and add a convenience store to the site The gas pump islands will be relocated and two additional gas pump islands will be installed under a new canopy ■ Considerations The new convenience store building, canopy and fuel pump islands meet all required setbacks The new convenience store will be located at the southern end of the site with the new fuel pump canopy located to front of the convenience store and facing Holland load The design of the proposed convenience store building meets the intent of the Retail Guidelines in the City Zoning Ordinance The elevations depict a defined entryway with columns and a gable feature White wood trim (dentil course) will be featured along the all sides of the building Exterior materials include reddish brown brick veneer and charcoal gray or black architectural shingles with a roof slope of 7/12 Currently, there is very little landscaping on the site as the majority of the site was developed prior to the adoption of the parking lot landscape requirements The applicant is proposing to create planting strips along both Chimney Hill Parkway and Holland Road In addition, the applicant has shown new planting strips along the perimeter of the site, where the property abuts commercial uses to the south and east The Planning Commission placed this item on the consent agenda because this is an existing use and the proposed improvements will enhance the aesthetics of Feed Enterprises Page 2 of the area staff recommended approval and there was no opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of 10-0 t approve this request with the following conditions 1 The existing two entrances on Holland Road must be removed and replaced with a single entrance with a right turn lane The entrance and turn lane configuration and dimensions must conform to Public Works Specifications and Standards 2 The site shall be developed in substantial conformance with the submitted site plan titled `Layout and Landscape Plan of Gas Sales and Convenience store Addition' dated November 12, 2002, and prepared by Land Design and Development Said plan has been exhibited to City Council and is on file in the city of Virginia Beach Planning Department 3 The building shall be constructed to substantial conformance with the elevation titled `Reed Enterprises Convenience Store @Holland Road and Chimney Hill Parkway' Said elevation has been exhibited to City Council and is on file in the City of Virginia Beach Planning Department The new canopy shall be constructed in substantial conformance with the building The same reddish brown back veneer should be shall be used n the columns and a pitched roof with matching shingles shall be elements stgnage for the site shall be limited t a Traffic control signs b Striping on the canopy shall be limited to 10 feet on each side of the canopy or one -quarter of the length of each side sinae on the canopy shall not be internally or externally illuminated c No si na a in excess of a total of four square feet of the entire glass area of the exterior wall shall be permitted There shall be n other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and or doors, canopy, light poles or any other portion of the site No outdoor vending machines and or display of merchandise shall be allowed Anon -site pedestrian walkway at least five feet in width shalt be provided from the sidewalk on Chimney bill Parkway to the convenience store 8 Bicycle racks shall be provided near the entrance of the store Reed Enterprises Page 3 of 3 ■ Attachments Staff Review Disclosure statement Planning Commission Minutes Location Map Recommended Action staff recommends approval Planning Commission recommends approval Submitting DepartmenUAgency Planning Department 7!r IL City Manager �1 REED- ENTERPRISES/ # 9 January , 2003 General Information: APPLICATION G08-211-CUP-2042 NUMBER REQUEST Conditional Use Permit for a convenience store with gas pumps ADDRESS 985 Chimney Hill Parkway ffeea znre?T inc M ses, Li i � I �12 L4 p6q 11-1 A—d a Ft -1 GPIN 1486-44-9760 ELECTION DISTRICT 3 — ROSE HALL SITE SIZE 31 755 square feet Gpin l Planning Commission Agenda° ^ January 00 REED ENTERPRISES/ # 9 Page 1 STAFF PLANNER Barbara Duke PURPOSE There are currently flour gas pump islands and a car wash on this site The applicant desires to demolish the car wash and add a convenience store to the site The gas pump islands will be relocated and two additional gas pump islands will be installed under a new canopy Mayor Issues. Degree to which the proposal is compatible with surrounding area Land Use, Zoning, and Site Characteristics Existina Land Use and Zonin There are four gas pump islands and a kiosk under a canopy and an automatic car Harsh on the site The site is zoned B-2 Community Business District Surrounding Land Use and ZoniM North 0 Office Buildings -2 Office District and B-2 Community Business District South 0 shopping Center B-2 Community Business District East 0 f ta)l Shops B-2 Community Business District West 0 McDonald s Restaurant, senior Housing B-2 Community Business District and -2 Office District Planning Commission Agenda January 8. 