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APRIL 11, 2006 AGENDACITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 3 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- LESLIEL. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC I. BUDGET WORKSHOP CITY COUNCIL AGENDA 11 April 2006 Conference Room 1. 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW Catheryn Whitesell, Director, Management Services 2. COMPENSATION Fagan Stackhouse, Director, Human Resources II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com 1:30 PM 4:30PM V. FORMAL SESSION Council Chamber 6:001'M A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend James E. Parke Pastor Church of the Ascension and Church of the Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMER.ICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 4, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS LEASE OF CITY PROPERTY 1. Dolphin Run Condominium Association 2. deWitt Cottage I. CONSENT AGENDA J. RESOLUTIONS 1. Resolution directing the City Manager to INCREASE the net worth limitations re Tax Exemption Program for the Elderly to the maximum permitted by the Code of Virginia 2. Resolution to GRANT a third extension to respond to the City's request for Formal Renewal Proposal re the City's Cable Franchise with Cox Communications of Hampton Roads, LLC 3. Resolution to ESTABLISH a Tax Deferral Task Force to serve in an advisory capacity to City Council 4. Resolution to APPOINT Alexander W. Stiles as an Associate City Attorney, effective April 17, 2006 K. ORDINANCES 1. Ordinances to AUTHORIZE temporary encroachments into City property: a. JAMES A. and JEAN W. ALEXANDER to maintain a fence, wooden walkway and deck at 2411 Ketch Court (DISTRICT 6 — BEACH) (Deferred April 4, 2006) b. VINCENT J. and SUSAN T. MASTRACCO to maintain an existing masonry wall, concrete generator pad and generator at 8404B Ocean Front Avenue (DISTRICT 6 -BEACH) 2. Ordinances to AUTHORIZE the City Manager to execute leases of City -owned property: a. BACK BAY WILDFOWL GUILD for the deWitt Cottage at 1113 Atlantic Avenue b. DOLPHIN RUN CONDOMINIUM ASSOCIATION area for overflow parking at 3rd Street and Atlantic Avenue 3. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Giovanni's, Inc., and RENEW franchises for Cabana Cafe, LLC; Beachside, LLC t/a Yacht Club Cafe, and BBH Corporation t/a 18t6 Street Cafe L. PLANNING 1. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a Chan e o Zoning District Classification from AG-1 Agricultural to Conditional R-10 at Chestnut Oak Way (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CELEBI and M. SELIM OZIC for a Change of Zoning District Classification from AG-2 Agricultural to Conditional R-7.5 Residential at 1247 Culver Lane (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Application of KINGDOM BUILDING WORSHIP for a Conditional Use Permit re a church at 928 Commonwealth Place (DISTRICT 1— CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of CITY OF VIRGINIA BEACH to AMEND §502 of the Zoning Ordinance re front yard setbacks for lots fronting on the east side of Sandfiddler Road. RECOMMENDATION: APPROVAL M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE OCEANA LAND USE CONFORMITY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Agenda 4/11/06 St %Nww.vbeov.cow If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 MAY 29 2006 CITY COUNCIL SESSIONS CANCELLED RE COUNCILMANIC ELECTION 2006 BUDGET SCHEDULE April 11(Workshop) Council Conference Room April 18 (Workshop) Council Conference Room April 20 (Workshop) Convention Center at 3:00 p.m. April 20 (Public Hearing) Bayside High School at 6:30 p.m. April 25 (Workshop) Council Conference Room April 25 (Public Hearing) Council Chamber at 6:00 p.m. May 3 (Reconciliation Workshop) Council Conference Room at 3:00 p.m. May 9 (City Council Action) Council Chamber I. BUDGET WORKSHOP Conference Room 1. 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW Catheryn Whitesell, Director, Management Services 2. COMPENSATION Fagan Stackhouse, Director, Human Resources II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS 1:30 PM IV. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:30PM V. FORMAL SESSION Council Chamber 6:00PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend James E. Parke Pastor Church of the Ascension and Church of the Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 4, 2006 G. AGENDA FOR FORMAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS LEASE OF CITY PROPERTY 1. Dolphin Run Condominium Association 2. deWitt Cottage PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned prop- erty for the following parcels on Tuesday April 11, 2006 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Munici- pal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following parcels: 1 0.09 acres of land to Dolphin Run Condominium Association, Inc. ® 1113 Atlantic Avenue (deWitt Cottage) to Back Bay Wildfowl Guild If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427 4303; Hearing impaired, call TDD only 427-4305 (TDD Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Vir- ginia Beach Municipal Center. The Facilities Manage- ment Office telephone number is (757)385 8234. Ruth Hodges Smith, MMC City Clerk Beacon April 2, 2006 14877365 I. CONSENT AGENDA J. RESOLUTIONS 1. Resolution directing the City Manager to INCREASE the net worth limitations re Tax Exemption Program for the Elderly to the maximum permitted by the Code of Virginia 2. Resolution to GRANT a third extension to respond to the City's request for Formal Renewal Proposal re the City's Cable Franchise with Cox Communications of Hampton Roads, LLC 3. Resolution to ESTABLISH a Tax Deferral Task Force to serve in an advisory capacity to City Council 4. Resolution to APPOINT Alexander W. Stiles as an Associate City Attorney, effective April 17, 2006 U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Increase the Income Limitations for the Tax Exemption Program for the Elderly to the Maximum Amounts Permitted by the Code of Virginia MEETING DATE: April 11, 2006 ■ Background: The City currently provides tax relief to the elderly and permanently disabled through tax deferral, tax freeze, and tax exemption programs. To qualify for the City's tax deferral or tax freeze programs, elderly and disabled persons may not have net financial worth in excess of $179,500. To qualify for the City's tax exemption program, elderly and disabled persons may not have net financial worth in excess of $200,000. Real estate assessments have increased rapidly over the past few years, and this has resulted in increased tax liabilities for property owners. Increased tax liabilities burden those on fixed incomes, including the elderly and disabled. ■ Considerations: The General Assembly recently amended section 58.1-3211 of the Code of Virginia to authorize the City to increase the net worth limitation to $350,000 for the tax relief programs for the elderly. The Governor is expected to sign it into law. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager: 1 REQUESTED BY COUNCILMEMBERS REEVE, MADDOX AND 2 VILLANUEVA 3 4 5 6 A RESOLUTION DIRECTING THE CITY MANAGER 7 TO INCREASE THE NET WORTH LIMITATIONS FOR 8 THE TAX EXEMPTION PROGRAM FOR THE ELDERLY 9 TO THE MAXIMUM AMOUNTS PERMITTED BY THE 10 CODE OF VIRGINIA 11 12 WHEREAS, real estate assessments have increased rapidly over 13 the past several years; and 14 WHEREAS, increased assessments have resulted in increased 15 tax liabilities for property owners; and 16 WHEREAS, increased tax liabilities burden those on fixed 17 incomes, including the elderly and disabled; and 18 WHEREAS, the General Assembly has authorized local governing 19 bodies to provide tax relief for the elderly and disabled; and 20 WHEREAS, the City of Virginia Beach currently provides tax 21 relief to the elderly and disabled in an amount less than the 22 maximum amount permitted by the General Assembly. 23 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That the City Manager is hereby directed to increase in the 26 fiscal year 2006-07 proposed budget the net worth limitations 27 for the real estate tax exemption program for the elderly to the 28 maximum amount permitted by the Code of Virginia. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia on the day of 2006. APPROVED AS TO CONTENT: Management Services CA-9974 R3 X:\PA\GG\OrdRes\Elderly Exemption Ord April 4, 2006 APPROVED AS TO LEGAL SUFFICIENCY: City Attorne 's Office P CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Granting Cox Communications of Hampton Roads, LLC a Third Extension to Respond to the City's Request for Formal Renewal Proposal Regarding the City's Cable Franchise MEETING DATE: April 11, 2006 ■ Background: The Cable Television Franchise Ordinance between Cox Communications of Hampton Roads, LLC ("Co)e') and the City expires on May 16, 2006. In an effort to enter into a renewal agreement, by resolution dated November 22, 2005, City Council authorized the City Manager to issue a Request for Formal Renewal Proposal to Cox. Pursuant to the formal renewal process set forth in 47 U.S.C. §546, the City may establish a date by which Cox must issue a response to the Request for Formal Renewal Proposal. The original deadline for Cox to issue a response was January 23, 2006. On January 24, 2006, Council adopted a resolution extending the deadline for Cox to issue a response until February 28, 2006. On February 28, 2006, Council adopted a second resolution extending the deadline for Cox to issue a response until April 24, 2006. Based upon recent negotiations between the City and Cox, it appears likely that the parties will be able to execute a mutually satisfactory cable franchise agreement prior to the May 16, 2006 expiration of the current franchise. ■ Considerations: In an effort to allow informal negotiations to proceed, Cox has requested a third extension of deadline to issue a response to the Request for Formal Renewal Proposal. This resolution will extend said deadline until June 15, 2006. ■ Public Information: To be advertised in the same manner as other items on Council's agenda. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: ComIT City Manage . k 1 A RESOLUTION GRANTING COX 2 COMMUNICATIONS OF HAMPTON ROADS, 3 LLC A THIRD EXTENSION TO RESPOND 4 TO THE CITY'S REQUEST FOR FORMAL 5 RENEWAL PROPOSAL REGARDING THE 6 CITY'S CABLE FRANCHISE 7 WHEREAS, the Cable Television Franchise Ordinance between 8 Cox Communications of Hampton Roads, LLC ("Cox") and the City 9 expires on May 16, 2006; and 10 WHEREAS, in an effort to enter into a renewal agreement, by 11 resolution dated November 22, 2005, City Council authorized the 12 City Manager to issue a Request for Formal Renewal Proposal to 13 Cox; and 14 WHEREAS, pursuant to the formal renewal process set forth 15 in 47 U.S.C. §546, the City may establish a date by which Cox 16 must issue a response to the Request for Formal Renewal 17 Proposal; and 18 WHEREAS, the original deadline for Cox to issue a response 19 was January 23, 2006; and 20 WHEREAS, on January 24, 2006, Council adopted a resolution 21 extending the deadline for Cox to issue a response until 22 February 28, 2006; and 23 WHEREAS, on February 28, 2006, Council adopted a second 24 resolution extending the deadline for Cox to issue a response 25 until April 24, 2006; and 26 WHEREAS, based upon recent negotiations between the City 27 and Cox, it appears likely that the parties will be able to 28 execute a mutually satisfactory cable franchise agreement prior 29 to the May 16, 2006 expiration of the current franchise; and 30 WHEREAS, in an effort to allow informal negotiations to 31 proceed, Cox has requested a third extension of deadline to 32 issue a response to the Request for Formal Renewal Proposal. 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH: 35 That City hereby extends the deadline for Cox to respond to 36 the City's Request for Formal Renewal Proposal until June 15, 37 2006. 38 Adopted by the City Council of Virginia Beach, Virginia on 39 this day of APPROVED AS TO CONTENTS: ' C ComIT 2006. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA9975 H:\PA\GG\OrdRes\Proposed\Cox Amendment Res III R-2 April 5, 2006 4 p` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Tax Deferral Task Force MEETING DATE: April 11, 2006 ■ Background: Tax assessments in the City have increased rapidly over the past several years. The increased assessments have resulted in increased tax liabilities. The Code of Virginia authorizes the City to adopt a program allowing a taxpayer the option of deferring the portion of real estate taxes that exceed 105% of the real estate taxes on the property owned by the taxpayer in the previous tax year. The City may adopt a higher minimum percentage increase figure. The program may apply to all property or may be limited to real estate owned by and occupied as the sole dwelling of the taxpayer. The City is required to charge interest on amounts deferred, and the interest rate must be set by City Council in an amount not to exceed a rate established in the Internal Revenue Code. A comprehensive analysis of the impact of such a program would assist City Council in making an informed decision about its implementation. ■ Considerations: The resolution would establish a Tax Deferral Task Force to advise City Council regarding the implementation of a tax deferral program. Members of the Tax Deferral Task Force will be appointed by City Council. The Tax Deferral Task Force would study the impacts of a possible tax deferral program; determine what, if any, effect a tax deferral program may have on special tax districts and the school revenue sharing formula; and analyze the effect on revenues to the City if a tax deferral program is established, including how the revenue would be replaced. The Tax Deferral Task Force also would recommend whether the City should implement a tax deferral program and, if so, what the threshold amount of tax increase should be for participation in the program, the appropriate interest rate for the program, and whether the program should apply to all property or should be limited to real estate owned by and occupied as the sole dwelling of the taxpayer. It would report its findings to City Council no later than May 1, 2006. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Requested by: Councilmembers Wilson & McClanan City Manager: 1 Requested by Councilmembers Rosemary Wilson and Reba 2 McClanan 3 4 A RESOLUTION ESTABLISHING A TAX 5 DEFERRAL TASK FORCE 6 WHEREAS, the City real estate tax assessments have 7 increased rapidly over the past several years; and 8 WHEREAS, the increased assessments have resulted in 9 increased tax liabilities for property owners; and 10 WHEREAS, the General Assembly has authorized local 11 governing bodies to provide for the deferral of amounts 12 exceeding 105 percent of the real estate tax on property owned 13 by a taxpayer in the previous tax year; and 14 WHEREAS, a comprehensive analysis of the impact of the real 15 estate tax and of a potential tax deferral program under section 16 58.1-3219 of the Code of Virginia would assist City Council in 17 making informed decisions about the implementation of a tax 18 deferral program. 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That City Council hereby establishes the Tax Deferral 22 Task Force (the "Task Force"); 23 2. That the members of the Task Force shall be appointed 24 by City Council; 25 3. That the Task Force shall serve in an advisory 26 capacity to City Council; 27 4. That the Task Force shall: 28 a. study the impacts of a possible tax deferral 29 program on citizens; 30 b. determine what, if any, effect a tax deferral 31 program may have on special tax districts and the school 32 revenue sharing formula; and 33 c. analyze the effect on revenues to the City if a 34 tax deferral program is established, including how the 35 revenue would be replaced; and 36 d. recommend whether the City should implement a tax 37 deferral program and, if so, what the threshold amount of 38 tax increase should be for participation in the program, 39 the appropriate interest rate for the program, and whether 40 the program should apply to all property or should be 41 limited to real estate owned by and occupied as the sole 42 dwelling of the taxpayer. 43 5. That the Task Force shall report its findings to City 44 Council no later than May 1, 2006. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia on the day of , 2006. Approved as to Legal Sufficiency: City Attorney s Office CA9976 X:\PA\GG\OrdRes\Tax Deferral Task Force RES.doc April 4, 2006 R2 CITY OF VIRGINIA BEACH AGENDA ITEM - ---------------- ------------ ITEM: A Resolution Appointing Alexander W. Stiles to the Position of Associate City Attorney MEETING DATE: April 11, 2006 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: The Resolution appoints Alexander W. Stiles as an Associate City Attorney, effective April 17, 2006. ■ Recommendations: It is recommended that City Council adopt the attached resolution. Mr. Stiles will be working in the Real Estate Section of the City Attorney's Office. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney (to City Manager: 1 A RESOLUTION APPOINTING ALEXANDER W. 2 STILES TO THE POSITION OF ASSOCIATE 3 CITY ATTORNEY 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That pursuant to § 2-166 of the City Code, Alexander W. 8 Stiles is hereby appointed to the position of Associate City 9 Attorney, effective April 17, 2006. 