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OCTOBER 10, 2006 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, AI-Large VICE MA YOR LOUIS R. JONES. Bayside - District 4 WIllIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN. Rose Hall- District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA. At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 2345~8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LIllEY CITY CLERK - RUTH HODGES SMITH, MMC 10 OCTOBER 2006 I. CITY MANAGER'S BRIEFINGS Conference Room - 2:00 PM A. ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION (GRIP) Deputy Police Chief James Cervera Robert Kipper, Director, GRIP [Richmond Program] B. ENERGY AND FUEL as BUDGET DRIVERS Charlie Meyer, Chief Operating Officer II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCA TION: Reverend Stanley Sawyer, D.D. Pastor, All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 3,2006 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTION/ORDINANCES 1. Resolution re issuance by the Virginia Beach Development Authority (VBDA) of Industrial Revenue Bonds in the amount of $9,100,000 for London Bridge Holding, LLC, re acquisition of property, construction, improvements and equipment at London Bridge Road and Precision Drive [DISTRICT 6 - BEACH] 2. Ordinances to AUTHORIZE temporary encroachments into City property: a. DEREK E. and AL WYNE J. RICHARDSON, to construct and maintain a pier, and an existing block bulkhead into Lake Joyce at 4513 Powells Point Road [DISTRICT 4- BA YSIDE] b. BIRDNECK POINT COMMUNITY LEAGUE, INC., to construct and maintain neighborhood identification signs, decorative masonry, iron fence, brick columns, concrete pavers and borders, brick pavers and borders, flag pole, landscaping, and a lighting and irrigation system at Cardinal and Laskin Roads [DISTRICT 5- L YNNHA VEN] c. DUNES INVESTMENT ASSOCIATES, LLC, to construct and maintain paver walkways, landscaping, irrigation system, lighting and associated electrical conduits on the Boardwalk at lOth Street and Atlantic Boulevard [DISTRICT 6 - BEACH] 3. Ordinance to ACCEPT and APPROPRIATE a Grant of $197,446 from the United States Department of Justice to the Police Department's FY 2006-2007 Operating Budget re the purchase of voice software licensing, audio/visual equipment and a mass storage device for interview archiving re Community Oriented Policing Services [COPS] J. PLANNING 1. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-1 Office District with Historical and Cultural Overlay at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDA nON September 12,2006 and September 26,2006 APPRO V AL 2. Application of LAGO MAR ASSOCIATES, L.L.C. for a Change of Zoning District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDA nON September 26, 2006 APPROV AL 3. Applications of SALEM ROAD ASSOCIATES (formerly VA-CAR DEVELOPMENT, L.L.C.), at Salem and North Landstown Roads: (PRINCESS ANNE - DISTRICT 7) a. Variance to S 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to subdivide the property into twenty-eight (28) single-family lots with wooded open space b. Chanf!e of Zoninf! District Classification from AG-l and AG-2 Agricultural to Conditional R-IO Residential DEFERRED INDEFINITELY March 23, 2004 ST AFF RECOMMENDATION DENIAL (Application does not comply with Comprehensive Plan dwelling unit density in the ITA) 4. Application of LONDON BRIDGE SELF STORAGE, L.L.C. for Modification of Proffer No.3 re changes to the fayade materials at 2120 London Bridge Road (Conditional Change of Zoning approved by City Council on February 22, 2005) (DISTRICT 7 - PRINCESS ANNE) RECOMMENDA nON APPROVAL 5. Application of T -MOBILE NORTHEAST, L.L.c. for a Conditional Use Permit re a communication tower with a shopping center at 5193 Shore Drive. (DISTRICT 4 - BA YSIDE) RECOMMENDATION APPROVAL 6. Application of7-ELEVEN, INC. for a Conditional Use Permit re fuel sales in conjunction with a renovated convenience store at 2105 Salem Road. near Elbow Road (DISTRICT 1 - CENTERVILLE) RECOMMENDATION APPROVAL 7. Application of TOWN CENTER ASSOCIATES 6, L.L.C. for a Conditional Use Permit re loft-style multi-family dwellings on Block 6 at Market and Bank Streets. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION APPROVAL 8. Application of REV. JAMES C. GRIFFIN, ST. MARK CATHOLIC CHURCH, for a Conditional Use Permit re construction of a columbarium at 1505 Kempsville Road. (DISTRICT 1 - CENTERVILLE) RECOMMENDA nON APPROV AL 9. Application of the CITY OF VIRGINIA BEACH PARKS AND RECREATION for a Conditional Use Permit re replacement of a light pole with a monopole to provide light for adjoining athletic fields and wireless communication equipment at First Colonial Road and Collection Creek Way. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION APPROVAL 10. OrdinancetoAMENDSSll1,233.1, 701,901,1001,1501,1511 and 1521 of the City Zoning Ordinance [CZO] to DEFINE the terms "Alcoholic Beverage" and "Bar" or ''Nightclub''; REQUIRE Conditional Use Permits for same and ESTABLISH other regulations in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, I-I, 1-2, RT-1, RT-2 and RT-3 Zoning Districts RECOMMENDATION APPROVAL 11. Ordinance to AMEND the Comprehensive Plan by DELETING references to the establishment of a Redevelopment and Housing Authority and to "redevelopment" in general (referred to the Planning Commission by the City Council on June 27,2006). RECOMMENDATION APPROVAL K. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BUILDING CODE OF APPEALS - New Construction INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********* 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 *********** Agenda 09/2912006mb'stlsb www.vbgov.com I. CITY MANAGER'S BRIEFINGS Conference Room - 2:00 PM A. ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION (GRIP) Deputy Police Chief James Cervera Robert Kipper, Director, GRIP [Richmond Program] B. ENERGY AND FUEL as BUDGET DRIVERS Charlie Meyer, Chief Operating Officer II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV INFORMAL SESSION - Conference Room - B. CALL TO ORDER - Mayor Meyera E. Oberndorf C. ROLL CALL OF CITY COUNCIL D. RECESS TO CLOSED SESSION 4:00 PM V FORMAL SESSION - Council Chamber - 6:00 P.M A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Stanley Sawyer, D.D. Pastor, All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 3, 2006 G. AGENDA FOR FORMAL SESSION iRtsnlutinu 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. CONSENT AGENDA I. RESOLUTION/ORDINANCES 1. Resolution re issuance by the Virginia Beach Development Authority (VBDA) of Industrial Revenue Bonds in the amount of $9,100,000 for London Bridge Holding, LLC, re acquisition of property, construction, improvements and equipment at London Bridge Road and Precision Drive [DISTRICT 6 - BEACH] 2. Ordinances to AUTHORIZE temporary encroachments into City property: a. DEREK E. and AL WYNE J. RICHARDSON, to construct and maintain a pier, and an existing block bulkhead into Lake Joyce at 4513 Powells Point Road [DISTRICT 4 - BA YSIDE] b. BIRDNECK POINT COMMUNITY LEAGUE, INC., to construct and maintain neighborhood identification signs, decorative masonry, iron fence, brick columns, concrete pavers and borders, brick pavers and borders, flag pole, landscaping, and a lighting and irrigation system at Cardinal and Laskin Roads [DISTRICT 5 - L YNNHA VEN] c. DUNES INVESTMENT ASSOCIATES, LLC, to construct and maintain paver walkways, landscaping, irrigation system, lighting and associated electrical conduits on the Boardwalk at 10th Street and Atlantic Boulevard [DISTRICT 6 - BEACH] 3. Ordinance to ACCEPT and APPROPRIATE a Grant of $197,446 from the United States Department of Justice to the Police Department's FY 2006-2007 Operating Budget re the purchase of voice software licensing, audio/visual equipment and a mass storage device for interview archiving re Community Oriented Policing Services [COPS] ~"- r"".....oo!:~>I<' r" ~1-"'~' f:.:.o~"",,: """":.~, }si_ .. ~~~ ~\\-- Ii} ~~~:r ~j-" ,~ -- CITY OF VIRGINIA BEACH AGENDA ITEM ) --- ITEM: Resolution approving the issuance of industrial development revenue bonds in an amount not to exceed $9,100,000 for the benefit of London Bridge Holding, LLC to assist in the financing of the company's acquisition, construction and equipping of property and improvements located at the intersection of London Bridge Road and Precision Drive in Virginia Beach, Virginia MEETING DATE: October 10, 2006 o Background: The City of Virginia Beach Development Authority (the "Authority") has considered the request of London Bridge Holding LLC (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $9,100,000 to assist in the financing of the Company's acquisition of a certain parcel of land containing approximately 9.296 acres located at the intersection of London Bridge Road and Precision Drive in the City of Virginia Beach, Virginia for an 82,000 square foot manufacturing facility. On November 18, 2004, the Authority adopted a Resolution of intent to finance the Company's 51,000 square foot manufacturing facility in an amount not to exceed $5,500,000, and Council approved this matter on January 4, 2005. The Company has described to the Authority its need to increase the square footage of its manufacturing facility to 82,000 square feet and to increase the amount requested to $9,100,000. The Virginia Beach Development Authority approved the changes in a resolution dated May 19, 2005 with the City Council concurring on June 14,2005. The applicant was not able to finalize the bond matter within the one year deadline, therefore has had to present a new resolution which the Authority adopted on August 15, 2006, recommending that the City Council approve issuance of the bonds in an amount not to exceed $9,100,000. o Considerations: The matter comes before Council for its approval pursuant to S 15.2-4906 of the Code of Virginia which requires the municipality on behalf of which the bonds of an authority are issued to either approve or disapprove any financing recommended by such authority within sixty (60) days of the date of the authority's public hearing. o Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of Section 15.2-4906 of the Virginia Code. o Alternatives: Not Approve, which would result in the bonds not being issued for the facilities. [J Recommendations: Approval o Attachments: Location Map Resolution for City of Virginia Beach lOP Submission to Council Affidavit to Publication & Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development August 15, 2006 APPROVAL Submitting DepartmentlAgen~: Development Authority City Manager \'-- . ~ V:\applications\citylawprod\cycom3 csID021 IPOOl\OOO 19112.DOC ..; MAPeVIi'5'T:.:: Sabre St 'tI :J" ~ ~. '" ,~ Cherie pr un_ ~ a- n n ill' Al!9~ Cil' ocr .t!'O AJ.;j -S.fI1h " iI- - ~'g b.. or...r <l: ~, - i3 C\ Cardo ~l t- ~~~~ ~ ~ Oitl1t(t PI:g :P ~ t -~ ~ ~8$ .! r:etseh PilI .t.. GUCher Pt. ~ tI ~~orcrG[oryRtr-$ OelaW8te Xing ~ ~ ~e.'" e 2006 MapQue-st. loc, Location Map London Bridge Holding LLC 2601 Reliance Drive, Virginia Beach, Virginia <: : ii CJ "" P'roduCllOn Rd . ~,ecis1c.n Of Quality Ct (') \ l!.- e- .... -- ---Excallbur Cl ---... c;) ~ ., Q IU ~ ;;. " ~\ / I ~b- eo .~ ~ b$ 'v~ i g ~ ~ ~ ~ O<<MI NwaI '* S~ QI . 300m . 900ft ~ ~/ e2006 N'AVTEQ 1 2 3 4 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (LONDON BRIDGE HOLDING, LLC PROJECT) . 6 WHEREAS, the City of Virginia Beach Development 7 Authority (the "Authority") has considered the application 8 of London Bridge Holding, LLC (the "Company") for the 9 issuance of the Authority's industrial development revenue 10 bonds in an amount not to exceed $9,100,000 (the "Bonds") 11 to assist in the financing of (a) the Company's 12 acquisition, construction and equipping of a manufacturing 13 facility to be leased to London Bridge Trading Company, 14 LTD. for use in its business of manufacturing sewn nylon 15 equipment (all improvements and land being collectively 16 referred to as the "Facility") and has held a public 17 hearing thereon on August 15, 2006; 18 WHEREAS, the Authority has requested City Council (the 19 "Council") of Virginia Beach, Virginia (the "City") to 20 approve the issuance of the Bonds to comply with Section 21 147 (f) of the Internal Revenue Code of 1986, as amended; 22 and 23 WHEREAS, pursuant to Section 15.2-4906, Code of 24 Virginia, 1950, as amended, a copy of the Authority's 25 Resolution approving the issuance of the Bonds, subject to 26 terms to be agreed upon, and a reasonably detailed summary 27 of the comments expressed at the public hearing, if any, 28 have been filed with the Council of the City of Virginia 29 Beach, Virginia. 30 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 1. The Council of the City of Virginia Beach, 33 Virginia, approves the issuance of the Bonds by the City of 34 Virginia Beach Development Authority, in a principal amount 35 not to exceed $9,100,000 to finance the Company's 36 acquisition, construction and equipping of a manufacturing 37 facility to be leased to London Bridge Trading Company, 38 LTD. for use in its business of manufacturing sewn nylon 39 equipment to the extent required by Section 147 (f) of the 40 Internal Revenue Code. 41 42 2. The approval of the issuance of the Bonds, as required by Section 147 (f) does not constitute an 43 endorsement of the Bonds or the creditworthiness of the 44 Company; but, pursuant to Chapter 643, Virginia Acts of 45 Assembly of 1964, as amended, the Bonds shall provide that 46 neither the City nor the Authority shall be obligated to 47 pay the Bonds or the interest thereon or other costs 48 incident thereto except from the revenues and moneys 49 pledged therefore, and neither the faith or credit nor the 50 taxing power of the Commonwealth, the City or the Authority 51 shall be pledged thereto. 52 3 . In approving the Resolution, the City of Virginia 53 Beach, including its elected representatives, officers, 54 employees and agents, shall not be liable and hereby 55 disclaims all liability for any damages to any person, 56 direct or consequential, resulting from the Authority's 57 failure to issue Bonds for the Facility for any reason. 58 4 . This Resolution shall take effect immediately 59 upon its adoption. 60 Adopted by the Council of the City of Virginia Beach, 61 Virginia, on the day of , 2006. CA10013 V: \applications\ci tylawprod\ cycorn32\Wpdocs\0031 \POOl \000 18361. DOC R-1 August 21, 2006 APPROVED AS TO LEGAL ~~ City Attorney VIRGINIA BEACH Virginia Beach Development Authority 222 Central Park Avenue. Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com August 15, 2006 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: London Bridge Holding, LLe Revenue Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with the London Bridge Holding, LLC project (the "Project") located at the northwestern intersection of London Bridge Road and Precision Drive in the city of Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Oberndorf, Mayor Members of City Council August 15,2006 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very truly yours, ~fM-(~V~ Donald V. Jellig Chair DVJ/AWS/mlg Enclosures V:lapplicationslcitylawprodlcycom321 Wpdocs\D0311P00 1 1000 183 5 I.DOC EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot --------------------------------------------------+------------------------ This day,Dreama Johnson personally appeared before I me and after being duly sworn, made oath that: I 1) She is affidavit clerk of The Virginian-Pilot, I a newspaper published by Landmark Communications I Inc., in the cities of Norfolk, Portsmouth, I Chesapeake, Suffolk, and Virginia Beach, Common- I wealth of Virginia and in the state of North I Carolina 2)That the advertisement hereto annexed I has been published in said newspaper on the date I stated. I I I I I I I I I I I I I I I I I I I LINE I I WILLIAMS MULLEN, P.C. 222 CENTRAL PARK AVE., SUITE 1700 VIRGINIA BEACH VA 23462 REFERENCE: 39078411 15517786 1018618 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk J,.. PUBLISHED ON: 08/01 08/08 TOTAL COST: FILED ON: Place your ad online at EZPilotClassified.com NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL. DEVELOPMENT REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (LONDON BRIDGE HOLDING, LLC PROJECT) Notice is hereby given that the City of Virginia' Beach Development Authority (the' 'Authority") will hold a public hearing on the Application of LOndon Bridge Holding. LLC, a Vi rginia limited liability company. 3509 Virginia Beach Boule- vard, Virginia Beach, Virginia (the "Applicant") for the Author. ity to .issue, putsuant to Chapter 643 of the Acts Ilf Assem. bly of 1964, as amended (the 'Act"), up to $9,100,000 of its Industrial-. Development Revenue Bonds to assist the applicant in financing the acquisition,' construction and equipping of an apprOXimately 82.000 square foot manufac- turing faCility on a 9.296 acre parcel of land known as Parcel 3-A. GPIN 1496-88-7379, Parcel 3-B, GPIN 1496-98-1048 and a portion of Parcel 3-C. GPIN 1496-98-1573, as shown on Subdivision of Residual Area 3, Subdivision Plat of Lon- don Bridge Industrial Park Phase IV located at the northwest. ern comer of the intersection of London Bridge Road and Precision Drive in Virginia Beach, Virginia (the "Project') for : lease to London Bridge Trading Company. Ltd. for use in its business of manufacturi~g selMl nylon equipment. The public hearing which may be continued or adjoumed, will be held at 10 o'clock a.m. on Tuesday, August 15, 2006, before the Authority, at the Authority's office at 2.22 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. As required by the Act. the Bonds will not pledge as a faith in credit for .th~ taxing power of the Commonwealth of VirginIa or any political subdIVision thereof, including the Authority, but will be payable solely from rev. enue derived from the Applicant and pledges therefore. Any person interested in the issuance of the Bonds or the loca- tion or purpose of the proposed Project may appear and be heard. A copy of the Applicant's application is on file and is open. for inspection at the Authority's office .at 222 Central Park Avenue, Suite 1000. Virginia Beach, Virginia 23462, during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VP August 1 & 8. 2006 15517786 and state on the day and year 8 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (London Bridge Holding, LLC Project) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of London Bridge Holding, LLC (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individuals appeared before the Authority: William W. Harrison, Jr. of the law firm of Williams Mullen Douglas McDougal, Member of London Bridge Holding LLC Mr. Harrison gave a brief description ofthe Project (below defined). He explained that the Borrower has applied to the Authority for up to $9,100,000 of its industrial development revenue bonds to assist the Borrower for the purpose of financing the acquisition, construction and equipping of an approximately 82,000 square foot manufacturing facility on a 9,296 acre parcel ofland located at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia Beach, Virginia for lease to London Bridge Trading Company, LTD. for use in its business of manufacturing sewn nylon equipment (the "Project"). Mr. Harrison and Mr. McDougal answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance ofthe Authority's industrial development revenue bonds in a principal amount not to exceed $9,100,000 and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. ~...~ "~ Chairman r ?-" Dated: August 15,2006 #I029196v.2 Bl-47662.1 3/6/02 EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AMENDING RESOLUTION OF INTENT ADOPTED NOVEMBER 18, 2004, AS AMENDED ON MAY 19, 2005~ TO ISSUE BONDS FOR LONDON BRIDGE HOLDING, LLC TO ACQffiRE, CONSTRUCT AND EQUIP A MANUFACTURING FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD. WHEREAS, on November 18, 2004, the City of Virginia Beach Development Authority (the "Authority") adopted a Resolution (the "Resolution of Intent") wherein it agreed to cooperate with London Bridge Holding, LLC (the "Company") in the review and evaluation of the Company's application to finance an approximately 51,000 square foot manufacturing facility (the "Project"), located on property known as Parcel 3-B as shown on the Subdivision of Residual Parcel 3, GPIN No. 1496-98-1048, containing 6.546 acres and located at the northwestern intersection of London Bridge Road and Precision Drive in Virginia Beach, Virginia for lease to London Bridge Trading Company, Ltd. for use in its business of manufacturing sewn nylon equipment; and WHEREAS, on May 19, 2005, the Authority adopted a Resolution amending the Resolution of Intent (the "Amendatory Resolution") wherein it (a) agreed to cooperate with the Company in regard to the Company's desire to increase the square footage of the Project to 82,000 square feet to accommodate the growth in the manufacturing business of London Bridge Trading Company, Ltd., (b) approved the increase in the maximum principal amount of the Industrial Development Revenue Bonds authorized pursuant to Section 4 of the Authority's Resolution of Intent from $5,500,000 to $9,100,000 and (c) approved the increase in the amount reasonably expected to be incurred by the Company prior to the issuance of the Bonds and to be reimbursed by the Authority from the proceeds of the Bonds prior to the issuance of the Bonds from $5,500,000 to $9,100,000; and WHEREAS, the Amendatory Resolution required that the Bonds authorized under the Resolution of Intent, as amended by the Amendatory Resolution, be issued within one (1) year of the date of the Amendatory Resolution; and WHEREAS, due to circumstances beyond the Company's control in connection with the construction of the Project, completion of the Project has been delayed and the Company has requested that the Authority extend the date by which the Bonds authorized under the Amendatory Resolution must be issued to one (1) year from the date ofthis Resolution; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950, as amended (the "Code"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: I. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of this Resolution. 2. Unless this Resolution is extended by the Authority, the Bonds authorized under the Resolution of Intent, as amended by the Amendatory Resolution, and as further amended by this Resolution, shall be issued within one (1) year of the date of this Resolution or the Resolution of Intent, as amended by the Amendatory Resolution, and as further amended by this Resolution shall become void and of no further force or effect. 3. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Bonds in the principal amount of $9,100,000 and hereby directs the Chairman or Vice-Chairman of the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, a copy of the Resolution of Intent, as amended by the Amendatory Resolution, and as further amended by this Resolution. 4. All terms of the Resolution of Intent, as amended by the Amendatory Resolution, not amended hereby, shall remain in full force and effect. This Resolution shall take effect immediately upon its adoption. ADOPTED: August 15,2006. CITY OF VIRGINIA BEACH DEVELOP! lENT AUTHORITY BY~ ~ ~ ~ ~~st~~ ~ary c....\., 0-.. " (' 2 EXHIBIT D DISCLOSURE STAlEMENT Date: Augnst 15, 2006 APl'1i6ant LONDON BRIDGE HOLDING, LLC All Owners (If different from Applicant): None TyPe of Application: $9,100,000 Industrial Development Revenue Bonds to assist Applicant in acquisition, construction and equipping of an approximately 82,000 square foot manufacturing facility on a . 9.296 acre parcel of. land located at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia B each, Virginia for lease to London Bridge' Trading Company, LTD. for use in its business of manufacturing sewn nylon equipment (the ''Project"). 1. The Applicant is a Virginia limi~~d liability company. ,2. The Applicant will be the .owner of the ~oject. 3. London Bridge Trading Company, LID. is a Vttginia corporation whose .;~!:.:t . '. sole. shareholders, Douglas McDougal and Linda McDougal, are the ori!y members of London Bridge Holding, LLC. LONDON BRIDGE HOLDlNG, LLC. By ~ mc~ Douglas ougal, Authorized ember ;fl029189 v2 . Disclssoure Stat=cnt ~ Lonllon Bridge (5/19/0)) Exhibit E VIRGINIA BEP1CH Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF THE ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AMENDING RESOLUTION OF iNTENT, ADOPTED NOVEMBER 18, 2004 AS AMENDED ON MAY 19, 2005, TO ISSUE BONDS FOR LONDON BRIDGE HOLDING LLC TO ACQUIRE, CONSTRUCT AND EQUIP AN APPROXIMATELY 51,000 SQUARE FOOT MANUFACTURING FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD. The Development Authority recommends approval of the above-referenced financing. The benefits of the Project to the City include increased employment to 250 jobs (205 current, estimated 45 more); additional local taxes to be paid in the amount of$80,000; service to local military and law enforcement units; and growth of local business already located in the City of Virginia Beach, Virginia. Exhibit F FISCAL IMPACT STATEMENT DATE: August 15,2006 TO: CITY COUNCIL OF THE CITY OF VlRGINIA BEACH APPLICANT: London Bridge Holding, LLC TYPE OF FACILITY: Manufacturing facility for sewn nylon equipment 1. Maximum amount of financing sought: 2. Estimated taxable value of the facility's real property to be constructed in the municipality: 3. Estimated real property tax per year using present tax rates: 4. Estimated personal property tax per year using present tax rates: 5. Estimated merchant's capital (business license) tax per year using present tax rates: 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality: (b) Estimated dollar value per year of good that will be purchased from non-Virginia companies within the locality: ( c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality: (d) Estimated dollar value per year of services that will purchased from non-Virginia companies within the locality: 7. Estimated number of regular Employees on year round basis: 8. Average annual salary per employee: $9,100,000 $7,965,000 $ 80,000 $ 22,000 $ 7,000 $ 350,000 $ 0 $ 75,000 $ 0 250 $ 19,700 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: ~.v~\./~ / ChaIr :;:r- Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: London Bridge Holding, LLC Project 2. LOCATION: Northwestern comer of intersection of London Bridge Road and Precision Drive. 3. DESCRIPTION OF PROJECT: acquisition, construction and equipping of an approximately 82,000 square foot split level building on a 9.296 acre parcel of land located at northwestern comer of intersection of London Bridge Road and Precision Drive, Virginia Beach, Virginia for lease to London Bridge Trading Company, L TD. for use in its business of manufacturing sewn nylon equipment. 4. AMOUNT OF BOND ISSUE: $9,100,000 5. PRINCIPALS: Douglas McDougal Linda McDougal 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: 12 b. Is rezoning proposed? Yes No x c. If so, to what zoning classification? NOTE: PAPER. 1123064>.1 THIS DOCUMENT MUST BE ON 8 -1/2 X 14 INCH PLAIN BOND Exhibit H VIRGINIA BEACH August 15,2006 Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com Mr. Donald V. Jellig Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: London Bridge Holding LLC Bond Financing Dear Don: The Virginia Beach Development Authority, at its November 18, 2004 meeting, approved the issuance of industrial revenue bonds in an amount not to exceed $5,500,000 for London Bridge Holding LLC's 51,000 sq. ft. manufacturing facility for lease to London Bridge Trading Company, LTD. At its May 19,2005 meeting, the Authority approved the amended resolution in an amount not to exceed $9,100,000 to acquire, construct and equip an approximately 82,000 sq. ft. manufacturing facility. Due to the provision requiring the bonds to be issued within one year of the date of the adoption of the resolution, London Bridge Holding LLC is requesting an extension so that the bonds may be issued on or before August 15,2007. The resulting public benefits are as follows: (a) this is in the best interest of the public and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity, and (b) the acquisition, constructing, and equipping of the Project for the Company in the City will provide a public benefit to the City by, among other things, promoting industry, commerce and developing trade. It is the finding of the Department of Economic Development that the proposed extension be approved. I will be happy to answer any questions you may have at our meeting. Sincerely, -\'<\~W~ ~ Mark R. Wawner Project Development Coordinator MRW:lls ~\"1A'~" ,{i~1~.':~ fPl' .~-1.'9.' /::~ .' ~:t, (u: . .S;, ,~\~ i;; "',,4 a.:'.J ~.~~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City owned property known as Lake Joyce and a portion of the 20' strip of land owned by the City surrounding Lake Joyce, located at the rear of 4513 Powells Point Drive, by Derek E. Richardson and Alwyne J. Richardson. MEETING DATE: October 10, 2006 . Background: Derek E. Richardson and Alwyne J. Richardson have requested permission to construct and maintain an 18' x 27' pier and maintain an existing block bulkhead and pier, in a portion of the City owned property known as Lake Joyce and in a portion of the 20'strip of land owned by the City surrounding Lake Joyce, located at the rear of 4513 Powells Point Drive. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce and in the 20' strip of land surrounding Lake Joyce, where the applicants have requested to encroach. . 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, Location Map, Plat and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: .'public WorkslReal ES~ City Manage~ 't::06tSi'i 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE TEMPORARY 5 ENCROACHMENTS INTO A PORTION OF THE 6 CITY OWNED PROPERTY KNOWN AS LAKE 7 JOYCE AND A PORTION OF THE 20' STRIP 8 OF LAND OWNED BY THE CITY SURROUNDING 9 LAKE JOYCE, LOCATED AT THE REAR OF 10 4513 POWELLS POINT DRIVE BY DEREK E. 11 RICHARDSON AND ALWYNE J. RICHARDSON 12 13 14 WHEREAS, Derek E. Richardson and Alwyne J. Richardson 18 desire to construct and maintain an 18' X 27' pier and to maintain an existing block bulkhead and pier in a portion of the City owned property known as Lake Joyce and in a portion of the 20' strip of land owned by the City surrounding Lake Joyce, located at the rear of 4513 Powells Point Drive. 15 16 17 19 20 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments in the City's property subject 23 to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Derek E. Richardson and A1wyne J. Richardson, their 29 heirs, assigns and successors in title are authorized to 30 construct and maintain an 18' X 27' pier and maintain an 47 48 49 50 51 52 31 existing block bulkhead and pier into portions of the City's 32 property as shown on the map marked Exhibit "A" and entitled: 33 34 35 36 37 38 "PHYSICAL SURVEY OF LOT 27, POWELLS POINT FOR DEREK E. RICHARDSON AND ALWYNE J. RICHARDSON, VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments 39 are expressly subj ect to those terms, conditions and criteria 40 contained in the Agreement between the City of Virginia Beach 41 and Derek E. Richardson and Alwyne J. Richardson (the 42 "Agreement"), which is attached hereto and incorporated by 43 reference; and 44 BE IT FURTHER ORDAINED, that the City Manager or his 45 authorized designee 4 6 Agreement; and is hereby authorized to execute the BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Derek E. Richardson and Alwyne J. Richardson and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, the day of on 2006. CA-I0103 X:\OID\REAL ESTATE\Encroachments\PWOrdinances\CAlOl03\Richardson.doc V:\applications\citylawprod\cycom32\Wpdocs\DOOS\P001\OO019686.DOC R-l PREPARED: 9/14/06 APPROVED AS TO CONTENTS ~C1JfI\g C. ~&..- P / eal Estate APPROVED AS TO LEGAL /SUF.FI.CJEN~ MJD FO~ , ----.,. \" : \ \l\,A --L ) L,", i~ CITY' ATTORNEY- PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of July, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DEREK E. RICHARDSON and ALWYNE J. RICHARDSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 27, Powells Point as shown on that certain plat entitled: "POWELLS POINT, PROPERTY OF EVELYN POWELL, SITUATE IN KEMPSVILLE DISTRICT, PRINCESS ANNE COUNTY, VIRGINIA" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 36, and being further designated, known, and described as 4513 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain an 18' x 27' pIer, and to maintain an existing block bulkhead and pier, collectively "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce and into a portion of the 20' strip of land owned by the City surrounding Lake Joyce, "the Encroachment Area"; and GPINs: 1479-69-5625 1570-80-2438 (Lake Joyce) No GPIN-20' Strip of Property Owned by the City of Virginia Beach WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($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 27, POWELLS POINT FOR DEREK E. RICHARDSON AND ALWYNE J. RICHARDSON, 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 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 the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such .insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,OOO.00~ combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge 3 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, Derek E. Richardson and Alwyne J. Richardson, 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. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 ~E. Derek E. Richardson ~&dM~ Alwyn . Ri ardson STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER! AUTHORIZED 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 BEACH. Notary Public My Commission Expires: 5 STATE OF Q CITY/COUNTY OF I/' ~ V~ to-wit: '/L.. 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'~ .,0'" ~, -:;'i'~ _-~.~ ",.. - l';,' ,.,1' ,/' ....., ;- j ii' . i;' I, I, ~,,~ . .'f i ".:,.~., (, ',!'-.', ' 1: f. N ,4,- ,",(,., If: "! " ; .:t\ $' '. ! ~ .' j'~ N W+E S Feet I I o 100 200 400 Prepared by P.W./Eng.lEng. Support Services Bureau 8/1/06 X:\Projects\ARC Files\Agenda Maps\Powells Point Dr ,. ~~ "'~~~>.;"Y.:-o. r;';Fl'^""" ,",\1 ft;Of~' -..... ~z) (0; :5'.. ~ . ;..,...- : . .. (~;~{/J ~f '"' CITY OF VIRGINIA BEACH AGENDA ITEM ~ \... ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right of way known as Cardinal Road by Birdneck Point Community League, Inc., a Virginia non-stock corporation. MEETING DATE: October 10, 2006 . Background: The Birdneck Point Community League, Inc. (the "Community League") has requested permission to construct and maintain neighborhood identification signs, a decorative masonry and iron fence, decorative masonry and brick columns, concrete pavers with stained concrete borders, brick pavers with brick borders, a flag pole, landscaping, a lighting system and an irrigation system, in a portion of the City's right of way known as Cardinal Road, at its intersection with Laskin Road. l\Ione of the proposed encroachments will be located in the right of way of Laskin Road. The Community League maintains existing entrance improvements at this location, but those improvements are in need of replacement due to age and condition. The Community League determined that it would be in its best interest to replace all of its existing entrance improvements with new ones, with the exception of the flag pole. It will be relocated to a new position approximately 20' to the west of where It is presently located. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same. Similar encroachments serving communities throughout the City, including the one presently serving Birdneck Point at this intersection, have been in existence for many years. . Public Information: Advertisement of City Council Agenda. . Alternatives: Deny the encroachments, approve the encroachments as presented, or approve the encroachments with conditions as desired by Council. . Recommendations: Approve the request. . Attachments: Ordinance, Location Map, Agreement, Exhibit "A" and Pictures Recommended Action: Approval. Submitting Department/Agency: Public Works/Real Estat~ City Manage : ~ ~ ) ~~ 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE 5 TEMPORARY ENCROACHMENTS INTO A 6 PORTION OF THE CITY RIGHT OF 7 WAY KNOWN AS CARDINAL ROAD, BY 8 BIRDNECK POINT COMMUNITY 9 LEAGUE, INC., A VIRGINIA NON- 10 STOCK CORPORATION 11 12 13 WHEREAS, Birdneck Point Community League, Inc., a Virginia 14 non-stock corporation, desires to construct and maintain 15 neighborhood identification signs, a decorative masonry and 16 iron fence, decorative masonry and brick columns, concrete 17 pavers with stained concrete borders, brick pavers with brick 18 borders, a flag pole, landscaping, a lighting system and an 19 irrigation system within a portion of the City's right of way 20 known as Cardinal Road. 21 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 23 authorize temporary encroachments upon the City's right of way 24 subject to such terms and conditions as Council may prescribe. 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That pursuant to the authority and to the extent thereof 28 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 29 as amended, Birdneck Point Community League, Inc., its assigns 30 and successors in title are authorized to construct and maintain 31 temporary encroachments for neighborhood identification signs, a 32 decorative masonry and iron fence, decorative masonry and brick 33 columns, concrete pavers with stained concrete borders, brick 34 pavers with brick borders, a flag pole, landscaping, a lighting 35 system and an irrigation system in a portion of the City's right 36 of way as shown on the six (6) page map marked Exhibit "A" and 37 entitled: "BIRDNECK POINT ENTRANCE VIRGINIA BEACH, VIRGINIA," a 38 copy of which is on file in the Department of Public Works and 39 to which reference is made for a more particular description; 40 and 41 BE IT FURTHER ORDAINED, that the temporary encroachments 42 are expressly subj ect to those terms , conditions and criteria 43 contained in the Agreement between the City of Virginia Beach 44 and Birdneck Point Community League, Inc. , the "Agreement", 45 which is attached hereto and incorporated by reference; and 46 BE IT FURTHER ORDAINED, that the City Manager or his 4 7 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 Birdneck Point Community League, Inc. 51 and the City Manager or his authorized designee execute the 52 Agreement. 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the day of , 2006. CA-10019 X:\OID\REAL ESTATE\Eneroaehrnents\PW Ordinanees\CA10019 Birdneek Community League, Ine.doe V:\applieations/eitylayprod\eyeom32\\Wpdoes\D029\P001\00019453.DOC R-1 Prepared: 9/13/06 "ml{:!. C. w.,JJSv., /Real Estate APPROVED AS TO LEGAL OOFFICIENCY,..llliD FORM ,." 'J \. '\ .. -'\..." ' "_, 1l\.