2003 FEED ENTERPRISES/ Page 2 Zoninci Hrstory There have been numerous use permits granted for auto related uses in the cornmerclat areas surrounding the site A conditional use permit for a gas station was approved on the subject site in 1981 1n 1988, a conditional use permit to add a car wash was approved on the subject site The only conditions placed on the car wash use permit pertained to stormwater management and singe on the site Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 65-70dB Ldn surrounding NAS Oceans Natural _Resource and Phvsicaf Characteristics The site is fully developed with impervious surfaces Public Facilities and Services Water and Sewer The site is currently connected to City water and sewer Transportation Master Transportation Plan (MTP) /Capital Improvement Program (CIP) Holland Road in the vicinity of the subject site is a four lane divided mayor urban arterial It is identified on the Master Transportation Plan Map as a 120 foot wide divided highway This roadway will be improved to a six lane facility with Holland Road Phase V (CIP 2-850) This project is listed as requested but not funded in the FY 2002-2403 Capital Improvement Program document The right of gray width along the frontage of this site is sufficient for the 120 foot width identified on the Master Transportation Plan The Department of Public Works proposes a 155 foot right of way along this section of Tolland Road Planning Commission Agenda January , 2003 REED ENTERPRISES/ Page 3 Traffic calculations Street Name Present Present Generated Traffic Volume Ca acit 31 700 ADT' existing Land Use — 1 456 Holland Road 36 038 ADT ' LOS F Proposed Land Use 3 3 552 'Average Daily Trips as d f fined by 8 fuel pumps and car wash as defined by 4 200 square feet convenience store and fuel pump Public Safet Police The applicant is encouraged to contact and work with the Crime Prevention Off ice within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site Some items to consider are • Advertisements and/or displays should not be located in and around windows maximum height of shelving of no more than 42 inches is recommended, with no stacking items on the top shelf This will help with visibility throughout the store for employees and customers • Any pay phones on the site shall be located away from the convenience store • Use of closed circuit TV on the site is recommended • Installation of an alarm system on the building Fire and Fire protection requirements will be addressed during detained Rescue site plan review Comprehensive Plan The Comprehensive nsive Plan recommends this area for retail, service: office and other compatible uses within commercial centers serving surrounding neighborhoods and communities Planning Commission Agenda January 8, 2003 REED ENTERPRISES/ Page Summary of Proposal Proposal The applicant is proposing to demolish the existing Car wash building and locate a convenience store on this portion of the site In addition, the applicant is relocating the fuel islands and canopy, removing the kiosk and adding two more fuel islands Site Design The new Convenience store building, canopy and fuel pump islands meet all required setbacks The new Convenience stare will be located at the southern end of the site with the new fuel pump canopy located in front of the convenience store and facing Holland Road Vehicular and Pedestrian Access The applicant is proposing to use the three existing Curb Cuts, two on Holland Road and one on Chfmney Hill Parkway Public Works Traffic Engineering is requesting that the applicant Close the existing entrances on Holland Road and replace a single entrance with a turn lane This item has been listed as a Condition at the end of this report There is an existing sidewalk along the frontage of Holland Road and Chimney Hill Parkway however no on -site sidewalk connection to the convenience store is shown on the site plan This item has also been listed as a condition at the end of this report Architectural Design, • The design of the proposed convenience store building meets the intent of the retail guidelines in the zoning ordinance The elevations depict a defined entryway with columns and a gable feature White wood trim (dental course) will be featured along the all sides of the building Exterior materials include reddish brown brick veneer and charcoal gray or black architectural shingles with a roof slope of 7/12 Planning Commission Agenda January 8. 