10 Adopted by the Council of the City of Virginia Beach, 11 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA-9977 X:\PA\GG\OrdRes\AppointStiles RES R-1 April 6, 2006 K. ORDINANCES 1. Ordinances to AUTHORIZE temporary encroachments into City property: a. JAMES A. and JEAN W. ALEXANDER to maintain a fence, wooden walkway and deck at 2411 Ketch Court (DISTRICT 6 — BEACH) (Deferred April 4, 2006) b. VINCENT J. and SUSAN T. MASTRACCO to maintain an existing masonry wall, concrete generator pad and generator at 8404B Ocean Front Avenue (DISTRICT 6 -BEACH) 2. Ordinances to AUTHORIZE the City Manager to execute leases of City -owned property: a. BACK BAY WILDFOWL GUILD for the deWitt Cottage at 1113 Atlantic Avenue b. DOLPHIN RUN CONDOMINIUM ASSOCIATION area for overflow parking at 3`d Street and Atlantic Avenue 3. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Giovanni's, Inc., and RENEW franchises for Cabana Cafe, LLC; Beachside, LLC t/a Yacht Club Cafe, and BBH Corporation t/a 181h Street Cafe - 23 - Item V.1.3.a. RESOL UTION/ORDINANCES ITEM #55085 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of April 11, 2006: Ordinance to AUTHORIZE temporary encroachments: JAMES A. and JEAN W. ALEXANDER to maintain a fence, wood walk and deck within the five foot (5 ) portion of the City s Easement at 2411 Ketch Court (DISTRICT 5 — LYNNHA VEN) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 CHESAPEAKE BAY 1590-21-3134 SPINN RCr 7, m-1 Ck � n 2 = D �o SHORE AVE OCR z n m z m -i n c� o 7� m Q m 2 �m rn � r Q 7G ' LOCATION MAP SNOB pR. ENCROACHMENT REQUEST FOR JAMES A. ALEXANDER, JR. AND JEAN W. ALEXAN D E R GPIN 1590-21-3134 SCALE:1" = 200' VrTrw nrni iu i c PREPARED BY P/W ENG. CADD DEPT. OCT. 24, 2005 u sit r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachments requested into a portion of the City's ten -foot (10') pedestrian beach access, utility and drainage easement on 2411 Ketch Court by the property owners, James A. Alexander, Jr. and Jean W. Alexander. MEETING DATE: April 11, 2006 ■ Background: Mr. and Mrs. Alexander, owners of 2411 Ketch Court, have requested an encroachment agreement to allow a fence, a wooden walkway, a wood deck and a bench within the City's beach access easement (the "Easement") located adjacent to their property. These are existing encroachments that have been located within the Easement for at least 25 years. This item was deferred at April 4, 2006 Council meeting. The City became involved in this issue in response to a complaint from the adjacent property owners, Mr. and Mrs. Carrick, who live at 2410 Whaler Court. In 2004, the Carricks had a survey performed on their property and discovered that the majority of the City's sidewalk for the beach access was located on their property, outside of the City's Easement. Concerned with liability issues and also wanting to utilize all of their property, the Carricks requested that the City remove the sidewalk from their property as soon as possible. The City Attorney has confirmed that the sidewalk should be relocated within the Easement immediately. Neighborhood residents would like this heavily used beach access to remain. Given the need to relocate the walkway within the Easement, there is also an opportunity to upgrade the current beach access walkway to a standard of 5 feet width. Relocating the sidewalk into the Easement will require the applicants, Mr. and Mrs. Alexander, to remove their existing encroachments. The applicants believe they were treated unfairly, and they have applied to allow their encroachments to remain. ■ Considerations: Staff has unsuccessfully attempted to work a compromise with the applicants on their encroachment request. To allow the applicants to keep the bench and deck in the Easement would prevent properly reinstalling the sidewalk. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Once the new beach access sidewalk is constructed within the Easement, allow Mr. and Mrs. Alexander to revise their encroachment application for permission to construct and maintain a fence, deck and bench that do not interfere with the new sidewalk. Abandon the Easement at this location and allow Mr. and Mrs. Alexander to maintain their current encroachments. If this is done, access to the beach would be available at Whaler and Ships Watch Courts and Ketch and Spinnaker Courts. ■ Recommendations: City staff has reviewed the requested encroachments and has recommended denial at this time because the encroachments hinder the construction of the new sidewalk for beach access within the Easement. The encroachments also cause potential hazard to citizens attempting to access the beach. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map. Recommended Action: Denial of the ordinance. Submitting Department/Agency: Public Works/Real Estate L� City Manager: I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF THE CITY'S 6 PEDESTRIAN, UTILITY AND 7 DRAINAGE EASEMENT LOCATED AT 8 2411 KETCH COURT BY JAMES A. 9 ALEXANDER, JR. AND JEAN W. 10 ALEXANDER, THEIR HEIRS, 11 ASSIGNS AND SUCCESSORS IN 12 TITLE 13 14 WHEREAS, the City of Virginia Beach has a ten -foot (101) 15 easement (the "Easement") across private property for (1) 16 pedestrian access to Chesapeake Beach, (2) utilities, and (3) 17 drainage, which Easement is centered on the property line 18 between 2411 Ketch Court and 2410 Whaler Court in Virginia 19 Beach, Virginia. 20 WHEREAS, James A. Alexander, Jr. and Jean W. Alexander 21 desire to maintain a fence, wood walk and wood deck within the 22 five-foot (51) portion of the Easement located on the property 23 known as 2411 Ketch Court. 24 WHEREAS, City Council is authorized pursuant to H 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 26 authorize temporary encroachments upon the City's easements 27 subject to such terms and conditions as Council may prescribe. 28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That pursuant to the authority and to the extent thereof 31 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 32 as amended, James A. Alexander, Jr. and Jean W. Alexander, their 33 heirs, assigns and successors in title are authorized to 34 maintain temporary encroachments for a fence, wood walk and wood 35 deck in the City's Easement as shown on the map marked Exhibit 36 "A" and entitled: "PHYSICAL SURVEY OF LOT-8; BLOCK - B CORRECTED 37 PLAT SHOWING RESUBDIVISION OF LOTS 4 & 5 & 8 BLOCK "B", SECTION 38 II CHESAPEAKE BAY SHORES VIRGINIA BEACH, VIRGINIA FOR JAMES A. 39 ALEXANDER, JR. & JEAN W. ALEXANDER," a copy of which is on file 40 in the Department of Public Works and to which reference is made 41 for a more particular description; and 42 BE IT FURTHER ORDAINED, that the temporary encroachments 43 are expressly subject to those terms, conditions and criteria 44 contained in the Agreement between the City of Virginia Beach 45 and James A. Alexander, Jr. and Jean W. Alexander (the 46 "Agreement"), which is attached hereto and incorporated by 47 reference; and 48 BE IT FURTHER ORDAINED, that the City Manager or his 49 authorized designee is hereby authorized to execute the 50 Agreement; and 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 52 effect until such time as James A. Alexander, Jr. and Jean W. 2 53 Alexander and the City Manager or his authorized designee 54 execute the Agreement. 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the day of , 2006. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM g,anL� CAZW,10, r t SltaNATURE CITY ATTORNEY PIS RFsd��. DEPARTMENT CA9705 PREPARED: 3/15/06 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9705 Alexander.doc 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 29th day of December , 2005 _, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation., Grantor, "City", and JAMES A. ALEXANDER, JR_ AND JEAN W. ALEXANDER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Section 2, Block B, Lot 8, as shown on that certain plat entitled: "CORRECTED PLAT SHOWING RESUBDIVISION OF LOTS 4 & 5 & 8 BLOCK "B", SECTION II CHESAPEAKE BAY SHORES LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 127, at page 49, and being further designated and described as 2411 Ketch Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain a fence, wood walk and wood deck, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's existing ten -foot (10') pedestrian beach access, utility and drainage easement located on the boundary between 2411 Ketch Court and 2410 Whaler Court "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1590-21-3134 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT-8; BLOCK - B CORRECTED PLAT SHOWING RESUBDIVISION OF LOTS 4 & 5 & 8 BLOCK `B", SECTION II CHESAPEAKE BAY SHORES VIRGINIA BEACH, VIRGINIA FOR JAMES A. ALEXANDER, JR. & JEAN W. ALEXANDER," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) 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, da- mages, losses 2 and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within ]'he Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deerned necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) clays written notice to the City prior to the cancellation or termination of, or material change to, any of J 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 Temporary Encroachment must conform to the minimum setbacks 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, certified 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 either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James A. Alexander, Jr. and Jean W. Alexander, the said Grantee has caused this Agreement to be executed by his/her/their signature. Further, that 4 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. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ames A. Alexander, Jr. 77 Jean W. Alexander STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200by DESIGNEE OF THE CITY MANAGER. My Commission Expires: CITY MANAGER/AUTHORIZ]ED Notary Public c J STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by RUTH HODGE S SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF 111��'9 i t)i U_ CITY/Cet'N Y OF vi dch_, to -wit: The foregoing instrument was acknowledged before me this Zgth day of Dec emlo,o_r , 2005 , by James A. Alexander, Jr. an2�� W. Alexander. "M otary Public My Commission Expires: 9/3I/0(. APPROVED AS TO CONTENTS c. SI ATURE Ph) W DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND tf), 011-1 X:\Projects\Encroachments\Applicants\Alexander, James, et ux - Ketch Court-rb\Agreement Encroachment. Frm. doe 19564 wigg w727 THIS DEED OF BARGAIN AND SALE, Made this 17th day of July, 1978, by and between CHESAPEAKE BAY SHORES, LTD., a Virginia Corporation, party of the first part, and JAMES A. ALEXANDER, JR. and JEAN W. ALEXANDER, husband and wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and the other good and valuable considerations hereof, the receipt of which is hereby acknowledged, the said party of the first part does hereby grant and convey, with General Warranty and the English Covenants of title, unto the parties of the second part as tenants by the entireties with the right df survivorship as at common law, the following described property, to -wit: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, being known, num- bered and designated as Lot 8, Block B, as shown or. that certain plat entitled "Resubdivision of Lots 4 S ° S 8, Block "B", Section 11. Chesapeake Bay Shores, Lynnhaven Borough, Virginia Beach, Virginia", Scale 1" - 40' dated May 22, 1978, made by George F. Hoggard and Associates, Inc., Engineers -Planners -Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Bock 127, at page 49. IT BEING a part of the same property conveyed unto the party of the, first part by deed of Exchange from Lake George Corporation, dated May 9, 1977, and which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1663, at page 475. This conveyance is made expressly subject to the conditions, restric- tions and easements, if any of record constituting constructive notice which have not expired or otherwise become ineffective. IN WITNESS WHEREOF, Chesapeake Bay.Shores, Ltd., a Virginia Corporation, by its President has signed this instrument this7,e)1�1% day of July, 1978. CHESAPEAKE BAY SHORES, LTD. ..z David B. Oglesby, Jr.,,'3residE!t� STATE OF VIRGINIA CITY OF 0 A e , to -wit: The foregoing instrument was acknowledged before me this 2e#day of July, 1978, by DAVID B. OGL•ESBY, JR., President of Chesapeake Bay Shores, Ltd.; a Virginia Corporation. Notary P lic My commission expires: ✓_—f�_'�7�6�7.........it,..,,,a_,,,�,�rt,�.,.,..,�..i!�' L�_:._.`1.�...... eS�S�!' }Z.T�-r. :.e^�c �h.: .are�r.4� .:�.i kr�+0., I�►. per. 0W r tir P044 v+ Af► K&W-4-4 AYE d . o i'.T':Zi' G) 6 V $I I I Wicm O Q aj o N a 2Wa co a= O z a i m eD �vad rrraovv sarvII.I.- 0 z C5 0 O ¢ w = J 1! l q /'D'r ,(7311W/X02'CdV U Z_ O_ I- } m wo'... 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'1e'eS s'e0•ea ,y pp�y0 ,00%LT M•,00,6t�yB i' �OL°7 .3fIN3Ad NV300 YH Q e � t 2 a \ h aW�h2Q;' YY k2Y�VLO� 4 I' W ��*p g23�W^b ��02 $W°�lii �F��Q,w�y$ 0 V kya�� m uvhQ ��. Zwalk a2q i !i:0 k�1ti�21ok in 3! = F �> 0x0It t-Z fl�a,3��M. p��aa �h a `� 4�vlvh�i �.w OVry�V°Z�S14h 47ZN 6iR�hwv i O� a 4l`4 m tip<J Zoo 3 hF� "` 1,4- , VVS er y -N o .�h`-f ''q a 3V�V v0, °v 2 - ;t� \ �V �Vhti4Q2 Vo p �arQ�� Q�Nk ri u4V,WahtiW oo Y � \ �► � �wW�t��o i�Wi pa°��2 e��e h��Zh�Q��ori Q ao zs kp�3a Jati i m�� h�oakh�wh ��w t ( r O= v ` J O�OV Op�p� �Q�j�Lh06y1 �`-vA ha �e 3AIId0 3a0NS - z � m THIS AREA HAS BEEN CONVEYED TO THE CITY Exhibit "A" U — U OF VIRGINIA BEACH, VIRGINIA FOR USE —� PERPETUALLY AND SOLELY AS A PUBLIC —,BATHIN G BEACH_ APPROXIMATELY 34,146 SQ. FT. THIS IS TO CERTIFY THAT I ON 11 /28/05 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE SHOWN ON THIS PLAT. THE 84"39'00" E BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER 38.75' BUILDINGS ON THE PROP EXCEPT AS SHOWN. SIGNED�,�-� STEPS NOTES BEAC 1) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS CROSS FOUND d•NAIL SET THAT MAY AFFECT SAID PROPERTY AS SHOWN. ® 120. 7' 1 10 105.17' 2) ROOD do SMITH, P.C. IS NOT A PARTY IN DETERMINING THE CONC. BULKHEA REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN W NC. B HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WOOD� WILL NOT BE SUBJECT TO FLOODING. FOR FURTHER INFORMATION, pO ,_ DECK' 7 CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL O ~' 5306.3 S.F:N 3) A FIVE FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED) ALONG cln Q AND ADJACENT TO ALL SIDE AND REAR LINES OF ALL LOTS, EXCEPT 24.9' WHERE BUILDINGS ADJOIN PROPERTY LINE, HAS BEEN DEDICATED TO Q O I 0.2' 0.4' THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE INSTALLATION m FENCE AND/OR MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES. Ld \Yuj (TYP.) _ PHYSICAL SURVEY Z Q g CHIMNEY O O p OFp n p Q J WOOD 0 2 i' # 2411 CORRECop TED PLAT SHOWING ROES BDIVIS ON OF �, 2—STY. FR. ro LOTS 4& 5 8c 8 W WALK o = O ^o' O BLOCK "B", SECTION II tU vl CHESAPEAKE BAY SHORES 5 VIRGINIA BEACH, VIRGINIA Q I 0.4' JAMES A. ALEXANDER, JR. 10' PEDESTRIAN 0.9 �97' �0 11B n — FE SE ENTUTILITY JEAN W. ALEXANDER ACCESS UTILITY & DRAINAGE ° FLOOD ZONE INFORMATION EASEMENT TREE ACCORDING TO F.E.M.A.'S FLOOD CONC. IO 10' EASEMENT INSURANCE RATE MAP (F.I.R.M.), ELECTRIC C & G. N FFOR HIGHWAY THE PROPERTY SHOWN HEREON APPEARS TRANSFORMER 9ATNTENANCE TO FALL WITHIN FLOOD ZONE(S) "VE" LIGHT POLE 33.75 DRILL HOLE SET COMMUNITY -PANEL NO. 515531 0005 E TREE R LL p MAP REVISED: 12-5-96 HOLE 84*39'00" W BASE FLOOD ELEVATION = 12 & 13 TREE ET S 05'21'00" E PIN F u 15.00 GRAPHIC SCALE S 84*39'00" o DRILL HOLE FOUND 0 12.5 25 50 75 5.0 ' KETCH COURT { 95.50' '-�- SCALE: 1 "=25' DRAWN BY: JS DATE: 11 28 05 F.B. 846 PG. 76 REF: VA BEACH M.B. 127. PG. 49 Zo ;ARTHUR L. ROOD 5 3 ROOD & SMITH P.C. �� . 2 LAND SURVEYORS 1 y13 O S k \ �01 -. ,:y�� 5737 BARTEE STREET TEL : 757.466.1111 OCEAN AVENUE wry, NORFOLK,VA 23502 FAX: 757.466.9384 59,227 z o W p i d U 0 a Z� - Z W W 3 o— U Y o p� �It$ Q Z kfl Z wX p Cn Q % 0I5 O O Y m m� O w W 3 o oLL W OO Lu 0 0_ o o_ 3 3 x u d I 2 v v -U O Z p U Ud m - g�---- L1L L a W W W Cj W W a 1= -- I -- I I I o I Iz L E u I I =aQ I— —IEl------------ -------I w —�-- I I I I I I lb I � I t64 I I f58 I' I IW KO f S y 3£ 6 /fig lu 4 Nil w to %`" to CZ v & Tot sm-I'dVAIN J s a IMES o r .::a Li f.v �- i iC r ��.� /� .• % / s \ > 1 BEACH Z Now or Formerly Now or Formerly City of Virginia Beach City of Virginia Beach -- — - - — - — - - - CENTERLINE 10' PEDESTRIAN ACCESS;, UTILITY 5'. 5', AND DRAINAGE EASEMENTI I I � Now or Formerly Edwin B. Dean Jr. and Deirdre J. Dean i WHALER COURT Now or Formerly Norman W. & Bernadette Carrick F\ Q PROPOSED 4' WIDE SIDEWALK ® EXISTING DECK TO BE REMOVED ® EXISTING SIDEWALK TO BE REMOVED Now or Formerly James A Alexander, Jr. and Jean W Alexander I i000i EXISTING FENCE TO BE REMOVED 0 EXISTING 18" PINE TO BE REMOVED C PROPERTY LINE —i a i KETCH COURT PROPERTIES ADJACENT TO WHALER COURT AND KETCH COURT FILE,~ GCMG WXAMN PEN.MNNEN-EN aVE, I/11/06 �q k.B y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Request for Temporary Encroachments into the undeveloped 150' City right of way known as Ocean Front Avenue located at the rear of 8404 B Ocean Front Avenue, from the adjacent property owners, Vincent J. Mastracco, Jr. and Suzanne T. Mastracco. MEETING DATE: April 11, 2006 ■ Background: Mr. and Mrs. Mastracco have requested permission to maintain an existing masonry wall, concrete generator pad and generator in the undeveloped City's right of way known as Ocean Front Avenue located at the rear of 8404 B Ocean Front Avenue, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. There are encroachments in Ocean Front Avenue, which is where Mr. and Mrs. Mastracco have requested to maintain the above encroachments. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Agreement, Plat and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Est`a�&� a-X City Manager. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO PORTIONS OF THE UNDEVELOPED 150' RIGHT-OF-WAY KNOWN AS OCEAN FRONT AVENUE AND LOCATED AT THE REAR OF 8404 B. OCEAN FRONT AVENUE BY VINCENT J. MASTRACCO JR. AND SUZANNE T. MASTRACCO,THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Vincent J. Mastracco, Jr. and Suzanne T. Mastracco 16 desire to maintain an existing masonry wall, concrete generator 17 pad and generator in the undeveloped 150'City right-of-way known 18 as Ocean Front Avenue and located at 8404B Ocean Front Avenue. 19 WHEREAS, City Council is authorized pursuant to §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 21 authorize temporary encroachments into the City's right-of-way 22 subject to such terms and conditions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof 26 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 27 as amended, Vincent J. Mastracco, Jr. and Suzanne T. Mastracco, 28 their heirs, assigns and successors in title are authorized to 29 maintain an existing temporary encroachment for a masonry wall, 30 concrete generator pad and generator in the undeveloped 150' 31 City right-of-way known as Ocean Front Avenue and as shown on 32 City right-of-way known as Ocean Front Avenue and as shown on 33 the map marked Exhibit A and entitled: "PLAT SHOWING 34 ENCROACHMENT OF 4' X 8' CONCRETE GENERATOR PAD WITH GENERATOR 35 and 8" MASONRY WALL LOCATED IN UNDEVELOPED 150' R/W ADJACENT TO 36 LOT 4 BLOCK 7 SECTION D CAPE HENRY M.B. 1 P. 8b VIRGINIA BEACH, 37 VIRGINIA," a copy of which is on file in the Department of 38 Public Works and to which reference is made for a more 39 particular description; and 40 BE IT FURTHER ORDAINED, that the temporary encroachments 41 are expressly subject to those terms, conditions and criteria 42 contained in the Agreement between the City of Virginia Beach 43 and Vincent J. Mastracco, Jr. and Suzanne T. Mastracco (the 44 "Agreement"), which is attached hereto and incorporated by 45 reference; and 46 BE IT FURTHER ORDAINED, that the City Manager or his 47 authorized designee is hereby authorized to execute the 48 Agreement; and 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 50 effect until such time as Vincent J. Mastracco, Jr. and Suzanne 51 T. Mastracco and the City Manager or his authorized designee 52 execute the Agreement. 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the day of , 2006. 2 PREPARED: 3/1/06 APPROVED AS TO CONTENTS �fam C. &u—um- oo S(JhNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFI IENCY FORM K�h I I Cr'VTYY 6 CA-9706 X:\Projects\Encroachments\Applicants\Mastracco - Generator Concrete pad - RB #1768\Ordinance Encroachment.Frm.doc X:IOIDIREAL ESTATEIEncroachmentsIPW OrdinancesICA9706 Mastracco.doc 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 6th day of February, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and VINCENT J. MASTRACCO, JR. and SUZANNE T. MASTRACCO, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT NESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and known as Unit B, Villa De Due La Drone Condominium. The condominium is shown on that certain plat entitled: "CONDOMINIOUM PLAT "VILLA DE DUE LA DRONE CONDOMINIUM", recorded in Deed Book 2503, at page 1822, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 8404 Ocean Front Avenue, Unit B, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an exiting masonry wall, concrete pad and generator , . "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing undeveloped 150' City right of way known as Ocean Front Avenue, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN (CITY RIGHT OF WAY — NO GPIN REQUIRED FOR OCEAN FRONT AVENUE) 2510-60-0442-0002 NOW, THEREFORE, for and in consideration of the premises and of tLe benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PLAT SHOWING ENCROACHMENT OF 4' X 8' CONCRETE GENERATOR PAD WITH GENERATOR and 8" MASONRY WALL LOCATED IN UNDEVELOPED 150' R/W ADJACENT TO LOT 4 BLOCK 7 SECTION D CAPE HENRY M.B. 1 P. 8b VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks 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, certified 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 either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of 'The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any mariner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Vincent J. Mastracco, Jr. and Suzanne T. Mastracco, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 21 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Vincent J. Mask o; r� c�. Suzanne T. Mastracco STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 200_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA N.=Wj My Commission Expires: Notary Public 5 STATE OF cimcOUNTY OF , to -wit: The foregoing instrument was acknowledged before me this ay of 200__1g, by Vincent J. Mastracco, Jr. an4.Strzanpe T. Mastracc . Notary c My Commission Expires: APPROVED AS TO CONTENTS ,fib Q�trm c & NATURE Pw )W &S�k DEPARTMENT APPROVED AS TO LEGAL S IC NCY AND FORM X:\Projects\Encroachments\Applicants\Mastracco - Generator Concrete pad - RB #1768\Agreement Encroachment.Frm.doc rol Exhibit "A" UNDEVELOPED 150' R/W M.B. 1 P. 8b 'x 8' CONCRETE GENERATOR PAD WITH GENERATOR ATLANTIC AVE. PLAT SHOWING ENCROACHMENT OF 4' x 8' CONCRETE GENERATOR PAD WITH GENERATOR and 8" MASONRY WALL LOCATED IN UNDEVELOPED 150' R/W ADJACENT TO LOT 4 BLOCK 7 SECTION D CAPE HENRY M.B. 1 P.8b VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' SEPTEMBER 22, 2005 GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 n n n c z 1 (757)428-8132 tnu ll'�,,c'L ..fir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease of City Property not in excess of five years with the Back Bay Wildfowl Guild for property located at 1113 Atlantic Avenue Virginia Beach, Virginia (de Witt Cottage). MEETING DATE: April 11, 2006 ■ Background: The City of Virginia Beach acquired the above property in 1995 from the Virginia Beach Foundation. In October 2000, the City leased the property to the Back Bay Wildfowl Guild for a five-year period, which term expired October 23, 2005. This action will renew the agreement between the City and the Back Bay Wildfowl Guild for an additional five- year period. ■ Considerations: Both the City of Virginia Beach and the Back Bay Wildfowl Guild are dedicated to preserving the historic nature of the de Witt Cottage and operating the cottage in a manner that complements the City's historic culture. The operation includes activities such as wildfowl exhibits and related special events, receptions and meetings, operation of a gift shop, and exhibiting furnishings and other items which are intended to preserve the historic nature of the cottage. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as Presented, Change conditions of the Lease Agreement or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Summary of Terms Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Management S �racilities Management Office City Manage XaOID\REAL ESTATG\LEASLiS\ DeWitt -Back Bay 2006\Agenda Request - Back Bay Wildfowl Guild.doc 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF CITY 3 PROPERTY NOT IN EXCESS OF FIVE YEARS 4 WITH THE BACK BAY WILDFOWL GUILD FOR 5 PROPERTY LOCATED AT 1113 ATLANTIC 6 AVENUE (de WITT COTTAGE). 7 WHEREAS, the City of Virginia Beach ("City") acquired the 8 de Witt Cottage property (the "Property") by deed from the Virginia 9 Beach Foundation on September 28, 1995; 10 WHEREAS, in October 2000, the City leased the property to 11 the Back Bay Wildfowl Guild (the "Guild") for a five year period, 12 which term expired October 23, 2005. 13 WHEREAS, the City's Department of Museums has determined 14 that it is in the best interest of the City, its citizens and its 15 visitors that the Guild continue to use the Property consistent 16 with the City's mission to preserve the historic nature of the 17 Property and to maintain operations and activities that complement 18 the general level of culture of the City of Virginia Beach; and 19 WHEREAS, the Guild desires to continue its use of the 20 Property consistent with the City's mission as aforesaid. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the City Manager is hereby authorized to execute a 24 lease of the Property not in excess of five years with the Back Bay 25 Wildfowl Guild in accordance with the Summary of Terms attached 1 26 hereto, and containing such other terms as are acceptable to the 27 City Manager and approved by the City Attorney. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the day of CA-9871 X:\OID\REAL ESTATE\LEASES\Dewitt\DeWitt-Back Bay 2006\wildfowl (deWitt) ordinance 2006.DOC R-1 March 28, 2006 2006. APPROVED AS TO CONTENT: Departme t of M agement Services Facilities Management.Office APPROVED AS TO LEGAL SUFFICIENCY: De I arm ryof 2 SUMMARY OF TERMS LESSOR: City of Virginia Beach. LESSEE: Back Bay Wildfowl Guild. TERM: October 23, 2005 — Midnight, October 23, 2010. RENT: One Dollar ($1.00) annually. RIGHTS AND RESPONSIBILITIES OF GUILD: • Will use the de Witt Cottage and accessory buildings located on the Leased Premises for operations and activities that preserve the historic nature of the de Witt Cottage and complement the City's historic culture. The cottage must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. • Will provide daily housekeeping services and pay for all telecommunications fees and services and other utilities, unless specified to be paid by the City. • Will provide written security procedures designed to reasonably protect the Leased Premises against damage. • Will not perform major repairs or make any alterations or improvements without the written consent of the City. • Will maintain commercial general liability insurance with limits of not less than $1,000,000.00 CSL and all risk casualty insurance, at replacement cost value and with replacement cost endorsement, covering all of the Guild's personal property, all fixtures, floor coverings, furniture and leasehold improvements installed in the cottage by or on behalf of the Guild. The Guild will also maintain Worker's Compensation insurance to the extent required by state law. RIGHTS AND RESPONSIBILITIES OF CITY: May insure or self -insure against loss/casualty of and may maintain comprehensive public liability insurance through its self-insurance program. • Will maintain and repair the Leased Premises and provide, at its sole cost and expense, utilities and services such as electricity, heating, fuel, water, sewer, waste collection and minimal weekly housekeeping services. TERMINATION: The City may terminate if the Guild fails to cure a default within 45 days after receipt of written notice of default. The Guild may terminate by providing the City 60 days written notice. X:\OID\REAL ESTATE\LEASES\Dewitt\DeWitt-Back Bay 2006\dewit*e.sum.doc a 7 SITE 4 �0 r ,i 1 i o� i 4 1r2N ST t1 � LOCATION MAP SHOWING PROPERTY TO BE LEASED TO DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC. 0 50 100 200 Feet r'—\ Prepared by P.W./Eng./Eng. Support Services Bureau 3/31/06 X:\ProjectsWRC FilesWgenda Maps\Dolphin Run Condos.mx(i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for less than five years with Dolphin Run Condominium Association, Inc. for .09 acre of City owned land located at 3rd Street and Atlantic Avenue in the City of Virginia Beach MEETING DATE: April 11, 2006 ■ Background: The Dolphin Run Condominium Association, Inc. (Dolphin Run Condominiums) would like to lease .09 acre of property from the City of Virginia Beach (the City) located at the comer of 3�d Street and Atlantic Avenue. The City recently acquired the land in the Rudee Loop area. Dolphin Run Condominiums leased this small parcel of land from the previous owners. When the City of Virginia Beach acquired this land, it was understood that Dolphin Run Condominiums desired to continue leasing the land until the City was ready to use it for future City projects. This parcel will be used by Dolphin Run to augment vehicular parking for guests staying at their establishment. The lease is for a term of four (4) months, and it has a thirty -day (30) termination clause in the event the City needs the land prior to the termination of the lease. ■ Considerations: This lease would be for a term of four months and the City has a thirty -day (30) termination option. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Summary of Terms Ordinance Location map Recommended Action: Approval Submitting Department/Agency: Management Servi�acilities Management Office City Manager. V �' L 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH DOLPHIN RUN 4 CONDOMINIUM ASSOCIATION, INC. FOR .09 5 ACRE OF CITY OWNED LAND LOCATED AT 3RD 6 STREET AND ATLANTIC AVENUE IN THE CITY 7 OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the 10 owner of .09 acre of land located at 3rd Street and Atlantic 11 Avenue in Virginia Beach, Virginia (the "Premises"); 12 WHEREAS, Dolphin Run Condominium Association, Inc. 13 ("Dolphin Run Condominium") would like to enter into a formal 14 lease arrangement with the City for the Premises shown on 15 Exhibit A; 16 WHEREAS, the Premises will be utilized as an overflow 17 parking lot for the registered guests of the Dolphin Run 18 Condominium and for no other purpose; 19 WHEREAS, Dolphin Run Condominium has agreed to pay the 20 City $4,320 for the use of this property for a four -month 21 period; 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That the City Manager is hereby authorized to execute a 25 lease for a term of less than five (5) years between Dolphin Run 26 Condominium and the City, for the Premises in accordance with 27 the Summary of Terms attached hereto and such other terms, 28 conditions or modifications as may be satisfactory to the City 29 Attorney and the City Manager. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY AND FORM Sig atu e ll"V APPROVED AS TO CONTENT Signatil ell/ r Department CA-9870 X:\OID\REAL ESTATE\LEASES\Dolphin Run S Schooner Inn\Dolphin Run 2006\Dolphin run ordinance 2006.DOC R-1 March 28, 2006 SUMMARY OF TERMS LEASE FOR THE USE OF .09 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09 acre of City property located at the corner of P Street and Atlantic Avenue TERM: May 15, 2006 through September 15, 2006 RENT: Rent shall be $4,320, payable either in a lump sum or in equal monthly installments of $1,080.00. RIGHTS AND RESPONSIBILITIES OF DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.: • Will use the Premises for overflow parking for its guests and for no other purpose. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will maintain Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the premises at any time, without prior notice, in the event of an emergency. • Will have the right to require Dolphin Run Condominium Association, Inc. to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. • Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERNUNATION: The City may terminate the Lease upon providing thirty (30) days written notice to Dolphin Run Condominium Association, Inc. X\OID\REAL ESTATEUXASESZolphm Run & Schooner Im Oolphm Run 2W6\DOLPK N RUN.SUMMARY OF TERMS.doc �m L.qq i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE GRANTING FOUR FRANCHISE AGREEMENTS FOR OPEN AIR CAFES IN THE RESORT AREA MEETING DATE: April 11, 2006 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The regulations originally prohibited sidewalk cafes on Atlantic Avenue between 15tn and 24t streets. Council adopted a resolution on March 23, 2004 establishing a pilot program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 20th and 23rd Streets. Based upon the success of the pilot program, Council adopted an ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 15t" and 20 Streets. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee is given the option of entering into a five-year franchise agreement. ■ Considerations: Giovanni's, Inc. successfully operated an open air cafe last year pursuant to a one-year franchise agreement and is seeking a five-year franchise agreement. Moreover, the following three entities have successfully operated open air cafes pursuant to five-year franchise agreements and are seeking renewal of their five- year franchise agreements: (1) Cabana Cafe, LLC; (2) Beachside, LLC, t/a The Yacht Club Cafe; and (3) BBH Corporation, t/a 18th Street Cafe. Based upon these franchisees' successful operation of open air cafes, the Convention and Visitors Bureau recommends that the franchisees be granted five-year franchise agreements to continue operating their respective open air cafes. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manager. T&h- 1 AN ORDINANCE GRANTING FOUR 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 WHEREAS, by resolution adopted November 15, 1985, City 5 Council authorized the City Manager to promulgate Open Air Cafe 6 Regulations, which have been amended from time to time, for the 7 operation of open air cafes on public property; and 8 WHEREAS, the regulations originally prohibited sidewalk 9 cafes on Atlantic Avenue between 15th and 24th streets; and 10 WHEREAS, Council adopted a resolution on March 23, 2004 11 establishing a pilot program to allow, on an experimental basis, 12 open air cafes on Atlantic Avenue between 20th and 23rd Streets; 13 and 14 WHEREAS, based upon the success of the pilot program, 15 Council adopted an ordinance on March 8, 2005 authorizing 16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 17 and 18 WHEREAS, the City Council has traditionally granted initial 19 franchises for one-year terms; and 20 WHEREAS, if an open air caf6 is successfully operated 21 during the initial one-year term, the franchisee is given the 22 option of entering into a five-year franchise agreement; and 23 WHEREAS, Giovanni's, Inc. successfully operated an open air 24 caf6 last year pursuant to a one-year franchise agreement and is 25 seeking a five-year franchise agreement; and 26 WHEREAS, the following three entities have successfully 27 operated open air caf6s pursuant to five-year franchise 28 agreements and are seeking renewal of their five-year franchise 29 agreements: (1) Cabana Caf6, LLC; (2) Beachside, LLC, t/a The 30 Yacht Club Caf6; and (3) BBH Corporation, t/a 18th Street Caf6; 31 and 32 WHEREAS, based upon these franchisees' successful operation 33 of open air caf6s, the Convention and Visitors Bureau recommends 34 that the franchisees be granted five-year franchise agreements 35 to continue operating their respective open air caf6s. 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH: 38 That the City Council hereby grants five-year franchise 39 agreements to 1) Giovanni's, Inc.; 2) Cabana Caf6, LLC; 3) 40 Beachside, LLC t/a The Yacht Club Caf6; and 4) BBH Corporation, 41 t/a 181-h Street Cafe for the. operation of open air caf6s in the 42 resort area, subject to the terms and conditions of all 43 ordinances, resolutions, and regulations applicable to open air 44 caf6s. 45 Adopted by the City Council of Virginia Beach, Virginia on 46 this day of , 2006. APPROVED AS TO CONTENTS: SUFFICIENCY: vention and Visitors reau APPROVED AS TO LEGAL -A City Attorney Office CA9935 H:\PA\GG\OrdRes\Proposed\Open air cafe Franchises ord. R-5 April 3, 2006 L. PLANNING 1. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a Change of Zoning District Classification from AG-1 Agricultural to Conditional R-10 at Chestnut Oak Way (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CELEBI and M. SELIM OZIC for a Change of Zoninz District Classi ication from AG-2 Agricultural to Conditional R-7.5 Residential at 1247 Culver Lane (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Application of KINGDOM BUILDING WORSHIP fora Conditional Use Permit re a church at 928 Commonwealth Place (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of CITY OF VIRGINIA BEACH to AMEND §502 of the Zoning Ordinance re front yard setbacks for lots fronting on the east side of Sandfiddler Road. RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April U, 2006 at 6:00 p.m. The following applications will be heard: DISTRICT 7 - PRINCESS ANNE Radhakrishna Renukunta & Kavithi Vurimindi Application: Change of Zoning District Classification from AG-1 Agricultural to Conditional R-10 Residential at the east- ern terminus of Chestnut Oak Way (GPIN 14955126640000). The Comprehensive Plan desig- nates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop single-family homes on the site. Celebi Ozic and M. Selim Ozic Application: Change of Zoning District Classification from AG-2 Agricultural to Conditional R-7.5 Residential at 1247 Culver Lane (GPIN 24153059090000). The Comprehensive Plan desig- nates this site as being part of the Primary Residential Area, suitable for appropriately located suburban resi- dential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop the site with single-family dwellings. DISTRICT 1- CENTERVILLE Kingdom Building Worship Application: Conditional Use Permit for a church at 928 Commonwealth Place (GPIN 14564296574444). CITY OF VIRGINIA BEACH Ordinance to amend Section 502 of the City Zoning Ordinance pertaining to front yard setbacks for lots front- ing on the east side of Sandfiddler Road. All citizens are invited to attend. -Z;X� - Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions. and amendments are on file and may be examined in the Department of Planning or online at hftl)://www.vhgov.com/dept/planning/b6ards/o L For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFIRCE at 427-4303. Hearing impaired, call: TDD only at 427-4305. (TDD - Telephonic Device for the Deaf). Radhaknshna Renukunta & Kavithz Vurimindx Pt - A", R-5© �-�'' < t O P-I � ��"� G - 8 AG-}'. A G} AEG-2 LJ Conditional Zoning Change: from AG-2 to R-10 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Radhakrishna Renukunta & Kavithi Vurimindi — Change of Zoning District Classification, Chestnut Oak Way (DISTRICT 7 — PRINCESS ANNE) MEETING DATE: April 11, 2006 ■ Background: An Ordinance upon Application of Radhakrishna Renukunta & Kavithi Vurimindi for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District on property located at the eastern terminus of Chestnut Oak Way (GPIN 14955126640000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: This 2.4 acre site is currently zoned AG-1 Agriculture and is located at the stubbed terminus of Chestnut Oak Way, which is surrounded by R-10 Residential zoning developed with single-family dwellings. Due to the size and location of the site and the natural resource constraints, the feasibility of a productive agricultural operation on the subject site is nonexistent. The applicant proposes to rezone the existing AG-1 zoned property to R-10 Residential District for the purpose of subdividing the property into five (5) single-family dwelling parcels. The property is located within the 70-75 dB Ldn AICUZ. Residential use is deemed to be not compatible within this AICUZ. However, the applicant has proposed a zoning district and plan, which, in Staffs opinion, can meet the intent of the recently adopted Zoning Ordinance revisions that require all rezoning requests in the AICUZ greater than 70 d6 Ldn to be the least intense and dense that is reasonable based on surrounding zoning and land use. Specifically, Section 1804 states that no application shall be approved by the City Council if the proposed use is not designated as compatible under Table 1 "unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property." It goes on to say that in such cases, the City Council may only approve the proposed use of the property at the least density or intensity of development that is reasonable." It is Staffs opinion that the R-10 Residential District passes this test. Rezoning this infill site to commercial, office or otherwise would not follow sound planning principles, as R-10 zoning is immediately adjacent, yielding approximately 3 units to developable acre. Staff believes the proposed land use, which would permit five single-family dwellings to be constructed on 2.4 acres of property, is the lowest Radhakrishna Renukunta & Kavithi Vurimindi Page 2 of 2 reasonable density given the R-10, R-7.5 and townhouse development to the west, north and south of this infill parcel. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . �- . VI RADHAKRISHNA RENUKUNTA & KAVITHI VURIMINDI Agenda Item # 10 March 8, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Radka trishm Remdanrat & K� i'wiv�i A u., Rap x ac-z ra )".W • Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District for five (5) single-family parcels. ADDRESS / DESCRIPTION: Property located at the eastern terminus of Chestnut Oak Way. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14955126640000 7 — PRINCESS ANNE 2.418 acres APPLICATION HISTORY: This application was deferred at the February 8 public hearing to provide the applicant time to revise the proposed plan. SUMMARY OF REQUEST The applicant proposes to rezone the existing AG-2 property to R-10 Residential District and subdivide the property into five (5) single-family dwelling parcels. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped, wooded, vacant site. SURROUNDING LAND North: . Open space, single-family dwellings / P-1 Preservation District, USE AND ZONING: PD-111 District South: . Undeveloped property / AG-1 Agricultural District East: . Open space / P-1 Preservation District West: . Single-family dwellings / R-10 Residential District RENUKU NATURAL RESOURCE AND The majority of the site is wooded and is located in the Southern CULTURAL FEATURES: Watersheds Management Area. The Southern Watersheds Management Area 50 foot buffer impacts portions of the site. No land disturbance is permitted within this buffer area. In addition, a portion of the site is located within the 100-year Floodplain Subject to Special Restrictions (Section 5.513 of the Site Plan Ordinance). It appears that an administrative variance to the Floodplain Ordinance will be required in order to construct homes on lots 1 and possibly 4. The administrative variance process permits up to five (5) percent of the floodplain located on the total site to be altered provided a 1:1 mitigation is provided on site. AICUZ: The site is in an AICUZ of less than 70 to 75 dB Ldn surrounding NAS Oceana. See the Evaluation section of this report for discussion. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Chestnut: Oak Way is a two lane residential subdivision street that connects with Holland Road. Traffic Engineering has no traffic count data for Chestnut Oak Way, but based upon the number of homes on Chestnut Oak Way and the streets within the subdivision that connect with Chestnut Oak Way, the daily traffic volume on Chestnut Oak Way is estimated at 400 vehicles per day. Holland Road in the vicinity of this application is a two-lane minor suburban arterial. Improvements to provide for a four lane divided facility on a 100 foot right-of-way on this section of Holland Road are planned with CIP Project 2-158. This project is scheduled to begin construction in the spring of 2008. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Chestnut Oak No Data No Data Available Existing Land Use 20 Way Available (estimated at 400 ADT) ADT Proposed Land Use 3- Holland Road 17,266 ADT' 16,200 ADT' (Level of 50 ADT Service E"" Average Daily rips s as defined by typical AG uses 3 as defined by five dwellings WATER: This site must connect to City water. There is an 8 inch City water main in Chestnut Oak Drive that terminates at the edge of the property. SEWER: City sanitary sewer service is available. Sanitary sewer and pump station analysis for pump station 571 is required to determine if flows can be accommodated. There is an 8 inch sanitary sewer main adjacent to the northern half of the site. RENUKU k VURMINDI da Item l,10- Page 2 SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Christopher Farms 748 780 1.8 2 Elementary Landstown Middle 1602 1563 1 1 Kellam High 2410" 1839 1.4 1 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). School Board has approved redistricting that will lower Kellam's membership by more than 500 students. The Comprehensive Plan identifies this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The Plan states that the Primary Residential Area strongly focuses on preserving and protecting the overall character, economic values and aesthetic quality of the stable neighborhoods located in this area. Staff is supportive of the proposal EVALUATION AND RECOMMENDATION as submitted and recommends approval as proffered. This 2.4 acre site is currently zoned AG-1 Agriculture and is located at the terminus of an existing street, presently developed with single-family dwellings on both sides and zoned R-10 Residential District. Due to the size and location of the site and the natural resource constraints, the feasibility of a productive agricultural operation is nonexistent. The property is located within the 70-75 dB Ldn AICUZ. Residential use is deemed to be not compatible within this AICUZ. However, the applicant has proposed a zoning district and plan, which, in Staff's opinion, can meet the intent of the recently adopted Zoning Ordinance revisions that require all rezoning requests in the AICUZ greater than 70 dB Ldn to be the least intense and dense that is reasonable based on surrounding zoning and land use. Specifically, Section 1804 states that no application shall be approved by the City Council if the proposed use is not designated as compatible under Table 1 "unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property." It goes on to say that in such cases, the City Council may only approve the proposed use of the property at the least density or intensity of development that is reasonable." It is Staff's opinion that the R-10 Residential District passes this test. Rezoning this infill site to commercial, office or otherwise would not follow sound planning principles, as R-10 zoning is immediately adjacent, yielding approximately 3 units to developable acre. Staff believes this is the most appropriate and least dense zoning that makes sense. The existing environmental features on the site present some development limitations. The site is encumbered by both the floodplain and the Southern Watersheds Management Area 50 foot buffer. No land disturbance is permitted within the 50 foot wide buffer. In addition, a portion of the site (32,994 square feet) is located within the Floodplain Subject to Special Restriction (Section 5.513 of the Site Plan Ordinance). It appears that five (5) single-family lots are the most that can be accommodated on this 2.418 acre site without either 1) the granting of a Floodplain Variance or 2) an unconventional configuration of lots. Staff is supportive the request to rezone the property to R-10 Residential District as proffered by the applicant. Staff firmly believes that the proper number of lots for the proposed subdivision is five (5) based on the natural resource constraints of the site. This number is further reinforced by the need for the density of the development to be the lowest reasonable based on its location within the 70-75 dB AICUZ. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed it shall be subdivided into no more than five (5) residential building lots, substantially as depicted on the "PRELIMINARY SUBDIVISION OF CHESTNUT OAK," dated January 15, 2006, and prepared by Rouse-Sirine Associates, Ltd. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: Each of the lots shall be developed with a single family residential dwelling containing no less than 2300 square feet of enclosed living area. The homes shall be substantially in conformity with one of the three front elevations designated "SINGLE FAMILY HOME ELEVATION FOR CHESTNUT OAK" (Elevations") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. STAFF COMMENTS: The proffers listed above are acceptable as the permit up to five (5) lots on the site and, due to environmental constraints and the location of the site within the 70-75 dB AICUZ, Staffs position is that this site should be developed with five (5) lots. The City Attorney's Office has reviewed the proffer agreement dated January 15, 2006, and found it to be legally sufficient and in acceptable legal form. RENUKU NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. [:14,l112,41 PROPOSED SITE PLAN a]. N OD � ;W- MEAN amis MOWN MEMO Room mm mm nmmn ■MMIN ®®mm M/ iN iT 1 12/10/91 CHANGE OF ZONING (PD-H2 with R-51D Granted overlay to P-1 2 09/08/98 CHANGE OF ZONING (AG- 1 & 2 to Granted Conditional R-10 3 03/09/99 SUBDIVISION VARIANCE Granted 4 04/10/01 CHANGE OF ZONING (AG 1 & 2 to Granted Conditional R-10 5 05/13/03 CHANGE OF ZONING (AG 1 & 2 to Granted Conditional R-5D 6 04/10/01 CHANGE OF ZONING (AG 1 & 2 to Granted Conditional R-10 7 10/22/84 CHANGE OF ZONING (R-8 to PD-1-12 with R- Granted 5D overlay) 8 11/02/87 CHANGE OF ZONING AG-1 to R-6 Granted M, DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1754 TOMCAT BOULEVARD 1ARGINA BEACH. VIRGIINIA 234eO-2191 Ms. Carolyn A. K. Smith Municipal Center Department of Planning 2405 Courthouse Drive, Building 2 Virginia Beach, VA 23456-9040 Dear Ms. Smith: N %-Ky RWER TO: 5726 Ser 33/058 January 26, 2006 Thank you for the opportunity to comment on the Conditional Rezoning Application, AG-1 to R-10, by Radhakrishna Renukunta/Kavithi Vurimindi. Chestnut Oak, a proposed six single-family home subdivision, is located in the 70-75 decibel (dB) day -night average noise zone. This site lies within the Aix Installations Compatible Use Zones (AICUZ) overlay District, established by the City of Virginia Beach, which contemplates compatible uses with Naval Air Station Oceana. The Navy's AICLTZ Program states that residential land use is generally incompatible and strongly discouraged in this zone. it the city determines that this use must be allowed and there are no other viable alternatives, the Navy recommends a noise level reduction of at least 30 dB be incorporated intolthe design and construction and full disclosure of single -event. noise levels at contract signing. It is also recommended that responsible agents representing this property contact my Comm,unity Planning Liaison Officer, Mr. Ray Firenze, should they have questions regarding the Navy's AICUZ Program, or the potential impacts from air operations on this property. Mr. Firenze may be reached at (757) 433-3158. Sincerely, capt n S. Navy Cormnanding officer Copy to: COMNAVREC MIDLANT (00/X02B) LANTDIV Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning commission z uj 2 Lu W am > a� ii di N e' 0 w 0 E CC -00 E a p Po =R Co 'x z o ri .50 0 rl 40. to 0.0 OEn 03 �O�um SON Cl�G f! —7--- rIS E 0 a - CM co to Z 3r v S 0 a 0.00mof 0C6f em (D of coi5mwmou SC law I " r Q= -ail c st za% aM,E 79 f ma :.'P 1 zz 0 cx o -5 r Vs 0 1 1 wroillul z w m ui I— (o LLJ 0 �' Ef 72 ul to, 9 Ix 7S 0 EL lu _0 Ez: 0 S :x los s im AN < V?