\.. -~ )~'\.".' CITY- ATTORNEY APPROVED AS TO CONTENTS PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 16th day of August, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BIRDNECK POINT COMMUNITY LEAGUE, INC., a Virginia non-stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, it is proposed by the Grantee to construct and maintain neighborhood identification signs, a decorative masonry and iron fence, decorative masonry and brick columns, concrete pavers with stained concrete borders, brick pavers with brick borders, a flag pole, landscaping, a lighting system and an irrigation system, collectively "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right of way known as Cardinal Road, "the Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. No GPIN Required or Assigned to City Right of Way known as Cardinal Road GPIN # 2418-50-0297 GPIN # 2418-50-3342 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 six (6) page plat entitled: "BIRDNECK POINT ENTRANCE VIRGINIA BEACH, VIRGINIA," 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, damages, losses 2 and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence ofthe 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 submit and have approved a traffic control plan before commencing work in the Encroachment Area. 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 3 written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the portion of the Temporary Encroachment identified as "neighborhood identification signs" may not exceed 16 square feet per face, 2 faces, or 12 feet above the natural grade. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. 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. 4 IN WITNESS WHEREOF, the said Birdneck Point Community League, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by its president. 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! Authorized Designee of the 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 BJRDNECK POINT COM~UNITY LEAGUE, INC. 'I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA CITY/C0UNJ>Y OF /{R"".-J/~ &-'*./:i-, to-wit: I The foregoing instrument was acknowledged before me this )tr ~ day of k\ 0 bO;, {" , 2006, by L;Jw~~'6 A, OLcszt.~ President, on behalf of Birdneck Point Community League, Inc.. ~td (('~~ tJ - .......... Notary Public My Commission Expires: 0 ~ I '3 ( ( Lc907 APPROVED AS TO CONTENTS )/~~.~... ./ PlD ROlJ Eat-citt DEPARTMENT ,~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM /T'\., i"\ .:'". . ,C , "--4...' i .. , ': -""; 'i. t" J \ \~.l\..,~., ) It, \\ X:\Projects\Encroachments\Applicants\Birdneck Point Community Association - Columns Landscape etc - PHA\Agreement Encroachment.Frm.doc 6 UBld luaUJlj:lBoJ:lu=:i . V. Ilq!ljX=:i all'lb.....,..,,,O ve'ld."up I ~<l ! I , I rf! VINIOtll^ 'HOV=:i8 VINIOtll1\ ~ ~:: ~ im :3~N\il:J1N:3 lNIOd )f~:3NOl:J18 g g ~ ~ ~ ~ i!/~ ~~ ~If ~o u~ ~~ u2 ~ ~ i ~w e7'l g~ ~~ ~g a~ ~" ~iii r~.IO'd ~ ::> -! r C:: _ ('>.;. 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"" '-- CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to authorize Temporary Encroachments into portions of the existing City rights-of-way known as 10th Street and Atlantic Boulevard (formerly known as Ocean Avenue), also known as the Boardwalk, located adjacent to GPINs 2427-24-6673, 2427- 24-7424,2427-24-6850 and 2424-24-5785 for Dunes Investment Associates, LLC. MEETING DATE: October 10,2006 . Background: Dunes Investment Associates, LLC has requested permission to construct and maintain paver walkways, landscaping, an irrigation system, lighting and associated electrical conduit into portions of the City rights-of-way known as 10th Street and Atlantic Boulevard (formerly Ocean Avenue), also known as the Boardwalk, and located adjacent to its property located on the south side of 10th Street (GPINs 2427-24-6673 and 2427- 24-7424) and located on the north side of 10th Street (GPINs 2427-24-6850 and 2424- 24-5785) that is currently being developed as a hotel and condominium project. . Considerations: There are existing encroachments in the side street rights-of-way and the Boardwalk area at the Oceanfront associated with other hotel and condominium developments, similar to the encroachments Dunes Investment Associates, LLC has requested. It is understood the walkways will remain open to the public. City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Pictures and Location Map. Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estat~ City Manage. \L ,~t"O'l, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO PORTIONS OF THE EXISTING CITY RIGHTS-OF-WAY KNOWN AS 10TH STREET AND ATLANTIC BOULEVARD (FORMERLY KNOWN AS OCEAN AVENUE), ALSO KNOWN AS THE BOARDWALK, LOCATED ADJACENT TO GPINS 2427-24-6673, 2427- 24-7424, 2427-24-6850 AND 2424-24-5785 BY DUNES INVESTMENT ASSOCIATES, LLC, A VIRGINIA LIMITED LIABLITY COMPANY. WHEREAS, Dunes Investment Associates, LLC, a Virginia 19 limited liability company, desires to construct and maintain 20 paver walkways, landscaping, an irrigation system, lighting and 21 associated electrical conduit into portions of the City rights-of- 22 way known as 10th Street and Atlantic Boulevard (formerly known 23 as Ocean Avenue), also known as the Boardwalk. 24 WHEREAS, City Council is authorized pursuant to S:S: 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 26 authorize temporary encroachments into the City's rights-of-way 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 S:S: 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 32 as amended, Dunes Investment Associates, LLC, a Virginia limited 33 liability company, its asslgns and successors In title are 34 authorized to construct and maintain a temporary encroachment 35 for paver walkways, landscaping, an irrigation system, lighting 36 and associated electrical conduit in the City rights-of-way of 37 10th Street and Atlantic Boulevard (formerly known as Ocean 38 Avenue), also known as the Boardwalk, as shown on those 16 39 exhibit maps marked Exhibit "An and entitled: "PROPOSED 40 ENCROACHMENT FOR SPRINGHILL SUITES/921 OCEANS CONDOS 9TH AND 10TH 41 STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT 42 #05137 (NOT TO SCALE) n, copies of which are on file in the 43 Department of Public Works and to which reference is made for a 44 more particular description; and 45 BE IT FURTHER ORDAINED, that the temporary encroachments 46 are expressly subj ect to those terms, conditions and criteria 47 contained in the Agreement between the City of Virginia Beach 48 49 and Dunes Investment Associates, LLC, a Virginia limited liabili ty company, (the "Agreementn) , which is attached hereto 50 and incorporated by reference; and 51 BE IT FURTHER ORDAINED, that the City Manager or his 52 authorized designee is hereby authorized to execute the 53 Agreement; and 54 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 55 effect until such time as Dunes Investment Associates, LLC, a 56 Virginia limited liability company, and the City Manager or his 57 authorized designee execute the Agreement. 58 Adopted by the Council of the City of Virginia Beach, day of 2006. 59 Virginia, on the CA-IOOOO PREPARED: 09/07/06 CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM JiliJPv ~ ~ CITY A TORNEY X: \OID\REAL ESTATE\Encroachments\PW Ordinances\CAIOOOO Dunes Investment Associates, LLC.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.l-811(C) (4) THIS AGREEMENT, made this 14th day of August , 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DUNES INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels ofland designated and described in that deed recorded as Instrument Number 200509130147134 in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia; WHEREAS, it is proposed by the Grantee to construct and maintain paver walkways, landscaping, an irrigation system, lighting and associated electrical conduit, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City rights-of-way known as 10th Street and Atlantic Boulevard (formerly Ocean Avenue), also known as the Boardwalk, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in GPIN's: 2427-24-6850-0000; 2427-24-5785-0000; 2427-24-6673-0000; 2427-24-7424-0000 and NO GPIN ASSIGNED TO CITY RIGHTS-OF-WAY 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 those certain plats entitled: "PROPOSED ENCROACHMENT FOR SPRINGHILL SUITES/921 OCEANS CONDOS 9TH AND 10TH STREET ON A TLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE)". Said plats are not dated and consist of a total of sixteen (16) sheets, copies of which are attached hereto collectively 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. 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 2 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. 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 landscaping materials must 3 be approved by the Parks & Landscape Services Division of the Department of Parks and Recreation. 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, the said DUNES INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by THOMAS J. LYONS, JR., Member, with due authority to bind said limited liability company. 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. 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk DUNES INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/EOUNT:V OF V i~( N 1,4 ~C~t+, to-wit: The foregoing instrument was acknowledged before me this J 44 1-1 day of A-u~ ubi ,2006, by THOMAS J. LYONS, JR., Managing Member on behalf of DUNES INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company. k J . . ~. . ,1 \.... , . ; e ~t"-t--<"AJ r ./Jnll--fJ,~ Notary Public My Commission Expires: Jf'1.N.UA-P-,-/ ~i I .:J-o I () APPROVED AS TO LEGAL SUFFICIENCY AND FORM JAlLlCL ct W\tU}W0 APPROVED AS TO CONTENT ~ C. ~A\. p'J CITY REAL ESTATE AGENT CITY ATTORNEY 6 \2 ~ ~"vl ! I ~ I I b/' ~ ~ I ~\. 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A TLAN-TlC A VENUE (80 J R/w) -0-- 55A1H RIM= /1.70 FL=5.60 )TAL AREA = 0,500 SF OR ),241 ACRES i ASPHALT QI \1' ,') II" LOT 1 EiASTER MOST 'OUND RY OF A LANTfC AVENU UGHT POLE' 101 18" 55- -55 18" I ~ ~ ~\ / ~ \ EXISTING TOPOGRAPHY W/ UTILITIES FOR SPRIf\JGHILL SUITES/921 OCEANS CONDOS 9TH AND 10TH STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE) MSA) p.(e. - Landscape Architecture. Planning Surveying . Engineering Environmental Sciences 5U]] nOt'SF; DlUVE, YlRGI!'f!\ HP-,\CH, \'.\ :.1'61.3708 PHO:--;E {757} 4fjo..lJ~',1 . l:,\X (75i)"IJO-Ot:iH SHEET 5 OF 16 ~hlJ. 20 n g3 114 ~ T 5~ ~L\~5'P 0\-+-\ 0 u X'I\~~~' L 7..S7, \ 7, ~) 7,~) IrJ ,60 -P1 \ \ ~\ 7' ~ ~ ===dJ~__ _ L c; 15" l- - -1~M~I!.56 '~:::"67 I = = ST= = hll Fl"W I r46 I II 16.5\ JU' ~~[ (Lt9 ". )\JiL rr'') . ,rJ....- ~J!' .. t-. II ;; PfgRNER ~ 0.50 I rr ONNPEO 0." 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OW\'E. \"IHGIl\'I,' m:'\CH V-,\ !J.J"!.Ji/1x Jlj'IOXE {1;i} 49tJ.l)261 . r..\x {7S')'~fJ:').06J~ ,....... I- W W :c (f) w w (f) w z :J :c o I- <( :2 SHEET 6 OF 16 ~ -.J <t S o 0:::: <t o m 9 133HS 33S 3NIlHJlltl"l II - II ~.ol~~' III ~~ ~ I # ~~~ :~~ - rr ~ III ; ljl m r~ II II II ~~, II 1/1 II ~ IT ~~! I 9 133HS 335 3NIlHJl 'v'~ I I () Z Q <t U (f) o z <( -.J ",< ~ ~..s:>. - ...- ..... r ~1"d::> ...- . ...- ...- "'" )( ~~ "', "'" ..0 ~~. ~~ ~ 0"'-' ,~~.~ .~ ~ -;-l ~ ...- ~ ""' w- ;S ~~ ~ 4..J"'" ~~ s:s~ ttlC,3 ~c:s ~~ ~~ ~~ ""'~ ~ ." ~ v' o ,r.. --=-.: o ~"" I :w I OJ -~ co :t t") 1J) < OJ '"" ,.., r-.: ..., N o 0..J0 ?j~<J') F! i! II (/]f-I-N >-f-IOl Cl:02~ 0- w - I-Cl:I (/]0:: <(0 tO~O ..J CD I~ I~ -0: CD ;:: u.. o I' r I jj::L1~~i i I It: l"- I- W W I If) .~~ 0 e ::: 2,OU)~.... U c:: ~ lU 1~ . 0:: -5 ~ ;;; -' . ~ v ~,:;: ~' ~.I:;'CJ ij:; :; &lei) 1:.7 -t::--.=",: ~ ~ c;: :;"- ~t"\ .~ 1: ~:! ~. ....=::::. 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I)tr\ \ ~ '<t I l~\ I II ..A I ';- \ / t "l I \ I 26 \ \ .u 1. \[ If ~ ~:- ,~.\ ~VI i NI- W '\= ~ V ~ ,~" II r-- ~~ i\' itX I nN'f"'1 7"1 ,..., -<C ~\. .. u IIII~..< \~G i,t~' 'Lk.L1' "'T I.>;>. ~ ~7 EASTERN MOST- I!" 11 <11' ~4 91.. ~7FA\VEf-;; iT~::r BOUNDARY OF Ir rll '\ ,S "'. \~\. ri / AJ../I \ ,1/~\ ATLANllC AVENUE UI H\~i ''Iv " 1\'0) V/I i. 28 ~ QC \~'/,/ ,) I v;J \,:P ~ --- 1/ II BRICK c, ~ ~,_ . I If:i/ 8~ICK "( )V .(--.( ~ L ./ II II II I i..I4 \ '\' I tv1TIT\. I I ,:;. "y>,r>V'?'Y""" " T T I ,I. [~22 I ' I r I ~,', i;,~ "\~r~1~;: I: kC/~'l:: ,,' ~~.~/6W , ,.... ~ i. -o-~M ./\ Ii,; IV "t\\ u...... ~ ~ ,I~ 1 I :1~" w ELEC ' '70.00'" ,e~~i'V'I*'.:60'1 .\ ",-. wvl1 . ed:cBox, ...' . ~;r~ cEr'- BEtn.. ',' \1," /1i"1r,/. ,.' f AI'. '\Y". '-.", "iU \\,-','ftl, ,,'., '. " -I+-r-L ,,0:~L\ ~'I /1 SFji. 1fr7\~\:J;X.'7,..,2si7l.\\' \ VI /R\ J .~. ,~y -L ' I_ I I . ~~1-7 "7] :::Jgi ...\/0 ,..' '1-" -~-~r liS -i-. ~--- b;1 ~ D~A .,~ A' 'l. / -'I ~ ] ~I ii, )RI!.I=/I.55 \~p \V I a \,.,r ~.f '1\' CB -- - l~ 'IC ,\.0 INV= :tIDY/' r-rr'w SIOEWALK-..1 SlMHulG/ \\,\ '1C \'1.07- R/~=//55 ~EASTERN MOST:0, RIM=/'):t1 FL-7.65 I BOUNDARY OF :t53 NEW CG-6 CURB--1 FL=6...J8 EXISTING CURB I ATLANTIC AVENUE :t53' NEW BRICK P A VERS...J & GUTTER - - - - - - - - - - - - - - -'r - "V - - - - - - - - - - - - - - -~r - - _. A TLAn>>~ A VENUE (80' R/f1/) VOOT ST'D CGu:v12A CURB ;!?"AMP -0-- 3".:> Ii If or 11 If If ~- ~<':""II :/ \ II II t ~ I 11/ 11/ o lrJ LCONDO ABOVE ) 48 47 4 f;. /8" 55- SSMH RIM= /J, 70 FL=560 \,~C"" '\ "'~ , '\, " , ",,- \\ ~ .~ I I \ NOTE: THE EXISllNG LIGHTING WILL BE LEFT IN PLACE OR REINSTALLED IN THIS AREA. THE EXISTING IRRIGAllON SYSTEM WILL REMAIN. NO NEW IRRIGA TlON WILL BE ADDED. # ~ LIGHTING AND IRRIGATION PLAN FOR SPRINGHill SUITES/921 OCEANS 9TH AND 10TH STREET ON JI.TLANTIC VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE) CONDOS ,AVENUE MS.f-"\.., P ~(C. Landscape Architecture. Planning Surveying . Engineering Environmental Sciences Sllt1 nOl:,:m nnn"E. l"WGJ:VlA D&\CIJ. VA .2H6:.JiOS J'JtO:\"E riS-ry ..90-'n:)i . F..,X (is?) "')O.IH'I)4 I I J I Ii -rr I , I i I I , I SHEET 9 OF 16 ( ~q nYH VIRGINIA ~.~:ACH BOARDWALK) f~fJ20 oJ 11.51 \70'P {,;. I I I I I I r I {;- fJ <!/.~t' 1 .\ I I I 10" 0J1. n'J-J I I I II "S) ,,6~ ..- \. ,v \I.' 1. ~1'V iv ..- ,JP. gB )( "".-- ----._- I I I Ii \ - - - 7' I- y.i'O EXISTING PAVERS~ I I I \ ----f-EXISTING PAVERS ~ ~i9 TO REMAIN ~.:\~ I I 1 I \ II 0.\6 TO REMAIN V5 - , - - - I I I I \ w:.:..... ,5" - --_==:=1 -1--4==[ l-!-' --5T--- t:1 01 I I' 01 I '-'IH -- ---Vl BRICK w g NEW BRICK PAVERS I I IIA V-L~'/jO: P--\5.46/1 PAVERS WALKWAY ~ -H ~ ___ I ~II f I , , ' <..> \rJ.~~7, I I'" 1 I.....,. II I-.rlJ:'r~ :11 11"- _~~fn _ ~ ~ ,. ~~.....u II I,~ I :ilj -, 6,l\ Il II 1/ "~II II II 3-- ~ 7 \ ' I I I .--LI'zAC 0 COM l' 7/)' I1r I I I I. Lpo.L€ .0,9 BOX ..- , fAr 'J)-) I I. .'d,~li" i ,1.,).// \' 1 3'48'19" E 70.00' I~\ I I + L~ :Y __' . -'- ," P\~\: be. I I I II j.. 7~NER nr i _ Il''''~ Y' ^? '/1 I )~ i- I I I I 1~~~~:II"i~~ I L;2rf/ I ~I i Itw~L7 TVPEO x II 11 II II Il 1/ IV 1/ I ::::.::: I I h-Ir, u r- II rvlV I, -f-J I I '" II 1/ _;: ~I; II 1/ II II H -n Of II II I/;I J ~ I , [~ 1::& G nr -p,- 'II H -.- ~/ ~ I ,~I I II ~ IT 'II' I II V "KII 11/ 01 ) I (G I I ~ -II II ..Y' J/ R/!.I=/U / I: I i I.{) ...... 1)--- /NV=7.9 . /1 r" I ri:=\ I r1r 1\ l' " II \1 'I-'OOL HOUSE .', ' I I I I I \ ~ AND POOL ~ ~ I I :;;: T T 'I ~ (SEE ARCHITECTURE . ~/ ~ III \I~, I ./,11~;<1 I ~ PLANS BY SISKA UL_ V I g vr ~ AURAND LANDSCAPI;t(f "-J Y I g If! III I \~I I I-LI ':!P \ ~ I , ARCHITECTS, INCX~;:Y ~ I~ I / \1 IT I~ I '~ I \ V) l{--' If l Nr' r--.., d' ,,'I I, l.c_, I 1 ~ ~ :-!l .~ II-i,D ITLrr~l ~~ Ie II V'Y i-L T 11) j) ! -'- ~ ~ ~ *1 I. lilli/III I Yv \' I I ! I I' II" ~ \ I I I I 'lY!I II II '{--<)... 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V 1 I I I"- 111;:'/ . tl!l! ~ f<L- /' I I <; A TlANTIC AVENUE \ 1 1 ) III I'" ["l ~ .n61'0 I ~~'f;t -t:: TO BE, REMOVED ~ '---/ ~ ~ IJ?;:I/ GC 1" ~ ('X~ICAL) ~~ A'L:,;--= Jl II ;; ,r ~(I~ ..~~ m - i\ 130 If~ ... : 'X'X'X'X' 0 ) ~M ~, 1\ Ii- ? ~<,; ~ If--(, , ~I II~ ~ (Y'hlL 1l~~""':I? )'" ,6 '(;~~I\ II ~ tf;.'] ~ L.-1 >:< </.y.? ~ y 'V'<'< ~ ~.6..~ 1,-<: ,~~ l.AJ >-< V.~-<UGHTY'''~A~ ~I;"~ ~ 'i\.':X431/ LII :. ...i ~ ;K48 47_ 4 UlLlJ.ilXL"'POU' 11 r":'l:.ll.:ll!.j I ~INr. 'Kt'\'~.q .f) -r I:' ,~'~-11 -6 . ../" r. . . _?-.. .A' ^. . . ^' . . . . OCI-,jj) . if . C ~/..;t I . . X X' ..':11.) .t ^ -', . 1,'1'" 1 Jill. I..-:~/"f . r~ "L 'I' ,.' .~~P~'., ..,,' ,,'~\)\'.')~ryJ~:'.~(), '.~R/w~~\i.~E~fij80X"...~*C -~~ ., ~ ~ /1 'h1'7\\l'~~ ST~-\\.' , "'I I" ~,,\. _ r----J- _ 5 !-r- -L~_ ~=i' >--7 I _U' "V ..i\../'.~ . -,- '1.... \11 i ~ it r -I- 52 ~17L.ctL- ~~.....::....-- "..fl ~i\'_ ~ ~ ~,I 36~-1S7()J:t:!!..~'5 \\,6'-t\"1'11 '\ 0 i'\..J/ 1'1], V s5J~pB52 '\ Z T2 "'\ l~ if/\I'\ ~G \\.\ 5 J ~;:;::(1J!.~V5 \(~./5,.Y/~AT6~~V 1 , -EASTERN MOST '------.-/ fTlIY! , '------.-/ ''-.:.Y I BOUNDARY OF FL=r5. '8 I ATLANTIC AVENUE --------------~r-W--------------~~---. A RAn-TIC A VENUE (80' R/W) x /8" 18" 55- -0-- -55- 55MH R/M=//JO fZ =560 51 141 S2 159 S3 39 54 41 S5 11 S6 126 S7 187, Ge1 089 ~ PLANT LIST COMMON NAME Windmill Palm Columnar Red Maple Dwarf Fountain Gross Dwarf Indian Hawthrone Hollywood Juniper Maiden Gross Pampas Grass Parson's Juniper Pink Hair Grass Happy Returns Dayliles ~ ~ BOTANICAL NAME Trach cor us fortunei Acer rubrum 'Bowhall' LANDSCAPE PLAN FOR SPRINGHILL SUITES/921 OCEANS CONDOS 9TH AND 10TH STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCAlE) MSA, p.le. Landscape Architecture' Planning Sun.eying . Engineering Environmental Sciences !~Jl i!Ol"."E On1\1~ \'!nG!:'Io";.\ nr:.\C1t. ",\ =H6~-J;f~, l'!W.'\'J~ {H';'.14~O'J;(M . r"x f~~';'J -4%.[j(,H Returns' SHEET 13 OF 16 3'48'19" E ( EN VIRGINfA B~.ACH BOARDWALK') :(,AVf'J20 ..\1,' / \ _\f'roS ~,2B'" ,.; r I' I ~- s;y;iB" 1 I I I I ,02 ,2 021 I I I ~~1 65 I,{') ji~B ,2. 1\:'---:: : : : : : :~\ \- -~ 6 >\r~~\ (\ 536 '\ ~ - I I I I II f'SI 7.., \. _.J.. / UJ - Cl --- - _ ~~ _ lLJ - D -.::_-- --I-~I-S-+-: _ST_-====:::=. w 01 , ~- 1 r '/101 I IV: , en RIM=!1.72 If 57 ' r / RII{=/!.p6 lLJ FL=7.82 1\ 10 j 1 I I VL-"-'!OJ R= z I "-.../ I /1 I I ~ i! I lr.1// T I ~ 1"-/ / I -- RO-I! II IJ :I~ fI IJ <( It),., II ~ I rU ~ II II ~ 7'11IJJio"'~ II ~~ /JII ~-t T1 ,If J?: 10 I ' " ,'1 U ,\' 1 I . /I \ JiS '.4./ ,"'- ~ ..)j '( I. ~ /t' "-l'i --...,..1 P Il fV I 55 \/\ I L~l _~:~,;. 1/1. , , .' m 6 ~~~rn+ 'l. <r I'.. -, n ' .~ \::5: r 1 I / D' .' cz:: Y'.--!J I f.. ~~I'I + ./tf 54 \ J(~ ~ ~ 13.7' l;r~) + ~~~"'N ~~/9( -, -If 53-~ 2!?1, I 'tcL..\T'0 I I"-- l>~ 57-€rT": " .y I \- ~~, 1\ 29 ;: I I 11.. I '..J ,. cA II Af 111'\ ZV1 t;; -: If/51:1i ~ y " " I \1 16 f7v.J "'\ I Nl-rl z I \ >;\71 ~::t ~ " II GC '. 1.' '-. I "i"" I ,b 1.9~)'\ I V r.xr-n 1\ V I [;fF.( r I..f- I 1 '.=:J.~ w \ L2. II I ',,/ liP III~ - ~ ~ 32 {to igfr II~ II II II , U .....,::: 70.00 ,....-"'" - .(bl . ~~~~~E.IJ ii ~ 'Y )\. !.! .;;1 -;;n- 'U II ~ ^ _ IJ I II fI- II II Ii II I! II II IJ n II Ii I , II )f G .JL/"":' S3 /C..1f /I II II b?--~ 1 0 Hj~ It II "!;.~ /I -I -w /1___ II II ~L 1/ ffll/POOL HOUSE II I, II / AND POOLII'1l' tI (SEE ARCHITECTURE IU--;r PLANS BY SISKA Jl _ [ AURAND LANDSCAP~,~ '<v ~ ARCH~S. INCM; V P\ - r (T1 \ /11 --< y l'ii <" lC ~ ~^V~P' ~;I IC lr :J )...V~' I II ~ ~~ 51 "H V').. Y' I I;l. \ 137/'\~ n~~-/,)Y'yl/::"'~I :/.1.CP.:: "-.../ 56 11t-l\Y ^ :Jm\\JIE.t; ": I .Jl'.~ ~ \ 4 m .!I:<"^..~Y,~ ~,~,~ rr II. /I 1~ ~ ,~. II k JiI. ~ I. o ~lD 23 I ~ LANDSCAPE PLAN FOR SPRINGHILL SUITES/921 OCEANS CONDOS 9TH AND 10TH STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE) MA TCHLlNE SEE SHEET 13 NOTE: SEE PLANT LIST ON SHEET 13 MSA, P.(C. ++ : +1:' Landscape Architecture. Planning :em Surveying . Engineering +'- Environmental Sciences I I 511)) HOllSE D1UV[~. VIRGJNto\ .BEACH. VA :J.Hil'.Ji'(1"l PIJO:-"'c (757) .:9lJ..91Erf . FAX (7S?, 49tl..o6H SHEET 14 OF 16 9 L 133HS 33S 3NIlH:Jl Vv-l I ..... ~ <:P ""' ::::s::: C> 1" -.J Z I <( D- f- lli S: <( <( 0 U D- o::: Ul w If <( 0 0 z ~ rn <( m -.J t L 133HS 335 3NIlH~1 V~ lC I") U- o ~ ;- w w I l/J I- W W :r: (f) z o I- (f) :J I- Z <( ....J a.. w w (f) b.o c: 'a II c: ~'~ U ~.;:: u ~ E:i;:: "" . OJ I:J ~ CJ C aU A, ... '6!:i[f.) ~.2~_ "'~ '" C\ ~ t:: d ~ . ~ "-l ... bo l-; 1J) <:.~ 8 ~ 1t ~.!:: ~ 13 e:: E " ~ J5 [.:,1 c: '" >-l ~ o z .1". 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UJ ~ CONDO ABOVE ~ TO BE REMOVED ('X' TYPICAL) 6i ,i. i.i) EASTERN MOST BOUNDARY OF ATlANTIC AVENUE TO BE REMOVED ('X' TYPICAL) 48 47 4 t ~ ~_%fM,"" ':'70.00' ,."..'.' r--~l ,~I)- 5' ~ ~_: ~. "---\ \ . :-1- -- =~- ~1 - <Ji;' -- ~I ii. 1. RIM=!!.55 \\.0 \v OJ JNV= 1.\ l:s: ~G ii. +d..J,.,1 J ' l , EASTERN MOST --=~ I'JEW SIDEWALK I BOUNDARY OF :I: 53' NEW CG-6 CURB FL=6.J8 J_ ~TLANTIC AVENUE :I: 53' NEW BRICK PAVERS -------~-w ~t- ------- \\. A TLAIVT/C A VENUE (80 J R/w) ----0---- SSMH RIM=/!.70 FZ.=5.60 !8~ 55- ----- --r---- VDOT ST'D CG'J.:12A CURB ,iHAMP ~:) ~,~"", --..........'" ~ " -.; ~ / ,/ f / ~ PROPOSED ENCROACHMENT FOR SPRINGHill SUITES/921 OCEANS CONDOS 9TH AND 10TH STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE) MSA, P .Ie. Landscape Ardlitecture . Planning Surveying . Engineering Environmental Sciences I I ' SOJ3lI0l.!5E DRlVI;, \'/flGL"iI,\ llE,'\CH. \'.~ lJ.;b,.l71~' PHONE (157) "9<J~!)~('1 . ,=,\X (7$,7) -400-0614 SHEET 1 OF 16 ( ~dH VjRGINIA_\~.lfr-ACH BOARDWALK) ~v-[!J.20 / \ ~\~.f;S ,~.~J .,~.5P ;J. J' 'I' " u "\i.~' ') J. I I I ! \ I II 1/\ I"') , I f t:i '.1,9 TO REMAIN ,)~ I:: ! T I ,~.,6 TO REMAIN ~ = 01 === === ==== ~r - -+- ' +- .. - ==== ~,~ _ == ~ RIM=lJ 72 I I / /!OI I I l~ (f) - FL.=7.82 I III ::~;::f6 }~ 11.67 v-5' WIDE BRICK ~ g NEW BRICK P A VERS- I I / [ r -, 'In ; '-=I .46 / P AVERS WALKWAY :E -H ~_ ~II/ I I' ~ t) )~ I ....a I I J...-." II IF II; ,,-- f;g\t,........, -:::::;;::: <( ~t II Il II If, III II I I _ j' ~ ,.' I ~ II II I 1111 II 111 n ..c:; II \ \ --.. II II II 11m.>" .../. 'II Ji.-" , 6. j'l \, III ./" IT, I I "'W; A9 i~. E ~ ~ f I I If ~ );. " I~ 'J, tj-J I 1.'1 \I" I .7..~j - (( I I II '/' I ,/ ~,tl" ~~ 'T I - PEl) x pel I I I I I CORNER IIf -ij 11\' ~y':~~'V1 ' '}- I I I II III ~~';II II \"~~ ~~ I Mrj I <[I II I I V TYPEO III II fI ~ It II i-...... ~ ..<~2' ____ II J / ;s: I I I I II / II II J! II II II II If all/ I ~I II II / Ijllll " Il n It Ii It It II Ii II/II +:::! I II IV II II II II II n " 1/ 1::::'--1 II , ' , ' ,," ".",,"." ...... I I -F 4L '+J,.: ~ II II II JI It n " II jJ nv l;g I v I I II ~ II II 1111/ 11/ v. J (C')I I ~ II II II 11~ ~ Jf RhW:/I.,;41 I I ~ I I I I.() C< II II 11/ INV,- 7. 9 : 1 /1 r'1 ;:t:; I 11r If'.... /I II Ii '~""POOL HOUSE 'r)' I ~ 1 II III \ ~ f AND POOL ~ :!:} I I $ I I II I~ -....::::.. (SEE ARCHITECTURE ELI I W I )I,.,' Hr~ ~ PLANS BY SISKA ..li-.." I g <Yj II \ ~ --.!-- 411 1 I ;'\' ~ AURAND LANDSCAPh U ~ Il[)ci / \~ ! III lIil \ ~ \Ar TI'/'\.]' /21 1 \ i II Iz 1\ ~ l': ARCHITECTS. [NC:..~ II ~6'..<~ ~/I-.J I I /I I l:t V) I nr ry<< /0.' I 'j I I 1<- I I ~ Ie ,Ar II 1/""""'0)/ I I I ~"\.,,5 I ',',J011 Ie 1--1Ly ~~ ,I I 'I I I ~ ;f:h ~ ~y~! I 1 I II ;l,1 I IlL-.-- II Y'V 11" I I I I 1 \ II lc~ \ J ~ / I I V IIlinl"'i1'-. \III1I1X,,("<>-"Y I ..1'::. -\.1,1 I~ I V I Ii II II Ii II It II "'I1'\. ......~I'< I ~~;/YJ~~;~-'D.'~ I 1<'/...... II g I 23 - Il2 UCOM BOX r--- ~'4~'19" E 70.00' . G 1- ~ MATCHLlNE SEE SHEET 1 PROPOSED ENCROACHMENT FOR SPRINGHill SUITES/921 OCEANS CONDOS 9TH AND 10TH STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE) MSA, P.(c. II-L' Landscape Arcbitecl1lre . Planning L Surveying . Engineering I Environmental Sciences -, I Sa.l3l!OL'SE Dfl/1'" VIRGC'i1.~ 1IE.\C.'lf. \'.~ 2J./6].J.1I/l PIfO:"E (757) 4911-9,,,, . FAX (7S7)49Q.06H SHEET 2 OF 16 ::::c -l ~ S o 0::: ~ o m II - II ~~01~ #'1 ~ Cs ~ III :tll ~ II ~ 'II II II 1/ ~111 II ~ ~~n L') Z 0.... ~ U (f) o z ~ -l w ::::c m -.01--- =. <S:> ..- . ~\.- ~ <:;:. <:i "...., ..s:> <-" . ~ ..- l!: ..J....L _:... , !J. 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FI\X (757) -190-061.. t SHEET 5 OF 16 ,7})5 o /'3'\' ~X\~' S-" 65 \7-' \~, [; -- ==== ==== ====J!f ----r - - ST~ 0/ liIlH ---r - - - === R/M=I'.56 '111=11.67 I ~// Fl~W I r46 I /~I II 16,5\ ,~.J~ II s 1..,1 . ,;.d ,9 ,1 "-.....------Sdb.~ qJ1J' '2) I-.~~ /t II TV PEO ~ /11 >- ON CORNER ~ 0.50 <( 11' PEO 0.22' II ~ riO' ON ~ II ~ ~ hJON f I ~ II ~ <( .Josl ~ II 11 9) \1.' ----r '/ k\~,5 Ii 5'/=1 \ /-. )( L2..s'l "o~ i !-. :J!. 5 \\.9 x 0 .\ .9 ~ E --- --- 0/ R/M=I!. 72 fZ=7.82 A 7lANTlC BOULEVARD VRMERL Y OCEAN A VENUE) Ilil )'48'19" E ,~ ~;~ I .~ I" ~r--. co..- - Ll)~n J 'IN: 2427-24-6BrO g ~ 22 IS )8 1736, PG 23 ) I _ I, ci - lL. <0 I{) ON n ~ -4ii~ ~ "'--0 0............. C) I 70.00' ,,, ASPHAl r BOll.AR/J ~ (,i. ~) ,1- i7' 1.,\5 .,Il \2) 0/ a.. i-.: <( V) ~ 1/ 5 II __ 5'~/N LINK IllOE \1~ 01 METERRIM=I!.! !.Y INV=8. 02 \ \.51 ~ ~ " ~ ~ ~ ~ E; ~ ~ o~ ~ T.H't RI.,;:; 13. 20 !1 " \ \ " \ \ MA TCHLlNE SEE SHEET 5 1 I EXISTING TOPOGRAPHY WI UTlUTfES FOR SPRINGHILL SUITES/921 OCEANS CONDOS 9TH AND 10TH STREET ON ATLANTIC A VENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE) COMO BOX l"- f- lJ.J lJ.J :c U) w w U) w z :J ::c () f- <( ::E o COM 0.58' ON BOX "cD '" a:i ~ N ~ II: MSA, p.te. I I I , Landscape Architecture. Planning ,I I Surveying . Engineering Environmental Sciences SOJJ IlOL'llE DIl/VE, \'/I!G/NM flF..\CH, V,I ~bZ.J7(lIi PHONE (1S'IJ 4<)o'9~61 ' FAX CiS7) 490.061 ~~. .,n<::-" ~ 0"-' 'l;0~ '~. ~ I ~ <( 0... -- ,:,'""> ~ ..- W Y: CD "-, ~ 'W' ;S ~~ ~ l.t.J"'C ~~ s:s~ CQ~ ~~ ~~ ~~ ~~ ~ "" ~ ~ ,.;- ---=-.:: o ".':'" ....' 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Engineering Environmental Sciences Sll.lJ ROUSE DRl\'E, \'llIG/:'l/A DE.\Crr, 1'.~ ;!:J.MZ.J70B prroJ\'E (157) 490-9264 . FAX (757) "90-0634 I I I I I I I I - I T SHEET 9 OF 16 II _Ii'. If II r.-- II II fl ll'oo.. If 1/ II II ..J:\. I ~\W ~V1RGINIA BE]ACH BOARDWALK) ~~t=/J..20 ~~ 1 a~ <,~, ,~yJ I fl 51 n B'P -q. I I I I t.i- U......:: a,lt :k~'I'~' I I I {lY ..,~~7 l'7-S7 ",lJ'11,_ : I I I I~ "" ,~ _,7,51 ,7,6B ~ 1.;;';0 EXI~~N~E~~I~ERS~ I : I I I: 1\ ,~J-;,h~N~E~~I~ERS ~ - ~ - - - I 'I I ~ !5" w - - - - ===:i -f- -r-:-= :l-!-::C - ==== == ST==: ==== _ W 01 I II 101 I llH - en R/~=!!.72 y RI4f-!!..p6 f 1/Jr-/!.67 1,- 5' WIDE SRI CK w i~7.~2EW BRICK PAVERS~ I 1/; r'~~D~ ~"611 PAVERS WALKWAY ~ -H l I t..111 I ,/ll , COM ___ ~ '1'1- I I "'t I I I...-.r . ~, II ii"_ noX'-' ~ --=rr- <c ,1).- II tll tI n III 110 ~~ I I ~.' "~ ,.. I i-::-.... II , j'" .l tI " II II'" II II III ..e:::: -) II I , -......" II II n -rff ..... \ L III I I 6. 1 \ / . 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(NOT TO SCALE) MA TCHlINE SEE SHEET 9 ~ .- MSA P.C. : I , , " f ' : .,' ulOdscape Acc1litecture . Planning -H , , - Surveying . Engineering I , : Enviromncnlal Sciences jlUJ ROl':fl! DJU\1t, "'Rcmu IIE.\CU. \'j\ l']46l-J.jp.l J'H~"E(157)'l9:j.,.9.:1oi" F,\.",;:(7~i)fr.;1(J.U6JI SHEET 10 OF 16 ::::( -.J <( ~ o er:: <( o OJ l ~ 133H5 335 3NI1HOl V~ II - II 01"-~ III ~ ~.;. # '" n i1 JII :111 ~ II ~ 'II /I J I II II ~111 II ~ ~ ",n , o ~ 133H5 335 3NllHOl V~ I I C) Z D.... <( U (f) o z <( -.J w ::::s:.::: OJ I ...n f""- cr> . <:p ~ . -- ..- c-' -;. ~ "'0 -;'b{ "" . - --- (!J .:, " I I u.. o I- W W :r: U'l b() ::: r< -0 ~ , ::: b.o tt) ~_ U ~.5 ~ ~~ P.., ~ ;::: :;g ~& ~ ~.~ =~ ~ '" 'r<_ U ~t :::l "llCl), :oJ>: ...... ::........ :::"'( "' ~~.:: ~7 ~.';; ;:::;-:: :! _ . GJ ~ "'~ ~ ~ E ~~ rt'l ~ t:: ~ "'~ VJ (J.~ ~ ~[ ~ A. ~ .- 0", ~ r.. 6 ~~ {l cE ~ 9E: ::: :; ~ s; II":" I I V> Ow 0::> Zz Ow u~ V>UI- Z i= Z z ~ zo :5 w <( 0:: a. 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A TLAn-TlC A VENUE (80 J R/w) l( -0-- SSMH R/M=11.70 fZ=5.60 18" 18" SS SS ~ / ~ I PLANT LIST I ~ QTY COMMON NAME j BOTANICAL NAME I Tl 20 Windmill Palm Trachycarpus fartunei T2 2 Columnar Red Maple Acer rubrum 'Sowholl' 51 141 Dwarf Fountain Gross Pennisetum alopecuroides 52 159 Dwarf Indian Howthrone Raphiolepis indica 53 39 Hollywood Juniper Juniperus chinensis 'Koizuko' 54 41 Maiden Gross Misconthus sinensis 'Grocillimus' 55 11 Pampas Gross Cortaderia sellonana 56 126 Parson I s Jun iper Junipercus chinensis 'Porsoni' 57 187 Pink Heir Gross Muhlenbergia copilloris Gel h089 Happy Returns Dayliles Hemerocallis 'Happy Returns' LANDSCAPE PLAN FOR SPRINGHILL SUITES!921 OCEANS CONDO~ 9TH AND 10TH STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT #05137 (NOT TO SCALE) .' MSA, P.C. .' " f, Landscape Architecture' Planning , ~ , Surveying . Engineering I ,..J.... Environmental Sciences I' , !D.t] 1.\01J:iE OR"T:., VtRG1:\&A Da\en. '":\ ;r~6:!.JifIS pUO~'"E (15'ry .wO.!lZt,f . 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'0;.\""';';:-:' :~.; ~<.... ...::;.-:~y ~~p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $197,446 from the United States Department of Justice to the Police Department's FY 2006-07 Operating Budget for the Purchase of Voice Software Licensing, AudioNisual Equipment, and a Mass Storage Device for Interview Archiving MEETING DATE: October 10, 2006 . Background: The United States Department of Justice Office of Community Oriented Policing Services (COPS) has been working with the Virginia Beach Police Department since the early 1990s. Historically, COPS has provided grants to the City for technology needs and funding for a portion of the salary and benefits for new officers. The Department of Justice has awarded the City a 2006 COPS Technology Grant in the amount of $197,496. Funding of $69,500 will be used to purchase recording equipment for interview rooms in the Detective Bureau, a mass storage device for long-term archiving of interviews, and all installation costs associated with this project. The remaining $127,946 will be used to purchase a software site license for voice software to be used in police vehicles. The software will provide voice responses to officer queries on the Mobile Data Terminals. . Considerations: The updated interview rooms will better enable the Police Department to provide evidence in criminal cases and assist the Police Department in achieving a higher conviction rate for serious crimes. The voice software will enhance officer and public safety. There is no local match required for this grant. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: It is recommended that Council accept and appropriate the grant award of $197,446 for the purchase of voice software licensing, audio/visual equipment, and a mass storage device for interview archiving. . Attachment: Ordinance and Award Letter Recommended Action: Approval ~ Submitting Department/Agency: Police Department City Manager:~ t '"G3~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $197,446 FROM THE UNITED STATES DEPARTMENT OF 3 JUSTICE TO THE POLICE DEPARTMENT'S FY 2006-07 4 OPERATING BUDGET FOR THE PURCHASE OF VOICE 5 SOFTWARE LICENSING, AUDIO/VISUAL EQUIPMENT, 6 AND A MASS STORAGE DEVICE FOR INTERVIEW 7 ARCHIVING 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 That $197,446 is hereby accepted from the United States 11 Department of Justice and appropriated to the Police Department's 12 FY 2006-07 Operating Budget for the purchase of voice software 13 licensing, audio/visual equipment, and a mass storage device for 14 interview archiving, with federal revenue increased accordingly. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the day of , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l' SQ;~ Cl_ CA101S1 V:\applications\citylawprod\cycom32\Wpdocs\D026\POOl\O0020923.DOC R-2 September 28, 2006 U.S. Department of Justice Office of Community Oriented Policing Services Office afthe Director 1100 Vermont Avenue, NW Washington, DC 20530 September 8, 2006 Chief of Police Alfred Jacocks Virginia Beach, City of MWlicipal Center, Building 11 2509 Princess Anne Road Virginia Beach, VA 23456 I'-r'~~ rc~' @ -~"'nU-,--t~"'f~"'I\" ~ i; . L~ trJ I!,~ \!! ,,!> .,: ,_ I 0 r-~~-""~"-'~"''''''~' '.'" --; ;'. ~, I nu:" J SEP I 82006 '. ~ ;;)'1 Ut :1 li "; t ~~J!ill~Jillf~t~~.j Re: Technology Grant #: 2006CKWX0053 Dear Chief of Police Jacocks: On behalf of Attorney General Alberto R. Gonzales, it is my pleasure to congratulate you on receiving a COPS 2006 Teclmology grant. Enclosed is your agency's award document with a list of special conditions (on the reverse side) that apply to your grant. The award amount is $197,446.00. You will also find enclosed an ACH-Vendor form, a letter regarding civil rights requirements, a Helpjul Hints Guide for submitting your Financial Status Reports (SF-269A), a Fact Sheet regarding on-line filing of your quarterly SF-269As, a Frequently Asked Questions guide for accepting your award, and a COPS Reports from the Field flyer. Please read and familiarize yourself with tb.egrant award conditions prior to signing the award document. To accept your grant, the law enforcement and government executives listed on the document must sign the enclosed miPinal grant award and return it to the COPS Office within 90 days. Failure to submit the signed award document within this 90-day period may result in withdrawal of the grant without further notice from the COPS Office. . Your grant award period officially began on November 22, 2005 and runs through November 21, 2008. :elease note that all PTant telTT'li': ~nn ~p.~;~1 r-n-nr'l;rinn" U1;n ",p'e'd t? b~ m~t Driw 1;g tail Ftlimlnll'SillBBRt of funds for expenses incurred on or after NovemheT n 100'; Enclosed in this packet, you will also find a copy of your Financial Clearance Memo. A financial analysis of budget costs for your project proposal has been completed. Costs appear reasonable, allowable and consistent with existing guidelines set forth by the COPS Office. Please keep this document in your files for future reference. Should you have any questions regarding the award process, please contact your Technology Coordinator assigned to this project at 1-800-421-6770. Congratulations again on your award. On behalf of the COPS Office, we look forward to working with you on this technology project. Sincerely, GJ\(~ Carl R. Peed Director J. PLANNING 1. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-1 Office District with Historical and Cultural Overlay at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) 2. Application of LAGO MAR ASSOCIATES, L.L.C. for a Change of Zoning District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) 3. Applications of SALEM ROAD ASSOCIATES (formerly VA-CAR DEVELOPMENT, L.L.C.), at Salem and North Landstown Roads: (PRINCESS ANNE - DISTRICT 7) a. Variance to S 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to subdivide the property into twenty-eight (28) single-family lots with wooded open space b. Chanf!e of Zoninf! District Classification from AG-l and AG-2 Agricultural to Conditional R-IO Residential 4. Application of LONDON BRIDGE SELF STORAGE, L.L.C. for Modification of Proffer No.3 re changes to the fayade materials at 2120 London Bridge Road (Conditional Change of Zoning approved by City Council on February 22, 2005) (DISTRICT 7 - PRINCESS ANNE) 5. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a communication tower with a shopping center at 5193 Shore Drive. (DISTRICT 4 - BA YSIDE) 6. Application of 7-ELEVEN, INC. for a Conditional Use Permit re fuel sales in conjunction with a renovated convenience store at 2105 Salem Road. near Elbow Road (DISTRICT 1 - CENTERVILLE) 7. Application of TOWN CENTER ASSOCIATES 6, L.L.C. for a Conditional Use Permit re loft-style multi-family dwellings on Block at Market and Bank Streets. (DISTRICT 5 - L YNNHA VEN) 8. Application of REV. JAMES C. GRIFFIN, ST. MARK CATHOLIC CHURCH, for a Conditional Use Permit re construction of a columbarium at 1505 Kempsville Road. (DISTRICT 1 - CENTERVILLE) 9. Application of the CITY OF VIRGINIA BEACH PARKS AND RECREATION for a Conditional Use Permit re replacement of a light pole with a monopole to provide light for adjoining athletic fields and wireless communication equipment at First Colonial Road and Collection Creek Way. (DISTRICT 5 - L YNNHA VEN) 10. Ordinance to AMEND SSl11, 233.1, 701, 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance [CZO] to DEFINE the terms "Alcoholic Beverage" and "Bar" or "Nightclub"; REQUIRE Conditional Use Permits for same and ESTABLISH other regulations in the H-l, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, I-I, 1- 2, RT-1, RT-2 and RT-3 Zoning Districts. 11. Ordinance to AMEND the Comprehensive Plan by DELETING references to the establishment of a Redevelopment and Housing Authority and to "redevelopment" in general (referred to the Planning Commission by the City Council on June 27,2006). Conditional Z . ontng Change from A C-2 to )-2 r.~8~~ r~~,j.~ijt:..... :Oi~(t:::o~> ::~:~~~, t~: -<'-- ,.,-'~ 1?:, (v... " ">,__ ~~~~'" ~:"'1} ~~~#t. ......,.iJ \,.:;~~:...r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dr. Alan Mahanes - Change of Zoning District Classification, 2513 North Landing Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: October 10, 2006 . Background: Application of Dr. Alan Mahanes for a Chanqe of Zoninq District Classification from AG-2 Agricultural District (Historic and Cultural Overlay) to Conditional 0-1 Office District (Historic and Cultural Overlay) on property located at 2513 North Landing Road (GPIN 1494717090). DISTRICT 7 - PRINCESS ANNE This item was deferred by the City Council on September 12, 2006, allowing the applicant time to consider modifying the request from an 0-2 district to an 0-1 district and to examine the feasibility of using the existing house on the property. The applicant requested an additional deferral on September 26, 2006. Since that meeting, the applicant has revised the site plan in an attempt to preserve the existing house on the site. The revised plan, which is attached, depicts the house being moved back toward the rear of the site, behind several existing mature trees. The new building is depicted on the western front of the site with the required parking behind the building. The applicant indicates that he intends to use the existing house for office spaces. . Considerations: The applicant requests a change of zoning for this property to allow the development of a 4,500 square foot one-story office building. The majority of the building will be used for a dental office, with the remainder of the square footage available for lease. The building is designed to reflect the rural clapboard-sided buildings found within this area of the city, The proposal meets the guidelines of the Historic and Cultural Overlay District and the land use policies outlined in the Comprehensive Plan for non-residential uses in the Transition Area. The plan provides 50 percent open space, a majority of which has been left in a natural state. A multi-purpose trail along North Landing Road will be provided, to be shown on the site plan submitted to the Development Services Center after coordination with the City's Department of Parks and Recreation. Dr. Alan Mahanes Page 2 of 3 The proposal is compatible with adjacent properties. The exterior building materials, colors, and rural vernacular design reflect the architectural character found in the surrounding area. The Planning Commission placed this item on the consent agenda because it meets the recommendations of the Comprehensive Plan, is compatible with adjacent properties, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the 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: ~ k- > ~~ Dr. Alan Mahanes Page 3 of 3 "- '- '- '- fi"S Ba~ ~.J"~ ~i! ..g ;J..~ "'i~ta N ~l ' ~ -----T-- fla i' }~I .;! :~ I / I I llPi~ ~e:ll~ i1~~= ~i ~ ~ ~ ... ~, ~..~.........r (l"'1l)Q2ClIIlO1~"-fIVl:) ... g I !i ~l Ill; fe ~l ~; e:~ J. :~ ..0 ~ii1 "" '" 13. ,.. ~ '" ...." 8! 0:> lll'" 0'" ~S ~ Q: Ii ~ ....... o~ ~i a;l! 01 ~~ ~ ~ IS z DR. ALAN MAHANES Agenda Item 1 August 9, 2006 Public Hearing Map 1-11 M,~o ;"Ql ~'"' ~c~k Staff Planner: Karen Prochilo Condlliu(;;J! ZUrliflS (himge from AG-2 to ).2 REQUEST: Chanqe of Zoninq District Classification from AG-2 Agricultural District to Conditional 0-2 Office District ADDRESS I DESCRIPTION: Property located at 2513 North Landing Road. GPIN: 1494717090 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 2.45 acres The applicant proposes to rezone this property for development of a 4,500 square foot one-story office building. The majority of the building will be used for a dental office with the remainder of the square footage available for lease. The building is designed to reflect the rural clapboard-sided buildings found within the vicinity. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural residential site SURROUNDING LAND USE AND ZONING: North: · Across North Landing Road is a rural residential site / AG-2 Agricultural District · Undeveloped farm land / AG-2 Agricultural District · Undeveloped farm land / AG-2 Agricultural District · Single-family rural residential and undeveloped land / AG-2 Agricultural District and 0-2 Office District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is treed. This property is within the Historical and Cultural Overlay District surrounding the Municipal Center. DR. ALAN MAHANES . Agenda Item 1 , . Page 1 AICUZ: The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Landing Road is a two lane minor suburban arterial. There are no plans in the current CIP for improvements to this section of North Landing Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Landing 8,604 ADT I 15,800 ADT I (Level of Existing Land Use"- Road ( 2006) Service "C") 1 0 ADT 17,100 ADT 1 (Level of Proposed Land Use 3 - Service "D") 163 ADT Average Dally Tnps 2 as defined by agricultural zoning 3 as defined by 4500 SF offices WATER: This site must connect to City water. There is a 16 inch City water main in North Landing Road fronting the site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 636 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 North Landing Road fronting the site. FIRE: No comments at this time. A more complete review of the site plan will be done during detailed site plan review. SCHOOLS: Not applicable. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers provided below. "," .. :::'--:",' "'..:" DR. ALAN MAHANES Agenda Item 1 , ,Page2 Comprehensive Plan: The Comprehensive Plan designates this area as being within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work, and play. "The policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments." (p. 143) Evaluation: The applicant has provided a proposal that meets the guidelines of the Historic and Cultural Overlay District and the land use policies outlined in the Comprehensive Plan for non-residential uses in the Transition Area. The proposal is compatible with adjacent properties. The exterior building materials, colors, and rural vernacular design reflect the architectural character found in the surrounding area. The plan strives for the minimum 50 percent open space, a majority of which the applicant has left in a natural state. The applicant's representative has indicated a multi-purpose trail along North Landing Road will be provided, to be shown on the site plan submitted to the Development Services Center after coordination with the City's Department of Parks and Recreation. 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," (91 07(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 developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from the adjoining property. '-'.""", ',-'" , ,,-,',' . DR. ALAN MAHANES '., Agenda Item 1 , Pag~3 PROFFER 4: Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office building. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated April 28, 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. DR. ALAN MAHArNES Agendaltgp,1 lt~g~4 AERIAL OF SITE LOCATION - DR. ALAN MAHANES Agenda ,Item 1 Pag~ 5 "- " " " :i~ m~l "'''I' ~:~: ~~:: .r:~ M~ l!!~ 15' ",&~ ~~! :~ ... .. '" lE .., H, I I I 9 .. l- I ll~ii ~. is ~ <> ~ ~Iii: t~ ...~ a ~ !il a:;j :::lI 0 fi ~ ~~ ~lil ~! i oils ~~ ~~ b. ..... 1< ~ a: ci ! ~~ o! a:~ oil Z~ Ci- ~ j!: 15 z II !l b PROPOSED SITE PLAN DR. ALAN MAHANES Agenda Item ,1 . Page 6 o z - ~ ~ - 0:: ::> c c:r:l ~ :" ~ Z 0:: U III - CI ~ Z III ~ 0:: 0 III ;... ;; 00 ~ Z -< = <: ~ z -. - - l- <: > ..- >- 0:: ;... Z ;... z :> 0:: "/ v f}p~,,"_, :( ~fj- ~ a <: - Z :" 0:: ~ > 0 <:> '" ::: - ;,; 'Ot <: '" ~ ,..J :Q - 0:: < c... - <: z - .... 0:: > PROPOSED BUILDIN~lflDE)(~liWN.r5JES Agendal~~:~1 'e~g~,7 Conditional Zoning Change from AC-2 to )-2 1 08/24/04 Conditional RezoninQ from AG-1/AG-2 to R-10 Granted 2 03/09/04 Modification of Proffers Granted 3 07/03/01 Conditional Use Permit (preschool / daycare) Granted 09/09/97 Conditional Use Permit church / daycare) Granted 4 OS/25/99 Conditional Rezoning from AG-2 to B-1 A Conditional Use Permit mini-storaQe) Granted 5 05/09/95 Conditional Use Permit satellite antenna) Granted 11/10/86 Conditional Use Permit restaurant) Granted 6 OS/24/94 Conditional Use Permit (group home) Granted 7 02/08/94 Conditional Rezoning from AG-2 to B-1 A Granted ZONING HISTORY C.. ...0" DR. 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DISCLOSURE ST A'TEMEN'T '-'".-,' DR. ALAN MAHANES Agenda Item 1 Page 9 Item # 1 Dr. Alan Mahanes Change of Zoning District Classification 2513 North Landing Road District 7 Princess Anne August 9,2006 CONSENT Barry Knight: The next item will be the consent items, and the Vice Chair will handle this portion of the agenda. Vice Chair, Jan Anderson. Janice Anderson: Thank you Mr. Chairman. There are seven items on the consent agenda this morning. The first item is agenda item 1, Dr. Alan Mahanes. This is for a Change of Zoning from AG-2 Agricultural to Conditional 0-2 Office on property located at 2513 North Landing Road, Princess Anne District. Is there a representative? = Bill Gambrell: Mr. Chairman, Ms. Anderson and members of the Commission, my name is Bill Gambrell. I'm a local land planner and I represent the applicant. This is a conditional application that has proffers associated with it, and all of which are acceptable to us, and I understand to you as well. Thank you very much. Janice Anderson: Thank you. Is there any opposition to this application? The Chairman has asked that we have Al Henley review this application for us. Al Henley: This applicant proposes to rezone this property for development of a 4,500 square foot one story office building. The majority of the building will be used for a dental office with the remainder of the square footage is available for leasing. The building is designed to reflect the rural clapboard-sided buildings found within the vicinity. The majority of the site is treed. This property is within the Historical and Cultural Overlay District surrounding the Municipal Center. The site is an AICUZ of less than 65 dB between Oceana and Fentress Airfield. Staff recommends approval of this request. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I make a motion to approve consent agenda item 1. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. Item # 1 Dr. Alan Mahanes Page 2 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYE 9 AYE NAY 0 ABSO ABSENT 2 ABSENT AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 1 for consent. = ,t,~ '-'"'l /\ . " ^""":'\ ~0:~E<16:'\ r~~~,' .:>l;~~,,#:)'ii" .-'Y.)-... r,.' iff ~~-~"'" ~.-< ,ro...... /"'" ". ,'. ;;:t. 1.:!" 'r . -.f ':~~': "'-Jf 0 ~ (::....,t , tq.," (..... ", ~, .... .L-) -"ut , :;; >) ;. . t:?:".-~"" ;:; .) ;t.. ~ '~-'<::~.._. ,.,f J:;. {.. '~...., ' ~;;:'.. '~%. ~ It" "'~ ~ . "1,-?-l;/"~':~,~ ,: <o'f.j' o .."..~. 0""'....1 ~ ,. OUR N "'~\ ,.., '\-...................<,,( City of Virginia Beach DEPARTMENT OF PLANNING (757) 427-4621 (757) 426-5801 (DIRECTOR) (757) 563.1762 FAX OPERATIONS BUILDING, ROOM] 15 2405 COURTHOUSE DRIVE MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-90]9 July 12, 2006 Mr. William Gambrell Right Coast Consulting 207 23rd Street Virginia Beach, Virginia 23451 = RE: Certificate of Appropriateness #04-06 - Proposed Office. ~uilding in Courthouse H/C District - located on 2513 North Landing Road ,>'1 .~,.: \ ;"'...(. '<" .":, ' Dear Mr. Gambrell: In accordance with the Historic Review Board's recommendation, your request for a Certificate of Appropriateness (COA) for development of an office at 2513 North Landing Road (please see attachment) has been approved. The approval applies to the following attached exhibits: The brick will red with gray mortar. The siding will be of two colors and styles; gray prefinished (cobble stone) shingle siding at the upper portion and light blue prefinished horizontal siding for the lower portion. Both sidings will be of a material similar in quality as Hardiplank. · The trim, handrail and pve trim board separating the sidings will be white. Shingles will be black/charcoal color architectural roofing shingles. · The mechanical equipment will be hidden. · Signage, lighting and landscape plans are subject to review by the HRB. Mr. William Gambrell COA for Dr. Mahanes' Office July 12, 2006 Page 2 Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this certificate of appropriateness application may require revision during detailed site plan review to meet all applicable City Codes. Any substantial revision will require a resubmission for a certificate of appropriateness. If we can be of further assistance, please contact Robert Davis of my staff at 427-8613. Sincerely, (~~:2e.~~~~~C~ Robert J. Scott Planning Director f~, ;) ~~fJ ). ,Sc---tI = RJS/rd Enclosures c: Current Planning CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6472 DATE: August 23,2006 FROM: Leslie L. LiII~'y X~) B. Kay Wilso~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Dr. Alan Mahanes The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 12, 2006. I have reviewed the subject proffer agreement, dated April 28, 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 lals Enclosure cc: Kathleen Hassen PREPARED BY: ~ SillS. ROURDON, mil AllrnN & 1M. P.c. ALAN W. MAHANES TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITI OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of April, 2006, by and between ALAN W. MAHANES, Grantor; and THE CITI 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 2.59 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 party of 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 0-2 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, 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 resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1494-71-7090 1 PREPARED BY: '"'13 SYICI~S. IWURDON. mil AH[RN & U:VY. P.c. 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 with respect to the Property, 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, its successors, personal representatives, 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Any freestanding sign shan be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. 5. 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. 2 PREPARED BY: . SillS. IBOURDON. MIlliN & UVY. P.c. All references hereinabove to 0-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 PREPARED BY: 5313 SYKIS. ROURDON. mo AlIrRN &. 1M. P.C (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 names of the Grantors and the Grantee. 4 PREPARED BY: ~ SYK~S. IlOURDON. m AlIffiN & Lm. P.C WITNESS the following signature and seal: \\ I ~- (SEAL) STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this /7:/ day of May, 2006, , by Alan W. Mahanes, Grantor. ~ Notary Pub ic My Commission Expires: 5 PREPARED BY: r;JnJ SillS. ROURDON. mil AIImN & lM. P.c. EXHIBIT "A" All that certain piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, containing 2.529 acres, and shown on that certain plat survey entitled "PHYSICAL SURVEY PART OF PROPERTY OF PAUL W. SAWYER" dated October 8, 1975, and made by Bruce B. Gallup, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, page 182, and bounded and described as follows: Beginning at a point marked by a pipe on the South side of North Landing Road, which point is 509 feet East of West Neck Road as measured along North Landing Road; thence along the South line of North Landing Road North 750 30' East 330.9 feet to a point; thence South 170 09' 20" East 411.0 feet to a point in a ditch marked by a pin; thence along said ditch North 720 oi 14" West 348.97 feet to a point marked by a pin; thence continuing along a ditch South 610 18' West 99.60 feet to a point marked by a pin; thence continuing along said ditch South 240 28' West 39.60 feet to a point marked by a pin; thence continuing along said ditch South 790 28' West 29.59 feet to a point on the line of the property now or formerly belonging to WASSMER, which point is marked by a pin; thence North 170 50' East 108.77 feet to a point marked by a pin; thence North 030 01' 02" West 188.73 feet to the point of beginning. LESS AND EXCEPT that portion of the aforementioned property acquired by the City of Virginia Beach in Certificate of Take No. 1601, Order of the Circuit Court of the City of Virginia Beach dated July 25, 2002, recorded as Instrument No. 200208013010713 and described as 1489 Sq. Ft. (0.034 Acre) Take Area; and 20766 Sq. Ft. (0.477 Acre) - Proposed Permanent Drainage Easement, situate in the City of Virginia Beach as more particularly shown on that plat entitled "PARCEL 015 PLAT SHOWING PROPOSED RIGHT OF WAY AND EASEMENT TO BE ACQUIRED FOR NIMMO PARKWAY/WEST NECK ROAD IMPROVEMENT CIP 2-090 FROM PAUL W. SAWYER JR. AND LUCY N. SAWYER", dated March 5, 2002, Scale 1"=50', prepared by Precision Measurements, Inc., said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200207223004759. GPIN: 1494-71-7090 ConditionalRezonejMahanesjProffer 6 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6472 FROM: Leslie L. Lilley W B. Kay Wilson~ DATE: September 27, 2006 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Alan W. Mahanes The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 10, 2006. I have reviewed the subject proffer agreement, dated April 28, 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/als Enclosure cc: Kathleen Hassen PREPARED BY: ~ SYIG:S. IlOURDON. mil Am:RN &. UVY. P.C ALAN W. MAHANES TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of April, 2006, by and between ALAN W. MAHANES, 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 2.59 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 party of 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 0-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, 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 resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1494-71-7090 1 PREPARED BY: ~m SYI<J:S. ROURDON, mil AlIrnN &. llVY, P.L 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 with respect to the Property, 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, its successors, personal representatives, 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. 5. 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. 2 PREPARED BY: 13m SYK[s. ROURDON. mil MlrnN 8. LPIY. P.c. All references hereinabove to 0-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 PREPARED BY: . SYKfS. ROURDON. AlIrnN &. LM. P.C (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 names of the Grantors and the Grantee. 4 PREPARED BY: ~m SYKES. ROURDON. mu AIIfRN &. LM. P.C WITNESS the following signature and seal: '-, (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: ! 5'.,- The foregoing instrument was acknowledged before me this ~ of May, 2006, by Alan W. Mahanes, Grantor.. .,/ My Commission Expires: //"'\. ~l . /' Notary Public 5 - ; ~' EXHIBIT "A" All that certain piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, containing 2.529 acres, and shown on that certain plat survey entitled "PHYSICAL SURVEY PART OF PROPERTY OF PAUL W. SAWYER" dated October 8,1975, and made by Bruce B. Gallup, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, page 182, and bounded and described as follows: Beginning at a point marked by a pipe on the South side of North Landing Road, which point is 509 feet East of West Neck Road as measured along North Landing Road; thence along the South line of North Landing Road North 750 30' East 330.9 feet to a point; thence South 170 09' 20" East 411.0 feet to a point in a ditch marked by a pin; thence along said ditch North 720 07' 14" West 348.97 feet to a point marked by a pin; thence continuing along a ditch South 610 18' West 99.60 feet to a point marked by a pin; thence continuing along said ditch South 240 28' West 39.60 feet to a point marked by a pin; thence continuing along said ditch South 790 28' West 29.59 feet to a point on the line of the property now or formerly belonging to WASSMER, which point is marked by a pin; thence North 170 50' East 108.77 feet to a point marked by a pin; thence North 030 01' 02" West 188.73 feet to the point of beginning. LESS AND EXCEPT that portion of the aforementioned property acquired by the City of Virginia Beach in Certificate of Take No. 1601, Order of the Circuit Court of the City of Virginia Beach dated July 25, 2002, recorded as Instrument No. 200208013010713 and described as 1489 Sq. Ft. (0.034 Acre) Take Area; and 20766 Sq. Ft. (0.477 Acre) - Proposed Permanent Drainage Easement, situate in the City of Virginia Beach as more particularly shown on that plat entitled "PARCEL 015 PLAT SHOWING PROPOSED RIGHT OF WAY AND EASEMENT TO BE ACQUIRED FOR NIMMO PARKWAY/WEST NECK ROAD IMPROVEMENT CIP 2-090 FROM PAUL W. SAWYER JR. AND LUCY N. SAWYER", dated March 5, 2002, Scale 1"=50', prepared by Precision Measurements, Inc., said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200207223004759. GPIN: 1494-71-7090 ConditionalRezone/Mahanes/Proffer PREPARED BY: ~,m Sms, ROURDON. mil AYtRN & U:VY. P.c. 6 LLC R-15 R-15 R-15 ~~fi~ r:.'),-';.,:t.~"ijc.. lS.ot1;~.-- -<~~<t-) {t:[<'.'",:';:"< ~7.) \~~\~ ~~,,};} ~..:+:~,,~ -:..(/ ....~~~~:.... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lago Mar Associates, L.L.C. - Change of Zoning District Classification, 801 Artesia Way (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: October 10, 2006 . Background: Application of Lago Mar Associates, L.L.C. for a Chanqe of Zoninq District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District on property located at the Northwest intersection of Artesia Way and Nimmo Parkway, and addressed as 801 Artesia Way (GPIN 2424133283). DISTRICT 7 - PRINCESS ANNE This application was deferred by the City Council on September 26, 2006. . Considerations: The applicant proposes to rezone a 3.3 acre parcel, currently zoned B-1 Business District to R-15 Residential District, for the development of seven (7) lots for single-family dwellings. A cul-de-sac connected to Artesia Way will provide access for the new lots. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed conditional rezoning will replace an incompatible commercial zoning with a residential zoning that is complementary to the adjacent and established residential neighborhood in terms of use, density and housing design, all of which are proffered. The rezoning eliminates the opportunity for any commercial business to operate within this strictly residential setting. Staff views this rezoning as a benefit and improvement to the orderly development of this neighborhood. The Planning Commission placed this item on the consent agenda because the request is compatible with the surrounding residential neighborhoods, eliminates the potential for a by-right commercial use on the property, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. Lago Mar Associates, LL.C. Page 2 of 2 . 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: tL. ~ ty{V>z... LAGO MAR ASSOCIATES, LLC Agenda Item 5 August 9,2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Chanqe of Zonina District Classification from B-1 Business District to Conditional R-15 Residential District. ADDRESS I DESCRIPTION: Property located at the northwest corner of Nimmo Parkway and Artesia Way. GPIN: 24241332830000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 3.312 acres SUMMARY OF REQUEST The applicant proposes to rezone a 3.312 acre parcel, currently zoned B-1 Business District, for the development of seven (7) lots for single-family dwellings. A cul-de-sac connected to Artesia Way will provide access for the new lots. LAND USE AND ZONING INFORMATION · Park / R-15 Residential District · Nimmo Parkway (undeveloped), single-family dwellings / R-15 Residential District · Artesia Way, pump station, vacant / R-15 Residential District · Single-family homes / R-15 Residential District EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The parcel is located within the Southern Watersheds Management Area. LAGO MAR ASSOCIA TES :Agendaltem 5 Pag~ 1 AICUZ: The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Artesia Way in the vicinity of this site is a two (2) lane, undivided local street. Nimmo Parkway is shown on the MTP as a 100 foot wide, divided right-of-way with controlled access. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Artesia Way NO DATA 6,200 ADT ' (Level of Existing Land Use"- AVAILABLE Service "C") - 9,900 ADT 1 1,650 ADT (Level of Service "D") Proposed Land Use 3 - 70 ADT , Average Dally Tnps 2 as defined by3.3 acres of retail operation 3 as defined by seven (7) single family dwellings WATER: This site must connect to City water. There is a 10 inch water main in Artesia Way. There is a 12 inch and a 16 inch water main in Nimmo Parkway. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 628 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a six (6) inch and an eight (8) inch sanitary sewer force main in Artesia Way. There is an eight (8) inch gravity sanitary sewer main in Artesia Way. There is a 16 inch force main in Nimmo Parkway. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Red Mill Elementary 677 653 1.9 2 Princess Anne 1542 1557 1.1 1 Middle Ocean Lakes Hiqh 2370 2533 1.6 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). NOTE: Effective with the start of the 2006-2007 school year, this development will be redistricted from Kellam High to Ocean Lakes High along with the remainder of the Back Bay at Lago Mar subdivision and other areas north of Nimmo Parkway. LAGO MAR.~SSOGI~~ES , . Agendalt~rx15 ~~g~,.~ ,.::-,:',:..'".. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. Proposed development within the Primary Residential 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: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposed conditional rezoning from B-1 to R-15 replaces an incompatible commercial zoning with a residential zoning that is complementary to the adjacent and established residential neighborhood in terms of use, density and housing design, all of which are proffered. The rezoning eliminates the opportunity for any commercial business to operate within this strictly residential setting. Staff views this rezoning as a benefit and improvement to the orderly development of this neighborhood. 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," (~1 07(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 developed, the Property shall be developed in substantial conformance with the exhibit titled, "Exhibit for Re-Zoning of Lagomar," dated August 8,2005, and prepared by NDI, L.L.C. Basgier and Associates Division, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the City Planning Department (the "Conceptual Plan"). PROFFER 2: All residential dwelling units constructed upon the Property shall be constructed using materials, designs, and architectural features substantially similar to the material, designs and architectural features shown in the photographs labeled "Conceptual Housing Designs for Lago Mar Associates, L.L.C.," dated April 28, 2006. Photographs 1 through 12, copies of which have been exhibited to the City Council and are on file with the City Planning Department. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee LAGO MARASSOGI~fES , Agenda It~m5 ,.R~9~3 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 COMM ENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, density, use and architectural style and ensure compatibility of the development to the surrounding area.. The City Attorney's Office has reviewed the proffer agreement dated April 28, 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. LAGO MAR1\SSOGI~~ES ."Agenda It~~5 ",f?:,~~~,>4 ,-- _.-.:J._oo-. ,-, AERIAL OF SITE LOCA\tIQN LAGO MAF{ASSQCIA~ES ..AgendaH~f;p5 e~~~5 ''''., ,--~' 'ic ~..;, '\. <. ..: ~ <:: -- ,,\ TiM. VIS3.L~V y~ d8f~'H."_~-=+V'.3tt...~ C t ~! ~'~ ~(:: .$ < I ~ I . I I ,'~ <- "' ,; , J ~~-: ::r----::-""''''' ~ 'j'~ ~ I " '<j? I j , I - " ~.- ....' -.. S, <. ,'"' ~ f (0 c iE .~ L <t <.r ,~ o ::t: ~ ~ ffi PROPOSED SITERt.AN LAGO MAR.:ASSOGIAIES "., Agenda It TYPICAL BUILDING DESIGN . .:.." ",' '::,::" LAGO MARASSOCIATES . Agendalt~1"J15 egg~7 TYPICAL BUILDING.t;;)J;SI$N.,. .,'. ,......."... -'.-:..--...... LAGO MAR ASSOCIATES , Agenda Item 5 , . . P~ge8 TYPICAL BUILDING DESIGN .-,-,-' . " "'....,... '. 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'" I'" !~ lCl I~ i-. ~., * ~ ~ $ l: ~.~~ J~~ ~ ~-~ ....~~ DISCLOSURE STATEMENT .. a; .Q " 0> E ~ ~ ~ ~ Q, 9 10 8- <; '" " ~g ~~ -~.~ _c :::: 'l'tlo g~ t~ Q e ;5e. ~,~ .<:c -j~ .... 6z o <;; .t: ~~ i 35 8 &~ ~ ~ ~.~ -a ~ c~ o~ s~~ :~ ...I ::: e <.? oe.~d1~;' s~-~,~~~ ~lI)~..Q=~ w-~o>.-:; z~e';.o:: 3: "..:5'g,? ooa..o~.s >~~oJ2~ ~ Q~ 0.:2'" le%-l"'~n 0'" ~"'- IX: '" "" .8 a..-t~~~~ OW'! "'i S. .;;. ~::'e: ~ !l ~ .~ ~~ ~ 'E ~~OQi: _B_ ~ ~ 8'"~ . ~ ~~ ~ ~ ~ -.. ~,,; '" ,g e ~E 2 ~ ,!c.oU)~ : E2g;:j;$ E :0.-'2: Q Q'=::I-"'; (J"J LAGO MAR.::ASSOCIATES Agendalt~b15 Pqg~11 Item #5 Lago Mar Associates, L.L.c. Change of Zoning District Classification Northwest intersection of Artesia Way and Nimmo Parkway District 7 Princess Anne August 9, 2006 CONSENT Janice Anderson: The next agenda item is item 5, Lago Mar Associates, L.L.c. It's a Change of Zoning from B-1 Neighborhood Business District to Conditional R-15 Residential District. This is on property located on northwest intersection of Artesia Way and Nimmo Parkway in the Princess Anne District. Is there a representative on this item? Mr. Maynard? Jeff Maynard: Thank you Ms. Anderson. Members of the Planning Commission, my name is Jeff Maynard, for the record, and on behalf of Lago Mar Associates, I have reviewed and agree with the proffers submitted with the application. Janice Anderson: Thank you. = Jeff Maynard: Thanks. Janice Anderson: Is there any opposition to this application? The Chairman has asked Mr. Henley to review this application. Al Henley: Thank you. The application proposes to rezone a 3.312 acre parcel, zonied B-1 Business District for the development of seven (7) lots for single-family dwellings. A cul-de-sac connected to Artesia Way will provide access to the new lots. The parcel is located within the Southern Watersheds Management Area, and the AICUZ is less than 65 dB. Planning staff recommends approval on this, and therefore the Planning Commission also recommends consent on this particular item. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I make a motion to approve consent agenda item 5. Barry Knight: There is a motion on the floor to approve this consent agenda item. Do I have a second? Dorothy Wood: Second. Barry Knight: A second by Dot Wood. Is there any discussion? Call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #5 Lago Mar Associates, L.L.c. Page 2 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 5 for consent. = CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. OF-6477 OA TE: September 27, 2006 FROM: Leslie L. Lilley "\ B. Kay Wilso~\)J OEPT: City Attorney OEPT: City Attorney TO: RE: Conditional Zoning Application; Lago Mar Assoc;ates~ L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 10, 2006. I have reviewed the subject proffer agreement, dated April 28, 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/als Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 28th day of April, 2006 by and between LAGO MAR ASSOCIATES. L.L.C., a Virginia limited liability company (the "Grantor"), the current owner of that certain property located along Nimmo Parkway, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and , incorporated herein by reference (the "Property") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from B-1 to Conditional R-15; and WHEREAS, the Grantee's policy is 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 the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions goveming the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional R-15 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R -15 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN NO.: 2424-13-3283-0000 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 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, it's 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, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformance with the exhibit titled "Exhibit for Re-Zoning of Lagomar", dated August 8, 2005, and prepared by NDI, L.L.c. Basgier and Associates Division, a copy of which has been exhibited to the City Council and is on file with City Planning Department (the "Conceptual Plan"). 2 2. All residential dwelling units constructed upon the Property shall be constructed using materials, designs, and architectural features substantially similar to the materials, designs and architectural features shown in the photographs labeled "Conceptual Housing Designs for Lago Mar Associates, L.L.C.", dated April 28, 2006, Photographs 1 through 12, copies of which have been exhibit to the City Council and are on file with the City Planning Department. 3. 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 oflegal 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 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 Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Left Intentionally Blank:; Signature Page Follows] 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: LAGO MAR ASSOCIATES, L.L.C., a Virginia limited liability company By~e 1: ~~' Title: .J.....? COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: pt In,.." The foregoing instrument was acknowledged before me this L day of ~, 2006, by /!JidrAel r. &'1111,,0'- , in hislher capacity as managing member of LAGO MAR ASSOCLl\TES, L.L.c., a Virginia limited liability company. 7/}~ ~ ~ Notary u hc My Commission Expires: /.J.' 3 J -07 313848vl 4 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, lying and being situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as "Parcel A-3" on the plat titled "Subdivision of Lago Mar, Section Seven, Phase One, Part A, Virginia Beach, Virginia", dated September 22, 2000, prepared by NDI, L.L.c. Basgier and Associates Division, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 293, page 59 through 65. IT BEING a portion of the property conveyed to Lago Mar Associates, LLC by Deed dated January 1, 1999 and recorded in the aforesaid Clerk's Office in Deed Book 4029, at page 306. 5 Saleln Road Associates, LLC '\t> '" # 1 2 3 4 DATE 03/25/85 OS/24/82 09/24/02 06/27/86 REQUEST Conditional Use Permit (pet cemetery) Conditional Use Permit (residential kennel) Subdivision Variance Downzone to AG-1 ACTION Granted Granted Granted Denied ZONING HISTORY SALEM ROAD ASSOCIATES October 10, 2006 ,City Council Page 11 ~Br~ r:;.~C..)'.!I4'" '"''~.C'-7:''' f':.~.,t:~'-".'c." ft~":0l;,"-~. :,~~\1], ~t~ '.!~~ \~~~:~:~J!f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Salem Road Associates - (a) Conditional Change of Zoning and (b) Subdivision Variance, Salem Road, south of Landstown Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: October 10, 2006 . Background: (a) Application of Salem Road Associates, LLC for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-10 Residential District on property located on the east side of Salem Road, approximately 700 feet south of Landstown Road (GPIN 1484-31-0664; -30-8994; 41-0190). This request was indefinitely deferred by the City Council on March 23, 2004 under the name VA-CAR Development, LLC. DISTRICT 7 -- PRINCESS ANNE. (b) Application of Salem Road Associates, LLC for a Subdivision Variance (flag lots) on property located on the east side of Salem Road, approximately 700 feet south of Landstown Road (GPIN 1484-31-0664; - 30-8994; 41-0190). This request was indefinitely deferred by the City Council on March 23, 2004 under the name Va-Car Development, LLC. DISTRICT 7 -- PRINCESS ANNE. . Considerations: This application was originally submitted under the name of VA-CAR Development, Inc., and was a request for a rezoning to R-20 Residential with a Conditional Use Permit for an Open Space Promotion. The Open Space Promotion option was repealed by the City Council in 2004 to comply with revisions to the State Code; therefore, the application has been modified to a R- 10 Residential District. The original application was deferred by the Planning Commission on December 10, 2003. On February 11, 2004, the Planning Commission unanimously passed a motion to recommend approval of the proposal, finding the proposal to be consistent with the Comprehensive Plan's policies for the Transition Area (Princess Anne) that were current at that time. The applications were then heard by the City Council, on March 23, 2004, and were indefinitely deferred at that time. The purpose of the deferral was to allow time for the completion of the Joint Land Use Study (JLUS). The applications Salem Road Associates Page 2 of 3 continued in a state of deferral while the JLUS was completed and adopted and while the City Council determined the response to the Base Realignment and Closure Commission's (BRAC's) order regarding the continuation of NAS Oceana as a Master Jet Base. Included with the package of plans, policies, and ordinances adopted by the City Council on December 20, 2005 in response to the BRAC order were amendments to the Comprehensive Plan and Zoning Ordinance. A component of those amendments established the Interfacility Traffic Area (ITA) within the Transition Area (Princess Anne), providing regulations for residential development in that area. The attached staff report provides evaluation of the proposal under these provisions, since they supersede the policies for the Transition Area (Princess Anne) in place at the time staff previously evaluated the proposal in 2003. The applicant proposes to rezone these parcels for the purpose of subdividing the property into 28 single-family home lots. The lots range in size from 12,158 square feet to 17,776 square feet. There are two flag lots proposed (Lots 6 and 7) that do not meet the lot width requirement of 100 feet. A Subdivision Variance application has been submitted for those lots. There are 14.44 acres of open space provided in ponds, wetlands and open area (51 percent of the property). The home lots are concentrated on the northern and southern ends of the property with a large open space area in the middle of the property. There are trails shown on the plan meandering through the open space area and connecting to the streets in the two housing areas. The lots have been arranged in groups of no more than five contiguous lots. . Recommendations: The applicant's proposal does not comply with the Comprehensive Plan's recommendations pertaining to dwelling unit density within the Interfacility Traffic Area (ITA). The proposed development site is located within a 70 to 75 dB AICUZ, and thus, per the Comprehensive Plan and Section 1806(a) of the City Zoning Ordinance, is allowed a density of one (1) dwelling unit per five (5) acres of developable land, which, in this case, is (5) dwelling units. Therefore, since the density far exceeds that allowed within the ITA for the 70 to 75 dB AICUZ, staff cannot support this application. Instead, staff recommends that the City seek to acquire the parcels involved in this application, as provided for by the "Interfacility Traffic Area Property Acquisition Plan," adopted by the City Council on December 20,2005. Staff has been in discussion with the applicant concerning acquisition of the site and appraisals have been done; however, no agreement has been reached. As noted previously, on February 11, 2004, the Planning Commission unanimously recommended approval of this proposal under the Comprehensive Plan policies then in place for the Transition Area (Princess Anne). Salem Road Associates Page 3 of 3 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial of the application. Submitting Department/Agency: Planning Department ~ ~ k.~twi City Manager: U U l) October 10, 2006 City Council Hearing ",~~1~~ (;Jf,,, Salem Road Associates, LLC . ~J~~~1;~~~~C~v~~~~~:f{i!~;,,2 ,,/',., ,:":\'~::\~::""\"";/;-"" -- ;-...:-~, 'orsr--..:-W ",,/ " '..'f/ '"00" e;(j ~ ------,.: ,;;~\,_ " ' ~&~~ii:~/ '--'~'-5}i?Jt~~~. (:):~7'" \w.. >,tl/i ""w~/ .. --"-'" '0'>o~, . -:/~1R ; ,.,..; / "'~~5J.,,;,:,~;,., : ! ~'\. .,y '11.--.-----'"" ; ; :';\X~ . //",,~ ; 4--_::_______-; ./.t;))~::\ '. '. Y':') .' / ~ ,,~,; ____--..---C 0 /' ., \:~r:i.~~ ~-;X ""- .J .', .f.,.\!,,,,, ~'.'.' '00J'~ '}li~\\~;;~'?;;::< .;~. :\;~~-_"~;:.; '-- ~~_>,.l:'-;.' ,/ ''I~' r',"-" '1"/,,,,,,, /' f .., '\ "~\ ;,,,: .::'~~,%. 7 ' " /." ',~, f \ "~'~.~:"'/ /~~'::'~~;,:".~_." '~', ~_ 1 SALEM ROAD ASSOCIA TES (formerly VA-CAR) REQUEST: I / ! ! Chanqe of Zoninq District Classification from AG-1 and AG-2 Agricultural District (ITA Interfacility Traffic Area) to Conditional R-10 Residential District (ITA Interfacility Traffic Area). "'''''-..-.../ ./ K:l ''.. I !C."~,,t:1- -~--_.- Cp':..: - .')ct,> ;,pp!I':Jr10!