2003 REED ENTERPRISES/ Page No details for the relocated canopy have been provided with the application Landscape and 0 n Space Desi Currently there is very little landscaping on the site, as the majority of the site was developed prior to the adoption of the parking It landscape requirements The applicant is proposing to create planting strips along both Chimney Hill Parkway and Holland Road In addition, the applicant has shorn new planting strips along the perimeter of the site where the property abuts commercial uses to the south and east Evaluation of Request The request for the addition of a convenience store and additional pump islands to the fuel sales operation is acceptable, subject to the conditions listed below The existing pump islands and canopy will be relocated and the existing car gash building will be demolished on the site to make room for the new convenience store The convenience store has been located on the site so that it meets all zoning setback requirements The applicant has provided an architectural elevation of the building that meets the retail guidelines Landscape plantings will be provided along the eastern and southern boundaries of the site as well as along the rights of way of Chimney Hill Parkway and Holland Road The overall aesthetics of the site will greatly improve under the proposed plan The request for a conditional use permit for the operation of a convenience store and gas pumps is acceptable subject to the following conditions Conditions 1 The existing two entrances on Holland Road must be removed and replaced with a single entrance with a right turn lane The entrance and turn lane configuration and dimensions must conform to Public Works Specifications and Standards 2 The site shall be developed in substantial conformance with the submitted site plan titled `Layout and Landscape Plan of Gas sales and Convenience Store Addition' dated November 12 2002 and prepared by Lana Design and Development said plan has been exhibited to City Council and is on file in the City of Virginia Peach Planning Department Planning Commission Agenda January 8, 2003 REED ENTERPRISES/ ## Page 3 The building shall be constructed in substantial conformance Mh the elevation titled "Reed Enterprises Convenience Store @ Holland Road and Chimney Hill Parkway" y„ Said elevation has been exhibited to City Council and is on file in the City of Virginia Beach Planning Department The new cant shall be constructed in substantial conformance with the building The same reddish brown brick veneer should be shall be used on the columns and a pitched roof with matching shingles shall be elements Signage for the site shall be limited to Traffic control signs, b Striping on the canopy shall be limited to 10 feet on each side of the canopy or one -quarter of the length of each side Signage on the canopy shall not be internally or externally illuminated c No signage in excess of a total of four square feet of the enure glass area of the exterior wail shall be permitted There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and or doors, canopy, light poles, or any other portion f the site No outdoor vending machines hin and or display of merchandise shall be allowed non -site ped stn n walkway at least five feet in width shalt be provided from the sidewalk on Chimney Hill Parkway to the convenience store Bicycle racks shall be provided near the entrance of the store NOTE Further conditions maybe required during the administration of applicable City Ordinances The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approves! See Section 220(g) of the City Zoning Ordinance for further information Planning Commission Agenda January 8, 2003 FEED ENTERPRISES/ # g Pave 'rF ,0... z 0 (AVV -niH NYfM • *" T■r L6 16 �. Ak x y �. IL 441 C C � E Jw L, L1 V PROP6SED SITE MODIFICATIONS c � % Pla nnin Commission i Agenda '= � January 8, 2003 REED ENTERPRISES/-'.