= 0 2- LM 4rM off ra 0ac lr* W— 4n Co p'ty. CL e E Po Ic .2 rM DISCLOSURE STATEMENT-,, Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Change of Zoning District Classification Eastern terminus of Chestnut Oak Way District 7 Princess Anne March 8, 2006 REGULAR Barry Knight: Mr. Secretary, the next item to be heard. Joseph Strange: The next item is Item #10 Radhakrishna Renukunta & Kavithi Vurimindi. An Ordinance upon Application for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District located on property located at the eastern terminus of Chestnut Oak Way, District 7, Princess Anne, with two proffers. Barry Knight: Thank you. Will the applicant or representative of the applicant please come forward? Welcome sir. Please state your name for the record. Radhakrishna Renukunta: I'm Radhakrishna Renukunta. I'm the owner. Good afternoon. Barry Knight: Go ahead and proceed and tell us about your application. Radhakrishna Renukunta: We are trying for approval for a rezoning for a residential use. The land is about 21/a acres in size. We wish to build five homes. We worked with the Planning staff to come up with what was the best use for the site and we have taken their recommendation. Barry Knight: Thank you. Are there any questions? Mr. Ripley. Ronald Ripley: Just a comment. I appreciate you working with the Planning staff. The previous plan had another lot on there. You look like you reduced it. It looks like a better plan at this point. We appreciate you doing that. Radhakrishna Renukunta: Thank you. Barry Knight: Mr. Crabtree. Eugene Crabtree: Did you ever actually look at any other use for this property? You said that through Planning Department you determined this is the best use. Have you absolutely looked for any other use of this property? Radhakrishna Renukunta: Well, the little homework that I did was I spoke with the Homeowners' Association President and he had a briefing during their Homeowners' Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 2 meeting. One of my personal interests on the project was that we wanted to build a home for ourselves, my family. So, that is the idea when we started this project. After speaking with City planners, we were informed that there was a possibility to subdivide that lot and add more homes. Eugene Crabtree: So you really didn't look at any industrial uses or anything other than that on the property even though it has been determined that residential is best use for it. Radhakrishna Renukunta: Right. We're not really taking another path because the neighborhood was happy with homes being added. So, we didn't have a chance to really pursue any other approach. Eugene Crabtree: Are you aware that this is in the decibel zone between 70 & 75, which the BRAC Commission has recommended that we do not increase the density and that we do not build anything residential in this zone? Radhakrishna Renukunta: Yes sir. Eugene Crabtree: And it is still under study. The Inspector General has not given his decision on these things considering BRAC as of yet. Radhakrishna Renukunta: Well, in light of all the ongoing things, as I said, we worked with the City Planning staff to basically come up with a solution or recommendation, and that is what we have followed. Barry Knight: Are there any other questions? Thank you sir. Radhakrishna Renukunta: Thank you. Joseph Strange: Our first speaker in opposition is Michael Carey. Barry Knight: Welcome sir. Please state your name for the record. Michael Carey: My name is Mike Carey. I'm a resident of Chestnut Oak Way. I reside with my family at 2929 Chestnut Oak Way. Myself, as well as many of my neighbors at that end of the street have many concerns about this application. One, the noise level and working with the Navy. First of all, the density issues. Secondly, we are an established neighborhood. We do not know there is an immediate need for extra houses in our neighborhood. We purchased our house five years ago new. When we trusted our builder with remarks that he made that one it was a dead end street, two we were in the Kellam High School District, and neither of which we are true at this point. So we have concerns about the added density, and the extra traffic that will bring our quiet street at this point. Barry Knight: Thank you. Are there any questions? Ms. Wood. Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 3 Dorothy Wood: Mr. Crabtree mentioned industrial. I don't think you would be happy having an industrial use at the end of your neighborhood either. Would you? Michael Carey: No. We would not. In a perfect world, we would like to see it remain undeveloped at this point. We were told it was a bird sanctuary and a preserve. We trusted the builder with that when we bought the house. Dorothy Wood: He told you that he owned it? Michael Carey: I don't recall that he said he owned it. No. Again, we don't feel like there is a need for these extra houses, the extra traffic, problems that the construction traffic will bring. We all have small children in the area. Those are the reason that I oppose. Barry Knight: Are there any other questions for Mr. Carey? Thank you. Joseph Strange: Okay. The second speaker in opposition is Ashlee Morgan. Barry Knight: Welcome. Please state your name for the record. Ashlee Morgan: Hi. I hope you can hear me. I'm so tiny. Good afternoon Mr. Knight. Good afternoon Commissioners. Ed Weeden: Ma'am, identify yourself for the record. Ashlee Morgan: Oh, I'm sorry, I'm Ashlee Morgan. I'm a realtor here locally so I'm very familiar with the housing market. Of course, I'm also one of the newer neighbors to the neighborhood. I was also told that area could not be developed. We were very excited that it was going to remain a short dead end street with not a lot of homes. I think there are a few items that I would like the Commission to consider before they make a judgment on the rezoning of this property. Number one, I am sure you are aware of the Holland Road in the City, as far as the traffic that is down there. And, I know there are future plans to have that road expanded and widened but there is nothing firm yet. There have been no land acquisitions. No nothing. So, I wonder added traffic, more teenagers, more people going to and from if that is really necessary for five houses and the value, and the tax dollars, and the tax revenue that these homes will bring. The other issue that I have is the wetland issues. As you can see, part of this is in the flood zone that also encroaches on the Wetlands. And that is something to take into consideration. We can't continue to build and add these zonings on to our Wetlands and think they are going to be protected and preserved for the future because they will not. I see also in the proffer of your staff, they have a minimum square footage of 2,300 square feet for each home, however there is no maximum. I think some of the larger homes in our neighborhood are under 3,000 square feet. I think the largest are right around 2,800 square feet, so of course, I also worry that we're going to have these big box homes at the end of our street Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 4 that don't necessarily fit into the layout of the rest of our neighborhood. They are also building a neighborhood across the street from us. They are also building a neighborhood of at least 30 homes. So, I just think with the BRAC Commission, what they're doing and they're recommending building. At a certain point we have to start listening to them and honoring their recommendations. Thank you for your time. Barry Knight: Thank you. Are there any questions? Ms. Morgan, please come back. Ms. Wood has a question for you. Dorothy Wood: Since you're in real estate, what you like to see him do with his land? Ashlee Morgan: I understand that he wants to live in our neighborhood. Obviously, I wanted to live there too. There is a house for sale in the neighborhood that he could buy actually. Dorothy Wood: I mean, what do you expect him to do with this land? Ashlee Morgan: Ideally, it would be great to see him sell it to the City and have them put a park there because we have no park. In a perfect world, I could do whatever. We don't have a neighborhood park. So that would be nice. Dorothy Wood: Again, I was getting back to what Mr. Crabtree said that for other reasons you would not want industrial there. Would you rather have houses? Ashlee Morgan: Oh no. Even one house would be sufficient versus increasing the density even higher. Dorothy Wood: Thank you. Ashlee Morgan: One house would be sufficient and he could live there and have his home if he wants to be part of our neighborhood. Dorothy Wood: Thank you. Barry Knight: Mr. Ripley. Ronald Ripley: Did you look at the application on Page 8, 9 & 10 that had elevations of proposed homes? Are they not in keeping with your neighborhood or do they not even look like nice homes to you or not? Ashlee Morgan: They look like fairly reasonable homes. I have seen this builder's homes before and obviously my concern is that they're not completely. We have no all brick homes in our neighborhood now, in our subdivision. The home that he would like to build for himself, and I don't know and I haven't spoken with RK himself, but I was told was also an all brick home, which wouldn't fit into our mostly vinyl sided neighborhood. I worry, there again about the square footage. The proffer has a minimum of 2,300 square Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 5 feet but no maximum. And so there again, I worry that he is going to put a 3,200 square foot house, get set back there, and be able to build this box home on this small portion of land per each lot size. Ronald Ripley: Were you concerned about the size of the home or the value of the home? Ashlee Morgan: Of course I love house value to rise all the time. I have no problem with the house values. I have concerns with the density, the Wetland issues for him to build the houses, the BRAC Commission, and also the size of the homes he is going to build. Those are my main concerns. Ronald Ripley: Thank you. Ashlee Morgan: Thank you for your time. Barry Knight: Mr. Strange. Joseph Strange: What is the size of the lot that you live on? Ashlee Morgan: We live on a 10,000 square foot lot. So the lot size is the same but the square footage of each home is smaller. Joseph Strange: Okay. Thank you. Ashlee Morgan: Thank you. Barry Knight: Are there any other questions? Thank you Ms. Morgan. Ashlee Morgan: Thank you. Barry Knight: Mr. Strange. Joseph Strange: The next speaker is Cody Oubre. Barry Knight: Welcome sir. Please state your name for the record. Cody Oubre: Good afternoon. My name is Cody Oubre. I am a resident of 2941 Chestnut Oak Way, Virginia Beach. I have lived in this subdivision. I purchased one of the first homes built in this subdivision in October 2000. I am a member of the Greenwood Home Association, and I question the accuracy of the statement that we're pleased with that. I know that I am a member of it and my wife is a member of it. I am not pleased with adding homes to this subdivision. We purchased this house in October 2000 on the basis that we had surrounding agriculture preservation districts, small neighborhood in control and put us in the desired school districts. Our subdivision has many young kids, which has created the issue of danger to the young kids in our Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 6 neighborhood. The school district recently indicated that the Landstown Middle School, which we are districting for is overcrowded combining that with the fact that there is 30 home subdivision right across the street being built, adding more people, more houses, more traffic. I don't think that is in the best interest of our neighborhood. We would ask that the Planning Commission not approve this application. Barry Knight: Thank you sir. Ronald Ripley: You know, when I looked at this piece of land, this road terminates at the end of the street where others have cul-de-sacs, which is typically the planning. When everybody bought it and everyone is reporting that nothing would happen back there, did that seem suspicious to you? It looks like to me that typically when a project is planned out unless it cul-de-sacs, the road is just terminated at the end and it is intended to be extended typically. That seems what is envisioned here. Did nobody consider that when you purchased? Cody Oubre: I'm not an expert in the field. I'm a common ordinary citizen. I relied upon the facts that were presented to me by other people who may not have known the facts. But I had no other course and couldn't afford to hire an attorney just to investigate that issue. I relied on the facts. I understand that there are some public right-of-ways or easements back in that area as well. I relied on the information that I could obtain. Ronald Ripley: Thank you. Barry Knight: Are there any other questions? Thank you sir. Is that all the speakers? Joseph Strange: Those are all the speakers. Barry Knight: Okay. Would the applicant like to readdress some of the oppositions concerns? Welcome sir. Reinstate your name. Radhakrishna Renukunta: Again, Radhakrishna Renukunta, the owner. All I could say as if under a year, we will be the first ones to move in when we start building. If anything happens we will be the one closest to the side as far as any serious service dangerous to the kids. I, myself have two children, six and six months old. The other concern regarding 2,300 square feet, one of the proffers, the homes are going to be in the range of 2,800 — 3,000 square feet. And, one of the persons of the Homeowners' Association was not happy, I don't know. I've been in touch with the President. The feedback that I got was from him. So, I never acted at their meetings but I did pass on the information that I had access to the play out and whatever went on. At the city deferrals and whatever the progress was he was notified often. I think, again everybody is familiar with this. Planning has done their homework. We're working with Public Works, Utilities, and they have all determined. They have their recommendation as part of their review. I would ask the Commission to consider all those facts, and make a determination. Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 7 Barry Knight: Hold on a second. Ms. Katsias has a question. Kathy Katsias: Do you own the property currently or are you just a contract buyer for one of the homes? Radhakrishna Renukunta: That is my property. I own it. Kathy Katsias: So, you're building the five houses that are going to be for sale? Radhakrishna Renukunta: The present plan that I have is just to build one home. When we talked with the City Planners, the ideal approach was to get it rezoned with a layout and then occupy one lot rather than building a home, which you were not supposed to build there. The setback has to be so much and those issues. So, we wanted to have a clear plan for the land before we did anything. Kathy Katsias: So right now the plans are to just building one house with the possibility of building four more. Radhakrishna Renukunta: Right. We're positioning our house so we don't disturb the other layout. Kathy Katsias: Thank you. Radhakrishna Renukunta: Thank you. Barry Knight: Mr. Crabtree has a question for you. Radhakrishna Renukunta: Sure. Eugene Crabtree: Okay. I have a question for you. In lieu of the pending things with the Inspector General's report and all of that I have eluded to earlier, would it be an imposition on you if you had to wait until that report became public before any action was taken? Do you plan to build so soon that it would be an imposition to you? Radhakrishna Renukunta: Sir. We have been postponing this so long and we want to get started as soon as possible. Even my attorney, Mr. Bourdon is on vacation, and I took this effort to come in front of you. Eugene Crabtree: Do you think it would be an imposition if this was delayed to a later date when we had more information on what's happening within that area as far our report from BRAC and the Inspector General's decision? Radhakrishna Renukunta: Well, if your asking my opinion, I would be happy to progress with this project. The sooner. The better. Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 8 Eugene Crabtree: Thank you. Barry Knight: Any other questions? Ms. Wood. Dorothy Wood: I would like to make a motion we approve it. Barry Knight: Okay. Are there any other questions? Thank you. Radhakrishna Renukunta: Thank you all. Barry Knight: We have a motion on the floor by Dot Wood to approve. Do I have a second? A second by Kathy Katsias. I open it up for discussion. Mr. Crabtree. Eugene Crabtree: I'm going on the record as I have stated before that because of the pending report and not knowing what the results are going to be, I'll have to vote "NAY" on this project at this time. Barry Knight: Okay. Is there any other discussion? Mr. Bemas. Jay Bernas: I just have a question for staff. If you look at the aerial and I had the same question that Ron had is that you have three streets that terminate into this AG property. Was there a master plan or something where all these streets would connect? Because Ron said it is not typical that these streets would terminate without a cul-de-sac. Was there some sort of long-range plan that they would connect in the future? Robert Scott: The responsibility of the Planning Commission and City Council was to assign a reasonable zoning category to every piece of property. AG is not reasonably zoning category because it is not agricultural land. No one can farm piece of property that small or that remote for the rest of the agricultural community. There needs to be a rezoning to something. It was anticipated that this property, some day and I think its true of some of the other vacant land in the area would develop as the rest of the Holland Road Corridor developed. And that a street terminating at its boundary that would provide the method of getting in and out in a reasonable orderly fashion. So that is why the street was stubbed out there because there was an anticipation of the properties that would some day get rezoned. All would be treated by the same rules developing the density and so forth. Barry Knight: Any other discussion? Mr. Ripley. Ronald Ripley: And I think also it would be inappropriate not to consider that it be in the same zone as the property adjacent to it if you were to go with a larger zoning ordinance it would promote a bigger house. I've never heard anybody come in and be opposed the houses being too big. That is new to me. I think I understand what the lady was saying having too big a house in the neighborhood would maybe look different. That is valid I Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 9 think. So instead of going to the R-10 and we went to a R-20, that would promote a bigger house and you would get less lots but you could build a bigger house probably right on that. So it seems like the appropriate zoning to me. I think the test that we're charged with is to determine if there is no other feasible use of it. We certainly don't want to put nay kind of business use back there. It wouldn't make any sense so I think it is the best alternative. Barry Knight: Thank you. Mr. Livas. Henry Livas: I would agree that there is no other alternative use. I was thinking along those same lines. He has been cooperative and has reduced it from six down to five so that treats the density a little bit. So, I would be inclined to approve it. Barry Knight: Thank you. Is there any other discussion? There is a motion on the floor to approve. The first was made by Ms. Wood and seconded by Ms. Katsias. I'll call for the question. AYE 9 NAY 1 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE NAY HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-1, the application of Radhakrishna Renukunta and Kavithi Vurimindi has been approved. Barry Knight: Thank you. In Reply Refer To Our File No. DF-6233 TO: Leslie L. Lilley'� FROM: B. Kay Wilson;, ) CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 28, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Radhakrishna R. and Kavithi Vurimindi The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 11, 2006. 1 have reviewed the subject proffer agreement, dated January 15, 2006, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/cros Enclosure cc: Kathleen Hassen RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a KAVITHI VURIMINDI, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15+h day of January, 2006, by and between RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a KAVITHI VURIMINDI, husband and wife, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.418 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional R-10 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1495-51-2696 PREPARED BY: SYKES, BOURDON, tH£RN & LEVY. P.0 1 PREPARED BY: .. SYKES. BOURDON. tARN & I.M. K WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-10 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided into no more than five (5) residential building lots, substantially as depicted on the "PRELIMINARY SUBDIVISION OF CHESTNUT OAK", dated January 15, 2006, and prepared by Rouse-Sirine Associates, Ltd. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 106 PREPARED BY: SYKES, $OURDON. ARRRN & LEVY. P.C. 2. Each of the lots shall be developed with a single family residential dwelling containing no less than 2300 square feet of enclosed living area. The homes shall be substantially in conformity with one of the three (3) front elevations designated "SINGLE FAMILY HOME ELEVATION FOR CHESTNUT OAK" ("Elevations") which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or 3 PREPARED BY: SYK£S, ROURDON. AHERN & LEVY. P.0 suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 5i PREPARED BY: InSYYES. BOURDON, AHERN & LEVY. P.0 WITNESS the following signatures and seals: GRANTOR: (SEAL) Radhakrishna Renukunta L46-11kE -L 11 (SEAL) Kavitha Vurimindi STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 20ttl day of January, 2006, by Radhakrishna Renukunta and Kavitha Vurimindi a/k/a Kavithi Vurimindi, husband and wife, Grantors. My Commission Expires: August 31, 2006 Notary Public 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as "PARCEL B" as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A, SUBDIVISION OF PROPERTY OF AMERICA WILSON ESTATE, AND LUCINDA HASKINS 2 ACRES, VIRGINIA BEACH, VIRGINW, dated November 7, 2005 (rev. 12-30-05), prepared by Rouse-Sirine Associates, Ltd., which said plat is recorded in the aforesaid Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20060104000020570. GPIN: 1495-51-2696 ConditionalRezone/Renukunta/Proffer3 Rev.1/25/06 PREPARED BY: SYKES. $OURDON. AHEI N & LEVY, P.0 R Map L-41 , Co1vh; mid A4 Roam ni,,;d �I. I� MI •�'� �_' � ter' �/ Conditional Zoning Change: AG-2 to R-7.5 O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Celebi Ozic and M. Selim Ozic — Change of Zoning District Classification, 1247 Culver Lane (DISTRICT 7 — PRINCESS ANNE) MEETING DATE: April 11, 2006 IN Background: An Ordinance upon Application of Celebi Ozic and M. Selim Ozic for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District on property located at 1247 Culver Lane (GPIN 24153059090000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant proposes to rezone this infill parcel on Culver Lane from AG-2 Agricultural District to Conditional R-7.5 Residential District in order to develop eight (8) single-family residential lots, similar to the surrounding residential area. A new cul-de-sac will be constructed from Culver Lane opposite the existing entrance to the commercial site to the north. Single-family dwellings are designated as `not compatible' to the 70 to 75 dB AICUZ, within which this site is located. Article 18 of the City Zoning Ordinance notes that in City Council's review of discretionary land use proposals (such as this rezoning), the City Council should not grant the request unless the Council finds that there is no alternative reasonable use designated as compatible under the land use compatibility tables found in Section 1804. In examining the surrounding residential properties, the zoning of R-7.5 Residential and single- family lot layout is a common element. Rezoning the property to R-7.5 single- family would, therefore, be the most reasonable use of the property. Additionally, appropriate sound attenuation for the homes is required by the Building Code. In sum, this proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible to the adjacent R-7.5 Residential zoning. The neighboring properties have been developed and this proposed residential development is an infill of the last large parcel in the area, representing a reasonable use within this AICUZ consistent with Section 1804. With the removal of the existing residential structure from the site, the proposal would allow a net gain of seven dwellings on 2.39 acres of property. Considering the adjoining uses, this represents the lowest reasonable development density for this site. Celebi Ozic and M. Selim Ozic Page 2 of 2 The Planning Commission placed this item on the consent agenda for approval, concluding that the use was the most reasonable one for the property within this AICUZ and was consistent with the recommendations of the Comprehensive Plan. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 'L �� CELEBI AND M. SELIM OZIC Agenda Item # 2 March 8, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Change of Zoning District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District. ADDRESS / DESCRIPTION: Property located at 1247 Culver Lane. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24153059090000 7 — PRINCESS ANNE 2.39 Acres The applicant proposes to rezone the existing property in order SUMMARY OF REQUEST to develop eight (8) single-family residential lots similar to the surrounding residential area. A new cul-de-sac will be constructed from Culver Lane opposite the existing entrance to the commercial site to the north. Eight (8) single-family lots will be situated around the cul-de- sac. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family residential SURROUNDING LAND North: . Across Culver Lane is a gas station, car wash and convenience USE AND ZONING: mart and a street of single family homes / B-2 Community Business District, B-1 A Limited Community Business District and R-7.5 Residential District South: . Single-family homes / R-7.5 Residential District East: . Single-family homes and child care center / R-7.5 Residential District CELEBI AND West: . Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND The parcel is a single-family home site with a detached garage and in - CULTURAL FEATURES: ground pool. There are no significant natural resources or cultural features associated with this property. AICUZ: The property is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The proposed use is deemed not compatible with operations at NAS Oceana. Further discussion regarding this issue is found in the Evaluation and Recommendation section of this report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Culver Lane in the vicinity of this application is considered a four -lane undivided major arterial collector street. It: is not designated on the Master Transportation Plan (MTP). There is no current Capital Improvement Project (CIP) to upgrade this roadway at this time. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Culver Lane 11,217 ADT T 13,100 ADT (Level of Existing Land Use —10 Service "C") - ADT 20,700 ADT' (Level of Proposed Land Use 3— Service "D") 80 ADT Average Daily i rips 2 as defined by one single-family home 3 as defined by 8 single-family home sites STORMWATER: During site plan review, the proposed subdivision must develop a stormwater management plan for water quantity and quality in accordance with Public Works Specifications and Standards. WATER: This site must connect to City water. There is a 10 inch City water line in Culver Lane fronting the site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 605 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City gravity sanitary sewer main in culver Lane fronting the site. FIRE: No concerns. SCHOOLS: This property is currently zoned for Kellam High but will shift to Ocean Lakes beginning in the 06/07 year as part of a School Board redistricting plan. Ocean Lakes will also receive a classroom addition to begin in 2006. CELEBI AND School Current Enrollment Capacity Generation 2 Change Three Oaks Elementary 608 744 2.4 2 Princess Anne Middle 1542 1250 1.4 1 Ocean Lakes High 2370 2122 1.9 2 "generation" represents the number of students that the development will add to the school 2 "change' represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being within the Primary Residential Area. Proposed development within this area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. This proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible to the adjacent R-7.5 Residential zoning. The neighboring properties have been developed and this proposed residential development is an infill of the last large parcel in the area. Under Section 18 Special Regulations in Air Installations Compatible Use Zones of the City Zoning Ordinance, single-family dwellings are designated as not compatible to the 70 to 75 dB AICUZ. Section 18 notes that in City Council's review of discretionary land use proposals (such as this rezoning), the City Council should not grant the request unless the Council finds that there is no alternative reasonable use designated as compatible under the tables of Section 18. In examining the surrounding residential properties, the zoning of R-7.5 Residential and single-family lot layout is a common element. Rezoning the property to R-7.5 single-family would, therefore, be the most reasonable. Additionally, appropriate sound attenuation would be required. Approval is recommended with the proffers below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. CELEBI AND M. SELIM OZIC Agenda Item # 2 Page 3 PROFFER 1: When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated October 30, 2005, and titled "Conceptual Site Layout Plan of Kurdistan II, Culver Lane, Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall dedicate to Grantee the portion of the Property along Culver Lane as shown on the Conceptual Plan as "20' R/W Dedication". Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 3: As part of the final site plan approval, Grantor shall cause the entrance to the Property to align with the existing commercial entrance located across Culver Lane from the Property. PROFFER 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 21, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review, to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CELEBI AND ToTsT.Virs F"o= Z. 5909 a[ e DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. Gist all businesses that have a parent subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. Lust all businesses that have a parent subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 91112404 CELEBI AND DISCLOSURE STATEMI ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services; financial services, accounting services, and legal services: (Attach list if necessary) l`•f5 .��. � �G - � �3�� `�12�11C ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, otherthan parent -subsidiary relationship, that exists when () one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controllingowner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict ofInterestsAct, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. i understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing ac or trig to h instructions in this package. i- �`�_.__r. Applicant's Signature Point Name C. ELAC—:y�, i 0 z? G Property Owner's Signature (if different than applicant) Print Name DISCLOSURE St CELEBI AND M SELIM OZIC Agenda '-Item # 2: Page Cl Map L-11 Cploh9 a"d AT .V ohm. 0741 IVA V N B-2 [I] O 00 ` 0,� • � � ter► �ii. " � �' i Conditional Zoning Change: AG-2 to R-7.5 1 05/11/04 Modification of Proffers (CRZ) Granted 2 10/28/03 Modification of Conditions (CUP) Conditional Rezoning from AG-2 to B-2 Conditional Use Permit (carwash) Granted 3 11 /28/00 Conditional Rezoning from AG-2 to B-1 A Conditional Use Permit (mini -warehouse) Denied 4 03/22/94 Conditional Rezoning from AG-2 to R-7.5 Granted DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2191 IN REPLY REFER TO: ED 5726 ` Ser 33 / i `3 n- March 2, 2006 Ms. Karen Prochilo BAR Planning Department City of Virginia Beach j)FTAMMEN 2405 Courthouse Drive, Buildil2 Virginia Beach, VA 23456 Dear Ms. Prochilo: Thank you for the opportunity to comment on the Conditional Rezoning Application made by Celebi and M. Selim Ozic in which they seek a change from AG-2 Agricultural District to R-7.5 Residential District for property located at 1247 Culver Lane. This application is made in support of a planned eight -home subdivision sited within the 70-75 decibel (dB) day -night average (DNL) noise zone and in that part of the City to which the recently enacted Air Installation Compatible Use Zone (AICUZ) Overlay Ordinance applies. As you are aware, the AICUZ Overlay Ordinance provides that residential structures are not compatible with the location proposed for this development. Before this application may be approved, therefore, City Council must make a finding that there exists no other reasonable use for the land. Should this finding be made, City Council shall, "approve the proposed use of property at the least density or intensity that is reasonable." (Emphasis added.) I certainly understand that this application was made before the AICUZ Overlay ordinance was enacted. I hope, therefore, that the City staff will re-examine the proposal in the light of the criteria under which such applications must be analyzed and communicate their finding to both the applicants and City Council. As always, my staff and I are ready to explain to anyone connected with this proposal how air operations at NAS Oceana may affect this site or anything concerning the Navy's AICUZ program. To do so, please contact my Community Planning Liaison Officer, Mr. Ray Firenze at (757) 433-3158. Sincerely, P. bbrge aptain, U.S. Navy Commanding Officer Copy to: COMNAVREG MIDLANT (00/NO2B) LANTDIV Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission Item #2 Celebi Ozic and M. Selim Ozic Change of Zoning District Classification 1247 Culver Lane District 7 Princess Anne March 8, 2006 CONSENT Barry Knight: The next item will be our consent items. The Vice Chair will handle this portion of the agenda. Janice Anderson: Thank you. Good afternoon. There are four items on the consent agenda this afternoon. As I call them if the applicant could come forward. The first applicant is Item #2. It's an Application of Celebi Ozic and it is for a Change of Zoning from AG-2 to Conditional R-7.5 Residential. This is on property located at 1247 Culver Lane in the Princess Anne District. Welcome. Jeff Maynard: Thank you Ms. Anderson. Good afternoon Mr. Knight and members of the Planning Commission. My name is Jeff Maynard for the record. I'm the representative of Mr. Celebi and Selim Ozic for this application. The applicant has reviewed each of the conditions and agrees to them. Janice Anderson: Okay. Thank you very much. Jeff Maynard: Thanks. Janice Anderson: This item was placed on the consent agenda with the consent of the Commission with Gene Crabtree saying NAY. Jay, could you please explain this application? Jay Bernas: Yes. This is an application where the applicant would like to develop eight single-family residential lots on Culver Lane and rezone the property from AG-2 to R-7.5. We believe that the development meets Section 18 of the recently approved ordinance where there is no alternative reasonable use designated as compatible under the tables of Section 18. Although the Planning Commission is cognizant of the ongoing BRAC discussions, Commissioner Crabtree is voting NAY to reflect his concern that all projects in the greater than 75 db zone be deferred until the Inspector General report is released to the public. Janice Anderson: Before we go on, is there any objection to this item being placed on the consent agenda? Thank you. Mr. Chair, I have a motion. Item #2 Celebi Ozic and M. Selim Ozic Page 2 Barry Knight: A motion on the floor. Do we have a second? A second by Kathy Katsias. Is there any discussion? Mr. Crabtree. Eugene Crabtree: I would like for the record that I will be voting NAY on Item #2. Barry Knight: So noted. Is there any other discussion? Call for the question. AYE 9 NAY 1 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE NAY HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-1, the Board has approved Item #2 for consent. In Reply Refer To Our File No. DF-6344 TO: Leslie L. Lilley FROM: B. Kay Wilson&D CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 28, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ozic The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 11, 2006. 