} ADDRESS I DESCRIPTION: Property is located on the east side of Salem Road, approximately 700 feet south of Landstown Road GPINS: 1484310664; 1484308994; 1484410190 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 28.1 acres APPLICATION HISTORY: This application was originally submitted under the name of VA-CAR Development, Inc., and was a request for a rezoning to R-20 Residential with a Conditional Use Permit for an Open Space Promotion. The Open Space Promotion option was repealed by the City Council in 2004 to comply with revisions to the State Code; therefore, the application has been modified to a R-10 Residential District. The original application was deferred by the Planning Commission on December 10, 2003. On February 11, 2004, the Planning Commission unanimously passed a motion to recommend approval of the proposal, finding the proposal to be consistent with the Comprehensive Plan's policies for the Transition Area (Princess Anne) that were current at that time. The applications were then heard by the City Council, on March 23, 2004, and were indefinitely deferred at that time. The purpose of the deferral was to allow time for the completion of the Joint Land Use Study (JLUS). The applications continued in a state of deferral while the JLUS was completed and adopted and while the City Council determined the response to the Base Realignment and Closure Commission's (BRAC's) order regarding the continuation of NAS Oceana as a Master Jet Base. Included with the package of plans, policies, and ordinances adopted by the City Council on December 20, 2005 in response to the BRAC order were amendments to the Comprehensive Plan and Zoning Ordinance. A component of those amendments established the Interfacility Traffic Area (ITA) within the Transition Area (Princess Anne), providing regulations for residential development in that area. The following report provides evaluation of the proposal under these provisions, as they supersede the policies for the Transition Area (Princess Anne) in place at the time staff previously evaluated the proposal in 2003. SALEM ROAD ASSOCIATES October 10, 2006 ,City Council Pqg~ 1 SUMMARY OF REQUEST The applicant proposes to rezone these parcels, currently zoned AG-1 and AG-2 Agriculture (ITA- Interfacility Traffic Area), to R-10 Residential District (ITA - Interfacility Traffic Area) for the purpose of subdividing the property into 28 single-family home lots. The lots range in size from 12,158 square feet to 17,776 square feet. There are two flag lots proposed that do not meet the lot width requirement of 100 feet. A Subdivision Variance application has been submitted for those lots. There are 14.44 acres of open space provided in ponds, wetlands and open area (51 percent of the property). The home lots are concentrated on the northern and southern ends of the property with a large open space area in the middle of the property. There are trails shown on the plan meandering through the open space area and connecting to the streets in the two housing areas. The lots have been arranged in groups of no more than five contiguous lots. All of the home lots with the exception of Lot 21 on the southern side of the property are adjacent to some open space. The plan shows two future road connections for undeveloped property to the east and a roadside buffer of 100 feet adjacent to Salem Road. All of the nontidal wetlands on the site are shown to be preserved within the open space areas. The open space area is wooded; however, it is not a mature forest. It is the intent of the applicant to leave the majority of the open space in it's present wooded state and to provide small grassed parkland areas with benches in several locations along the trail. SUBDVISION VARIANCE INFORMATION: Two of the proposed lots do not meet the required lot width of 100 feet as noted below. Item. Reauired .L..o1..I J.oiU Lot Width in feet 100 30.00* 30.00* Lot Area in square feet 10,000 14,773 16,455 *Variance required LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped, vegetated. Not under cultivation. SURROUNDING LAND North: . USE AND ZONING: South: . East: . West: . Single-family homes along Salem Road and agricultural land I AG-1 & AG-2 Agricultural District Agricultural land I AG-1 & AG-2 Agricultural District Agricultural land I AG-1 Agricultural District Salem Road SALEM ROADASSOCIAIES October 10, 2006 City Coupcil Page 2 · Single-family homes along Salem Road and agricultural land / AG-1 & AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: Portions of the property are wooded. Pockets of nontidal wetlands, as defined by the Army Corps of Engineers, are present on the site. There are no "City-defined" wetlands present on the site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The United States Navy reviewed this development proposal and in a letter to staff from Capt. P. J. Lorge. dated September 11, 2006, comments that "As recognized in the 'Statement of Understanding,' a supporting document to the 'Joint Land Use Study,' the[IT A] 'is largely undeveloped and thus presents the best opportunity to prevent, to the greatest degree possible, further incompatible encroachment' on Naval Air Station (NAS) Oceana. . . . Therefore, I must express the most strenuous objection to this proposal. . . . This property should be considered for a compatible use or acquisition, utilizing the 'Inter-facility Traffic Area Acquisition Plan,' adopted by Virginia Beach City Council on December 20,2005." The complete text of the letter is included at the end of this report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Salem Road in the vicinity of this application is considered a two lane undivided minor suburban arterial. It is designated on the Master Transportation Plan as a 100 foot wide right-of-way divided with a multi-use trail and scenic easement. The Departments of Public Works and Planning have completed a corridor study and are developing an alignment for Salem Road based on a relocated 150-foot wide right-of- way. The preliminary alignment shows Salem Road relocated to the east of this site and does not impact this proposal. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Salem Road 3,500 ADT 13,600 ADT Existing Land Use" - 50 ADT Proposed Land Use 3 - 280 Average Dally Tnps 2 as defined by agricultural uses 3 as defined by 28 single-family dwellings SALEM ROADASSOCIATES October 10, 2006 City Council Page 3 WATER: There is a 12 inch water main in Salem Road fronting this property. Plans and bonds for the construction of the water system are required. SEWER: There is a 6 inch vacuum sewer line in Salem Road fronting this property. Sewer analysis and pump station calculations are required. Plans and bonds for the construction for sewer system are required. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment North Landing Elementarv 581 609 8 8 Landstown Middle 1,613 1,588 4 4 Landstown HiQh 2,355 2,272 5 5 ,,, , 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). Recommendation: Staff recommends denial of this application. The proposal is contrary to the policies of the Comprehensive Plan for the Interfacility Traffic Area (ITA), as further elaborated on in the "Evaluation" section below. Staff also recommends that the City seek to acquire the parcels involved in this application, as provided for by the "Interfacility Traffic Area Property Acquisition Plan," adopted by the City Council on December 20, 2005. EVALUATION AND RECOMMENDATION Comprehensive Plan: The subject site is located in the Transition Area (Princess Anne) and in the Interfacility Traffic Area (ITA). The land use planning policies and principles for this area strongly focus on- promoting this area as a well- planned, low density, fiscally sound and desirable destination for people to live, work and play. Proposed development within this area must demonstrate adherence to Plan's guidelines for the Transition Area (Princess Anne), creating a development that provides more than half of the site acreage in open space and recreational uses upon which the development is focused. The Plan notes the following regarding properties located within the ITA: The ITA is subject to a high volume of military jet traffic between NAS Oceana and ALF Fentress and the City recognizes the importance of incorporating appropriate planning policies for this area, consistent with the approved JLUS provision, as follows: · Within the ITA, noise zone 75+ DNL - retain the agricultural zoning of one residential lot per 15 acres of developable land. · Within the ITA, noise zone 70 to 75+ DNL - density of residential development should not exceed one lot per five acres of developable land, depending upon the degree to which each development proposal meets the City's defined criteria. SALEM ROAD ASSOCIATES October 10, 2006 City Col1ncil Page 4 · Within the ITA, noise zones less than 70 DNL, density of residential development should not exceed one lot per acre of developable land, depending upon the degree to which each development proposal meets the City's defined criteria, (p. 142-A, Policy Document). Evaluation: As noted at the outset of this report, the original applications for a change of zoning and accompanying use permit were initially evaluated by staff in 2003 under the Comprehensive Plan policies then in place. Under those policies, the proposal was deemed acceptable and recommended for approval. However, much has changed in the past three years in regard to land use in the city and its relationship to air flight operations at NAS Oceana. One of the areas where the change is most prominent is the western portion of the Transition Area (Princess Anne), which lies beneath the path of jets flying between NAS Oceana and NALF Fentress. Thus, the policy of the Comprehensive Plan for this area as provided above. The protection of this corridor, the Interfacility Traffic Area (ITA), is so critical that the Comprehensive Plan's recommended restrictions on dwelling unit density for the area were codified in Section 1806(a) of the City Zoning Ordinance, adopted concurrently with the Comprehensive Plan provision above on December 20, 2005: Subject to the provisions of section 405 (Alternative Residential Development in Agricultural Districts), single-family residential development in agricultural districts shall be permitted as a conditional use at the following density in that portion of the Princess Anne/Transition Area designated as "Interfacility Traffic Area" on the official zoning map. Noise Zone 70-75 dB DNL: >75 dB DNL: The applicant's proposal does not comply with the Comprehensive Plan's recommendations pertaining to dwelling unit density within the Interfacility Traffic Area (ITA). The proposed development site is located within a 70 to 75 dB AICUZ, and thus, per the Comprehensive Plan, is allowed a density of one (1) dwelling unit per five (5) acres of developable land. Thus, under this provision, this 28.1-acre site is allowed five (5) dwelling units. Therefore, since the density far exceeds that allowed within the ITA for the 70 to 75 dB AICUZ, staff cannot support this application. Instead, staff recommends that the City seek to acquire the parcels involved in this application, as provided for by the "Interfacility Traffic Area Property Acquisition Plan," adopted by the City Council on December 20, 2005. SALEM ROADASSOGIATES October 10, 2006 City Council Page 5 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(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," (~1 07(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 development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than twenty-eight (28) building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF BEL HORIZON, VIRGINIA BEACH, VA", dated 8/1/06, prepared by MSA, PC, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is developed, approximately 14.44 acres of landscaped parklands and lakes featuring an extensive pedestrian trail system as depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. PROFFER 3: When the Property is developed, the pedestrian trail system and open space improvements shall be constructed substantially as depicted on the Concept Plan. PROFFER 4: The community entrances and the proposed street section of the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. PROFFER 5: When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common area easements, including community owned parklands, pedestrian trail and the entrance features. PROFFER 6: All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows and doors, which is no less than seventy five percent (75%) brick, stone, stucco or similar quality materials. Anyone-story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front of yards of the homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two car garage and driveway, (including apron) with a minimum of four hundred and ninety (490) square feet of hardened surface area. PROFFER 7: When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practical and a tree preservation plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. SALEM ROADASSOCIA'fES October 10, 2006 City Council Page 6 PROFFER 8: The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing fifty one percent (51 %) of the Property to open space preservation, via the dedication of fourteen and forty-four one-hundredths (14.44) acres of the Property to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred and Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plan prior to the recordation of that plat. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated August 2,2006, 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 and Standards. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. SALEM ROADASSOCIATES October 10, 2006 City Council Page 7 -li-r~,;-' ,-,- j~.:.:.: :~~;-i.-1I;" ::;,. ~-~",,:: '- '.~' >._" ..-..I..... - -. . -:J! ,,. _ .~~;.~ ""':::~Y;/' ,,- .. .... ,.,...-. .. 'E....'~". ~..;:~ ::-!r- .lFJ .- I .i- ... · .. -_.... .. t --- 11_ II. ....- -. III - - - -.. -II. -.IIB -. -:te.-=- .. _11I11. ..' .. --- .... ...~. .. " _II .... __Ill" !III .. ..,. II - .... .-11- . I ..-11I. !III Bill .. -- .. "'111I'" .. W.- P .... .-- . ..._ . . H_ ...... .. -- -- .....1111-.. II I -111. · ......-.- ~ -_: ...,',:.,-....-:,f.,~,.;.:.{.. .....t"W.. ~- -- ,.,'.......-' . ". .-'IL ':#... ~',r ~...!. II ., ...- .... I- ,ll IIlIIII 1M .. 11II _1111 g. ... .. III 11II III IIIIIIi G c - - II .. II! AERIAL OF SITE LOCATION SALEM ROAD ASSOCIATES October 10, 2006 City Council Page 8 ,oJ o ~ ; ,~ ';C ~ t: ...., { l'4 'Iii'" ... ... ~ ,l2~' l"""'i ~,- :': "' ~ s :; ...,.., .;;a :j ,..... ~ ~ oJ 1, 4 PROPOSED SITEpLAN -__~'i.;".._ SALEM ROAD ASSOCIATES October 1 0, 2006 City Coupcil Rage 9 ;( ? ~:,.,..,.I ~ Mj u>c.) ~"'; r ~ " r f ~ ff.t PROPOSED SITE PLAN (DETAIL) SALEM ROAD ASSOCIATES October 10, 2006 City Council Page 1 0 !Z w ::i! w ~ <( 'i- ,:.I} l.lf a: :J, (fJ 9 ~ o ill Jj~ II! liff IIi I .J'!S~ ~...~! ~Ijt 0 !. ", Ji, ~,.." .. ~.!!: ''''"::1 ~ iill i ijli l ; ~.'I i~ !;ia ~i J i '~ ' .......... iC ~ 'I.,..!:,' b< ~ !I;:,.~,Q, F."':r tl~ ~ill~iiti~~ I..t" ~fll!ll~I:11 -I 'ii;:!lI'ii'~f:~ Ii't j-: ..)2=.' !~i~! :fE '~-~'it&i~ ~ [Ei..]~~l] IJ"il8 ~ B ~~i~~! ~ ,..f!1 ili ;JIU!Hfil .1_ IJI~JIIJ~.~ 11II It!I)!I!!I!1 'I i.; .....,...r '. .'!Ii ;; 15 .. 'j r ~ .:i 11,1," '... i !, .. ~. 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Ill. ~~ ~. ~~.~ :-. *,&.~ ~~ Q~~ ~~ iG~-j~'! ~ . ,:~:' =~ ~j !' .ti ~~l!l~ ~ t~l, ! ~,- !Ii! a~- t. in~~it',' ~f> ~~e! "". "':""ii"J ",1-. -'l!~*1~.t:! (i io6 71 01( '" ,,'"'7*'JiO",~': .~ Y ~.,;; ~ !:J5i;; .. ';.ll ~!! :si;::.~ 1t;r.;.!1~ i~ii~ n. ~ :; ~" ~ ,~l,. :1- "'i... 11 .. z ~ ..a i ~~ , '" :' ~ r~ '* ~. ~-;; V'; I~ a.~ "'" <:> " $:.:: Z :~ E; l? w, it ':ltjf ,:; ::~ ="ii t:;: - f;.;. \): ~ ""' s o S DISCLOSURE STATEMENT f L ~ u S 'f! 1'~ A ~ to'i, ! , -= i '. .;2 i .~ " ... i& ~! ~~ !l " 'C, ~~~ ;"g i~ 'il 0'$. Cl SALEM ROAD.ASSOGIATES October 10, 2006Gity GOljpcil Page 14 DEPARTMENT OF THE NAVY NAVAL AIR Sl'ATlON CCEANA 1750 TOMCAT BOULEVARD VlR<3INaA. BEACH. VlRGiNlA 23460..2168 1i'taE.elj ~efER TO :J, ,!;GO Ser 33/470 RECEIVED'l1' SEP 1 4 20D6 2006 Mr. S~ephen J. ~4,ite. ph.D., ATC? Pl~~ing Deparcment City of Virginia Beach 2405 Courthouse Drive, B\;.ilding 2 Virginia Beach, VlJ.. 23'56 Dear Nr. T,Ih'1i. t e : .)LANNING DEPARTMEN Thank you for your letter and proposed site plan by Salem Road Associates in which they seek a cha."lge in zoning from .~G-llAG-2 Dis;trict to R-I0 Residential Dist:::-ict for property located on Sal~~ Road. Their pla~~ed twenty-eight home subdivision. called Bel Horizon, lies within the 70-75 decibel (dB) day-night average (DNL) noise zone and in an area known <>..:> 1:he Inter-facility Traffic Area (ITFA). The Navy's Air Installation Compatible Use Zone Program provides tr..at. res::.dential uses are not compatible inside the 70-75 dE DNL. As recognized in the "Statement of Understanding," a supporting document:. to t.he "Joint Land Use Study", the ITFA "is largely undeveloped and thus presents the best opport.unity t.o prevent, to the greatest. degree possible. further incompatible encroach.'nentN on Naval Air Station <NAS) Oceana. The concern is single event noise impacts related to the arrival and departure of ::actical jet aircraft on established flight tracks sout.hwest of N'AS Ocean a and protecting that part of the city recognized as critical to ';;.he future long-term operat.ional viability. Therefore, I must. express the most strenuous objection to this proposal as the Navy disagrees wi:h exp,=,sing future residents to the impacts of our operations vli th incompatible development. This property should be considered for a compat.ible use or acquisition, utilizing the "rnter-facility Traffic Area Acquisition ?lan," adopted by Virginia Beach Ci~y Council on December 15, 2005. Additionally, on June 27, 2006, City Council adopted a resolution reaffirming the city's plan for compliance \IIi th the Base Realigr.rnent: a'1.d Closure Con~ission's decision regarding N~~ Oceana. This resolution adopted in Ju."1e 2006, implies the city'S commit.me..?lt to the ordinances adopted since Dece.wer 200S, that supports NAS Oceana Gl.nd includes the AICUZ Overlay Ordinance and Inter-facility Traffic Area Acg-..;;.isi tion Plan. ~'!y staff and I are prepared to discuss this matter ....Ii th cit,y staff or representatives of Salem Road Associates. If you v..ave any questions, please contact my Community Plan.'ting Liaison Officer, Hr. Ray Firenze at (757) 433-3158. . wORGE t.ain, u.s. Navy C~~nding Officer SALEM ROAD ASSOCIATES October 10,2006 City Council Page 13 Item #19,20 & 21 VA-CAR Development, L.L.C. Change of Zoning District Classification Conditional Use Permit Decisions of Administrative Officers East side of Salem Road District 7 Princess Anne February II, 2004 REGULAR Dorothy Wood: Could you please call the next item? Joseph Strange: The next items are Items #19, 20 & 21 VA-CAR Development. Item #19 is a Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to R-20 Residential District. Item #20 is a Conditional Use Permit for Open Space Promotion and Item #21 is Decisions of Administrative Officers. They are located on the east side of Salem Road in the Princess Anne District. Eddie Bourdon: For the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. You all heard from me on this application back in December when the application was deferred for the issues that were addressed by City Council last night. I will just bring up that there was some comment about this possibly being on the consent agenda back then. The Council, as you know last night approved the Interim Guidelines and this application, like a number of other ones that in this case has been in the process since November 2002 is to be moved based on our current Comprehensive Plan adopted in December, which this is consistent with as well as the prior Comprehensive Plan which was in place when this was begun as well as the TAT AC Committee recommendations for the Princess Anne area, which as your staff has properly noted that this applications complies with those recommendations and those requirements. The property is an assemblage of four pieces of property. They were at one point under separate ownership. The application was originally filed by a different entity then is the one that has bought and is before us today. That is actually a lady has acquired three parcels as an assemblage. This entity after buying them from her during the tenancy of the application has acquired another piece of property, all for the purpose of bettering the application. I think the assemblage of the property is a big benefit here. The other thing is this property is south of North Landstown Road and Salem Road. On Salem Road, in an area that is very much a rural residential stretch of Salem Road. There are a number of houses in place along this stretch of Salem Road in excess of 20 homes. And, the one thing that I also want to point out to you is the Master Transportation Plan shows Salem Road ultimately being relocated, realigned behind this property. I think there would be some improvements to this portion of Salem Road ultimately, but this would really wind up in all likelihood being a residential cul-de-sac, a residential street when and it's a number and number of years off when Salem Road is relocated and widened. Because of the nature ofthis area as being a lot of homes along here, the way we laid this subdivision out is sensitive to those existing homes that front on Salem Road in that we have set the homes well back from Salem Road so we don't have a situation with the houses that face Item #19,20 & 21 VA.-CAR Development, L.L.C. Page 2 Salem Road having houses next to them backing up to Salem Road. We got the very significant buffer wherein it's a 100-foot buffer, wherein we also got to place the storm water BMPs, which will fit in well in terms of the aesthetics. The homes will be well spaced and they won't have homes real close to each other and again backs to fronts. The proposed subdivision is 28 lots on a total of 28 acres that are all developable acres in the City of Virginia Beach ordinances. The lots have been clustered up in the northern section and the southern section so again the lots are adjacent to Open Space. We've also left Open Space adjacent to the existing residents as wells. We got a trail system with benches in an area that will remain forested although its not a real mature forested area at this point but it will over time it will become so. We've also provided future potential accesses both the Open Space where we adjoin this property, which someday will likely be developed. Also a street extension accesses because it's important to remember as I mentioned before, when and if and when is the question and not if, Salem Road is developed behind this property and this becomes just a residential street, the benefit of not having development on these properties and having to access the new Salem Road, which will be a four lane divided and be able to be using this residential collector's feed, which it will be at the point in time, is from a long range perspective, a very good planning tool and a benefit down the road so we can limit access to the major thoroughfare. And given the large number of homes that front on this section of Salem Road, the idea of relocating Salem Road in the future when it's widened makes a whole lot of sense in a lot of different ways with the traffic movement standpoint and also in terms of not impacting all these homes in this area along Salem Road. The staff evaluation, I think is on point in every way. This applicant has met with the staff and moved through the process deliberately and have done everything that I think anyone has asked of them and recently asked of them. The issue as you are all well aware is and has been at least over the course of the last few months is the Navy's adoption of and I believe they're the only service that has adopted the DOD recommended change in the AICUZ Compatibility Table that was done by career bureaucrat up in the Pentagon. I went through all this last night. The bottom line is that City Council has clearly indicated that these applications that are in accordance with all of our ordinances, our Comprehensive Plan and our precedence should be moved through and those that are pending as this one has been under those precedence and under that Comprehensive Plan. The staff has recommended approval in accordance there with. All the homes are in the 70-74 Ldn noise zone under the 1999 AICUZ map, which we are using as a planning tool and a planning guide. And, under that map and the guidance that existed with regard to what was compatible or conditionally compatible residential in this area and the noise construction techniques are required under ordinances in effect in the City that was adopted back in 1994 at the request of the Department ofthe Navy. As a result, we believe the application and as your staff has recommended, is one that is deserving of approval. I would also mention that in the year 2000, the Department of the Navy did an actual noise contour map based on actual base operations. Remember the 1999 map was a project map and the 2000, actual base operations map under those noise contours, this piece of property is not in any high noise zone. It is below 65 Ldn, and based upon that fact as well, as all the other issues that I've discussed, and which I think you all are very familiar with because they have been widely discussed by this body and this application Item #19, 20 & 21 VA.-CAR Development, L.L.c. Page 3 is deserving, in our estimation, of your recommendation for approval, just as the staffhas also recommended approval. I'll be happy to answer any questions. Dorothy Wood: Thank you Mr. Bourdon. Are there any questions ofMr. Bourdon? Ronald Ripley: Eddie, can you point out and you mentioned the open space that is adjacent to existing houses, can you point to those areas? It's not real clear. Eddie Bourdon: There are houses along here. This is all open space. There are houses here and this is open space. There is open space adjacent to a house there. I believe there is a house on one of these two lots that this is adjacent to. Our lots are adjoined to another piece of property and this one does, but this is all open space area. The house is up here. A portion of that lot adjoins an area that is open. We have not put houses up against other people's houses just open space. Similarly, we got open space all along our borders. The only place we don't have open space along our boundaries again, is this little spot here. This spot here and this spot where these lots adjoin a very large drainage ditch. Then you got houses in here and that is where we got open space adjacent to where those homes are located. No lots abut those lots where those houses. Ronald Ripley: The land to, I guess the east, is that mostly farmland? Eddie Bourdon: It's farmland. Yes sir. Ronald Ripley: Farmland. Okay. On your trail system, is that trail system something that will be open to the public or restricted to the neighborhood or what? Eddie Bourdon: The trail system will have a public use easement on the entire property. Ronald Ripley: Would that include equestrian too? Eddie Bourdon: I don't know if we designed the trail for equestrian use but if that is something that is desired, I am confident that the applicant would have no adversion to making sure that was effective. Ronald Ripley: That keeps popping up. It may be a goal of the Transition area. Eddie Bourdon: I think in this area along Salem Road it may well be a situation where that's necessary. There is no resistance to putting the trail in so that it meets whatever requirements the City Councilor this body or Planning Department wants in terms of a private trail. The idea is just to provide for public access for whatever uses we think are needed. Dorothy Wood: Mr. Din? William Din: Can you clarify the AICUZ for me again? Our write up says the site is in a 70-75 dbl. Item #19,20 & 21 VA-CAR Development, L.L.c. Page 4 Eddie Bourdon: Under the 1999 AICUZ map that we are operating under as our planning tool, this property is under the 70-75 Ldn. That is correct. What I said in addition to that is that 1999 map, which we're operating under and under that map and the guidance that went along with in terms to what's compatible. Residential land use, is it compatible or conditionally compatible land use? In the year 2000, the Navy in reply to a lawsuit prepared and had done an actual on the ground AICUZ, not the word they use, had noise contours based on actual base operations modeled based on what's actually happening. Those contours and Council has seen the maps and the City, has got the maps. I don't know if you all have them on the PowerPoint today but those maps show contours of actual base operations where this property is not and a lot of properties are not under those high noise levels. In other words, those actual base operation contours are far smaller than the ones we are using under our zoning ordinance. Making this presentation for the purposes of necessarily arguing that those maps need to be changed but that is an issue that is going to be out there for discussion. The other interesting part of the whole scenario is that when the Super Hornet decision and lets bring the Super Homets here to Virginia Beach, there was all this conversation and discussion about them being louder than what we currently had here. And, as part ofthe environmental impact study statements to bring them here, those impacts were projected on computer. The baseline for making those projected determinations as to what the increase impact would be, the baseline is the 2000 Operations Map, not the 1999 map that we're using as a planning tool. And, those maps that show the projected impact of the louder planes that are part of the environmental impact study to bring the Super Hornets here, do in fact show a greater impact than is shown on the 2000 base operations map but in fact is a smaller footprint of noise contours. Smaller area encompassed by high noise zones even after they are here then what we're operating under as our 1999 AICUZ map. That's the real interesting dilemma. The planes are louder but what we are dealing with is that we've already put more land 26,000 acres under our AICUZ program by adopting the 1999 projected map than those impacts actually exist. I gather there is another issue that is now bothersome from the Navy's perspective based on the conversation and discussion last night and that is single event noise. We have nothing in any of our ordinances. We have nothing anywhere that deals with single event noise. I guess that is something of an evolving process that may be addressed as time moves forward. Based on the laws, the plans, and situation, this is not new to any of us. The City has been dealing with this since the 1970s. The City has done, in my estimation everything that could reasonably be expected and exactly earnestly and forth rightly in trying to work through all these issues and trying to provide notice to the public as to what was transpiring and try to protect everyone's interest. It is unfortunate that we've been placed in this position because no one at NAS Oceana and they're wonderful people knew anything about this change before it took place. Obviously, no one here in our City government or any of our political leaders or property owners knew anything about it either. That is all what we've been struggling with for a number of months. Eugene Crabtree: Eddie, I have one question. We're talking about the noise and all but in looking at this I don't see anything on our maps that tell me anything about the flight paths in relationship to the runways between Fentress and Oceana. Am I to understand Item #19,20 & 21 VA-CAR Development, L.L.c. Page 5 that this property sits off to the side or do the direct flight path between Fentress and Oceana or is it in the direct flight path? I'm interested in accidents. Eddie Bourdon: It is not in an accident potential zone under any map at any point in time that I've ever seen promulgated. It is in the, and if you look at the noise corridors, it is between Oceana and Fentress. ' Eugene Crabtree: I know that. The flight paths and do the planes go directly over this property or do they go to one side or the other of it normally in their flight paths? Eddie Bourdon: Based on the testimony of last night it was agreed by all parties that the planes don't fly in one straight line. They're all over. Eugene Crabtree: I know that. Eddie Bourdon: It is clearly in the general flight path but I don't there is specifically. We go right over this property between Oceana and Fentress. There's no denying that fact. There is five miles from the runway at Oceana and it's approximately three miles from Fentress in Chesapeake. If you look at the contours, the contours are based on where the flights take place and it's absolutely in as all these neighborhoods that I heard them talking about last night, that are very close to here to Indian River Road that have all been approved, rezoned, built and are in the process of being built that are in the same exact flight path that are in the same exact noise zone where you got three units per acre and you got hundreds and hundreds of houses. So, the answer is in the corridor between Fentress and Oceana. I don't think anyone would suggest that every plane could even fly the same exact line. There was a lot of testimony last night. Ifwe could put the bigger map on this property is relatively close. Eugene Crabtree: That is what I was looking at. Eddie Bourdon: It is relatively close to the property that was approved last night. I'm fairly certain that this is Indian River Road. I believe the property is basically in this area down here to be offthe map. It is not far as the crow lies as from the property that was before the City Council last night. Eugene Crabtree: I want to know how the plane flies. Eddie Bourdon: According to the people who live out there and there was a lot of testimony last night, the noise impacts here are really, in their estimation, not very significant at all because planes are well in the air when their in this area. Eugene Crabtree: Noise won't take lives but a crash will. Eddie Bourdon: It's not in close proximately. It's three miles from Fentress and five miles from Oceana. It's not in close proximately to the runways. It's not even close to being in any crash zones. Item #19,20 & 21 VA.-CAR Development, L.L.c. Page 6 Dorothy Wood: Mr. Ripley? Ronald Ripley: I would suggest and I don't know if this is an appropriate place to do it but maybe after everybody testifies that Mr. Scott, possibly review the policies that were adopted last night by City Council. That's the policy under which we're reviewing this particular application. We're reviewing this application under the current Comprehensive Plan. This application was filed prior to entering into discussions with the Navy and it's been on the books for a long time so this is different then what's going to be happening in an interim policy basis until the joint land use study is completed. Dorothy Wood: Thanks Ron. Ronald Ripley: So, I think Mr. Scott can go through that. Dorothy Wood: Would you like that? Ronald Ripley: I don't know if you want to do it now or want to it later. Dorothy W ood: Well, he did it this morning. Robert Scott: It's very brief. The City Council appointed a special task force to achieve certain things regarding the AICUZ Program. One of the things that they were tasked to do is to come up with some interim policies for how to deal with matters just like this. What do we with applications as they come in? The task force did make a recommendation and sent it to the City Council. The City Council accepted that recommendation in a form of a resolution last night. Here is what the recommendation said. Now, you may like it or may not like. You may agree with it and you not agree with it but this is what it says. There are two parts to it. The first part says, "if an application was filed prior to February 3," which this application was, and it should be moved forward and decided on its merits based upon basically the Comprehensive Plan. And then it goes on with another section that does not apply here because the question is has part number one been answered. Part number 2 would say and it says a lot of things. But, had this application not been filed prior to February 3,2004, the policy would have recommended because it's in a noise zone over 70 decibels in the 1999 map, that it be deferred until the joint landing studies is complete. But Part I rules in this case and part 1 rules says, because it was filed prior to February 3,2004 we should go forward and decide it on its merits. The City Council adopted that by resolution last night. Dorothy Wood: Thank you Mr. Scott. Eddie Bourdon: I failed to mention and I appreciate the opportunity to mention it before I sit down again and that is in the high noise zones under the 1999 AICUZ map, there are a total of well over 20,000 homes wherein close to 100,000 people reside. There are thousands of hotel, and time shared units also that are now non-compatible under the new guidance. And, all totaled these 28 homes would be a less than a tenth of one percent of the total number units, timeshare, hotel/motel and residential that are in the high noise Item #19,20 & 21 VA.-CAR Development, L.L.C. Page 7 zone that are now with a unilateral change in policy that is only applicable, as I understand it to just the Navy level that would be non-conforming. So, my friends from CCAJN are here today. The idea that approving 28 homes, which is a tenth of a percent of the number of homes that are already in there that are non-conforming based on this one change that were previously conforming isn't going to cause Oceana to no longer exist. Dorothy Wood: Thank you Mr. Bourdon. Is there any discussion? We have opposition? I bet we do. Joseph Strange: Bobby Rountree. Dorothy Wood: We1come Mr. Rountree. I'm sorry I almost forgot to call up on you. Bobby Rountree: I would like to do that. Dorothy Wood: I saw you. Thank you for coming down and waiting all day. Bobby Rountree: Congratulations on your new position. Dorothy Wood: Thank you. Bobby Rountree: Commission, Mr. Scott, Ms. Wilson, good afternoon. My name is Bobby Rountree, Executive Director for Regional Air Operations, which include NAS Oceana and Fentress. I am here today on behalf of Captain Keeley, who is unable to attend and who is the Commanding Officer ofNAS Oceana. I would like to start offwith a few facts. The Transition Area Technical Advisory Commission (TAT AC), and it has been said in other public forums that the Navy was a partner in TAT AC' s development of the Transition Area Guidelines. The Navy's only involvement was to sit in the audience and to observe. No interaction was requested of or provided by the Navy. The Navy's opposition to continued development in the Transition Area is not a result of the updated OPNA V Instruction but it's about the health, safety and welfare of future residents who will be impacted by the large numbers of very loud, single event noise operations where the majority of our flight tracks are located. The Virginia Beach AICUZ Task Force Interim Guidelines, which Mr. Scott read to us, it governs the applications for land development in AICUZ zones adopted last night by Council. The Navy had no seat at the table, nor any ability to voice concerns as those guidelines were revised after the Navy and staff developed a mutually agreed upon draft guidelines. I'm here on behalf of the Navy and probably more important, on behalf of the future residents of this community that do not have the ability to speak out with regard to the high single event noise they will be subjected too. I am speaking in opposition to this planned development by V A- CAR Development. The site is located, as you see on the depiction, five miles southwest of Oceana and three miles north ofNLF Fentress in the 70 to 75 decibel day/night average noise zone. This site is directly aligned with NAS Oceana Runway 5, one of busiest runways. There are several key flight tracks that aircraft use to navigate to and from Fentress at Oceana that concern us as they should concern you. In 2003, Runway 5 Item #19, 20 & 21 VA.