-� Page 8 4 -d rA 61 Arhj Pm W a,r ra i-. LL y p- t J r! "1�1! �"� 3-$A - M .y .r ra I ii rt N rj PA } �,vw .a I � w -• 'ate H �. 4 P4 �4 P4 J` r -6 rt r* 1 hi e• } .�---.€ - r-4— rP-4 -d� d l ram• }�y � ..i +.`e +� i.i }� � w-. .-f �' !'t � � � J V— r : .. �r�I I r *- PROPOSED RIGHT OIDE BUILDING Planning Commission Agenda January 8, 2003 � -'I' REED ENTERPRISES/ g _ Page 9 z z 0 x L6 0 LLI ch 0 IL 0 IL PROPOSED FRONT BUILDING Planning Commission Agenda January 8. 2003 REED ENTERPRISES # Page 1 �• #a �� IMF �., r , *� v„�.,..•4�� _ � � d:7: oR .. Pm y f ,1 ,di' •a F 16 ' ,fir+,. r { ` T ��''�tr �+ ++o- ".�" 5�,� d i ?off. A ddo r lbb ` k or IL + ■ y { AV dilL+ 16 of 69 r aC u.:s s ; { 'Rs ti Tr 4r t.! .� Y } + 46� Y :, top dt x a � Y OIL } Planning Commission Agenda January 8, 2003 RFFn FNTFRPRIF!.� 1 Planning Commission Agenda -r January 8, 2003 REED ENTERPRISES.-.,�' Page 1 DISCLOSURE STATEMENT Appllcani s Name FC0 b4 I Ejr,, T,2ff 1-"N List All Current ,� /.'%/ / Property A�PROPERTY OWNER DISCLOSURE It the property owner is a CORPORATION lit all officers of the Corporation below (Attach lig+ d necessary) it to -=� arty owner is a PARTNERSHIP, FIRM or other UNINCORPORATED ORGANIZATION list all mennbers or partners in the organization below Att&c r list if necessary /,) / Check here rf the property owner is NOT a corpor bon partnership firm or other unincorporated organization if am appAcent is nor the aurmni ownw at tho pwporty awWh" tw f sectiorr below APPUCAl T DISCLOSURE If the property owner is a CORPORATION list all officers of the corpora on below (Aga(Agach list if necessaW -% ell jP'/--6 "P 72 4C. _A If the property owner is a PARTNERSHIP, FIRIIA or o&w UNINCORPORATED oFIA I ATION list all members or partners in the organization below (Attach list it ne err ) L check here if the property owner is NOT a corporation partnership firm or other unincorporated organization CERTlFiCAT10H ! certify that the information contained herein is true and accurate /��x T e ( 9 51g Print Name � T Conditional Use Permit Application Page 8 of 1 Planning Commission Agenda January 8, 2003 REED ENTERPRISES # g 4 } Page 13 Item Reed Enterprises, Inc Conditional USt PerMlt 985 Chimney Dill Parkwav District Rose lull January 8 003 CONSENT Dorothy Wood The next item is Item #9 Reed Enterprises It s an application of Reed Enterprises for a Conditional Use Permit for gasoline sales ,rith a convenience store at the corner of Holland and Chimney Hill Parkway This is located in the Rose Hall District and it has eight conditions Roger Pope Good afternoon My name is Roger Pope of Land Design and Development We re the consultants for the applicant The eight conditions are acceptable Dor thv Wood Is there any opposition to Item #9 Reed Enterprises' I would move to approve this item on the Consent agenda number 9 with eight conditions No opposition Ronald Fapley We have a motion to approve the Consent agenda for the item so read Do I have a second' Eugene Crabtree 111 second it Ronald ld Ripley Seconded by Gene Crabtree Dot would you like to have some discussion" Dor nth Wood Yes Mr Din would you please explain Item William Din Item #9 involves an existing fuel/gas station facility that currently has existing gas pumps and an attendance shed bemeen the gas pumps Thi is being removed and we felt hke the improvements the applicant was making in this area eras aoina to greatly improve the views from Holland Road and Chirnmev Hill area It was aesthetic improvement which will help that area immensely We had no questions o that and placed it on the Consent aoenda Ronald Ripley Also I need to disclose that I don t have a financial interest in this item Reed Enterprises but I do awn property that is across the street from this This is ar senior housing community but there s no conflict but I just panted to disclose that to the Commission and the public Okay we have a motion and a sewed and unless there is other discussion on the motion, I d like to call for a vote Yes � Item # Reed Enterprises, Inc Page 2 Ed Weeden Mr Ripley you re not abstaining from nine" Ronald Ripley I m not abstaining frorn nine AYE 10 NAY 0 RA TREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RI LEY AYE SALLE' AYE STRANGE WE WOOD AYE AS 0 ABSENT Ronald Ripley By a Grote of I -o the motion passes R APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS U IL THE PLANNING COUNCIL UNFINISHED BUSINESS m NNN BUSINESS ICI ADJOURNMENT