1 have reviewed the subject proffer agreement, dated February 21, 2006, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/cros Enclosure cc: Kathleen Hassen Document Prep=d By Troutman Sanders LLP 222Central: Durk Avenue Suite 2000 Virginia Beach, Firginia 23462 AGREEMENT THIS,.AGREEMENT (the "Agreemenf�) is made asof this day of February, 2006, by and between CELEBI OZIC and M. SELIM QZIC(collectively, "Ozic"), the current owners of that certain property located on Culver Lane in Virginia. Beach, Virginia, which property i& more particularlyApsm-ibed in Exhibit:,A attached hereto and incorporated herein by reference (the "Property") (hereinafter referred to as the "Grantoe'), and the CITY OF VIRGPqIA BEACHI a Municipal corporation of the: Commonwealth of Virginia '(hereinafter referred to as "Grantee'). W ITNE SSE TH: WHEREAS, the Grantor ha's initiated an amendment, to the.Zoning .Map of the- City of Virginia Beach, Virginia, by petition addressed to the. Gfanteiq, so as to change the classification of the property.from AG-2 to Cqnditionql'R:7.5 and WHEREAS, the Grantee'.s policy is i to provide, only for the orderly development of land for various purposes, including mixed: use, purposes, through: zoning and other land development legislation; and WHEREAS, the Grantor -acknowledges that competing -:and sorridinids incompatible - uses conflict, and that in order to permit differing uses. on and, in -tire' area of thezubject Property and at the same time to recognize the effects of th6 change ;and the need. for various types of uses, certainreasonable conditions governing the, use of the Property for the protection of the community that are not generally applicable to land similarly zoned R-7.. 5 are., needed to,cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to thepublic heading before the, Grantee, as part of the Proposed conditional amendment to the Zoning Map, in addition to the regulations 'provided for in the existing. R-7.5 zoning districts by the existing City's Zoning Ordinance. (CZO), the following reasonable conditions related to the GP17VNO.: 2415-30-5909-0000 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated October 30, 2005, and titled 2 "Conceptual Site Layout Plan of Kurdistan II, Culver Lane, Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall dedicate to Grantee the portion of the Property along Culver Lane as shown on the Conceptual Plan as "20' R/W Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. 3. As part of the final site plan approval, Grantor shall cause the entrance to the Property to align with the existing commercial entrance located across Culver Lane from the Property. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map 3 and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [SIGNATURES PAGE FOLLOWS] 11 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTORS: Celebi Ozic A M. Selim Ozic COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this c��day of F9"'w-'s uary, 2096, by Celebi Ozic, who is personally own to me o has produced UC 4UC4 , as identification. Ail `l I Nq��l�p�lic SCHiN,`.,,�� My Commission Expires: 0 I �'�' • RY Pv''••F-o,� 2 MY COMMISSION o : EXPIRES = Q % FALTH 0 4olifll111100 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this day of February, 2006, by M. Selim Ozic, who is personally known to me or has produced as identification. My Commission Expires: Notary Public 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement. ij,5.of the date first written above. GRANTORS.: Celebi Ozic, M.'stlim.Olzic, COMMONWEALTH OF'VIRGINIA CITY OF VIRGINIA BEACH, ter -wit: The forecroing instrument was sworn to and, acknowledged be -fore me. this day of February, 20061, by Celebi Ozic, who. is personally known to me or has ;produced as. identification. Notary.Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn toand acknowledged before me this L)day of February, 2006, by M. Selim Ozic, who is.,, onall known to. me or has produced as identification, 7 ......... Public Ic - -0 MY O* COMMISSION My Commission Expires:0 E-0. L" . S EXPIRES, VB3002740-- A LT 0, 0 5 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain tract of land with the buildings and improvements thereon, situate in the Seaboard Magisterial District in the City of Virginia Beach (formerly County of Princess Anne), Virginia, containing fifteen (15) acres, more or less, but the sale is made in gross and not by the acre, and bounded as follows: On the North by the land leading from the lands formerly of L.A. Brooks to the Eastern Shore Road; on the East by the lands formerly of Saul Brooks; the South by the lands of W.G. Willis; and on the West by the lands formerly of David Woodhouse. LESS, SAVE AND EXCEPT that portion of land conveyed by deed dated January 29, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 2391, page 965. LESS, SAVE AND EXCEPT that portion of land conveyed to the City of Virginia Beach, Virginia by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 4516, page 1458; Said parcel containing 2.63 acres, more or less, and being a part of the conveyed by deed recorded in the aforesaid Clerk's Office in Deed Book 366, at page 552. IT BEING the same property conveyed to Celebi Ozic and M. Selim Ozic by Deed from Celebi Ozic dated December 22, 2002 and recorded in the aforesaid Clerk's Office as Instrument Number 200301090004299. 7 Kingdom / Buildin, ,Worshi , 0"ll In ►i !� �� I: a NO l-Ca 0 CUP - for Church CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Kingdom Building Worship — Conditional Use Permit (church), 928 Commonwealth Place (DISTRICT 1 — CENTERVILLE) MEETING DATE: April 11, 2006 ■ Background: An Ordinance upon Application of Kingdom Building Worship for a Conditional Use Permit for a church on property located at 928 Commonwealth Place (GPIN 14564296574444). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant requests a Conditional Use Permit to occupy 2,100 square feet of the building on the site for use as a church and outreach program. The church currently meets in another location and has 35 members. The church will conduct services on Sunday morning at 10:00 a.m. and Bible study on Wednesday evening from 7:30 p.m. to 8:30 p.m. Music rehearsal will be held on Friday or Saturday evenings at 7:00 p.m. The applicant's proposed outreach program will be aimed at the youth in the immediate area, providing mentoring and tutoring. A summer program will be in place for Mondays, Wednesdays, and Fridays providing field trips and organized play for the children in the area. An existing church occupies the remaining floor area of the building. There is, however, more than adequate parking on the site meeting the requirements of the Zoning Ordinance to accommodate both churches. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. There was opposition to the request from the existing church within the building. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Kingdom Building Worship Page 2 of 2 1. All necessary alteration permits and a certificate of occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the building as a church. 2. The membership of the congregation shall not exceed 50 members. ■ 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 k , „Map 1, Kingdom Building Worshi KINGDOM BUILDING WORSHIP Agenda Item # 6 March 8, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a Church ADDRESS / DESCRIPTION: Property located at 928 Commonwealth Place GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14564296470000 1 - CENTERVILLE 1.54 acres The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST church to occupy a portion of the site. The applicant wishes to occupy 2,100 square feet of the building to establish a church and outreach program. The church currently has 35 members. The church will conduct services on Sunday morning at 10:00 a.m. and Bible study on Wednesday evening from 7:30 p.m. to 8:30 p.m. Music rehearsal will be held on Friday or Saturday evenings at 7:00 p.m. The applicant also wishes to establish an outreach for the youth in the immediate area by providing mentoring and tutoring. A summer program will be in place for Mondays, Wednesdays, and Fridays providing field trips and organized play for the children in the area. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is occupied by a 15,000 square foot building and 73-space parking lot. A portion of the building is currently occupied by Destiny Life Center, a church. Mills Lawn and Garden recently vacated the other portion of the building. There is minimal landscaping on the site. SURROUNDING LAND North: . 7 —11 Convenience Store and Hardees Restaurant / B-2 USE AND ZONING: Business District South: . Office building / B-2 Business District East: . Church / R-5D Residential District West: . Commonwealth Place Across Commonwealth Place are townhouse dwellings / A-:18,-- f. KINGDOM BUILDING WORSHIP Agenda Item* 6 Page Apartment District NATURAL RESOURCE AND There are no significant natural resources associated with the site. The CULTURAL FEATURES: site is mostly impervious surfaces consisting of building and parking area. There is minimal landscaping on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Commonwealth Place in front of this application is a two-lane undivided local street. There are no traffic counts are available for Commonwealth Place There are no current Capital Improvement Projects (CIP) slated for this area TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Commonwealth N/A N/A Existing Land Use Place (daily) 584; (Saturday) 1,178; (Sunday) 947 ADT Proposed Land Use 3— (daily) 616; (Saturday) 1,210; (Sunday) 1,001 ADT average vary i I11JO 2 as defined by the existing Garden Center and Church 3 as defined by an additional church (35 members) WATER: This site has an existing water meter, which may be used or upgraded. There is an 8-inch City water main fronting the site. SEWER: This site connected to City sanitary sewer. Analysis of Pump Station 428 is required to ensure future flows can be accommodated. There is an 8-inch City sanitary sewer main fronting the site. FIRE: The maximum occupant load must be established at less than 50 occupants. Occupant loads greater than 50 changes the building use to an Assembly Use Group. To be occupied as a place of assembly, additional Building Code requirements with regard to fire protection, tenant separation and means of egress are required. KINGDOM BUI The Comprehensive Plan designates this area as a Primary COMPREHENSIVE PLAN Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. CONDITIONS 1. All necessary alteration permits and a certificate of occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the building as a church. 2. The membership of the congregation shall not exceed 50 members. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KINGDOM BUI !Vr JQ ,2- 7.V#Ye'jo N o;s%qMzj( 7v-.r d V00Y 'S Y97 J& 4 r7d, ps'-st, i. MT i.; W sil a t- ts :_filly awx CZ j z I J jjjj) Lu SITE PLAN KINGDOM BUILDING WORSHIP Agenda Item # 6 Page 5 \ _Tyl.� 444�Itt. j �� ` j � •. �� sr + f: o, r. `4 KINGDOM BUILDING WORSHIP Agenda Item # 6 Page 6 PHOTOGRAPH OF EXISTING BUILDING KINGDOM BUI a WORSHIP ida Item # 6 'Page 7 noJ.- 2 (°'� dl G1 ai mac` c3 c as cu '�jc 00 3. '+ !%01 pp j m � yy �' P � O t m� C OLLCi S��0 $�iii,. pp� t,. lS m 0>Lei q °.� f0m x'�rimCQ�p O m OOmq m e=l0 _ �a�dm � 41 �IS. CV vE@ oho m�suw8'amfjoav o m£ W roily m m ,III. qyp m u 0 4i E �jCC�Sy p O i i COE - � _° a�im�s c go qvi ° mew_ m j O a O C�y�ep0s=� O N ip r. 1 j W Egg } � cc •�£. CN mm :ac my gf�m.rs 0� c 000�j. �' ra TARN4 F$'. �. m � � _ Nall, c;a Gj °ate !°cw�cr,,amca r?S -mi as a QL 0E ms U 'aBg I f s#'ILI Q I t�C �Ly? c o 40 �. 3 E w t O s jLL O L Q 'N V W O _ m E 51 .owo 0CE YE d C �N A7 d ON �`v G a£7� OVlmCL Z� WW o^ V a Z, a- io Obt� cy1q to 00 _ 0 c_ m$ C mmc L a. o O = m ofiE a m as czo�� a m CL �S 2i i � o OrL c e� WE ML C Op 0 M a1s G� i j tt m C£p ,t c 0 '* LL '�— G B p $ c m O '° p m x3 G `mt � C i m .c am Q=..G�ffim c ��m•nr a G. am 4 m� fa Lm m am- �. 2_• Cp a �O Q pp N _ •Yi6 41 O ! m 1 r 3 ai .L DISCLOSURE STATEMENT KINGDOM BUI Item #6 Kingdom Building Worship Conditional Use Permit 928 Commonwealth Place District 1 Centerville March 8, 2006 REGULAR Barry Knight: Mr. Secretary, will you please call the first item to be heard. Joseph Strange: The first item to be heard is Item #6, Kingdom Building Worship. An Ordinance upon Application of Kingdom Building Worship for a Conditional Use Permit for a church on property located at 928 Commonwealth Place, District 1, Centerville, with two conditions. Barry Knight: Will the applicant or the applicant's representative please come forward? Welcome sir. Please state your name for the record. Pastor Colby Heard: Colby Heard. Barry Knight: Sir, we'll hear your item today. There is a speaker or two or three, I'm not sure which, in opposition, so you can state why you think this is a favorable application. Pastor Colby Heard: Okay. My name is Colby Heard. I'm the Senior Pastor of Kingdom Building Worship. Currently, we hold our morning service at the Double Tree Hotel, which is located in Norfolk. We have a lot of programs that are actually in place right now that benefit the community, especially Virginia Beach. Boys to men mentoring, we actually adopted two streets in the City of Virginia Beach. A lot of the kids have come off the street and have become part of this program. And it has really been a great blessing to the community. Not just that but by "Adopting a Highway" we have a mentoring program that we offer to the community. Right now, the location that we're in is too small, and we need to expand. Also, Kingdom Building is not just a church. We are involved in the Kiwanis Club, which you know their thing is kids are first. The Kiwanis Club, the Inner Faith Advisory Board, which is under the City of Virginia Beach. We are also partners with St. Jude's Children's Research Hospital. So we donate a lot of money to a lot of different organizations, so were not just a Sunday morning worship, we are greatly involved in the community. So, we think it would be a great idea. The summer programs that we are going to do in the community and a lot of outreach mentoring. It brings a lot of young people off of the street. We've been losing too many young people with light sentences in prison. We feel, or I feel personally, as a citizen of Virginia Beach, not just a citizen, I worked for the City for 15 years, retired, resigned to start a business in Virginia Beach. So, I have a burden for the youth of this city. We want be a blessing to Virginia Beach, not a problem but a blessing. We have in place Item #6 Kingdom Building Worship Page 2 ideas right now that will not just bless Virginia Beach, but the surrounding areas that are in this area. So, we have great things in store. We have reading programs. Summer program, math tutoring that is going to advance our youth for the upcoming years in the summer time. We want to provide a place to bring them off the streets and just be a blessing to a lot of broken homes. We had two young men that came into the mentoring program from single-family homes that are actually in college now. So, we see the results of the