-CAR Development, L.L.c. Page 8 accounted for 42 percent of201,000 flight operations. Aircraft on approach to NAS Oceana Runway 5 conduct straight-in instrumental approaches, overhead arrivals, inter- facility traffic within NAS Oceana/Fentress as well as Runway 23 departures that would impact this subdivision. Ed Weeden: Mr. Rountree, you're just about out of time. Bobby Rountree: One flight track alone had 6,600 flight operations with decibels of 108 db's and F-18 Super Hornets would be a 114 db's. We ask that you please consider our concerns on your way to a final decision. We view further development in this area as incompatible and new encroachment upon the Navy's and Joint Forces Operational Mission ofNAS Oceana. In closing, Captain Keeley wanted me to advise you that he has recently been told that NAS Oceana is number one on the Department of Defense list of installations when it comes to encroachment. He also added that we did not get there through any "so called" partnership with the City and the Navy. Dorothy Wood: Thank you Mr. Rountree. Are there any questions for Mr. Rountree? Ronald Ripley: I've got a question. Mr. Rountree, were you at the meeting when these Interim Guidelines were worked on? Bobby Rountree: No, I was not. Captain Keeley was there, and our Community Liaison Planner, Mr. Ray Firenze was there. Ronald Ripley: I was there. I'm one ofthe five that's on the Committee. Captain Keeley was there and Oceana had responded to the initial draft that Planning Department had prepared. It was pretty close to the same thing that the Planning Department had presented with the exception that it addressed flight paths, which is not defined anywhere. All that we had to deal with is AICUZ. That was the reason why the resolution deals with AICUZ's and not flight paths, because it was not defined. So it was real clear. As far as asking the Navy to the table, it maybe was asked to the table. They chose to sit and didn't want to come to the table, I would think, or they wanted to and they sat on the side and they were asked if you have any comments about the draft that we're proposing? And they said, "Not at this time." So, there was interaction there. The letter may be construed differently. I think there was interaction. I just wanted to put that on the record because every effort to cooperate has been made. I think Mr. Scott and his staff worked pretty hard with the Navy and the Navy worked pretty hard with them trying to work it out. Hopefully, what we came up with made some sense. Now perhaps the guidelines that were operating on right now you don't agree with and maybe you don't agree with the Interim Guidelines. I don't know, but I think there has been a lot of effort to work that out. I know I spent three hours over here in that meeting just in that by itself. I don't know how many hours Mr. Scott spent on the proposal, but I imagine you spent some pretty good time. But all that is appreciated. I just want to put that on the record. Item #19,20 & 21 VA-CAR Development, L.L.C. Page 9 Dorothy Wood: Thank you. Is there anyone else for Mr. Rountree? Thanks Bobby, appreciate you coming. Eugene Crabtree: Bobby, I'm going to ask you again similar to what I asked Eddie. Now, looking at your map here, it looks like we got some direct flight lines that are going over this proposed development. They are a little ways up from the actual dropping down into the landing pattern. Are they not? Bobby Rountree: Mr. Crabtree, this is the final approach course to Runway 5 at Oceana. This is the pattern at Fentress. Eugene Crabtree: Okay. Bobby Rountree: What you don't see is there are several tracks that go between here to final Runway 5. If! take off of Fentress Runway 5, and it's five in the morning, I'm going to go a little left turn, climb to 1,000 feet, leave my landing gear and flaps down, produce a 108 decibels and I'm going to fly right up here and I'm going to go be right up there and get lined up on this runway and I'm going to right in the near vicinity of this property. Eugene Crabtree: When do you start dropping down in order to set down on the runway? Bobby Rountree: The descent will probably occur approximately in this area right here. Eugene Crabtree: Okay, so right about the edge of the property? Right? Bobby Rountree: No sir, it would be over the property. It would be past the property. It would north east of this property were talking about. Eugene Crabtree: Just a little bit past that where the actual drop down occurs? Bobby Rountree: Out of that 1,000 foot, I'm going from Fentress to Oceana. There are several other flight tracks that ifI'm coming back from Whiskey 72, which is off the coast of North Carolina, I'm going to fly right over here and make a turn again to line up and come right here. Like I said, there are several flight tracks between these two blue lines but we just decided to give you a swath of tracks not depiction. Eugene Crabtree: I'm just in my mind just trying to determine where the greatest accident potential would occur and if it occurs, if this noise is the problem over the property but the accident potential is closest to the runway. It makes a difference in my mind. Bobby Rountree: The actual accident potential zones as defined by guidelines, this is at APZ 1, up here, at APZ 2 comes out to here. This is APZ I & 2 down here at Fentress. Item #19,20 & 21 VA-CAR Development, L.L.c. Page 10 Eugene Crabtree: So, basically this piece of property really is outside of our accident potential zone as we have it defined at the present moment. Am I correct? Bobby Rountree: Correct. Not in APZ. Dorothy Wood: Thanks Mr. Rountree. We appreciate you coming down. Mr. Bourdon? Eddie Bourdon: I appreciate that. If you look at the existing APZ's, and I understand the new maps will change slightly but in terms ofthe impact of APZ's on this piece of property. There isn't any. It's about as centrally located away from the APZ's as you can get. It is on the outside of those lines. Again, the single event noise issue and there is no doubt and I'm not here to sit there and argue that there won't be some noise but I think it is quite apparent for a lot of different reasons that people in Virginia Beach do in fact, have any problem with jet noise. There are so many very expensive homes and those in the moderate price range that sell as soon as you put them on the market even though they are in a high noise zone that's the 20 something thousand homes I've talked about earlier. There is no difference in their marketability or their prices because they're in noise zones. And, one thing that I wanted to comment on is that Bobby mentioned is that he was here speaking on behalf of future residents. The City of Virginia Beach adopted quite a number of years ago at the recommendation of the Navy ordinance changes that require all contracts on all new homes and the sale of existing homes to have notification in there about the noise level that they're in. So, anyone buying a home in Virginia Beach, Oceana's existence is no secret. Every effort has been made that can reasonably can be made that I can even conceive ofto make sure that they're on notice about the fact that they are in a noise zone. You have to be really out there not to know if you bought a house here that you're going to have some noise impact. But that noise impact is minimal from my perspective. I live in a high noise zone as do quite a number of other people. It's something you don't have a problem with at all. The number one encroachment list that was referred to and I will guarantee you that Oceana was never on any encroachment list under the guidelines and compatibility tables that existed prior to this change. So, that just confirms what I said numerous times that if Oceana's in peril, it has been imperiled by the change that made all these three and half billion dollars worth of real estate in Virginia Beach that's in those high noise zones now non-compatible. Dorothy Wood: Thank Eddie. We appreciate it. Eddie Bourdon: Thank you. Dorothy Wood: Are there any other questions for Mr. Bourdon? Is there any discussion? Do I hear a motion? Ronald Ripley: Do you want discussion? Dorothy Wood: I asked for any discussion. Ronald Ripley: I'll discuss. Item #19, 20 & 21 VA-CAR Development, L.L.c. Page II Dorothy Wood: Good. Ronald Ripley: Just keep in mind that this is being considered under the current Comprehensive Plan. To me, it classically fits within the Comprehensive Plan. I think the plan is a good plan. I think the plan itself, the way it's laid out with the open space and the way they've managed to clustered the housing so that it looks like there is no more than five that are clustered together at anyone spot. The trail system and looking at the matrix and the City went through it and scored fairly high in those areas also. Given that and the proffers that have been presented that will ensure that the houses are nice houses, if you will and a pretty nice size. We're looking at 28 lots here. The AICUZ issue and it is in the AICUZ as most all the transition but it's in an AICUZ zone that's central to the two bases. It's not really peculiar based on other development that has been put into the area. I'm going to support it. Dorothy Wood: Thank you. Is there further discussion? Do we have a motion then? I'm sorry, Jan Janice Anderson: I'm just going to state that I'm agreeing with Ron. I think it is almost picture perfect from what they have for the Transition Area so far as 51 percent, connect ability with the roads to any other projects they may have, the trails system, the clustering, all those items. And, I think with following the direction of the temporary to consider this on it's merits, I think I would approve it. I would make a motion to approve it with the conditions. Ronald Ripley: I'll second it. Eugene Crabtree: Dot. I have one thing I want to say before we go. I agree that the plan itself and the layout with the 28 homes. The vision is outstanding in the way it's designed and everything. And, of course, I'm very much concerned with the planes and where they go. However, since this appears to be outside the actual accident potential zone, the noise doesn't bother me near as much as accident potential. It does bother me that somewhere in the future someone will complain to the noise as some of residents have done in the past even though they live in the noise area. I like the actual development. Since it is outside the accident potential areas, I think I'll support it. If it were inside the accident potential areas, I'd probably be against it. Dorothy Wood: Thank you. We have a motion and a second. Is the vote open? AYE 8 NAY 0 ABSO ABSENT 3 ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT AYE AYE AYE AYE ABSENT ABSENT Item #19, 20 & 21 VA.-CAR Development, L.L.c. Page 12 MILLER RIPLEY STRANGE WALLER WOOD ABSENT AYE AYE AYE AYE Ed Weeden: By a vote of 8-0, the application of V A.-CAR Development, L.L.c. has been approved. Dorothy Wood: As you know, we hope to have a new theatre in our City soon and this afternoon from 4:00 p.m. to 7:00 p.m., you are all invited to go to the Art Center and to vote on which of the two proposals that have been submitted that you prefer. That is at the Art Center from 4:00 p.m. to 7:00 p.m. this afternoon. This meeting is adjourned. Salem Road Associates, LLC '-.. . \ \ 'L_.c.';:,: ~ L.-~--- 0 \ --------~ ---,.--, \ /< ~ \ / i "" / ; ~'1l..r,1 "CA' / (IrA) CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5664 FROM: Leslie L. Lilley B. Kay WilSO~ DATE: September 27, 2006 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Salem Road Associates The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 10, 2006. I have reviewed the subject proffer agreement, dated August 2,2006 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/als Enclosure cc: Kathleen Hassen PREPARED BY: ~.m Sms. nOURDON. mil AImm &. lM. P.C SALEM ROAD ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 2nd day of August, 2006, by and between SALEM ROAD ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 28.1 acres and described as "Parcel One", "Parcel Two" and "Parcel Three" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are 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 Classifications of the Property from AG-1 and AG-2 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 WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1484-31-9664 1484-30-8994 1484-41-0190 PREPARED BY: Sms. ROURDON, AllIRN &.lM. P.C 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, 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes 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, grantees, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than twenty- eight (28) building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF BEL HORIZON, VIRGINIA BEACH, VA", dated 8/01/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, approximately 14.44 acres of landscaped parklands and lakes featuring an extensive pedestrian trail system as depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. 3. When the Property is developed, the pedestrian trail system and open space improvements shall be constructed substantially as depicted on the Concept Plan. 4. The community entrances and the proposed street section of the roads withinBthe community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. 2 PREPARED BY: 5. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas easements, including the community owned parklands, pedestrian trail, and the entrance features. 6. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy- five percent (75%) brick, stone, stucco or similar quality materials. Anyone story dwelling, shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. 7. When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practical and a tree preservation plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. 8. The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing fifty-one percent (51%) of the Property to open space preservation, via the dedication of fourteen and forty-four one-hundredths (14.44) acres of the Property to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City ~ SYIl[S, ROURDON. ~ Am:RN & lM. p,c. 3 PREPARED BY: ~m syl(IS. ROURDON. mll Al!rnN &. LM, P.c. agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-10 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 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 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; 4 PREPARED BY: 55,13 Sms. ROURDON, mil AlJillN & LEVY. P.c. (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 names of the Grantor and the Grantee. 5 PREPARED BY: ~ smS. BOURDON. m Am;RN &IfVY. P.C WITNESS the following signature and seal: Grantor: SALEM ROAD ASSOCIATES, L.L.C., a Virginia limited liability company ~ ~ (SEALl ~~ B. Newman, Managing Member STATE OF VIRGINIA CI'IY OF VIRGINIA BEACH, to-wit: The foregoing instrument' was acknowledged before me this ~ day of August, 2006, by Harry B. Newman, Managing Member of Salem Road Associates, L.L.C., a VIrginia limited liability company, Grantor. . la.. I D Ji~ ~Public My Commission Expires: A~_l ;jl, a~ 07/ S 112D I'D 6 PREPARED BY: ~m SillS. ROURDON. mil AIlrnN &. llVY. P.c. EXHIBIT "A" PARCEL ONE: All that certain tract, piece or parcel ofland, situated in the Seaboard Magisterial District in the County of Princess Anne, Virginia, on the east side of the road leading from Princess Anne Court House, containing nine and sixty-three one hundredths (9.63) acres and bounded as follows: by the land of Milton Lee on the north, on the east by Anne Edmondson, on the south by Gideon Brockett and on the west by Salem Road to North Landing, and being a part of the same property conveyed by deed of bargain and sale dated on the 29th day of August, 1911, to Gideon Brockett, by Henry T. Murden, and Fannie Murden, his wife recorded in the Clerk's Office of the Circuit Court, Princess Anne County, Virginia, in Deed Book No. 87, at Page 91. GPIN: 1484-31-9664 PARCEL TWO: All that certain piece or parcel of land situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and containing one acre, more or less, as depicted as Parcel G on that certain plat entitled "Survey of Property of Gideon Brockett Estate" and recorded as Instrument No. 200210033043211 and being more particularly described as follows: Beginning at a point located on the eastern right of way line of Salem Road, said beginning point located approximately 0.9 miles north of North Landing Road, thence, along the eastern right of way of Salem Road, along a curve to the right of 179.69 feet in length having a radius of 1,696.68 feet to a point, being the northwest corner of said property; thence, away from Salem Road N 76 degrees 12' 00" E 318.17 feet to a point being the northeast corner of said property; thence S 13 degrees 47' 02" E 114.6 feet to a point, being the southeast corner of said property; thence S 64 degrees 52' 56" W 190.00 feet to a point; thence S 62 degrees 06' 47" W 100.00 feet to the point of beginning, said point being the southwest corner of said parcel. Said parcel contains 1.01 acres, more or less, having GPIN Number 1484-30-8994-0000. GPIN: 1484-30-8994 PARCEL THREE: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated "PARCEL B", containing 17.380 Acres, as shown on that certain plat entitled, "RESUBDMSION OF SURVEY OF PROPERTY OF GIDEON BROCKETT ESTATE (Instrument No. 200210033043211) AND PROPERTY OF J.C. BROCKETI LOCATED ON 7 PREPARED BY: . SITtS. ROURDON, AllrnN .& llVY. P.c. SALEM ROAD IN PRINCESS ANNE CO., VA. (MB 75, PG 49), VIRGINIA BEACH, VIRGINIA", prepared by MSA, P.C., said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060717001075800. GPIN: 1484-41-0190 ConditionalRezonejV A. CarDevelopment.Proffer6.Clean Rev.Sj02jo6 8 Map - J-10,11 Map Not to Scale R-20 ~ N R-20 1 4 3 R-20 " o 1 OS/23/06 CHANGE OF ZONING (R-20 to Conditional 1-2) Granted 1 02122/05 CHANGE OF ZONING (AG-1, AG-2 & R-20 to Granted Conditional 1-1) CONDITIONAL USE PERMIT (bulk storage) Granted 2 11/25/03 STREET CLOSURE Granted 09/14/93 STREET CLOSURE Granted 3 09/14/93 CONDITIONAL USE PERMIT (horse race track) Granted 4 03/26/96 MODIFICATION TO THE LAND USE PLAN Granted CHANGE OF ZONING (R-20 to PD-H2 with R- 10) Granted ZONING HISTORY LONDON BRIDGE Agenda Item.18 Page 1 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: London Bridge Self Storage, L.L.C. - Modification of Conditions, 2120 London Bridge Road (DISTRICT 7 - PRINCESS ANNE) MEETING DATE: October 10, 2006 . Background: Application of London Bridge Self Storage, L.L.C. for the Modification of Conditions for an application approved by City Council on February 22, 2005. Property is located 2120 London Bridge Road (GPINs 2405414984; 2405412556). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant is requesting a modification to Proffer 3 of the Conditional Change of Zoning from AG-1 & 2 Agricultural District to Conditional 1-1 Light Industrial District approved by the City Council on February 22, 2005. The purpose of that Change of Zoning was to allow development of the site with office-warehouse units. At the time the Change of Zoning was granted by the City Council, the property to the west was undeveloped, leaving the western side of the warehouse units highly visible from London Bridge Road. To ensure the view from London Bridge Road represented high quality, the applicant proffered to upgrade the fac;ade that would be seen from London Bridge Road. With the industrial development to the west, The adjacent parcel to the west was recently rezoned to 1-2 Heavy Industrial for the purpose of developing office-warehouses, self storage units, and a bulk storage yard. The view from London Bridge Road to the western fac;ade of the building on the subject site is now obscured by the development on the 1-2 zoned property. With a use now known for the site to the west of the applicant's site, a modification to the exterior materials for a portion of the western building's fac;ade is requested. The first 55 feet from the front of the building on the west fac;ade, where the main office is proposed, will remain split- face block veneer. The remainder of exterior will then transition to beige metal panels for the portion of the building that will house the self storage facility. The Planning Commission placed this item on the consent agenda because they concluded the requested modification was reasonable, staff recommended approval, and there was no opposition. . Recommendations: London Bridge Self Storage, L.L.C. Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager~~ K .~ <S02. ~ Map - J-10,11 ~,~" N~~t to Ole",l... LONDON BRIDGE SELF STORAGE, LLC Agenda Item 18 September 13, 2006 Public Hearing R-20~ ' " N~ /' "',,"-- /' --J R-20 Staff Planner: Carolyn A. K. Smith R'20 REQUEST: Modification of Conditions for an application approved by City Council on February 22, 2005. o ADDRESS I DESCRIPTION: Property located at 2120 London Bridge Road, approximately 300 feet east of Tower Bridge Loop GPINS: COUNCIL ELECTION DISTRICT: 2405414984; 2405412556 7 - PRINCESS ANNE SITE SIZE: 16.65 acres APPLICATION HISTORY: This application was deferred by the Planning Commission, at the request of the applicant, to clarify language in the conditional zoning agreement. The Conditional Rezoning from AG-1 & 2 Agricultural District to Conditional 1-1 Light Industrial District was approved by the City Council on February 22, 2005. The Conditional Rezoning has 7 proffers: SUMMARY OF REQUEST PROFFER # 1 When the property is developed, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN OF AEG LONDON BRIDGE PROPERTY, London Bridge Road, Virginia Beach, Virginia," dated 11/11/04, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). PROFFER # 2 The area of this parcel depicted as "Storage Yard" on the Concept Plan shall only be utilized for the storage of registered/operable recreational vehicles (RV), watercraft, trailers, all terrain vehicles (ATV) , motorcycles and motor vehicles. LONDON BRIDGE Agenda Item 18 , Page 1 PROFFER # 3 When the Property is developed, the exterior of the buildings depicted on the Concept Plan shall be substantially similar in architectural features, building materials and appearance to the elevations shown on the exhibit entitled, PROPOSED BUILDING ELEVATION AAAA SELF STORAGE LONDON BRIDGE ROAD," dated 11/11/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Mini-Storage Elevations"). PROFFER # 4 When the property is developed, all freestanding signs shall be no greater than eight (8) feet in height and shall be substantially similar in architectural design, appearance, and building materials as depicted on the exhibit entitled, "MONUMENT SIGN ELEVATION, AAAA SELF STORAGE," dated 11/11/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Sign Elevation"). PROFFER # 5 When the parcel designated as "1.23 AC. - Outparcel" on the Concept Plan is developed, any buildings shall be substantially similar in architecture and quality building materials to the "Office" as depicted on the Mini-Storage Elevations. Elevations for a proposed building shall be submitted to the approved by the Director of the Virginia Beach Department of Planning prior to the issuance of a building permit. PROFFER # 6 When the Property is developed, the parcels shall be subject to the following mandatory site development guidelines: a) A fifty (50) foot landscaped setback from London Bridge Road shall be maintained and no improvements, other than freestanding signs, shall be constructed within the landscape setback. b) A minimum of twenty-five (25) foot landscaped, side yard setback on the southeast side of the Property shall be maintained with Category II Landscape Screening. c) A minimum thirty foot (30) landscaped, rear yard setback on the northeast side of the Property shall be maintained and landscaped as specified on the Concept Plan. d) No building shall exceed thirty-five (35) feet in height. e) Any dumpster or other outdoor trash receptacles on the 1.23 Ac. Outparcel shall be located within fifty (50) feet of both the northern (rear) property line and the western (side) property line. Any dumpster shall be screened by a solid walled and gated enclosure with landscape screening. PROFFER # 7 The following land uses shall not be permitted on the Property unless approved by subsequent Modification of these Proffered Covenants, Restrictions and Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance: a. Airports, heliports and helistops; b. Bingo halls; c. Borrow pits; d. Car wash facilities; LOr'JEJON. BRI~GE Agenda Ite~t8 8~g'~2 e. Childcare and childcare education centers; f. Eating and drinking establishments; g. Firewood preparation facilities; h. Hotels and motels; i. Mobile home sales; j. Personal watercraft rentals; k. Public schools, colleges and universities and private schools, colleges and universities; I. Public utility transformer stations and major transmission lines and towers; m. Radio or television transmission, cellular telephone antenna and relay stations; n. Satellite wagering facility; o. Vocational, technical, industrial and trade schools. Proffer 5 regards the exterior building materials of the structures. A modification to the west fac;:ade of the storage building is requested as the adjacent parcel to the west was recently rezoned to 1-2 Heavy Industrial for the development of office-warehouse, self storage and bulk storage. When the applicant submitted the original rezoning request for the subject parcel in 2005, a use of the adjacent property to the west had not been identified other than the existing agricultural operation. In order to ensure the view from London Bridge Road represented high quality, the applicant proffered to upgrade the fac;:ade that would have been highly visible from London Bridge Road. With the industrial development to the west, the view from London Bridge Road to the western fac;:ade of the building on the subject site is obscured. Thus, the applicant is requesting a modification to the exterior materials for a portion of the western building's fac;:ade. The first 55 feet from the front of the building on the west fac;:ade, where the office is proposed, will remain split face brick veneer. The remainder of exterior will then transition to beige metal panels for the portion of the building that will house the self storage facility. The revised proffer agreement includes the following addition at the end of Proffer 3 above: "...provided, however, the said elevations by Porterfield Design Center show a combination of split faced and smoothed faced block veneer running from the point which is fifty five (55) feet from the front of the building to the rear of the building and the Grantor shall terminate the block veneer on the west side of the building at a point which is fifty-five (55') feet from the front of the building and eliminate the split faced and smooth faced block veneer on that portion of the structure which is the storage units and substituting therefore PBM corrugated, colored, treated metal panels only on the west side of the building which faces the industrial park." The City Attorney's Office has reviewed the proffer agreement May 30, 2006, and found it to be legally sufficient and in acceptable legal form. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant, agricultural field LONDONBRI@GE Agenda,lte~18 8:?g~3 SURROUNDING LAND USE AND ZONING: North: South: · Agricultural field I R-20 Residential District · London Bridge Road, vacant open space, single-family and townhouse dwellings I R-20 Residential, R-10 Residential District with a PD-H2 overlay · Single-family residential (under construction) I R-20 Residential District · Vacant, agricultural field I R-20 Residential District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant environmental features on the site. AICUZ: The site is in an AICUZ of 70-75dB Ldn surrounding NAS Oceana. The United States Navy has a perpetual restrictive easement over the property that governs the types of development permitted on the site. Warehousing, storage yards, and wholesaling are all permitted activities. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road is a four (4) lane divided suburban arterial. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume London Bridge 20,186 ADT 28,200 ADT Existing Land Use 2 - Road 320 ADT Proposed Land Use 3 - 320 ADT -,- Average Dally Trips 2 as defined by the approved mini storage and bulk storage facility 3 no change with modification WATER & SEWER: This site must connect to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the modified proffer submitted by the applicant. The modified proffer is provided below. .:' -',. -",- ',:::::':':'-':..:, '. LONDON BRIDGE Agenda Ite0l18 ", "Page.4 Comprehensive Plan: The Comprehensive Plan recognizes this parcel as within Strategic Growth Area 10. The Plan's recommendations for development within this area encourage the expansion of non-residential tax base, minimizing traffic impacts by improving the balance between residential and non-residential land uses in this area; and, encourage development that is compatible with the AICUZ district and military operations at NAS Oceana. Evaluation: The applicant desires to modify the proffer that requires certain building materials for the exterior building elevation. A modification to the west fac;ade of the storage building is requested as the adjacent parcel to the west was recently rezoned to 1-2 Heavy Industrial for the development of office-warehouse, self storage and bulk storage. When the applicant submitted the rezoning request on this site in 2005, a use of the adjacent property to the west had not been identified other than the existing agricultural operation. With a use now known for the site to the west, the applicant is requesting a modification to the exterior materials for a portion of the western building's fac;ade. The first 55 feet from the front of the building on the west fac;ade, where the office is proposed, will remain split face brick veneer. The remainder of exterior will then transition to beige metal panels for the portion of the building that will house the self storage facility. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 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".;".i::: j~~ ni ....~Q:: ~;!l ';'lI:~ f'S; ~H .,,; 4 ~ - 1> % ~ ~ NOI1VJI1ddV SNOLLI<INOJ dO NOIlVJlttIUOW DISCLOSURE ST A=tEMENl\.c, LONDON BRIDGE Agenda Itern 18 Page 11 Item #18 London Bridge Self Storage, L.L.c. Modification of Conditions 2120 London Bridge Road District 7 Princess Anne September 13,2006 CONSENT Janice Anderson: The next item on the consent agenda is agenda item 18. That is the application of London Bridge Self Storage, L.L.c. It is a Modification of Conditions on a rezoning on property located at 2120 London Bridge Road in the Princess Anne District. Welcome. Whitney Graham: Good afternoon. My name is Whitney Graham. I'm the applicant and owner of London Bridge Self Storage. I accept the conditions. Janice Anderson: Thank you Mr. Graham. Whitney Graham: Thank you. = Janice Anderson: Is there any opposition to this application? Therefore, we will have Al Henley to please review. Al Henley: Thank you. The property is located at 2120 London Bridge Road. A Conditional Rezoning from AG-l and AG-2 Agricultural District to Conditional 1-1 Light Industrial District was approved by City Council on February 22,2005. The Conditional Rezoning had seven proffers. The Comprehensive Plan designates that this parcel is within Strategic Growth 10. The Plan's encourages the expansion of non-residential, tax based uses that minimize traffic impacts by improving the balance between residential and non-residential land uses in this area. It encourages development that is compatible with the AICUZ district and military operations at NAS Oceana. Therefore, the Commission has placed this item on the consent agenda. Thank you. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion to approve the following application. It is agenda item 18. Barry Knight: There is a motion on the floor. Do I have a second? Dorothy Wood: Second. Barry Knight: There is a second by Dot Wood. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #18 London Bridge Self Storage, L.L.c. Page 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 18. Barry Knight: Thank you. = ABSENT ABSENT Map - J-10,1l M.o Not to Scole London R-20+ N / R-20 R-20 R-20 (j CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6528 DATE: September 27, 2006 TO: FROM: Leslie L. Lilley B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: London Bridge Self Storage The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 10, 2006. I have reviewed the subject proffer agreement, dated May 30, 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/als Enclosure cc: Kathleen Hassen AMENDMENT TO CORRECTED PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS LONDON BRIDGE SELF STORAGE, L.L.C., a Virginia Limited Liability Company, TO CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AMENDMENT TO AGREEMENT is made this 30th day of May, 2006, by and between LONDON BRIDGE SELF STORAGE, L.L.C., a Virginia limited liability company, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, by Deed dated January 12, 2006 The Taylor Group, L.L.L.P, a Virginia limited liability partnership, transferred fee simple title to the property to London Bridge Self Storage, L.L.C., a Virginia limited liability company, said deed being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on January 25,2006 as Instrument Number 20060125000126190. WHEREAS, neither of the Grantors which were parties to the corrected proffers above referenced, have any continuing interest in the Property; and WHEREAS, Grantor is the owner of the part of the property described in the Corrected Proffered Covenants, Restrictions and Conditions recorded December 22, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Instrument Number GPIN: 2405-41-4984-0000 PREPARED BY: INMAN & STRICKLER, PLC 575 LYNNHA VEN PARKWAY, SUITE 200 VIRGINIA BEACH, VA 23452 1 20051222002055850 (the "Corrected Proffers") containing approximately 6.996 acres on which the proposed storage facility is to be situated (hereinafter the "Property); and WHEREAS, Grantee's policy is to provide only for the orderly development of land for various pwposes through zoning and other land development legislation; and WHEREAS, the Corrected Proffers at paragraph 3 on page 3, requires the exterior of the buildings depicted on the concept plan to be substantially similar in architectural features, building and materials to the elevations shown on the exhibit prepared by Porterfield Design Center and referenced in the recorded proffers; and WHEREAS, the said elevations by Porterfield Design Center show a combination of split faced and smooth faced block veneer running from the point which is fifty five feet (55') from the front of the building to the rear of the building and the Grantor desires to terminate the block veneer on the west side of the building at a point which is fifty-five feet , (55') from the front of the building which would result in the office portion of the facility having a brick and block veneer exterior but eliminating the split faced and smooth faced block veneer on the portion of the structure which is the storage units only on the west side of the building which faces the industrial park, and substituting metal panels therefor. NOW, THEREFORE, the Grantors, their successors, personal representatives, 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 or quid pro quo for zoning, rezoning, site plan, building permit, ord 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 2 the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title and to modify said paragraph 3 by adding the following proviso at the end of said paragraph: "... provided, however, the said elevations by Porterfield Design Center show a combination of split faced and smoothed faced block veneer running from the point which is fifty five feet (55') from the front of the building to the rear of the building and the Grantor shall terminate the block veneer on the west side of the building at a point which is fifty- five feet (55') from the front of the building and eliminate the split faced and smooth faced block veneer on that portion of the structure which is the storage units and substituting therefor PBM corrugated, colored, treated metal panels only on the west side of the building which faces the industrial park." All other conditions required by the Corrected Proffered Covenants, Restrictions and Conditions recorded December 22, 2005 shall remain in full force and effect. WITNESS the following signature and seal: GRANTOR: LONDON BRIDGE SELF STORAGE, L.L.C. A Virginia limited liability company By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this l "VA day of ~"ic:;;r , 2006 by W. Whitney Graham, Managing Member of London Bridge Self Storage, L.L.C., a Virginia limited liability company, Grantor. ~~ Notary Public My Commission Expires: t)c...~ 'J( ll,S:)l)~ 3 EXHmIT A LEGAL DESCRIPTION ALL THOSE certain lots, pieces or parcels of land. with the improvements thereon and appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia and known, numbered and designated as PARCEL B-2, AREA = 304.682 SF OR 6.996 AC GPIN: 2405-51-4984, on that certain plat entitled "SUBDIVISION OF PROPERTY OF THE TAYLOR GROUP, LLLP, PARCEL B-1 INSTRUMENT #200504280063311 GPIN: 2405-42-2332" dated June 1, 2005, made by MSA, P.C. Landscape Architecture, Planning, Surveying, Engineering, Environmental Sciences, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060111000062490; reference to which said plat is made for a more particular description of said parcels, and further described as: 4 Map D-3 Mop Not to Scole ~~~~~ ~~'\-.J.~~7?... Pt"'~1:,::-'~'. '~~~~~) ~~JrBJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: T-Mobile Northeast, L.L.C. - Conditional Use Permit (Communication Tower), 5913 Shore Drive (DISTRICT 4 - SA YSIDE) MEETING DATE: October 10, 2006 . Background: Application of T-Mobile Northeast, L.L.C. for a Conditional Use Permit for a communication tower on property located at 5193 Shore Drive (GPIN 1469977720). DISTRICT 4 - BAYSIDE . Considerations: The applicant requests a Conditional Use Permit to allow the construction and operation of a wireless communication tower on the site with an existing shopping center. The tower will be behind the shopping center, on the southern portion of the site. The 125 foot tall tower will have access for up to three (3) wireless providers using flush-mounted antennas. The lease area is 50 by 25 feet, totaling 1 ,250 square feet. The tower's location is unobtrusive and will not be detrimental to surrounding properties, as it is 200 feet from the nearest dwelling. Moreover, there is an existing, dense, natural vegetative buffer along the southern, rear property line that screens the existing shopping center from the dwellings to the south, and an additional line of Leyland cypress will be installed along the southern border of the parking lot. The applicant submitted the required structural report, indicating that the proposed tower's design meets the requirements of the International Building Code, and also submitted the required Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. The Planning Commission placed this item on the consent agenda because the proposal meets the requirements of the City Zoning Ordinance pertaining to communication towers, staff recommended approval, and there was no opposition. T-Mobile Northeast, L.L.C. Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The tower shall be constructed substantially as shown on the site plans entitled "T-MOBILE NORTHEAST, LLC, #VA50495B", prepared by Atlantis Group, Inc., dated 01/21/06. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall not exceed 125 feet in height. 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown on the submitted plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4, In the event interference with any City emergency communications facilities results from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 5. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager~ L :(e W'L T-MOBILE NORTHEAST, LLC Agenda Item 3 September 13, 2006 Public Hearing Staff Planner: Carolyn AX Smith REQUEST: Conditional Use Permit for Communication Tower Map D-3 ~1"'r, Not. to S,-~ip ADDRESS! DESCRIPTION: Property located at 5193 Shore Drive. GPIN: 14699777200000 COUNCIL ELECTION DISTRICT: 4 - BA YSIDE SITE SIZE: Portion of a 7.8 acre parcel SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the construction and operation of a communication tower on the site with an existing shopping center. The tower is proposed behind the shopping center, on the southern portion of the site. The 125 foot tall tower will have access for up to three (3) wireless providers depicted as flush mounted antennas. The lease area is 50 by 25 feet, totaling 1 ,250 square feet. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping center and parking lot. SURROUNDING LAND North: . USE AND ZONING: South: . East: . . West: . Retail shops, restaurants, Shore Drive I B-2 Community Business District Single-family dwellings I R-10 Residential District Hotel / H-1 Hotel District Mini-warehouse I B-2 Community Business District Multifamily dwellings / A-18 Apartment District T -MOBILE:NORTHE-f\ST AgendaH~fp3 .P,~g.e J ,-.,.::"::' ,'"<.>-,,-,..,/,.,<::,,, "-'< NATURAL RESOURCE AND CULTURAL FEATURES: The property is within the Chesapeake Bay watershed. There are no significant environmental features on the property, as the site is almost entirely impervious. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The proposed tower has been designed to accommodate up to two (2) additional providers, for a total of three (3) antennas. The tower's location is unobtrusive, and in Staff's opinion, will not be detrimental to surrounding properties. Since the property abuts residentially zoned property to the south, of particular concern was Section 232(b)(1) of the City Zoning Ordinance that stipulates no communication tower be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower. Specially, the tower needs to be at least 156.25 feet from any residential structures. The proposal meets this test, as the tower appears to be approximately 200 feet from the nearest structure. In addition, there is an existing, dense, natural vegetative buffer along the southern, rear property line that screens the existing shopping center from the dwellings to the south. To meet the landscaping requirements for the ground equipment, the site plan depicts the installation of Leyland cypress along the southern border of the parking lot, rather than adjacent to the fence enclosure. This location was chosen for two reasons: one, an existing, rather dense buffer of evergreen and deciduous trees and shrubs currently provides, and will continue to provide, excellent screening from the existing shopping center and from the proposed tower equipment; and two, due to the presence of the existing natural buffer, removal of the asphalt to install the plant material is not warranted. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. CONDITIONS 1. The tower shall be constructed substantially as shown on the site plans entitled "T -MOBILE NORTHEAST, LLC, #VA50495B", prepared by Atlantis Group, Inc., dated 01/21/06. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall not exceed 125 feet in height. T -MOBILE,>NORTHE'A.ST , " i;Agendalt 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4. In the event interference with any City emergency communications facilities results from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 5. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 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 and Standards. 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. T-MOBILE-NORTHEAST .....Agendalt~.~3 ~~g~~ AERIAL OF SITE LOCA'110N> , T-MOBI LENORTH EAST :. 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I I ~ '- ~ ,I!JQ ~ N/f' STAPL.E:SI.IIU CHASE ' CONDOS ZONED ...-~ t.tIJ\.Q-FAt.Clly J.!PHAl T P.lRKIHe LOT o , ... .20 J: ~~ \ l~~ I~\l:l PROPOSED SITE PLAN ':',>'\ ~.,,'.'. ,-, ..' . _..> .-' ':.....- . ":'>""':-""::'" . , < " ",' . .'.','" T-MOBILE::NOHTHEAST ~gendalt' ,.. 3 IIr.t U, a'NTER OF (P~ ~ 10'l€ Ulil'lUot: H :le.~'I~ ~1tJOE: W 16'IIll' , GRtlUIO 101.1. , (I:) 'lbHSf'ORIlER # .1(;15 NOIIotll te) 1 SJarr alNC, BUlLDtt(; . LEASE AA 10 .10 JlI PROPOSED TOWER LOCATION/LEASE AREA T-MOBI LE:NORTH EAST '. Agenda Item 3 " Page 6 " 11 E~ ~: z!:J ,2 I I I I , "ll'_.... .... I , ~--.".-,"" l ~""_" I 't ' /t::----,~' ~7."'~ ~:\' "/' .' '~ ! ~ I · I 11 ~J e:~ ~~- ~I / I ..E ai ~~ ij / t '~,..l Li' , :. I. / , ~f I ~ , ~i'; , ~(. .. ( ~! . " I, ~~ ~ ~ ~ tin!:! { .' "'-.~' ....' ". .. ..,. ""', ,'0' T-MOBILE:NORTHEAST ",' Agenda Item 3 ',Pag~ 7 ~ PRDl'O$a) QlINIPOINT FW$l1 tMlUNT PANtI. _"- J S(I;l(IlS 1 AM'IElltloOS ptlt SlOR. 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I I Item #3 T -Mobile Northeast, L.L.c. Conditional Use Permit 5193 Shore Drive District 4 Bayside September 13,2006 CONSENT Barry Knight: The next order of business will be the consent items. The Vice Chair will handle this portion of the agenda. Janice Anderson: Thank you Chairman. This morning there are 11 items on our consent agenda. The first one is agenda item 3. It is an application ofT-Mobile Northeast, L.L.c. It is for a Conditional Use Permit for a communication tower located on property at 5193 Shore Drive in the Bayside District. Mr. Gambrell? Bill Gambrell: Ms. Anderson and members of the Planning Commission. My name is Bill Gambrell. I'm a local land planner and I represent the applicant. We have reviewed the conditions, and they are acceptable. = Janice Anderson: Okay. There are five conditions. Bill Gambrell: Yes ma' am. Thank you. Janice Anderson: Thank you. Is there any objection to this item being placed on the consent agenda? Therefore, Mr. Ron Ripley will review this application for us. Ronald Ripley: Thank you. This particular application was recommended for approval by Planning staff. It is a communication tower that is sited behind the shopping center off of Shore Drive near the intersection of Independence Boulevard. It seemed it met the test as far as being generally unobtrusive, we believe. We like to see the cell towers kind of hidden in the landscaping. This seemed to be an appropriate place for a cell tower. It met all the zoning ordinances regarding to cell towers being adjacent to residential districts. It also had a reasonably good natural buffer around it at the moment, and additional buffering will be added; so, we felt it was a good item for consent. Janice Anderson: Thank you. Mr. Chairman, I have a motion to approve the following application. It is agenda item 3. Barry Knight: There is a motion on the floor. Do I have a second? Dorothy Wood: Second. Item #3 T-Mobile Northeast, L.L.c. Page 2 Barry Knight: There is a second by Dot Wood. I'll call for the question. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 3. = ~fi% ""'~~'J,;~ ::';%" " it' 'Z1 ~...~:....;~J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7-Eleven, Inc. - Conditional Use Permit (fuel sales in conjunction with a convenience store), 2105 Salem Road (DISTRICT 1 - CENTERVILLE) MEETING DATE: October 10, 2006 . Background: Application of 7-Eleven, Inc. for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 2105 Salem Road (GPIN 1474879770 - portion of). DISTRICT 1 - CENTERVILLE . Considerations: The applicant requests a Conditional Use Permit to allow redevelopment of former 7 -Eleven site with a 2,800 square foot convenience store and six (6) gasoline dispensers. The site plan depicts access to and from the site from both Salem Road and Elbow Road. The convenience store and canopied gas dispensers are centered within the site with the front fa<;ade facing Elbow Road. The landscape plan for the project depicts a landscape strip to be planted along both roadways. Additional plantings will be provided within the parking area, around the building and at the western boundary of the site. The primary exterior building material is brick. In the past, this site was a 7 -Eleven convenience store, but it did not have fuel service. After 7-11 vacated the site, the building has had various commercial businesses occupying it over the years, continuing the commercial use of the site. The current proposal for a 7-Eleven with fuel sales would continue that trend, maintaining an established land use of similar character. The proposal is in conformance with the Comprehensive Plan's policies regarding commercial uses in the Primary Residential Area, and the building and site design represent a quality redevelopment of the site. The Planning Commission placed this item on the consent agenda because the proposed use is in conformance with the Comprehensive Plan's policies regarding commercial uses in the Primary Residential Area, the staff recommended approval, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 7-Eleven, Inc. Page 2 of 3 1. The site shall be developed in substantial accordance with the site plan entitled "7 -Eleven Corporation Convenience Store with Gas, Preliminary Site Plan, intersection of Salem Road and Elbow Road" dated June 29,2006 and prepared by Blakeway Corp. A copy of this site plan has been exhibited to Virginia Beach City Council and is on file in the Planning Department. 2. The building and canopy shall be developed in substantial accordance with the architectural elevations entitled "7 -Eleven Convenience Store with Gas" dated September 15, 2004 and prepared by URS. A copy of the elevations has been exhibited to Virginia Beach City Council and is on file in the Planning Department. 3. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. 4. Windows shall not be tinted, thus allowing for surveillance opportunities both from within and from outside the building. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 5. Signage on the site is limited to the building sign, the canopy signage as depicted on the elevation, and one free-standing monument style sign with a brick base matching the brick color of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on the canopy supports, on lighting poles, or any other portion of the site. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 8. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. Canopy lighting shall consist of flush mounted fixtures on the ceiling of the canopy. All lighting shall 7-Eleven, Inc. Page 3 of 3 be directed inward and downward within the site so as to eliminate glare onto a adjacent properties and rights-of-ways. 9. A bike rack shall be provided on-site. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ CitYManager~ Y-.~ 7 ELEVEN, INC. Agenda Item 9 September 13, 2006 Public Hearing Map 1"-11 y<>~ ^,-:l\ tc:> 50;;:.;>1-: Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for automobile service station (retail fuel sales) with a convenience store. Professional ADDRESS I DESCRIPTION: Property located on the northern portion of 2105 Salem Road at the intersection of Elbow Road. GPIN: 14748797700000 - portion of COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 1.29 acres of a 2.915 acres site The applicant requests a Conditional Use Permit to allow redevelopment of the site for a 2,800 square foot convenience store and six (6) gasoline dispensers. The proposed development is the northern portion of a larger parcel. The site plan depicts access to and from the site from both Salem Road and Elbow Road. The convenience store and canopied gas dispensers are centered within the site with the front fayade facing Elbow Road. The landscape plan for the project depicts a landscape strip to be planted along both roadways. Additional plantings will be provided within the parking areas, around the building and at the western boundary of the site. The primary exterior building material is brick. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Catering business SURROUNDING LAND USE AND ZONING: North: . Across Elbow Road is a convenience store and gas pumps / B- 2 Community Business District . Single-family dwelling I B-2 Community Business District . Across Salem Road is a church / B-2 Community Business District . Multi-family dwellings / PD-H2 Planned Development (R-50 Residential District) . Single-family dwellings I R-15 Residential South: East: West: , 7 - ELEVEN , , Agenda Item 9, Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site has a vacant 7-11 building and the associated paved parking area. There are no known significant natural resource or cultural features 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): Elbow Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four-lane divided facility within a 125-foot right-of-way. A Capital Improvement Program project is slated for this area (CIP No. 2-152). The project proposes the improvement of Elbow Road from Indian River Road to Dam Neck Road, creating a four-lane divided facility with sidewalk, multi-use path, landscape, and aesthetic features. Construction is scheduled between 8/2012 and 12/2014. Salem Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four-lane divided facility within a 150-foot right-ot-way. Salem Road is included within the Capital Improvement Program (CIP) on the "Requested But Not Funded" project listing. This CIP project is for the construction of a 4-lane divided roadway from Elbow Road to North Landing Road. It will include landscaping, aesthetic enhancements, multi-use paths, and bike lanes. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Elbow Road 6,785 AOT ' 13,600 ADT 1 (Level of Existing Land Use <!.- Service "C") 32 ADT 15,000 ADT 1 (Level of 5 peak hour vehicles Service "0") 1 Capacity (entering lexiting) Salem Road 4,891 ADT 13,600 ADT 1 (Level of Proposed Land Use 3 - Service "C") 6,511 ADT 15,000 ADT 1 (Level ot 115 peak hour vehicles ( entering) Service "0") 1 Capacity 115 peak hour vehicles ( exitinq) Average Dally Tnps 2 as defined by catering business 3 as defined by convenience mart wi gas pumps · The developer will be required to provide right-of-way consistent with the Master Transportation Plan and Capital Improvement Program during detailed site plan review. · A right-turn lane, designed in accordance with the City ot Virginia Beach Public Works Manual, will be required tor the Salem Road entrance. · According to the Public Works Manual, the entrance on Elbow Road must be located at least 50 teet away from end ot taper within the right-turn lane. Therefore, during detailed site plan review, the entrance will have to be moved to the east or the right-turn lane will have to be extended to meet this standard. · Staff will require sidewalks along Elbow Road and Salem Road to meet the potential dem(3,nds'of ..,.., . . 7 - ELEVEN 'Agenda Item 9 ,Pag~ 2 pedestrian traffic to this site. WATER: This site has an existing 5/8-inch water meter (Meter #95057995) which may be upgraded. There is a 16-inch City water main on Salem Road fronting the site. There is a 12-inch City water main on Elbow Road fronting the site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #566 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 on Salem Road. There is an 8-inch City force main on Salem Road. There is an 8-inch City gravity main on Elbow Road. There is an 8-inch City force main on Elbow Road. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The site is located in the Primary Residential Area. The Comprehensive Plan notes that "limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities," (pg. 91). Evaluation: In the past, this site was a 7 - Eleven convenience store, but it did not have fuel service. After 7-11 vacated the site, the building has had various commercial businesses occupying it over the years, continuing the commercial use of the site. The current proposal for a 7 - Eleven with fuel sales would continue that trend, maintaining an established land use of similar character. The proposal is in conformance with the Comprehensive Plan's policies regarding commercial uses in the Primary Residential Area, and the building and site design represent a quality redevelopment of the site. Staff, therefore, supports this request subject to the conditions below. CONDITIONS 1. The site shall be developed in substantial accordance with the site plan entitled "7 -Eleven Corporation Convenience Store with Gas, Preliminary Site Plan, intersection of Salem Road and Elbow Road" dated June 29, 2006 and prepared by Blakeway Corp. A copy of this site plan has been exhibited to Virginia Beach City Council and is on file in the Planning Department. 2. The building and canopy shall be developed in substantial accordance with the architectural elevations entitled "7-Eleven Convenience Store with Gas" dated September 15, 2004 and prepared by URS. A copy of the elevations has been exhibited to Virginia Beach City Council and is on file in the Planning Department. 3. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. 4. Windows shall not be tinted, thus allowing for surveillance opportunities both from within and from outside the building. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 5. Signage on the site is limited to the building sign, the canopy signage as depicted on the elevation, and one free-standing monument style sign with a brick base matching the brick color of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on the canopy supports, on lighting poles, or any other portion of the site. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 8. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. Canopy lighting shall consist of flush mounted fixtures on the ceiling of the canopy. All lighting shall be directed inward and downward within the site so as to eliminate glare onto a adjacent properties and rights-of-ways. 9. A bike rack shall be provided on-site. 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 and Standards. 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. 7 - ELEYEN Agenda Item 9 Pag~ 4 AERIAL OF SITE LOCA'tION' ,.. 7 - ELEVEN . .. . . ~ Agenda Item 9 . Pag~ 5 ,c. 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"'--_." ~lO>~ ._.,.,.~.,,,,_ .-_..l__..,.."....>_.,._."."'...,_'''~ '_''<; PROPOSED SIJEPLAN '.. 7 - ELEVEN '. Agenda Item 9 "Page 6 .,..-" "".," ."..,,., I I I ~ ! ~ ~ ~ I p) PROPOSED BUILDING ELEVATION '., 7 - ELEVEN , Agenda It.em 9 Page 7 CUP for Automobile SCNicE' Station with Conjunction with a Convenience Store 1 09/09/03 Conditional Rezoning from PO-H1 to R-50w/ PO -H2 overlay Granted 2 07/13/99 Conditional Rezonina from R-50 & R-15 to R-7.5 Granted 3 03/23/93 Conditional Use Permit (Church) Granted 4 09/24/91 Conditional Use Permit (Auto service & Convenience store) Granted ZONING HISTORY ,.,..,~..,-,.<,v....,''c< -UA; OJ - ",-.,2 ., '" E:.$ ..c:?t; ~.~Qj 3:1O's/ 01 .'0 -g "~ ., .. ~a;tA ~ ~~~ 1002: 12 Q. 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Q; .. > <:> '2 sa ~ Item #9 7-Eleven, Inc. Conditional Use Permit 2105 Salem Road District 1 Centerville September 13,2006 CONSENT Janice Anderson: The next item is agenda item 9. It is an application of7-Eleven, Inc. for a Conditional Use Permit for fuel sales in conjunction with a convenience store, located on property at 2105 Salem Road in the Centerville District. Thank you. We1come. Jean Mumm: Good afternoon. I'm Jean Mumm, a local Norfolk attorney representing the applicant 7-Eleven. We are aware of the nine conditions and find them acceptable. Thank you. Janice Anderson: Thank you. Is there any objection to this application being placed on the consent agenda? We will have Jay Bernas review this application for us. = Jay Bernas: This application is for a Conditional Use Permit in the Centerville District located at the intersection of Salem Road and Elbow Road. The proposal is a 2,800 square foot 7-Eleven with six gasoline dispensers. It is currently a catering operation, but it actually used to be a 7-Eleven. The only difference now is that it will now incorporate fuel sales. The applicant has worked with staff, particularly Public Works, on some of the public works related issues. We feel that this is worthy of being on the consent agenda. The Commission would like to recommend this for approval. Janice Anderson: Thank you Mr. Bernas. Mr. Chairman, I have a motion to approve the following application. It is agenda item 9. Barry Knight: There is a motion on the floor. Do I have a second? Dorothy Wood: Second. Barry Knight: There is a second by Dot Wood. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item #9 7-Eleven, Inc. Page 2 KA TSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 9. - ~ ABSENT ABSENT Map B-7 Mop Not to Scole I 1 1 ~ I 1 , ~ BJ....v.l1"lUvo,J J.... - B ~..3 A [5] Dl5 CUP for Multi-Family 1~~ ~'~1" S":f.i, [;P~ <t,. .--...r;'-1.~) (~I .. V) eo S, <. ~ \-==- ff.;; \~~;.~~. .....t';~~ ~\.~.=.... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Town Center Associates 6, L.L.C. - Conditional Use Permit (multi-family dwellings), southwest intersection of Market Street and Bank Street (DISTRICT 5- L YNNHA VEN) MEETING DATE: October 10,2006 . Background: Application of Town Center Associates 6, L.L.C. for a Conditional Use Permit for multi-family dwellings on property located at the southwest intersection of Market Street and Bank Street (GPIN 1477446890 - part of). DISTRICT 5- L YNNHAVEN . Considerations: The applicant requests a Conditional Use Permit to allow development of the site, zoned B-3A Pembroke Central Business Core District, for a mixed-use building containing 60 loft-style multi-family dwellings. The proposed building will occupy the eastern portion of Block 6 within the Town Center project area. Currently, the western portion of the site is being developed with the Sandler Center for the Performing Arts. The proposed building design is contemporary, complementing the existing buildings in Town Center. The proposed building is five (5) stories in height. Retail and restaurant uses will occupy the first floor and the lofts will occupy the second through fifth floors. Parking for the building will be on Block 7 in the Westin Hotel parking garage located at the corner of Independence Boulevard and Columbus Street. The purpose of the B-3A Pembroke Central Business Core District is to optimize the area's development potential for a mixed use, pedestrian-oriented urban activity center with mid- to high-rise structures that contain numerous types of uses including businesses, retail, residential, cultural, educational, and other public and private uses. Introduction of this mixed-use building consisting of commercial uses and multiple-family dwellings will contribute to the achievement of the vision of the Comprehensive Plan and the Central Business District Master Plan to develop an urban center that has a mix of complementary uses. The Planning Commission placed this item on the consent agenda because they felt that the use is complementary to the development of Town Center, staff recommended approval, and there was no opposition. Town Center Associates 6, L.L.C. Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. There shall be no more than 60 multi-family dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings titled "Town Center of Virginian Beach Town Center Lofts", prepared by CMSS Architects, PC. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public right of ways. The screening shall include solid walls that complement the structure. . 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- ~l>>'t.. ~ TOWN CENTER ASSOCIATES 6, L.L.C. Agenda Item 11 September 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for multi-family dwellings ADDRESS I DESCRIPTION: Town Center, the eastern portion of Block 6E, bounded by Bank Street to the north and Market Street to the east. GPIN: Part of 14774468900000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 15,246 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for 60 loft style multi-family dwellings. The proposed building will occupy the eastern portion of Block 6 within the Town Center project area. Currently the western portion of the site is being developed with The Sandler Center for the Performing Arts. The proposed building design is contemporary, complementing the existing buildings in Town Center. The proposed building is five (5) stories in height with retail uses occupying the first floor and the lofts occupying floors two (2) through five (5). Parking for the building will be met on Block 7 in the Westin Hotel parking garage located at the corner of Independence Boulevard and Columbus Street. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is currently being used as a staging area for the development of The Sandler Center for the Performing Arts. SURROUNDING LAND USE AND ZONING: North: South: East: . Bank Street · The Sandler Center for the Performing Arts (under construction) / B-3A . Market Street ~"., ." TOWN CENTER ASSOqJATESj6,L.~.C. . ~genda Ite",.,m,..",..".."..,....,.,.,.,'...' 11 ,. 'g,<:ig~1 West: . The SandlerCenter for the Performing Arts (under construction) / B-3A NATURAL RESOURCE AND CULTURAL FEATURES: The site is currently being used as a staging area for the on-going development of Town Center. There are no known significant natural resource or cultural features 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): There are no improvements programmed in the CIP for Virginia Beach Boulevard, Independence Boulevard, Columbus Street, or the local streets around and within this development. However, the City has begun a comprehensive transportation study for the Pembroke area, and this study may result in recommendations for short and long term improvements to these roadways. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 43,357 ADT 56,240 ADT Existing Land Use :< - 0 Boulevard ADT Independence 60,132 ADT 56,240 ADT Proposed Land Use 3 - Boulevard 1 ,353 ADT Columbus Street 15,382 ADT 22,800 ADT Average Dally Tnps 2 vacant parcel 3 as defined by a 9,000 square foot restaurant, 6.000 square feet of retail space, and 60 multi-family units WATER: This site must connect to City water. There are 1 O-inch City water lines along Bank Street, Market Street and Commerce Street. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 359 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are a-inch City gravity sanitary sewer lines along Bank Street, Market Street and Commerce Street. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Thalia Elementary 677 727 3 3 Independence Middle 1,413 1,307 1.2 1.2 Princess Anne Hiah 2.110 1,670 2.1 2.1 TOWN CENTER ASSOql~l'ES6, b.l.C. ~9$ndalte;~t1 "B~ne2 ,..::'::""--,,,:::3::'::'0:'''''':'\-' 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). Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as the Pembroke Strategic Growth Area 4. This Strategic Growth Area is comprised of three sub-areas including the Town Center, West Pembroke Area and Bonney Road West Corridor. The Virginia Beach Central Business District Master Plan, adopted as part of the Comprehensive Plan, lists one of several goals for the plan is to encourage a mix of uses that ideally create a 'city center that never closes.' The submitted proposal is consistent with the vision of the Comprehensive Plan and the Central Business District Master Plan to blend multiple land use activities into a reinforcing whole. Evaluation: The purpose of the B-3A Pembroke Central Business Core District is to optimize the area's development potential for a mixed use, pedestrian-oriented urban activity center with mid- to high-rise structures that contain numerous types of uses including businesses, retail, residential, cultural, educational, and other public and private uses. The district is intended to comprise publicly accessible community open space areas that are reflective of the concepts identified in the Comprehensive Plan and the Pembroke Central Business District Master Plan. Introduction of this mixed-use building comprising retail and multiple-family dwellings will achieve part of the vision of the Comprehensive Plan and the Central Business District Master Plan to develop an urban center that is a mix of complementary uses. CONDITIONS 1. There shall be no more than 60 multi-family dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings titled "Town Center of Virginian Beach Town Center Lofts", prepared by CMSS Architects, PC. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public right of ways. The screening shall include solid walls that complement the structure. 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 and Standards. 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. TOWN CENTER ASSOQIATES6, La_.C. Agenda It~rl\1it 1 R~g~~ AERIAL OF SITE LOCATION'<, "",' ", TOWN CENTER Assoqr~l-ES!6,~.L.C. Aggndaltemt1 4- ',--:--:..'"".:;( :";. ~ fl-' II qq,l - I'" ~! :;; ii H ~ >- ~~ g =>w Cl. 1: 1~ I 11 !Il - I <{ <>: 21 ~=O~ h"~ , ~i o~ ...... jl' 0 ()~ZD ~~ ~~ 1e Ow<Z ~I!j .1 ...... tio:: 8 ~:o 0::0 wZ ...J > <{:z: , I_A Ii --' _U' !;I1 ~~!i ~ .4 -.au I ;!I,~ I ~ 11 ~~ 'jl!!; ~ II IIIII!!~ ; ~~. ~ j1 LOCATION OF PROPOSED BUILDING ii -1Lo__, ._.r~ " i! o I: 0 o ~i ~ i+$" O :i, il o i: II 'I o :1 O II !i 'I o il O 'I 'I ,!f.,..-' o i~ ~ ' o ~I ~ o ! I ~ o I: ~ O ;1 co iJ o ;1 ~d o o o o o o o [J o , ,.----- 0 r< C o i \ It , \-"---,..__.____l,____.__~:~.~__;~-~.;;_~--~-;_;.-~~,~~:-;-~-~'t.---__'~"M-''-"-"---.....~.:-=.'''o.==-=J,,,,,=:=..~=:-:.:----- SITE PLAN ".,<, ,- TOWN CENTER ASSOC1ATES ;6, .LJ....C. Ag~nda Ite~>11 8:Eig~5 MIXED-USE BUILDING WITH LOFTS PROPOSED BUILDING ELEVATION;' " '< ., .."., TOWN CENTER ASSOQIATES6,~~~,C, Agt3ndaJ.te~t1 , ,.8~~E:}cf3 Map E-7 Mop Not to Scole g[~ BEACH- BLVD. or----- .JT. 0" B -0.3 A [5] - 3 007 o CUP for Multi-Family 1. 9/24/02 Conditional Use Permit (Multi-family - 342 units) Approved 3/11/03 Street Closure A roved 2. 3/9/04 Rezoning (B-3 Central Business District to B-3A Pembroke Approved Central Business Core District) 6/28/05 Conditional Use Permit Multi-famil - 120 units A roved 3. 2/8/00 Rezoning (B-3 Central Business District to B-3A Pembroke Approved Central Business Core District 4. 10/10/00 Rezoning (B-3 Central Business District to B-3A Pembroke Approved Central Business Core District ZONING HISTORY ,[,., TOWN CENTER ASSOGIATES;6, Lite. .Agendalte.~,1,.1 . ,.. .,., .;/e~gl37 l- Z ILl ~ ILl !;c t; ILl !t :J {I) 9 (J {I) a 'tSe "':0 Co._ "'<'> ~:s .J:.::2c 'i;j' 8o-g __ en c ~i ." ~'>.~ <1>0;:: :'iI Q. <l> >Q)fh 10 2:5 g> w'::-o"" <<=_c: ::I~al::l 10<>""8 9 j~ ": (J4J-fD !!a=g~ ~5:g~ < : g-~ ~~'6~ E~2~_ C',iigc:~ C'" '-- "" .. <~:g.;= ~i'l ~ .9lS)DC= OQ.V)~ !e.ec;; c Q..!!= 8i;l'fi c:-;;-.e ~~!S. ~iono; 'Ej ;.~.~ ;;:5C:C: ::i.E IUl (ijqs "'5 0::0 "'J: ~a; >'" ..- <t1 ::E u< 0.: ., ll. <""j en' :;~ <: '"g c.>.. 0.:'5 -J: ~<"'= . 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S g > "0 ?;> v ..-:- TOWN CENTER ASSOQIh\TES!6, L.;il'C, AgemjaJtem.11 , Raae8 ::/""""":'~"""'~'" City of Vir!!inia Beach Development Authority - List of Members C. Maxwell Bartholomew, Jr. District Manager Dominion Virginia Power 4901 Princess Anne Road Virginia Beach. Virginia 23462 671-3401 (Business) 671-3471 (FAX) Robert G. Jones Jones \\lalker & Clements, PC 128 South Lynnhaven Road Virginia Beach, Virginia 23452 486-0333 (Business) 340-8583 (FAX) Dan H. Brockwell 3755 Dupont Circle Virginia Beach, Virginia 23455 460-5091 Page G. Lea Capes Capital Management, Inc. 300 West Freemason Street Norfolk, Virginia 23510 622-8514 (Business) 622-8441 (FAX) Teresa H. Carrington Wachovia Bank 125 Independence Boulevard Virginia Beach, Virginia 23462 640-5028 (Business) 640-5025 (FAX) Paul V. Michels Coastal Training Technologies Corp. 500 Studio Drive Virginia Beach, Virginia 23452 498-9014 x 3100 (Business) 631-4301 (FAX) Douglas D. Ellis Ellis Gibson Development Group 1 081 19th Street Suite 203 Virginia Beach, Virginia 23451 497-7700 (Business) 497-2943 (FAX) Jerrold L. Miller 1242 N. Inlynnview Road Virginia Beach, Virginia 23454 393..1471 (Business) 397-8535 (FAX) Robert F. Hagans, Jr. 1065 Fairlawn Avenue Virginia Beach, Virginia 23455 627-8284 (Business) 627 -7858 (FAX.) Elizabeth A. Twohy Capital Concrete, Inc. 400 Stapleton Street Norfolk, Virginia 23504 627-0630 (Business) 627-3927 (FAX) Donald V. Jellig Sentara Enterprises 6015 Poplar Hall Drive Suite 300 Norfolk, Virginia 23502 455-7755 (Business) 455-7756 (FAX) DISCLOSU RE ST AJEJ'JIE:N"J"'\., . ':......" ,,:,' ...:- . .,,' ; '.-.",:.>: TOWN CENTER ASSOCIA.T,/,...,',ES ,.,.,6, L,..,..,.,~.,'....'..,., C. Ag~ndaJt~:11, ..~~g~9 Item #11 Town Center Associates 6, L.L.c. Conditional Use Permit Southwest intersection of Market Street and Bank Street District 5 Lynnhaven September 13,2006 CONSENT Janice Anderson: The next item is agenda item 11. It is the application of Town Center Associates 6, L.L.c. It is a Conditional Use Permit for multi-family dwellings on property located at the intersection of Market Street and Bank Street in the Lynnhaven District. Mike Nuckols: Good afternoon. My name is Mike Nuckols, a Virginia Beach attorney representing the applicant. The applicant has read and accepts the three conditions that are recommended. Janice Anderson: Thank you. Is there any objection to this application? Ms. Wood, will please review. = Dorothy Wood: Thank you. The applicant requests a Conditional Use Permit to allow the development of 60 multi-family dwellings above a restaurant and retail space, which is next to our wonderful new Sandler Performing Art Center. This morning, Mr. Mark Warner spoke to us from Economic Development, and he has assured us that we will have enough parking here for everyone, even though our Sandler Center will have probably 1,200 people a night for at least 360 nights a year. Because of this, we think it is a wonderful addition to Town Center. This building will generate approximately $200,000 in additional taxes, which is always welcome. So we recommend approval. Janice Anderson: Thank you Ms. Wood. Mr. Chairman, I have a motion to approve the following application. It is agenda item 11. Barry Knight: There is a motion on the floor. Do I have a second? Dorothy Wood: Second. Barry Knight: There is a second by Dot Wood. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE Item #11 Town Center Associates 6, L.L.C. Page 2 HENLEY AYE KATSIAS KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 11. = ABSENT ABSENT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Rev. James C. Griffin, St. Mark Catholic Church - Conditional Use Permit (columbarium), 1505 Kempsville Road (DISTRICT 1 - CENTERVILLE) MEETING DATE: October 10, 2006 . Background: Application of Rev. James C. Griffin, St. Mark Catholic Church for a Conditional Use Permit for a columbarium on property located at 1505 Kempsville Road (GPIN 1465264703). DISTRICT 1 - CENTERVILLE . Considerations: The applicant requests a Conditional Use Permit to allow for the construction of a columbarium adjacent to the east side of the existing church building. The columbarium is intended for the internment of the cremains of deceased parishioners. The columbarium will be designed as an open garden with walkways, benches, and landscaping. The first phase will include 200 spaces, and the second phase will include an additional 200 spaces. Each columbarium wall will have space for 50 spaces. Low impact lighting is proposed within the columbarium area. The design of the brick columbarium walls will mimic the building material of the existing church, consisting of brown face brick with a ceramic tile band accent. The walls will be five (5) feet, four (4) inches tall and nine (9) feet, four (4) inches long (5'-4" x 9'-4"). The proposed columbarium is appropriately sited on the parcel and designed to blend with the existing church in the most unobtrusive way possible. A number of locations around the property were considered for the columbarium; it was determined the subject location provides the best access to the church, the best access for visitors, and the lowest potential for vandalism. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: St. Mark Catholic Church Page 2 of 2 1. The development of the columbarium shall substantially conform to the submitted "St. Mark Catholic Church - Columbarium, Phase 1 Site Plan and Phase 2 Site Plan" prepared by Ivy Architectural Innovations. Said plans have been exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. 2. The location of the columbarium shall be adjacent to the church as depicted in the "Overall Site Plan for Saint Mark's Catholic Church, Virginia Beach, Virginia", prepared by Ivy Architectural Innovations and dated June 16, 2006. 3. Grading and drainage plans for the columbarium and the drainage area shall be submitted to and approved by the Development Service Center prior to development. . 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: ~ It-. ~cM- ST. MARK CATHOLIC CHURCH Agenda Item 20 September 13, 2006 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a columbarium. ADDRESS I DESCRIPTION: Property located at 1505 Kempsville Road (St. Mark Catholic Church) GPIN: 14652647030000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 103,982 square feet APPLICATION HISTORY: This request was deferred by the Planning Commission at the August 9, 2006 meeting to allow the applicant an opportunity to meet with residents in the surrounding community. The applicant held a meeting on August 22, 2006 to discuss the proposal with residents and members of the neighborhood Civic League. The applicant's representative has indicated that the majority of concerns raised by residents who attended the meeting have been alleviated. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a columbarium. The applicant intends to construct a columbarium for cremains of deceased Parishioners on the east side of the existing building. The columbarium will be designed as an open garden with walkways, benches, and landscaping. The first phase will include space for 200 units, and the second phase will include space for an additional 200 units. Each columbarium wall will have space for 50 units. Low impact lighting is proposed within the columbarium area. The design of the brick columbarium walls will mimic the building material of the existing church. The walls are five (5) feet, four (4) inches tall and nine (9) feet, four (4) inches long (5'-4" x 9'-4"). The walls consist of brown face brick with a ceramic tile band accent. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church with parking lot :',.....'::..."--,:::.)._':,., --'. ST. MARK CATHOUC CHURCH Agenda Itern 20 Pa~,1 SURROUNDING LAND USE AND ZONING: North: . Lake James Drive · Single-family dwellings / R- 5D & R-10(OP) Residential District · Kempsville Road · Single-family dwellings / R-7.5 Residential District · Daycare / R-7.5 Residential District · Funeral Home / 0-1 Office District · Attached dwellings / A-12 Apartment District · Single-family dwellings / R- 5D Residential District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: A grass field is located on the north quarter of the site. AICUZ: The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There is no significant impact on City services. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions below. The proposed columbarium is appropriately sited on the parcel and designed to blend with the existing church. The use is also compatible with the adjacent residential neighborhood as well as the business areas. CONDITIONS 1. The development of the columbarium shall substantially conform to the submitted "St. Mark Catholic Church - Columbarium, Phase 1 Site Plan and Phase 2 Site Plan" prepared by Ivy Architectural Innovations. Said plans have been exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. 2. The location of the columbarium shall be adjacent to the church as depicted in the "Overall Site Plan for Saint Mark's Catholic Church, Virginia Beach, Virginia", prepared by Ivy Architectural Innovations and dated June 16, 2006. 3. Grading and drainage plans for the columbarium and the drainage area shall be submitted to and approved by the Development Service Center prior to development. ST. MARK CATHQLICCHU~CH A,... "9,., e. nda.ltem"",,','.. .""",..",.20 F?~g~2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Plans submitted with this use permit application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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 (CPT ED) concepts and strategies as they pertain to this site. 81. MARK CATH0UCCHUBCH Ag~nda ,Iteffi)20 . 'eClg~3 AERIAL OF SITE LOG'Al'IC>N:" ST. MARK CATHGLIC CHU~CH Agendalte~F20 R~g@~ Will.~) 31M 0""""""" KEMPSVIlLE ~ ~ ~ -. [')'01 ~~~ ~~~ 3"" ~:~ ~ iU- /~; g~~ ~&: . ~o. ~.~ .~. ~~: b, n ~;~ ~ ~:2 !E:: ! ' V . " Ii;; :1" o - n ! <~ ~i"' ."~; ~~"': O(w~~r "1lD~=:'"'__ / '~ +'" / W ...J <( () I (f) i " u ::r:: .~ 0.. ~ <( 0::: , c:> $i:~ ~l '-. ~.9 co o o '" cD ILl :s ~o ~ w ..r:: () :s ..r:: U.!'!l o g.5, LLO~ c::5> a3 a3 - a::U'5 CD,Sna3 ......lI::CD UiCiiID =:i!:.!'!l !! C .5 g!'a;.~ Ow> "","'.,.."","":':'\ PROPOSED SrtEPI...AN" ST. MARK CATHGUCCHURCH Ag~nda.lterm20 , Rag~5 'J '~ ( I: ; I i 11 i i 9'-:;'" ._..._..__.~~_._" \ ':'-9'- I -~~~ ~~T~T:~'SW~!:L C~~S~C~W~;;~A;~~ ~~~~~~l B6~E~it~~~L~N~C~~.~~~~r .~;I~H'TtNG. ! TREES. MONUMENTS. ETC. WILL HAVE fOCUSED 1='JXTURES.. 'THE: lLLLJM1NATl(:N W!'..L SE IN ACCORDANCE: WITH THE !LLlJMIN4.TINGE~~GII..f..E'.RSS0C:IETY RECCM"lE.:NDATIONS AND WH..L GENERALLY Bt: 0.5 rOOT-C..;NCU:S OR LE':~5 ~/8M "" j',-O'. SITE PLAN Saint Mark's Catholic Church - Columbarium Virginia Beach, Virginia \~ PROPOSED~I"fE;P~AN> ST. MARK CATHOLICCHUBCH Agenda Ite~20 8a~~6 "'::: -::.) " ~ ~ ;: ,F 3 '-.-0 ~ ~ 0- ~a =!0J .=~ i ;.; .<:>- == 3]] " " ~ _e ~ ~ :~ 'i .::: ~ ),,~ /1 \j fl ~ ~ ~ I:; 1"0 ;; ;: :54: ~~ <e.: ~c ~~g ~:l ",d '''- <.: ~ ,. " ~ ~ ':::0 ~~ 1:0 i-- ,,. E ~ 0" -0 ~S- ':)0.. ~ s: ~~ .s: Ii. f ~ >. ~f:g !~~ ;.>....:: "^': ~ ~C\:::. r.:~~ ~. :: ? ;: ;:"",,' .-, PROPOSED SrtEPt..A:N ST. MARK CATH0L1CCHUSCH A,.genda ,lterJt(,20 . . ,,,.',.'. 8~g~7 1"" :=\" 1'-4" 6'_8" " ' 0 L -L , -4': I r r- -1 , .'1,- I ~ 1 I uJ I ! -'ir I j 9'-4" ! L ~ 0 I 9'-4" 1 f " ~ uJ I I , ' I I ELEVATIONS 1/2" ;: 1 '-0" PROPOSED ELElJ~TION"."." ST. MARK CATH..G,.~LICCHUH..,....CH Agenda.lt~m20 R'~9~8 Map C-IO Mop Not to Scole Catholic Church ;;';) 1 11/15/82 02/23/81 03/09/64 06/05/78 Granted Granted Granted Granted Use Permit (church) Use Permit (church) Use Permit Hanna Garden Center Inc. Conditional Use Permit borrow it 2 ZONING .M.ISTORV.. ST. MARK CA THOUCCHURCH Agendaltet]!20 , ...,B?g~S 1';' ~ <11:.~ 0.':::: E~ .c{j"E ~,.j' ~'O~ ~~: 'Sl~,~ c;l ;e- ~ ~o..~ U)~~g> W_o= a::~-c: -=>>~iJ~ ~o::::", ...l ~~ ": oC::otn !e=c:l'$ ~~EI ~ :l1?-== 0.... "'- 0; - ~nl'~ a-i1!~~ Q ..5 -;;"". ~ <:15!!~; 0 ~~~! 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It:... ~o ~ ~ O~.... ~ ''"'''it <<~85:J) Il.t",~;\!.E ~.!L!l\ i ~ ~ea;~_~s ~~~i€ ~o"o..n ~ "'l!< ~ ': -j~t)~ {1e~=~ a:8';~ ~"'E-'b U= g~ v ~ '" 0: 1 ; I I I 'i\ ! ...., I .91 , ... >:; I ~ ~ I .~e ! (C: Qo ~ '5 <: , '~':: I a~ ~ ~iN '5 i~ ~-~ ~..;.; ~~ Q-~ "::::0.. "" ~Q. :5e> (.\l::S ~cfj ~'j iB- .5~ ~.g ~" >;'0 3'21 N L__ 1ti II> <lo' t; ..~ .a E .;: ci Z t! '? 'i: "" 0- r Jil ~ E- o " "" .... o ~e .,!'!.$2 -1; Vi 3: 'C: ~~ .0"0 ~.! :a~ ~a. ~~ !'~ "'- !~~ "'0 ~ O' ~ 10 '" ~ e '" i e 1i; :> .D r'" .... " DISCLOSU RE STAllEI\1IENT'c' ,,---, ." . ." ST. MARK CA T'1GLICCHU~CH ~9~nda Ite~20 Pqg~1p Item #20 St. Mark Catholic Church Conditional Use Permit 1505 Kempsville Road District 1 Centerville September 13, 2006 REGULAR Barry Knight: Mr. Strange. Joseph Strange: The next item is item 20, St. Mark Catholic Church. An application of St. Mark Catholic Church for a Conditional Use Permit for a columbarium on property located at 1505 Kempsville Road, District 1, Centerville, with three conditions. Barry Knight: Welcome Reverend. , " Rev. James. Griffin: I'm Reverend James Griffin, the Pastor for the last four years of St. Mark. Our parish community did meet within the last year to try to come up with our plans. I know it was presented on August 9th here, and postponed until today. In the meantime, on August 22, we met with some neighbors, six or seven neighbors. In my estimation, answered their needs and answered their questions about the project itself. The overriding concern they had was security from our advantage point, and their own vantage point. I think that has adequately been answered. I certainly see the conditions and certainly agree with them. Even the condition, I guess that everyone has to work with the police about security. We certainly accept those, and hope that this passes so we can get on with our project. Are there any questions? Barry Knight: Thank you Reverend. Are there any questions? Thank you sir. You will get a chance to rebut after the opposition speaks. Mr. Strange? Joseph Strange: Okay. Speaking in opposition we have Robert Owen. Barry Knight: Welcome sir. Robert Owen: Good afternoon. My name is Robert Owen. After we had the meeting with the church, I talked with the neighbors, and the only opposition we had was the lighting aspect of the project. Presently, they are saying it was going to be sudued lighting. Their main concern was security. We felt that a higher profile lighting in the area, instead of just having lighting off the walls itself, would be better. They're worried about people getting in there and vandalizing. It would be able to be seen easier. That is the only opposition that we finally came out with. Thank you. Barry Knight: Are there any questions? Thank you sir. Reverend? You could come Item #20 St. Mark Catholic Church Page 2 back please sir. Rev. James Griffin: Yes. Barry Knight: You have heard his concern about the lighting? Rev. James Griffin: Yes. Barry Knight: Would you care to comment? Rev. James Griffin: I certainly would like our architect to comment. Would that be okay? Barry Knight: Absolutely. Rev. James Griffin: Prom Ivy Corporation. Barry Knight: Sure. Welcome ma' am. Anat Mor: Hello. I'm Anat Mor from Ivy Architectural Innovations. Lighting will be- what we want it to do is have enough light allover the street but just at the area where it -' would be lighted enough so at night everybody can see what is going on there. If anybody is sitting there, and looking at the place, we don't want something that will be full daylight, but instead it will be just at the area with light enough to see from the street. Barry Knight: Thank you. Are there any questions? Ms. Anderson? Janice Anderson: Isn't this columbarium located real close to the entrance anyway? Anat Mor: Yes it is, and it is lighted. We put it at the front of the building and not at the back, so it can be seen from the street. Janice Anderson: It is right up to the parking lot too? Anat Mor: Correct. Janice Anderson: Okay. Thank you. Barry Knight: Are there any other questions? Thank you ma'am. Okay. I'll open it up for discussion. Mr. Crabtree. Eugene Crabtree: I think you don't want ball field type lighting on this thing because people go there because of reverence. And to have a revered area that they can sit, many of them in grief, I think that as long as it is visible so that you can see that it is there, and what is going on, and have a peaceful and serene setting, that the lighting as such would Item #20 St. Mark Catholic Church Page 3 be more appropriate than something that would be like a ball field lighting or spot light type lighting. Ball field or spotlight would be inappropriate, I believe, in this way. Barry Knight: Thank you. Is there any other discussion or a motion? Mr. Strange? Joseph Strange: Yeah. I agree with Gene. You know, when the church came here last time, we asked them to get together with the neighborhood, which they did. In fact, they even called and invited me, but I was out of town. I wasn't able to go, but I think they have done to satisfy the neighborhood, and I will be supporting. Barry Knight: Would you put that in a way of a motion? Joseph Strange: I will put it in a way of a motion to approve the application. Eugene Crabtree: I'll second it. Barry Knight: I'll open it back up for discussion. Is there any discussion? There is a motion on the floor by Joe Strange and a second by Gene Crabtree for approval of agenda item 20. I'll call for the question. = AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved the application of St. Mark, Catholic Church. ~1ty e>f -V-:trgi:cria Beach DEPARTMENT OF PARKS AND RECREATION 757 -38S-11 00 FAX (757) 385-1130 TOD (757) 471-5839 VBgov.com MUNICIPAl CENTER BUILDING 21 2<408 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9016 INTER-OFFICE MEMORANDUM DATE: October 5, 2006 TO: James K. Spore, City Manager VIA: Charles W. Meyer, Chief Operating Officer FROM: Cindy A. Curtis, Director, Parks and Recreation SUBJECT: Lynnhaven Community Park Telecommunication Tower Conditional Use Permit Application This memorandum is to clarify the process that will take place if City Council approves the conditional use permit (CUP) application on October 10, 2006, for a telecommunication tower proposed at Lynnhaven Community Parle The tower would replace one of the baseball field light poles at the park, similar to the high school field lights replaced at Bayside and Cox High Schools. The existing light pole is 65 feet tall and the proposed poleltower is 115 feet tall. The tower would be designed to accommodate a primary service provider and a co-located provider. If the CUP is approved and the City desires to lease the property for more than five years, the City Attorney's Office advises that the tower site will need to be advertised for bids through Purchasing/Finance to determine the highest revenue provider proposal. Once the bid process is complete and a service provider is selected, a lease agreement would be prepared for City Council's consideration. After a lease is approved by City Council, the provider will need to have its construction plans approved by the Planning Department in order to install the tower. According to current market estimates, this particular tower location could generate $30,000 to $45,000 of annual revenue for the City. However, the revenue will not be determined for certain until providers bid on the site location through the public procurement process. Parks and Recreation recommends that the lease revenue be retained in the department for athletic field maintenance and improvements. If you have any questions or need to discuss the application, please feel free to call Brian Solis or me at 385-1100. CAC/BSfJas CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach I Department of Parks and Recreation - Conditional Use Permit (communication tower), south side of First Colonial Road west of Collection Creek Way (DISTRICT 5 - L YNNHAVEN) MEETING DATE: October 10,2006 . Background: Application of the City of Virginia Beach / Department of Parks and Recreation for a Conditional Use Permit for a communication tower on property located on the south side of First Colonial Road, approximately 270 feet west of Collection Creek Way (GPIN 2408453220). DISTRICT 5 - L YNNHAVEN . Considerations: The applicant requests a Conditional Use Permit to allow the replacement of an existing 65-foot tall light pole associated with an athletic field with a 120-foot tall monopole tower for wireless communications equipment. The applicant has met with the Department of Parks and Recreation, which administers these athletic fields, and received permission to apply for this use. The proposed monopole is designed to accommodate two wireless communication carriers and the lights for the field. The lights on the tower will be at 60 feet in height, and the antennas at 107 feet and 117 feet respectively. Additionally, a 10 foot by 20 foot equipment building is proposed. The applicant has met the location criteria required by the City Zoning Ordinance by providing satisfactory evidence of a lack of space on an existing tower located nearby at First Colonial High School. The Planning Commission placed this item on the consent agenda because they felt that replacement of a light pole with a monopole tower that would also provide lights for the adjacent ball fields is more acceptable than a new tower in another location, staff recommended approval, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The site and tower shall be developed substantially in accordance with the submitted development plans entitled "OMNIPOINT COMMUNICATIONS City of Virginia Beach / Department of Parks and Recreation Page 2 of 3 CAP OPERATIONS, LLC", prepared by Atlantis Group, Inc., and dated 1 0/03/5. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 2. The proposed tower and equipment shed shall be designed to accommodate two users. 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4. The proposed tower shall not exceed 120 feet in overall height, and shall be a spun concrete pole that meets or exceeds the structural criteria in the zoning ordinance. The proposed field lights shall be approved by the Department of Parks and Recreation prior to their installation. 5. The type, quantity, and location of landscaping within the telecommunication tower lease area landscape buffer shall be consistent with section 232(b)(8) of the City Zoning Ordinance and shall be subject to the review and approval of the Department of Parks and Recreation. 6. The fencing around the proposed telecommunication tower shall be black vinyl-coated chain-link fence or similar specification approved by the Department of Parks and Recreation. 7. The Department of Parks and Recreation shall be notified seven (7) business days in advance to any proposed work within the 15-feet wide access easement and 10-feet wide utility easement. 8. Prior to construction, the applicant shall provide City staff with a letter from a licensed structural engineer stating that the tower, with the planned flush mounted antenna arrays and the ball field light fixture, meets the structural standards established by the Electronics Industry Association and the local building code. 9. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation emitted from the tower does not exceed at ground level the lowest applicable standards established by the Federal government or the American National Standards Institute. 10. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COM IT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to City of Virginia Beach / Department of Parks and Recreation Page 3 of 3 practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users. 11.ln the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 12.ln the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense and replaced with a light pole to match the other light poles in place at this location. . 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. lz I ~cs<J'1 CITY OF VIRGINIA BEACH/PARKS AND RECREATION Agenda Item 8 September 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a Communication Tower ADDRESS I DESCRIPTION: Property located on the south side of First Colonial Road, approximately 200 feet west of Collection Creek Way GPIN: 24084532200000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 13.1 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the replacement of an existing 65-foot taillight pole associated with a ball field with a 120-foot tall monopole tower for wireless communications equipment. The applicant has met with the Department of Parks and Recreation and received permission to apply for this use. The proposed monopole is designed to accommodate two carriers and lights for the ball field. The lights on the tower will be at 60 feet in height, and the antennas at 107 feet and 117 feet respectively. Additionally a 10 foot by 20 foot equipment building is proposed. The applicant has met the location criteria required by the City Zoning Ordinance by providing satisfactory evidence of a lack of space on an existing tower located nearby at First Colonial High School. LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Basketball courts, ballfields, and a parking lot occupy the site. . First Colonial Road · Across First Colonial Road is City of Virginia Beach owned open space / 0-2 Office . Single-family dwellings / R-1 0 Residential CITY OF VIRGINIA BEACH / PARKS ANDBECREA]ION <Agendalt~~8. , , ,...g~g~t1 South: . Bayne Drive . Across Bayne Drive is a City of Virginia Beach fire station and library / R-1 0 Residential . Offices / 0-2 Office . Multi-family dwellings / A-12 Apartment . Lynnhaven Junior High School / R-10 Residential East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is grassy fields with basketball courts, ball fields and a parking area. The site is split by the Chesapeake Bay Preservation Area, with the Resource Protection Area located on the eastern side of the site and the Resource Management Area located on the western side of the site. AICUZ: The site is in an AICUZ of less than 65-70 and 70-75 dB Ldn surrounding NAS Oceana. The Navy has no objection to this request, as the use is compatible with these AICUZ areas. IMPACT ON CITY SERVICES There is no identified impact on City services with regard to the request. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The request for a conditional use permit for a 120-foot tall communication tower is acceptable. The proposal is compatible with the adjacent open space and recreational uses, business areas, and residential neighborhoods. The tower will replace an existing ball field 65-foot taillight pole. The proposed tower will accommodate two wireless communication carriers and lights for the ball field. Flush mounted antennae have been specified on the tower to reduce the visual impact of the tower. Because of these conditions, the tower will not be intrusive to the surrounding uses. The applicant has also met the location criteria required by the City Zoning Ordinance by providing satisfactory evidence of a lack of space on existing towers in the area. Staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1 . The site and tower shall be developed substantially in accordance with the submitted development plans entitled "OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC", prepared by Atlantis Group, Inc., and dated 10/03/5. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. /', ., ,~.. ,. . ..,'", ':':.,. . -.- ... -:-",,-, CITY OF VIRGINIA BEACH / PARKS ANDBECREAllON .'.Agendalt~~8 'e2 2. The proposed tower and equipment shed shall be designed to accommodate two users. 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4. The proposed tower shall not exceed 120 feet in overall height, and shall be a spun concrete pole that meets or exceeds the structural criteria in the zoning ordinance. The proposed field lights shall be approved by the Department of Parks and Recreation prior to their installation. 5. The type, quantity, and location of landscaping within the telecommunication tower lease area landscape buffer shall be consistent with section 232(b)(8) of the City Zoning Ordinance and shall be subject to the review and approval of the Department of Parks and Recreation. 6. The fencing around the proposed telecommunication tower shall be black vinyl-coated chain-link fence or similar specification approved by the Department of Parks and Recreation. 7. The Department of Parks and Recreation shall be notified seven (7) business days in advance to any proposed work within the 15-feet wide access easement and 1 a-feet wide utility easement. 8. Prior to construction, the applicant shall provide City staff with a letter from a licensed structural engineer stating that the tower, with the planned flush mounted antenna arrays and the ball field light fixture, meets the structural standards established by the Electronics Industry Association and the local building code. 9. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation emitted from the tower does not exceed at ground level the lowest applicable standards established by the Federal government or the American National Standards Institute. 10. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COM IT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users. 11. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense and replaced with a light pole to match the other light poles in place at this location. ",-', .. .",.:>.,..,..'.." ._:.:.:..>..,...... CITY OF VIRGINIA BEACH / PARKS ANQ.BECREAI.ION ',. Agendalt~f8 '1R~9~lP 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 and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 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I I BUILDING ELl:V~rfa~ CITY OF VIRGINIA BEACH / PARKS ANDBECREA]ION Agenda It~1'l18 '~gg~8 1 . 2/27/89 4/24/89 2. 9/9/92 3. 7/9/90 9/23/97 4. 5/13/97 5. 7/13/93 12/5/95 10/14/03 6. 12/17/79 R-IO CUP - Communication Tower Reconsideration of Conditions Subdivision Variance Conditional Use Permit Nursin Home Conditional Use Permit (Nursing Home) Rezonin 0-2 Office to Conditional A-18 A artment Rezonin 0-2 Office to 0-1 Office Conditional Use Permit (Child Care) Conditional Use Permit (Church) Conditional Use Permit Church Rezonin R-5 Residential to P-1 Preservation Approved A roved A roved Approved A roved A roved Approved Approved A roved A roved ZONING HISTORY '-",",', CITY OF VIRGINIA BEACH / PARKS ANO>SEeREAclON ',., Agendalt~l\n 8 , '/g~g~@ ~ w ~ w ~ t; III a:: :> (J) o ..J U (J) o -g~ g-n ~~ .cfiro jffij' :o~ ~~ f 1'1 ';:<1>" :Hn~ 11>02: ~ ~.~ tn e :E .g' LU~o ~ ~~;;g (1)6~8 g '!;~~ ~~'5" 0==8 ..ls:f~ - <l:.~ 'Sl',~ j ~1Jl~'~ g E<~ 1'la ~ CI Q:"'==~ E Q :;:-''''':ll ~ <l:~!~'5 ~ ilS1:ll~ 'g' E E.! 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(1)'::,5 O?:, gee ~~ ~~~g.g~ o~~.~; ~ c:,,",~,.2..6~ w......~o - z~. ~';~~ 3:;i:s-g~ OoQ....,~ >-..;:..:;;;.2;;; Ii: !.go.~""' Wo"'~4>3i ~a&,:i~ =:""86::.0 c..~ca-~~B :: ,2Z~.:t ~ ~ tp <<5: ~~ t;et:nt:~ ~~\5ii1i ~~jeQ. :;:ii1E;";- ~o8.;5~ S!Q,~.-'" ~Jll~E o:::;;~ ~ ., ., ., ~ 'it) " .::;, '0 '" ] E~ ",it' o~ .. " '" /::0 :'OS? ~~ .g~ ...,- -E~ ~'" !~ ..- "," ;;g .co. -"'- '" '" ::tJ) ",..c ",- ",..c ~ "~ ,~ ~ 1.'"J .- :;;"" .0'" c: ~:g -'" :S~ vi '" '" c ~ ::> .0 r:. 0. :c '" li> c 1:: :& e .2 < '" ... o <t", .!II .2 ~~ ~g ~g' 4>'0 2~ 0.0 "''''- :0 g ~c "''' ""... "",'" Q'::; ~o 05 D ~ " ~ ,g s t ~ J 1 ~ 50,< r~ t~~' ~il v....~ ~ ~ '" DISCLOSURE STATEME,NT D CITY OF VIRGINIA BEACH / PARKS ANQBECREAlilON Agendalt~!"l8 ,Pg:~(3,JO- Item #8 City of Virginia Beach / Department of Parks and Recreation Conditional Use Permit South side of First Colonial Road District 5 Lynnhaven September 13, 2006 CONSENT Janice Anderson: The next item is agenda item 8. It's an application of the City of Virginia Beach / Parks and Recreation for a communication tower on property located on the south side of First Colonial Road. This is in the Lynnhaven District. Is there a representative on this application? Brian Solis: Good afternoon. Brian Solis. I'm from Virginia Beach Parks and Recreation. We agree with staff s recommendation. Janice Anderson: With the eleven conditions? Brian Solis: Yes. ~ Janice Anderson: Thank you. Brian Solis: Thank you. Janice Anderson: Is there any objection to this application being placed on the consent agenda? If not, Ron Ripley will review this application for us. Ronald Ripley: Again, this is a communication tower, and it really is a replacement of an existing 65 foot light pole with a 120 foot monopole tower for wireless communication. It is an area next to a school, and it is part of a park. It is out towards the middle. It also serves the benefit of providing some lights for the adjacent ball fields. We felt that this was a good candidate to be on the consent agenda. Janice Anderson: Thank you Mr. Ripley. Mr. Chairman, I have a motion to approve the following application. It is agenda item 8. Barry Knight: There is a motion on the floor. Do I have a second? Dorothy Wood: Second. Barry Knight: There is a second by Dot Wood. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #8 City of Virginia Beach / Department of Parks and Recreation Page 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 8. === ABSENT ABSENT r.~Ci9/h .,r..).~~"'" "'I.~,,/it:-... f~~ {~, ,f;. 1"'-' ~~t". ~~J ...\;-.:_. ...~lf l(~,.~::-. ...... J r-.:\...t..............;:,~..y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 111,233.1,701,901,1001,1501,1511 and 1521 of the City Zoning Ordinance, Defining the Terms "Alcoholic Beverage" and "Bar or Nightclub," Requiring Conditional Use Permits for Bars or Nightclubs and Establishing Other Regulations Pertaining to Bars or Nightclubs in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, 1-1, 1-2, RT -1, RT -2 and RT -3 Zoning Districts MEETING DATE: October 10,2006 . Background: An Ordinance to Amend Sections 111, 233.1, 701, 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance, Defining the Terms "Alcoholic Beverage" and "Bar or Nightclub," Requiring Conditional Use Permits for Bars or Nightclubs and Establishing Other Regulations Pertaining to Bars or Nightclubs in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning Districts . Considerations: On June 27,2006, the City Council passed a resolution directing the Planning Commission to consider an amendment to the City Zoning Ordinance pertaining to bars or nightclubs. A copy of the resolution is attached. The resolution directs the commission to conduct a study that includes consideration of the following: 1. A definition of "bar or nightclub" that appropriately distinguishes such use from other eating and drinking establishments; 2. The establishment of bars and nightclubs as a conditional use in the RT-1, RT-3, and RT-3 Resort Tourist Districts and in such other zoning districts as may be appropriate; 3. Appropriate means of enforcing zoning regulations pertaining to bars and nightclubs; 4. Provisions concerning eating and drinking establishments rendered nonconforming by the adoption of the contemplated City Zoning Ordinance amendments; and 5. Such other and further potential City Zoning Ordinance amendments as the Planning Commission may deem advisable. CITY OF VIRGINIA BEACH - BARS OR NIGHTCLUBS CZO AMENDMENT Page 2 of 2 In response to the resolution, the Planning Commission appointed a committee to study and discuss the proposed amendment. The committee met with community and industry representatives, and recommended a number of changes to the amendment. The Planning Commission placed the proposed amendment on the consent agenda because they concluded the proposed amendment addressed City Council's resolution, staff recommended approval, and there was no opposition. On October 3,2006, Staff provided a briefing to the City Council explaining the amendment recommended by the Planning Commission and regarding additional information obtained after the Planning Commission hearing that affects the implementation and enforcement of the amendment. Based on the new information and on City Council's discussion during the briefing, this matter should be referred back to the Planning Commission for additional consideration, with its return to the City Council in December. A resolution to that affect is attached. . Recommendations: Referral back to the Planning Commission. . Attachments: Resolution to Refer back to the Planning Commission Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends referral back to the Planning Commission. Submitting DepartmentlAgen~y: Planning Department ~ CitYManage~l(. ~ CITY OF VIRGINIA BEACH - AMENDMENT TO THE ZONING ORDINANCE - BARS AND NIGHTCLUBS Agenda Item 14 September 13, 2006 Public Hearing REQUEST An Ordinance to Amend Sections 111, 233.1, 701, 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance, Defining the Terms "Alcoholic Beverage" and "Bar or Nightclub," Requiring Conditional Use Permits for Bars or Nightclubs and Establishing Other Regulations Pertaining to Bars or Nightclubs in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, 1-1, 1-2, RT -1, RT -2 and RT -3 Zoning Districts SUMMARY OF AMENDMENT On June 27,2006, the City Council passed a resolution directing the Planning Commission to consider an amendment to the City Zoning Ordinance pertaining to bars or nightclubs. A copy of the resolution is attached. The resolution directs the commission to conduct a study that includes consideration of the following: 1. A definition of "bar or nightclub" that appropriately distinguishes such use from other eating and drinking establishments; 2. The establishment of bars and nightclubs as a conditional use in the RT-1, RT-3, and RT-3 Resort Tourist Districts and in such other zoning districts as may be appropriate; 3. Appropriate means of enforcing zoning regulations pertaining to bars and nightclubs; 4. Provisions concerning eating and drinking establishments rendered nonconforming by the adoption of the contemplated City Zoning Ordinance amendments; and 5. Such other and further potential City Zoning Ordinance amendments as the Planning Commission may deem advisable. In response to the resolution, the Planning Commission appointed a committee to study and discuss the proposed amendment. The committee met with community and industry representatives, and recommended a number of changes to the amendment, a copy of which is provided with this report. The amendments (Section 111) add a definition of the term "alcoholic beverage" (essentially the same definition as appears in Virginia Code Section 4.1-100), and clarify that the term "restaurant" is used interchangeably with "eating and drinking establishment" in the City Zoning Ordinance. The amendments also establish a distinction between 'restaurants' and 'bars' or 'nightclubs.' The latter are characterized by occupant load densities of 10 square feet or less per occupant and service of alcoholic beverages between midnight and 6 a.m., except if alcoholic beverages are served as part of a wedding, banquet or similar function not open to the general public. The amendments modify Section 233.1 (a) as follows: . ". ",' , ",:..,:,:,;,"" CITY OF VIRGINIA BEACH - BARS ANONIGHTCl.,~BS Agenda It 14 1. refines the areas in which the enumerated conditions as specified in this subsection for operation of a bar or nightclub apply; 2. deletes the reference to the Virginia Code definition of "alcoholic beverage" in light of the addition of the definition of that term to Section 111; and 3. clarifies that doors may be opened when persons are entering or exiting the establishment. The proposed amendments establish bars or nightclubs as a conditional use within the H-1 Hotel District, all of the Business Districts (B-2, B-3, B-3A, B-4, B-4C, and B-4K) except B-1 and B-1A, both Industrial Districts (1-1 and 1-2), and the Resort Tourists Districts (RT-1, RT-2, and RT-3). The amendments to Section 233.1 (b) establish the procedure for the handling of violations of conditional use permits by bars or nightclubs. The procedure is identical to that in other violation cases, except that for a first violation, the Zoning Administrator must notify the owner or operator and allow a reasonable time to correct the violation prior to instituting proceedings for the revocation of the use permit. Section 233.1(c) prohibits bars or nightclubs as accessory uses in all zoning districts. Section 233.1 (d) allows existing bars or nightclubs to be expanded or enlarged one time under the following circumstances: 1. It has not previously been found to be in violation of the conditional use permit authorizing it, if any; 2. The occupant load of the bar or nightclub is not increased as a result of the enlargement, extension, reconstruction or structural alteration; 3. The bar or nightclub has not been expanded or extended since the date of adoption of the proposed amendments; and 4. Except with respect to structural alterations or reconstructions not resulting in an increase in occupant load, such bar or nightclub is not located within an Accident Potential Zone (APZ). If any bar or nightclub is expanded under Section 233.1 (d), it must then be subject to the standards and conditions set forth in subsection (a). This subsection also notes, however, that if a bar or nightclub cannot meet the standards above for expansion or enlargement, the bar or nightclub may pursue expansion or enlargement from the City Council under the provisions of Section 105 of the City Zoning Ordinance pertaining to non-conforming uses. Alternatively, the bar or nightclub can also pursue the issuance of a conditional use permit by the City Council. The proposed amendments are a major improvement over the existing regulations regarding bars and nightclubs and are recommended for approval, although there may be room to further strengthen the regulations. Currently, bar and nightclub owners can avoid the conditional use permit process simply by not excluding minors. This exacerbates the problems caused by bars and nightclubs and our police department finds it to be unworkable. Redefining "bars and nightclubs" based on occupant load is a far better method of distinguishing between bars/nightclubs and restaurants. The new regulations do allow bars/nightclubs existing prior to the adoption of the amendments to expand once, provided that occupant load does not increase. This would encourage existing bar and nightclub facilities toward becoming restaurants with more space for each patron. In addition, where a bar/nightclub takes advantage of the one-time expansion opportunity, it will bring the establishment under the provisions of Section 233.1 (a), giving the City more control over any problems resulting from the operation. In conclusion, although the amendments do allow for expansion of existing bars/nightclubs, they are superior to the regulations currently existing and provide the City with a better tool for regulating such uses. RECOMMENDATION 7 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO STUDY MEANS OF REGULATING BARS AND NIGHTCLUBS, INCLUDING REQUIRING CONDITIONAL USE PERMITS FOR SUCH ESTABLISHMENTS, AND TO TRANSMIT TO THE CITY COUNCIL RECOMMENDED AMENDMENTS TO THE CITY ZONING ORDINANCE CONCERNING SUCH REGULATION 1 2 3 4 5 6 8 9 10 WHEREAS, the public necessity, convenience, general welfare and 11 good zoning practice so require; 12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA': 14 That the Planning Commission is hereby directed to study means 15 of regulating of bars and nightclubs within the City of Virginia 16 Beach, and to transmit to the City Council recommended amendments to 17 the City ~oning Ordinance concerning such regulation. Such study 18 shall include consideration of: 19 1. A definition of the use "bar or nightclub" that 20 appropriately distinguishes such use from other eating 21 and drinking establishments; 22 2. The classification of bars and nightclubs as a 23 conditional use in the RT-l, RT-2 and RT-3 Resort Tourist 24 Districts and in such other zoning districts as may be 25 appropriate; 26 3. Appropriate means of enforcing zoning regulations 27 pertaining to bars and nightclubsi 1 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55, 56 57 58 28 4. Provisions concerning eating and drinking establishments 29 rendered nonconforming by the adoption of the 30 contemplated City Zoning Ordinance amendments; and 31 5. Such other and further potential City Zoning Ordinance 32 amendments as the Planning Commission may deem advisable. 33 BE IT FURTHER RESOLV2D BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 That the Planning Commission be, and hereby is, directed to 36 complete its study and transmit to the City Council its 37 recommendations no later than sixty (60) days after the date of 38 adoption of this Resolution. 39 COMMENT The Resolution directs the Planning Commission to study the regulation of bars and nightclubs within the City and to recommend amendments to the City Zoning Ordinance such establishments. The study is to include consideration of; 1. The definition of "bar or nightclub"; 2. Classification of bars and nightclubs as a conditional use; 3. Enforcement of the regulations pertaining to bars and nightclubs; 4. Nonconforming establishments; and 5. Other potential cm amendments. The Resolution also directs the Planning Commission to transmit to the City Council its recommendation concerning the proposed amendments within 60 days of the date of adoption of the Resolution. Adopted by the City Council of the City of Virginia Beach, 59 Virginia, on the day of , 2006. 2 APPROVED AS TO LEGAL SUFFICIENCY: bI Cit CA-10076 OID\land use\codechanges\barsreferralRES R-l June 22, 2006 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO AMEND SECTIONS 111, 233.1, 701, 901, 1001, 1501, 1511 AND 1521 OF THE CITY ZONING ORDINANCE, DEFINING THE TERMS "ALCOHOLIC BEVERAGE" AND "BAR OR NIGHTCLUB," REQUIRING CONDITIONAL USE PERMITS FOR BARS OR NIGHTCLUBS AND ESTABLISHING OTHER REGULATIONS PERTAINING TO BARS OR NIGHTCLUBS IN THE H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, 1-1, 1-2, RT-1, RT-2 AND RT-3 ZONING DISTRICTS SECTIONS AMENDED: Ci ty Sections 111, 233.1, 701, 1511 and 1521 Zoning Ordinance 901, 1001, 1501, 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 That Sections 111, 233.1, 701, 901, 1001, 1501, 1511 and 19 1521 of the City Zoning Ordinance are hereby amended and 20 reordained to read as follows: 21 22 Sec. 111. Definitions. 23 / For the purpose of this ordinance, words used in the 24 present tense shall include the future; words used in the 25 singular number include the plural and the plural the singular; 26 the use of any gender shall be applicable to all genders; the 27 word "shall" is mandatory; the word "may" is permissive; the 28 word "land" includes only the area described as being above mean 2 9 sea level; and the word "person" includes an individual, a 30 partnership, association, or corporation. 1 31 In addition, the following terms shall be defined as herein 32 indicated: 33 34 Alcoholic beverage. Alcohol, spirits, wine and beer, or any 35 one or more of such varieties containing one-half of one percent 36 (0.5%) or more of alcohol by volume, including mixed alcoholic 37 beverages I and every liquid or solidI patented or not I 41 Bar or nightclub. A commercial establishment in which 42 foodl beverages and meals are served and consumedl including any 43 areas set aside for their storage or preparationl and which (1) 44 has an occupant load density I as determined by the Building 45 Officiall of ten (10) square feet or less per person; and (2) 46 serves alcoholic beverages at any time between midnight and 6 47 a.m'l except where service of alcoholic beverages is incident to 48 a wedding I banquet or similar function not open to the general 49 public. 50 51 Eating and drinking establishment or restaurant. A 52 commercial establishment where foodl beverages and meals are 2 53 served and consumed, including any areas set aside for their 54 storage or preparation, but not including bars or nightclubs. 