program in place. We had a couple of young men that were in trouble with the City. So by way of "Adopt a Highway" I was contacted, they had to do community service. Well, as a result of the community service, the young men that came in, we had the opportunity to steer these young men in the right direction. They started off by cleaning up some streets and being involved in the City. We feel that as we reach out to the community, our plan is to steer young people in the right direction. Will we save them all? We won't save them all, but we have a plan that we feel that we can reach the community and lead young people, teenagers, but not just teenagers but a lot of other people in the right direction. There will be results. There already are. We're excited about the program. Very excited. We look forward to providing this service to the City of Virginia Beach. We worship in Norfolk now and we want to bring right here at home. Barry Knight: Thank you. Are there any questions for the Pastor? Thank you. We're going to hear from the opposition. You will have a chance, three minutes for rebuttal. Pastor Colby Heard: Okay. Thank you. Barry Knight: Thank you. Joseph Strange: Speaking in opposition we have Rupert George. Barry Knight: Welcome sir. Please state your name for the record. Pastor Rupert George: Good morning Commission members. My name is Rupert George. I reside at 2661 Alamance Circle right here in the Courthouse area. I'm here this morning to represent Genesis Worship and Outreach Center. I am the Senior Pastor there. I'd like the premise where I have to say it is not so much as an opposition as he and I, the ministry and I are seeking to do the same thing. But it is more to inform and maybe even to find an alternate to what their strategies are, in terms of ministry. I am here to say two things, and the first one is we are currently in the process of acquiring that property, our church is. We are probably a week away from acquiring that property. Upon acquisition of that property, we have plans in place right now, in terms of architectural plans to develop that entire building, and so I know currently there is a verbal agreement with the current owner to occupy a small percentage of the square footage with the applicant. So, upon application, our desire is to develop the entire building. So, I really see, I think wisdom would say why invest short term into a piece of property that in a very short time really will be used to serve another ministry. We have tremendous areas of ministry. We are really two churches come together to be one, and Item #6 Kingdom Building Worship Page 3 we have a mere other ministries. Some of the areas of ministries were actually articulated by the Pastor. I see it as a redundancy of effort. We have targeted that area strategically to impact it. I think additionally, there might even be an issue of space and parking. But my primary opposition is that we are in the process of acquiring that entire building. That is my primary opposition this morning. I'm open to alternative and will be free to talk with the Pastor about ways we can help them. Barry Knight: Thank you Pastor. Are there any questions for Pastor George? Ronald Ripley: I have a question. How many people are in your congregation? Pastor Rupert George: We have 130 people right now. Ronald Ripley: How long have you been there? Pastor Rupert George: As I said, we just merged. I came from an independent church and the church that we merged with had been there for about eight years. Ronald Ripley: It seems like part of your issue was your worried about the conflicting missions that are going to run parallel, maybe competing for the same type of mission work. Is that what I heard you say? Pastor Rupert George: Yeah. I think there is some redundancy there. Ronald Ripley: Okay. That tends to be the case inmost every area. I canthink of churches across the street from each other, or whatever. We got an application here where a man that owns it has signed it. Apparently, there is some sort of agreement between them or he wouldn't have signed it, the owner of the building. It is kind of hard for us to ignore that because of your concerns. Pastor Rupert George: Okay. Correct. I believe the verbal agreement was made prior to our acquiring the building. Ronald Ripley: Okay. Barry Knight: Are there any other questions? Dot. Dorothy Wood: Sir, did you say that you have acquired the building? Pastor Rupert George: We are about a week a way now. Dorothy Wood: I mean, do you have a lease or do you have a contract that has been signed by the owner? Item #6 Kingdom Building Worship Page 4 Pastor Rupert George: No. Not yet. Dorothy Wood: So, the owner could still go back to this church and decide he wants to lease it to him? Would think that the good use of a building is for a church. Is that correct? Pastor Rupert George: Yes. We are in the building right now. We have a full service ministry in the building right now. Dorothy Wood: It seems to me then your looking at it for land use, and you agree that this is a good use for the building. Pastor Rupert George: Absolutely. That is what we do. Dorothy Wood: Thank you. Barry Knight: Are there any other questions? Thank you sir. Pastor Heard, would you like to readdress? No. Okay, I'll open it up for discussion. Mr. Ripley. Ronald Ripley: Well, I was saying in a way and I'll say it in another way that there is always room for the Lord's work in our city. I think these are two very small churches sitting in an area that is very heavily populated. I can appreciate one church having a concern for another because they feel they might be overlapping markets, if you will. Hopefully, they will work together. I do think it's an appropriate use and when the time comes up, I will be happy to make a motion to support it. Barry Knight: You can make a motion now. Dorothy Wood: I'll second it. Ronald Ripley: A motion to approve. Barry Knight: Ron Ripley made a motion to approve and Dot Wood seconded it. I'll now open it back up for discussion. Mr. Crabtree. Eugene Crabtree: I intend to agree with what Ms. Wood said along the line that really what we're voting on is the use of the building for a church. We're really just voting for a portion of a building that is zoned and is being used as a business to be rezoned for use as a church. Regardless of the outcome of this, it appears that building is going to be used as a church whether it is sold or used by two churches, therefore from my standpoint of view, I'm in support of the application to vote for the use of the building as a church. Barry Knight: Thank you. Are there any other additional comments? Discussion? Okay. Item #6 Kingdom Building Worship Page 5 A motion has been made by Ron Ripley and seconded by Dot Wood to approve agenda Item #6 Kingdom Building Worship. Call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved the application of Kingdom Building Worship. Page 1 of 1 Faith Christie From: rgeorge60@aol.com Sent: Monday, March 06, 2006 5:46 PM To: Faith Christie Subject: ITEM #6 KINGDOM BUILDER WORSHIP Mrs. Christi/City Planners, Good morning. Let me introduce myself. My name is Rupert George, pastor of GENESIS Worship & Outreach Center, 928 Commonwealth Place, Va Beach, 23464. I am communicating with you to express our intention to oppose the application of Kingdom Builders Worship on Wednesday, 8 March (Item #6). We believe our opposition of this permit being granted will benefit both us and them, in that, we are currently in the process of acquiring/purchasing the entire building (928 Commonwealth Place). Currently, Kingdom Builders Worship has only a verbal agreement with the current owner to lease a small portion of the building for a year, however, we feel it will prove unwise for them to invest in this space as we plan to develop/expand the additional square footage upon purchase. Additionally, we feel a parking space problem could exist during our worship times. Thank you for giving this issue your consideration and I look forward to conveying the same on Wednesday. Respectfully, Rupert H. George Pastor, GENESIS Worship & Outreach Center tV y,Y ap1e�J�l 4�V�W�r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — An Ordinance to amend Section 502 of the City Zoning Ordinance pertaining to front yard setbacks for lots fronting on the east side of Sandfiddler Road. MEETING DATE: April 11, 2006 ■ Background: These amendments were suggested by the Board of Zoning Appeals to reduce the necessity of property owners of oceanfront lots on Sandfiddler Road requesting variances to the required 50 foot setback. On March 14, 2006, no action was taken on this item due to an error in the legal advertisement. ■ Considerations: This amendment will reduce the front yard setback for oceanfront lots on Sandfiddler Road in Sandbridge from the current 50 feet to 30 feet. The current setback requirement results in dwellings being pushed back to the ocean. Thus, the Board of Zoning Appeals has been faced with acting on a number of variance requests for the front setback. The common variance has been from the required 50 feet to a 30 foot setback. Having such a large number of requests is generally seen as an indication that the involved provision of the ordinance may be in need of change. The Board, therefore, is proposing the attached amendment as a means of addressing this issue. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. ■ Attachments: Staff Review Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department<44 City Manager: ) ' , 'bdM7,L, CITY OF VIRGINIA BEACH AMENDMENT TO SEC. 502 OF THE ZONING ORDINANCE Agenda Item # 13 February 8, 2006 Public Hearing REQUEST An Ordinance to amend Section 502 of the City Zoning Ordinance pertaining to front yard setbacks for lots fronting on the east side of Sandfiddler Road. SUMMARY OF AMENDMENT This amendment was recommended by the Board of Zoning Appeals. It will reduce the front yard setback for oceanfront lots on Sandfiddler Road in Sandbridge from the current 50 feet to 30 feet. The current setback requirement results in dwellings being pushed back to the ocean. Thus, the Board of Zoning Appeals has been faced with acting on a number of variance requests for the front setback. The common variance has been from the required 50 feet to a 30 foot setback. Having such a large number of requests is generally seen as an indication that the involved provision of the ordinance may be in need of change. The Board, therefore, is proposing the attached amendment as a means of addressing this issue. RECOMMENDATION Staff recommends approval of the proposed amendment. The amendment will address an identified issue for lots fronting on the east side of Sandfiddler Road and thus eliminate requests for variances to the Board of Zoning Appeals pertaining to front yard setbacks. CITY OF VIRGINIA BEACH — SANDFIDDLER RD Agenda Item # 13 Page 1 Item #13 City of Virginia Beach — Sandfiddler Road Setbacks An. Ordinance to amend Section 501 of the City Zoning Ordinance pertaining to front yard setbacks for lots fronting on the east side of Sandfiddler Road. February 8, 2006 CONSENT Janice Anderson: The next item on the consent agenda is Item #13 City of Virginia Beach regarding Sandfiddler Road Setbacks. This is an ordinance to amend Section 501 of the City's Zoning Ordinance pertaining to front yard setbacks for lots fronting on the east side of Sandfiddler Road. Is there any objection to Item #13? If we may, can we have Mr. Scott review this item? Thank you. Bob Scott: It is a very simple ordinance amendment. Basically it removes the special treatment of that and two things to be said about it. Number one, this increased setback that is present is causing a lot of problems in the sighting of buildings in the. Sandbridge area. Number two, we think that it made a lot of sense when Sandbridge was on septic tanks but its not anymore. It's on sewer itself. There really isn't any need anymore for that special treatment. A lot of variances have been going to the Board of Zoning Appeals. The proper remedy is the legislative remedy, a relief of little hardship so our recommendation is to go ahead and make that change. Put it the way it should be. Janice Anderson: Thank you very much. I would like to make a motion with regard to consent agenda Item #13 City of Virginia Beach — Sandfiddler Road Setbacks. Barry Knight: A motion has been made. Do I have a second? Dorothy Wood: Second. Barry Knight: Okay, a second by Dot Wood. Is there any discussion? Let's call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE ABS 0 ABSENT 0 Item #13 City of Virginia Beach — Sandfiddler Road Setbacks Page 2 WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved Item #13 for consent. 1 AN ORDINANCE TO AMEND SECTION 502 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO FRONT YARD 3 SETBACKS FOR LOTS FRONTING ON THE EAST SIDE OF 4 SANDFIDDLER ROAD 5 SECTION AMENDED: CZO § 502 (a) 6 WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 502 of the City Zoning Ordinance is hereby 11 amended and reordained, to read as follows: 12 ARTICLE 5. RESIDENTIAL USES 13 Sec. 502. Dimensional requirements. 14 The following chart lists the requirements within the R-40 15 through R-5S Residential Districts for minimum lot area, width, 16 yard spacing and maximum lot coverage for single-family dwellings. 17 (a) For single-family dwellings: 18 Residential Districts 19 R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S 20 (1)Minimum 21 lot area 22 in square 23 feet 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 24 25 (4) Minimum 26 front yard 27 setback in 28 feet 50 50 50 30 30 30 20 20 20 29 (4.1) 30 Minimum 31 front yard 32 setback for 33 lots 34 fronting on 35 the east 36 side of 37 Sandfiddler 38 Road in 39 feet: NA NA 30 . 91 NA NA NA NA NA NA 41 COMMENT 42 This amendment was recommended by the Board of Zoning Appeals. It will reduce the 43 front yard setback for oceanfront lots on Sandfiddler Road in Sandbridge from the current 50 feet 44 to 30 feet. 45 Adopted by the City Council of the City of Virginia Beach, 46 Virginia, on this day of , 2004. CA-9287 OID/orders/proposed/czo502Sandfiddlerord.doc R3 October 19, 2004 APPROVED AS TO CONTENTS: Pla ning epartme APPROVED AS TO LEGAL SUFFICIENCY: Sandbridge Beach Civic League Virginia Beach, Virginia Karen Lasley, CZA Department of Planning Municipal Center -Building 2 2405 Courthouse Drive Virginia Beach, VA 23455-4030 Dear Karen Lasley, This letter is to inform the Board of Zoning Appeals that the Sandbridge Beach Civic League supports the BZA's recommendation for a change to the setback requirement for oceanfront homes in Sandbridge Beach, i.e. those on the east side of Sandfiddler Road, to be 30 feet rather than 50 feet as currently required for R-20 Zoning. A motion to support this change was passed at our October 15, 2005 meeting with no votes against it. Thank you for considering our organization's point of view. Sincerely yours, Chandler S. Dennis SBCL President CITY OF VIRGINIA BEACH — SANDFIDDLER RD AgendaItem#_13 Page 2 M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA MEAL TAX TASK FORCE OCEANA LAND USE CONFORMITY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY — SPSA N. UNFINISHED BUSINESS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: April 4, 2006 C E S L PAGE: 1 D C M R C A W I J L A N R H N I E D 0 A D D E M U L W Z Y N N D O E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECT MOTION VOTE L I R S I N X I F I E T I A I N D I BRIEFING: A. TOWING Charlie W. Meyer, Chief Operating Officer II IH/ 11-0 Y Y Y Y Y Y Y Y Y Y Y N/V/ CERTIFICATION OF CLOSED SESSION CERTIFIED VI-E F MINUTES —March 28, 2006 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H/I Resolution REFERRING to Towing Advisory ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Board for recommendation by April 25, ordinance REVISED, BY AMENDING City Code Sections re use of tow CONSENT truck services on private property 2 Ordinance to AMEND City Code re Minority ADOPTED BY 10-1 Y Y Y N Y Y Y Y Y Y Y participation in City contracting CONSENT 3-a Ordinances to AUTHORIZE temporary encroachments: JAMES AJJEAN W. ALEXANDER re fence/ DEFERRED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y walk/deck at 2411 Ketch Court (DISTRICT 5 — CONSENT TO LYNNHAVEN) APRIL 11, 2006 3-b CRAIG A. ROSENBERG/CONSTRUCTION DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y SERVICE/MANAGEMENT, LLC re driveway/ INDEFINITELY vehicular crossing signs re bike path within City's BY CONSENT r-o-w at Norfolk Avenue (DISTRICT 6 — BEACH 4 Ordinance to ACCEPT/APPROPRIATE a ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $75,000 grant to Convention/Visitors Bureau re CONSENT reimbursing expenses for 2005 Rock `n' Roll Half Marathon ADD Ordinance to AMEND City Code Chapter 23 re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ON abusing public property, including monuments, CONSENT statues, etc. J APPOINTMENTS BEACHES and WATERWAYS COMMISSION RESCHEDULED B Y C 0 N S E N S U S HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA MEAL TAX TASK FORCE OCEANA LAND USE CONFORMITY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY — SPSA SHORE DRIVE ADVISORY COMMITTEE - APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y SDAC Term: Unexpired thru 06/30/2009 Charles R. Malbon, Jr. SOCIAL SERVICES BOARD APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Term: Unexpired thru 06/30/2007 Dr. Susan D. Moore K/L/ M ADJOURNMENT 6:13 PM PUBLIC COMMENTS No citizens registered Non -Agenda Items