55 COMMENT 56 57 58 59 60 61 62 63 64 65 66 The amendments add a definition of the term "alcoholic beverage" (essentially the same definition as appears in Virginia Code Section 4.1-100), and clarify that the term "restaurant" is used interchangeably with "eating and drinking establishment" in the City Zoning Ordinance. The amendments also establish a distinction between restaurants and bars or, nightclubs. The latter are characterized by occupant load densities of 10 square feet or less per occupant and service of alcoholic beverages between midnight and 6 a.m., except if alcoholic beverages are served as part of a wedding, banquet or similar function not open to the general public. Eating a.nd drinking cotabliClhmcnt13 ocr;ing Sec. 233.1. 67 alcoholic hcvcragco Bars or nightclubs. 68 (a) Requirements. In addition to general requirements, 69 bars or nightclubs e.:lting .:lnd drinking eot.:lbliohmento r..lhich 70 oer~e .:llcoholic bever.:lgeo, .:l0 defined in oeetion 1 2 of the Code 71 of Virgini.:l, for on premioeo conoumption a.nd .,;hich .:lre located 72 ',lithin fi~v.e hundred (SOO) feet of .:lny reoidential or a.pa.rtment 73 diotrict or h.:l~;e on oite pa.rking r..;ithin three hundred (300) feet 74 of .:lny reoidenti.:ll or .:lp.:lrtment diotrict, or r..lhich .:lre loc.:lted 75 in the RT 1.!... or r..li thin the RT 2 or RT 3 Reoort Touriot Diotrict, 76 shall be subj ect to the following requirements, which shall be 77 deemed to be conditions of the conditional use permit: 78 +a+- (1) Category VI landscaping shall be installed along any 79 lot line adjoining a residential or apartment district 80 without an intervening street, alley or body or water 81 greater than fifty (50) feet in width. The fencing 3 82 83 84 85 element of such landscaping shall not be less than six (6) feet nor more than eight (8) feet in height. Landscaping shall be maintained in good condition at all times-:-i. 86 +e+~ The operation of such establishments shall not disturb 87 88 89 90 91 the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enj oyrnent of neighboring property by reason of excessive noise, traffic, overflow parking and litter-:-i. 92 +e+ (3) Operators of such establishments shall not allow 93 94 95 96 97 98 99 100 loitering or congregations of individuals in the parking lot or other exterior portions of the premises, except for areas in which the consumption of alcoholic beverages is specifically permitted by the terms of the establishment's Alcoholic Beverage Control license, and shall keep all entrance and exit doors closed at all times of operation, except to the extent necessary to allow patrons, employees or other 101 persons to enter or exit the establishment-:-; and 102 +a+ (4) Such establishments shall be required to implement any 103 104 other reasonable measures the city council deems necessary or appropriate to minimize noise or other 4 105 106 107 potential adverse effects upon neighboring rcoidcnti~l areas. (b) Violations. A violation of any of the aforesaid 108 requirements shall be grounds for revocation of the conditional 109 use permit in accordance with the provisions of Section 221(h)i 110 provided, however, that where a bar or nightclub has not 111 previously been found to be in violation of the conditional use 112 permit, the Zoning Administrator shall give notice of the 113 violation to the property owner or operator of the establishment 114 alleged to be in violation of the conditional use permit and 115 allow a reasonable time for the violation to be corrected or 116 remedied prior to the institution of proceedings to revoke the 117 conditional use permit under Section 221 (h) . Any finding by 118 the Zoning Administrator that a bar or nightclub is in violation 119 of the conditional use permit may be appealed to the Board of 120 Zoning Appeals in accordance with Section 106. 121 (c) Accessory uses. Bars or nightclubs shall not be 122 allowed as an accessory use in any zoning district. 123 (d) Expansions, etc. Notwithstanding any other provision 124 of this ordinance, no conditional use permit or resolution 125 pursuant to Section 105(d) shall be required for the 126 enlargement, extension, reconstruction or structural alteration 127 of a bar or nightclub lawfully in existence as of October 10, 128 2006, provided that: 5 129 130 131 132 133 134 135 136 137 138 139 140 141 142 (1) it has not previously been found to be ln violation of the conditional use permit (2 ) authorizing it, if any; the occupant load of the bar or nightclub is not increased result of the as enlargement, structural a extension, reconstruction or (3 ) alteration; the bar or nightclub has not been expanded or extended since October 10, 2006; and except with respect to structural alterations or reconstructions not resulting in an increase in (4 ) occupant load, such bar or nightclub is not located within an Accident Potential Zone (APZ) It shall be a condition of any enlargement, extension, 143 reconstruction or structural alteration pursuant to this section 144 that the bar or nightclub shall thereafter be subj ect to the 145 standards and conditions set forth in Subsection (a) hereof. 146 Any enlargement, extension, reconstruction or structural 147 alteration of a bar or nightclub not meeting the criteria set 148 forth herein may be allowed by the City Council in accordance 149 with Section 105 (d) or by conditional use permit, as the case 150 151 may be. the Ci ty In the event any such standard or condition is found by Council to have been violated, it may revoke the 152 permission to enlarge, extend, reconstruct or structurally alter 6 153 the establishment. Any enlargement, extension, reconstruction 154 or structural alteration of a bar or nightclub not meeting the 155 criteria set forth herein may be allowed by the City Council in 156 accordance with Section 105 (d) or by conditional use permit, as 157 the case may be. 158 COMMENT 159 The amendments to subsection (a): 160 161 (1) expand the areas in which the enumerated conditions apply; 162 (2) delete the reference to the Virginia Code definition of "alcoholic beverage" in light of 163 the addition of the definition ofthat term to Section 111; and 164 (3) clarify that doors may be opened when persons are entering or exiting the 165 establishment. 166 167 The amendments to subsection (b) set forth the procedure for the handling of violations of 168 conditional use permits by bars or nightclubs. The procedure is identical to that in other cases, 16 9 except that for a first violation, the Zoning Administrator must notify the owner or operator and 170 allow a reasonable time to correct the violation prior to instituting proceedings for the revocation of 1 71 the use permit. 172 173 Subsection (c) prohibits bars or nightclubs as accessory uses in all zoning districts. 174 175 Subsection (d) allows existing bars or nightclubs to be expanded, enlarged, etc. one time 176 under the circumstances set forth. The most significant limitation is that any such expansion, etc. 177 may not increase the occupant load of the establishment. 178 179 180 Sec. 701. Use regulations [Hotel District] . 181 (a) Principal and condi tional uses. The following chart 182 lists those uses permitted within the H-1 Hotel District. Those 183 uses and structures in the district shall be permitted as either 184 principal uses indicated by a II pll or as conditional uses 185 indicated by a "C. II Uses and structures indicated by an IIXII 7 186 shall be prohibited in the district. No uses or structures other 187 than as specified shall be permitted. 188 Use B-1 189 190 191 192 193 194 195 196 Bars or nightclubs, subject to the provisions of subsection (b) (1) c 197 (b) Accessory uses and structures. Uses and structures 198 which are customarily accessory and clearly incidental and 199 subordinate to principal uses and structures, including but not 200 limited to: 201 (1) Within the H-1 Hotel District, establishments for sale 202 of gifts, clothing, drugs, photographic supplies, 203 newspapers, and magazines and convenience goods, 204 eating and drinking establishments and professional 205 and personal service establishments; provided that 206 such uses are accessory to hotels having fifty (50) or 207 more dwelling or lodging units for sale or for rent; 208 and provided further, that all such establishments 209 shall be designed and scaled only to meet the 210 requirements of occupants and their guests; and 211 provided also that there shall be no evidence of the 8 212 existence of such establishments from outside the 213 property line; and provided finally that the floor 214 area occupied by such establishments shall not exceed 215 twenty (20) percent of the floor area of the hotel or 216 motel. 21 7 COMMENT 218 The amendment allows bars or nightclubs as conditional uses in the H-1 Hotel District, 219 subject to the requirements which are set forth in (b) (1). While those requirements expressly 220 pertain to accessory uses, they would also apply to bars or nightclubs that are allowed as 221 conditional uses in the H-1 District. 222 Sec. 901. Use regulations [Business districts] . 223 (a) Principal and condi tional uses. The following chart 224 lists those uses permitted within the B-1 through B-4C Business 225 Districts. Those uses and structures in the respective business 226 districts shall be permitted as either principal uses indicated 227 by a "P" or as conditional uses indicated by a "C." Uses and 228 structures indicated by an "X" shall be prohibited in the 229 respective districts. No uses or structures other than as 230 specified shall be permitted. 9 Use Bars or nightclubs Eating and drinking establishments without drive-through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified In this section Eating and drinking establishments with drive-through windows, except as specified below Eating and drinking establishments without drive-through windows, except as specified below Eating and drinking eotetbliohmento '.Jhere etll three of the follmJing occur. 1. }'.lcohol ic be~erageo arc oer~ed, 2. The eotabliohment io locetted .,;i thin f i ~e hundred (500) feet of et reoidentietl or etpetrtment diotrict, 3. The eotetbliohment e](cludeo peroono on the betoio of etge B-1 x x x p if B- 1A x p if B-2 x x p G 10 c x p G B- 3 B-3A c c x p p x p x G B- 4 B-4C c c x p p x p x G G B- 4K c p x x G 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 during ~ny p~rt of the d~y or provideD entert~inffient ~udible from ~n ~djoining property. (a1) Outdoor cafes and outdoor plazas ~n the B-3A Pembroke Central Business Core District. (a1) Outdoor cafes and outdoor plazas In the B-3A Pembroke Central Business Core District. (a) Notwithstanding any contrary provision of this ordinance, outdoor cafes within the B-3A Pembroke Central Business Core District shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building. (b) Notwithstanding any contrary provision of this subsection, outdoor plazas within the B-3A Pembroke Central Business Core District shall be subject to the following criteria: (1) Outdoor plazas should be located at the entrance to major buildings and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work and visit the area. The size and configuration of outdoor plazas and attendant amenities shall be 11 251 252 253 254 255 reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth in the Comprehensive Plan and Pembroke Central Business District Master Plan; and 256 257 258 (2 ) The architectural design shall conform to the purpose and intent of the Central Business District Master Plan. 259 (b) Accessory uses and structures. Uses and structures 260 which are customarily accessory and clearly incidental and 261 subordinate to the principal uses and structures, including, but 262 not limited to: 263 264 265 266 267 268 269 270 271 272 273 (1) An accessory activity operated for profit In a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one nonilluminated identification sign not more than one square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in 12 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupy~ng such dwelling unit is employed in the activity; where such activity ~s conducted only ~n the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at anyone time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist homes, massage or tattoo parlors, radio or television repair shops, auto repair shops, or similar establishments. 296 (c) Special restrictions in Accident Potential Zone 1 297 (APZ-l). No use or structure shall be permitted on any property 13 298 located within Accident Potential Zone 1 (APZ-l) unless such use 299 1S designated as compatible in APZ-l 1n Table 2 ( "Air 300 Installations Compatible Use Zones Land Use Compatibility 1n 301 Accident Potential Zones") of section 1804; provided, however, 302 that any use or structure not designated as compatible shall be 303 permitted as a replacement of the same use or structure if the 304 replacement use or structure is of equal or lesser density or 305 intensity than the original use or structure. 306 COMMENT 307 The amendments set forth the Business Districts in which bars or nightclubs are allowed as 308 conditional uses. They also prohibit bars or nightclubs as accessory uses. 309 310 311 Sec. 1001. Use regulations [Industrial Districts] . 312 (a) Principal and conditional uses. The following chart lists 313 those uses permitted within the I-I and 1-2 Industrial 314 Districts. Those uses and structures in the respective 315 industrial districts shall be permitted as either principal uses 316 indicated by a "P" or as conditional uses indicated by a "C." 317 Uses and structures indicated by an "XII shall be prohibited in 318 the respective districts. No uses or structures other than as 319 specified shall be permitted. 320 Use I-l I-2 321 322 323 324 Bars or nightclubs C C 14 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 Eating and drinking establishments, eJCeept .:10 opecified belo'vJ P P E.:1ting .:1nd drinking eot.:1bliohmento ,;here .:111 three of the follo'vJing occur. 1. ^lcoholic bever.:1geo arc oer;ed, 2. The eotabliohment io loc.:1ted T,;ithin fi~;e hundred (500) feet of .:1 reoidenti.:1l or .:lp.:1rtment diotrict, 3. The eot.:lbliohment eJCcludeo peroono on the b.:1oio of .:lge during .:1ny p.:lrt of the d.:1Y, or provideo entert.:linment .:1udible from .:1djoining property. B B COMMENT The amendments require conditional use permits for bars or nightclubs located in the 1-1 and 1- 2 Industrial Districts. 348 Sec. 1501. Use regulations [RT-1 District] . 349 (a) The following chart lists those uses permitted within 350 the RT-l Resort Tourist District as either principal uses, as 351 indicated by a "P" or as conditional uses, as indicated by a 352 "C." Conditional uses shall be subject to the provisions of Part 353 C of Article 2 (section 220 et seq.). No uses or structures 354 other than those specified shall be permitted. All uses, whether 355 principal or conditional, should to the greatest extent possible 356 adhere to the provisions of the Oceanfront Resort Area Design 357 Guidelines. 358 15 359 360 Use RT- 1 Bars or nightclubs, except as specified below X Bars or nightclubs operated in conjunction with hotels or motels C Eating and drinking eotabliohmento, '.lhether or in conjunction ~;ith a hotel or motel, ',;here follmdng occur. (i) alcoholic be~v~erageo arc (ii) the eotabliohment excludeD peroono on the during any part of the day not operated both of the oer;ed, and B baoio of age (b) Structures enclosing uses permitted in conjunction 361 with hotels and motels shall be subject to the following 362 requirements: 363 364 365 366 367 368 369 370 371 372 373 374 (1) Such structures shall be located entirely within and shall be fully enclosed at all times by solid exterior walls and roof with no exterior opening, other than passageway doors as may be required by the Virginia Uniform Statewide Building Code; (2) Except with boardwalk respect to cafes as permitted by franchise agreements approved by the city council, no entrance or exit to the use shall be located on the side of any structure facing the boardwalk, unless such entrance or exit provides courtyard to access a or intervening open area, in which case such open 16 375 376 377 area shall be fully fenced or walled to a height of at least four (4) feet and without any entrances or exits facing the boardwalk; and 378 379 380 381 382 383 (3 ) Parking structures shall be permitted in conjunction with hotels and motels provided that any ground level parking within the structure fronting on Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. 384 (c) Proposed conditional uses shall be evaluated for 385 consistency with the following criteria regarding general land 386 use, transportation, and aesthetic provisions in order to further 387 the legislative intent of the RT-1 District and the goals of the 388 Comprehensive Plan and Oceanfront Resort Area Plan: 389 390 391 (1) Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination; 392 393 394 (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; 395 396 397 (3) The use and structure should complement resort activity centers and corridors and advance the area's public and private investments; 17 398 (4) All development and other physical improvements, 399 such as landscaping, signs, lighting, and other 400 similar elements should strive to achieve a high 401 level of design excellence and contribute to a 402 quality image as expressed in the Oceanfront 403 Resort Area Design Guidelines; 404 (5) All transportation improvements should be 405 designed to shift the dominant transportation 406 mode in the area from vehicular to pedestrian and 407 transit; and 408 (6) The use should be appropriate for both local 409 residents and visitors to the area. 410 COMMENT 411 The amendments allow bars or nightclubs in the RT -1 Resort Tourist District only as a 412 conditional use in conjunction with hotels or motels. 413 Subsection (c) is shown for reference purposes only. 414 Sec. 1511. Use regulations [RT-2 District] . 415 (a) The following chart lists those uses permitted within 416 the RT- 2 Resort Tourist District as either principal uses, as 417 indicated by a lip, II or as conditional uses, as indicated by a 418 IIC." Conditional uses shall be subj ect to the provisions of Part 419 C of Article 2 (section 220 et seq.). Buildings within the RT-2 420 District may include any principal or conditional uses In 18 421 combination with any other principal or conditional uses. No 422 uses or structures other than those specified shall be 423 permitted. All uses, whether principal or conditional, should to 424 the greatest extent possible adhere to the provisions of the 425 Oceanfront Resort Area Design Guidelines. 426 427 Use RT- 2 Bars or nightclubs Eating and drinking establishments, except ~o opecified p belm, Eating and drinking eotabliohffiento .,:here both of follmJing occur. (i) Alcoholic beverageo ~re oer.-ed, (ii) The eot~bliohffient excludeo peroono on the b~oio of during any p~rt of the d~y c the and e ~ge 428 429 (b) Accessory uses and structures: Uses and structures 430 which are customarily accessory and clearly incidental and 431 subordinate to the principal uses and structures; provided, 432 however, that drive-through facilities shall not be permitted: 433 (1) An accessory activity operated for profit in a 434 residential dwelling unit where there is no 435 change in the outside appearance of the building 436 or premises or any visible or audible evidence 437 detectable from outside the building lot, either 19 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected In the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than In a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity lS conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one (1 ) time. The following are specifically prohibited as accessory activities: 20 462 463 464 465 466 Convalescent or nursing homes, bars or nightclubs, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. 467 (c) Proposed conditional uses shall be evaluated for 468 consistency with the following criteria regarding general land 469 use, transportation, and aesthetic provisions in order to 470 further the legislative intent of the RT-2 District and the 471 goals of the Comprehensive Plan and Oceanfront Resort Area plan: 472 473 474 (1) Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination; 475 476 477 (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; 478 479 480 (3) The use and structure should complement resort activity centers and corridors and advance the area's public and private investments; 481 482 483 484 (4) All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a 21 485 quality image as expressed in the Oceanfront 486 Resort Area Design Guidelines; 487 ( 5 ) All transportation improvements should be 488 designed to shift the dominant transportation 489 mode in the area from vehicular to pedestrian and 490 transit; and 491 (6) The use should be appropriate for both local 492 residents and visitors to the area. 493 COMMENT 494 The proposed amendments allow bars or nightclubs as a conditional use in the RT -2 Resort 495 Tourist District. The treatment is similar to the existing treatment of eating and drinking 496 establishments where alcoholic beverages are served and where persons are excluded from the 4 9 7 premises on the basis of age. 498 Subsection (c) is shown for reference purposes only. 499 500 Sec. 1521. Use regulations [RT-3 District] . 501 (a) The following chart lists those uses permitted within 502 the RT-3 Resort Tourist District as either principal uses, as 503 indicated by a lip" or as conditional uses, as indicated by a 504 "C." Conditional uses shall be subject to the provisions of Part 505 C of Article 2 (section 220 et seq.). Except for single-family, 506 duplex, semidetached and attached dwellings, buildings within 507 the RT-3 District may include any principal or conditional uses 508 in combination with any other principal or conditional use. No 509 uses or structure s other than those specified shall be 22 510 permitted. All uses, whether principal or conditional, should to 511 the greatest extent possible adhere to the provisions of the 512 Oceanfront Resort Area Design Guidelines. 513 Use RT- 3 Bars or nightclubs C Eating and drinking establishments, eJCcept ao opecified p belo',: E.:tting .:tnd drinking eotabliohmento '"here both of follo',ling occur. (i) l\.lcoholic be~vTerageo .:tre oer;ed, (ii) The eot.:tbliohment eJCcludeo peroono on the b.:toio of during Qny p.:trt of the dQ}' the Qnd € Qge 514 515 (b) Accessory uses and structures Uses and structures 516 which are customarily accessory and clearly incidental and 517 subordinate to the principal uses and structures; provided, 518 however, that drive-through facilities shall not be permitted as 519 an accessory use: 520 (1) An accessory activity operated for profit In a 521 residential dwelling unit where there is no 522 change in the outside appearance of the building 523 or premises or any visible or audible evidence 524 detectable from outside the building lot, either 525 permanently or intermittently, of the conduct of 526 such business except for one (1) nonilluminated 23 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 identification sign not more than one (1) square foot In area mounted flat again against the residence; where no traffic lS generated, delivery including traffic by commercial vehicles, by such activity in greater volumes than would normally be expected In the neighborhood, and any need for parking generated by the conduct of such acti vi ty is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the loti where there are no sales to the general public of products or merchandise from the homei and where the activity lS specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at anyone time. The following are specifically prohibited as accessory activities: Convalescent or nurslng homes, bars or nightclubsr tourist homes r massage or tattoo 24 551 552 553 parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. 554 (c) Proposed conditional uses shall be evaluated for 555 consistency with the following criteria regarding general land 556 use, transportation, and aesthetic provisions in order to 557 further the legislative intent of the RT-3 District and the 558 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 559 560 561 (1) Any development or redevelopment in this area should contribute to creating an attracti ve wholesome family resort destination; 562 563 564 (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; 565 566 567 (3) The use and structure should complement resort acti vi ty centers and corridors and advance the area's public and private investments; 568 569 570 571 572 573 (4) All development and other physical improvements, such as landscaping, slgns, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality lmage as expressed in the Oceanfront Resort Area Design Guidelines; 25 574 (7) All transportation improvements should be 575 designed to shift the dominant transportation 576 mode in the area from vehicular to pedestrian and 577 transit; and 578 (8) The use should be appropriate for both local 579 residents and visitors to the area. 580 COMMENT 581 The amendments allow bars or nightclubs as a conditional use in the RT -3 Resort Tourist 582 District. The treatment is similar to the existing treatment of eating and drinking establishments 583 where alcoholic beverages are served and where persons are excluded from the premises on the 5 84 basis of age. 585 Subsection (c) is shown for reference purposes only. 586 587 588 Adopted by the City Council of the City of Virginia Beach, 589 Virginia, this day of , 2006. 590 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA-I0067 OID\Land Use\ordres\bar-nightclub ordin.doc R-8 September 22, 2006 26 Item #14 City of Virginia Beach / Bars and Nightclubs An Ordinance to Amend Sections 111,233.1,701,901,1001,1501 1511 and 1521 of the City Zoning Ordinance, Defining the Terms "Alcoholic Beverage" and "Bar or Nightclub," Requiring Conditional Use Permits for Bars or Nightclubs and Establishing Other Regulations Pertaining to Bars or Nightclubs in the H-l, B-1, B-2, B-3, B-3A, B-4 B-4C, B-4K, I-I, RT-1, RT2 and RT-3 Zoning Districts September 13, 2006 CONSENT Janice Anderson: The next item is agenda item 14. It is the application of the City of Virginia Beach for Bars and Nightclubs Ordinance. It is to amend several sections of the City Code, defining terms of "alcoholic beverage" or "nightclub" and for requiring a Conditional Use Permit for bars and nightclub. Welcome Ms. Lasley. Karen Lasley: Hi. I'm Karen Lasley, the Zoning Administrator for the City. Again, I would like to thank Ms. Anderson, Mr. Knight, and Mr. Macali for their hard work on these amendments, which corrects some flaws in our current Zoning Ordinance regarding establishments that serve alcoholic beverages. Right now, everybody, from Pizza Hut to bars and nightclubs, they are all in one category called "Eating and Drinking Establishments", and these only require Conditional Use Permits in the Resort Tourist Districts, if they serve alcohol and they exclude minors for any portion of the day. In the other districts, a use permit if required if they are within 500 feet of an Apartment or Residential district. So, it is very easy to avoid to having to get a Conditional Use Permit for some of these establishments that might require some extra regulations simply by letting minors in the facility, which our Police Department strongly objects to. It is causing a lot of problems for them. So, in trying to correct this situation, Mr. Macali has created a new category in the Zoning Ordinance called Bars and Nightclubs. That is defined as an "establishment that has an occupant load density of 10 square feet or less per person." If you have a regular restaurant, you got more room than that because you have large tables for dinner and chairs. In a bar, you have small tables, dance floors. You can cram a lot of people in there. It corresponds with the definition of bars and nightclubs in the Building Code. That is based on occupant load density. It also has to serve alcoholic beverages between midnight and 6:00 am. There is an exemption that excludes weddings and banquets not open to the general public so that every caterer does not have to come in for a Conditional Use Permit every time they have a wedding at a new location. Another important provision of these regulations allows existing bars or nightclubs that were in operation before this change is adopted to expand or reconstruct their facility without going through the Conditional Use Permit process one time as long as they are not in violation of any Use Permit that they may already have, and most important, as long as the occupant load ofthe bar is not increased. This will result in more space per patrons to push them more as being more of a restaurant facility. And, as I think I already said, they can do that once, and they cannot do that if they are in an Accident Potential Zone, where bars and restaurants are not compatible uses, and we don't want to encourage expansion of those facilities. I would also like to thank the Restaurant Association who helped us with these regulations, and several key bar and nightclub owners who participated. Do you have any other further questions for Mr. Macali or me? Janice Anderson: No. Thank you very much. Ronald Ripley: I would like to compliment the staff for the work on this. This has been an issue that has been going on for a long time, and we searched very hard for a solution. I think the Commissioners that worked on this, and the staff, and the industry, and it can't be said enough that this appears to be a practical solution. There may be flaws, but I think it seems to be crafted very well. I just wanted to make that comment because this has been an issue that went back about four years or so that we tried to deal with it then, and tried it one-way. It didn't seem to work. This seems to make some sense. Hopefully, it will be a betterment for the community. Janice Anderson: Thank you. Are there any other comments? Is there any objection to this ordinance? Karen Lasley has already explained it. Mr. Chairman, I have a motion to approve the following application. It is agenda item 14. Barry Knight: There is a motion on the floor. Do I have a second? Dorothy Wood: Second. Barry Knight: There is a second by Dot Wood. Is there any discussion? Mr. Bernas? Jay Bernas: I will have to abstain from item 14, City of Virginia Beach Bars and Nightclubs, as I have a business relationship with one of the bar and nightclub owners that may be affected. Barry Knight: Thank you. So noted. Is there any other discussion? We have a first by Jan Anderson and a second by Dot Wood. Jay Bernas would like to abstain on item 14. I'll call for the question. AYES NAY 0 ABS 1 ABSENT 2 ANDERSON AYE BERNAS ABS CRABTREE AYE HENLEY AYE KA TSIAS ABSENT KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: Bya vote of 8-0, with the abstention so noted, the Board has approved item 14. ~~ ~'~l"'''s .~ f/J/ fi -....,..'lo~, l=: - ." ~'Z.) (~\~ . ;~; \-" .,,-- i.t~ L.."I.~f~~"'<I-~./ ""\:',,,,,_ ..:.,Il'" .~-"" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance amending the Comprehensive Plan by deleting references for the establishment of a redevelopment and housing authority and to redevelopment in general (referred to the Planning Commission by the City Council on June 27, 2006). MEETING DATE: October 10, 2006 . Background: An Ordinance amending the Comprehensive Plan by deleting references for the establishment of a redevelopment and housing authority and to redevelopment in general (referred to the Planning Commission by the City Council on June 27, 2006). . Considerations: The attached amendment to the Comprehensive Plan is in response to a resolution adopted by the City Council on June 27, 2006. That resolution directs the Planning Commission to propose amendments to the Comprehensive Plan that would remove the recommendations that a redevelopment and housing authority be established and to also consider other amendments consistent with removal of such references to the creation of a redevelopment and housing authority. Staff and a committee of the Planning Commission met and discussed the resolution sent by the City Council. The attached amendment is the result of those discussions. The amendment notes that referendums have been held in 1996 and in 2003 regarding whether a redevelopment and housing authority should be established, and in both cases, a majority of those voting did so in the negative. Thus, the proposed amendment states that "in accordance with the wishes of the voters, the City will proceed with its plans for redevelopment without a redevelopment authority for the foreseeable future. II Also, consistent with the Comprehensive Plan's overall emphasis on the importance of private sector and public-private sector redevelopment to the continued healthy growth of the City of Virginia Beach, the amendment notes that (1) there should be continued dialogue and education regarding redevelopment in all of its forms, and (2) based on that dialogue and education, it is within the purview of the future citizens of Virginia Beach to revisit the need for a redevelopment and housing authority, and by referendum as required, those future citizens may establish such a body if they view it as necessary. There was opposition to the proposed amendment. CITY OF VIRGINIA BEACH - COMPREHENSIVE PLAN AMENDMENT / REDEVELOPMENT AND HOUSING AUTHORITY Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the amendment with one modification as suggested by the citizen in opposition at the hearing. . Attachments: Staff Review Proposed Amendment Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~.~~ ~ City Manager: 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY THE REMOVAL OF 3 THE RECOMMENDATIONS TO ESTABLISH A 4 REDEVELOPMENT AND HOUSING AUTHORITY 5 6 7 WHEREAS, on September 13, 2006, the Planning Commission held a 8 public hearing concerning the amendment of the Comprehensive Plan 9 (the "Plan") as set forth in the attached Exhibit A-I, and at the 10 conclusion of such public hearing, recommended that the Plan be 11 amended, and 12 WHEREAS, the public necessity, convenience, general welfare 13 and good zoning practice so require; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That the Comprehensive Plan of the City of Virginia Beach be, 17 and hereby is, amended and reordained in accordance with the 18 attached Exhibit A-I. 19 20 COMMENT 21 The ordinance amends the Comprehensive Plan to remove the recommendations for a 22 Redevelopment and Housing Authority. 23 24 25 Adopted by the Council of the City of Virginia Beach on this day of , 2006. 26 27 28 CA-I0152 29 OID\ordres\Comp Plan RHA ordin.doc 30 R-1 31 September 29, 2006 32 33 Approved as to Content: 34 35 36 37 Approved as to Legal Suffiqiency: / ! ~ ~itl11. ;J& J Ci~y ttorney's Office Exhibit A-1 Planning Commission Recommendation Comprehensive Plan Amendment Pertaining to Removal of Recommendations to Establish a Redevelopment and Housing Authority VIRGINIA BEACH COMPREHENSIVE PLAN POLICY DOCUMENT (per amended version adopted March 28, 2006) Page 43 In addition to these financing tools, there is an additional tool that can be made available. This is an aggressive residential and retail conservation program coupled with a strategic revitalization I redevelopment policy. These initiatives should establish high aspirations for increased economic development and the elimination of conditions that would impede favorable growth or erode the quality of our neighborhoods. The assembly oftools outlined above is capable of carrying out large pieces of this policy. In each case we either have these tools or have the legal authority to create them. There is one exception. This extremely important tool, a redevelopment agency, is lacking from our assembly of revitalization resources. Ho':;ever, without the passage of a referendum we look the legal aHthority to create this yaluable asset. Virginia Beach is one of the few major cities, anywhere, that lacks such an agency. The future of a redevelopment authority is in the hands of the voters of Virginia Beach. Without the passage of a referendum by the voters authorizing the activation of an authority. there can be none. In a referendum on November 5. 1996. the voters of Virginia Beach first addressed this issue and voted against the concept. In a referendum on May 2. 2006. the voters revisited this issue and a maiority of the qualified voters indicated again that there is not a need for an authority at this time. Therefore. in accordance with the wishes of the voters. the City will proceed with its plans for redevelopment without a redevelopment authority for the foreseeable future. However. should circumstances in the city change. it is within the purview of the voters of the city to revisit this issue. as they have before. and to again vote on the issue as they see fit. 1 Page 237 Sustaining the economic vitality and quality of neighborhoods requires effort on the part of public and private property owners. The public sector invests considerable resources to ensure their properties contribute to a quality physical environment. In the context of housing and neighborhoods, the community also relies on private residential property owners to maintain their lands and buildings in order to protect their investment and, to a larger extent, the economic well being of Virginia Beach. Deterioration of housing, if left unchecked, could grow to a point where neighborhoods begin showing signs of blight. The state code provides legislation that enables localities to combat such conditions, among them includes authorization to establish a rede'/elopment and housing authority, contingent on passage of a ref-crendum demonstrating public support. This tool, 'llhile Rot cU:ITently available, should be acquired as it cm:1ld serve a yital role in proteetiRg the quality and '"alue of 0Ui" physical enyiroIUnent. Page 247 Policy H-2-3 In accordance with a public education process and proced.-m-es outlined by state lav,', actiyely pmsue the goal of establishing a redeyelopmem and housing authority. Activelv pursue the goal of establishing a community conversation on redevelopment in Virginia Beach. Page A-2 These following initiatives should be initiated in a timely manner for the purpose of implementing defined goals of the Comprehensive Plan. · Dialogue on Redevelopment and Heusing l\uthority Purpose: Develop an effective public dialogue education program. focusing on the plll'pose and need for a issue of redevelopment and housing authority in Virginia Beaefi in the City. This initiative affects a range of important community concerns. The proper course of action is to effectively address those concerns te the satisfaction of om citizens and to engage the citizens in discussing them with one another. 2 CITY OF VIRGINIA BEACH AMENDMENT TO COMPREHENSIVE PLAN-REDEVELOPMENT Agenda Item # 12 September 13, 2006 Public Hearing REQUEST: An Ordinance amending the Comprehensive Plan by deleting references for the establishment of a redevelopment and housing authority and to redevelopment in general (referred by the City Council on June 27, 2006). SUMMARY OF AMENDMENT The attached amendment to the Comprehensive Plan is in response to a resolution adopted by the City Council on June 27, 2006. That resolution directs the Planning Commission to propose amendments to the Comprehensive Plan that would remove the recommendations that a redevelopment and housing authority be established and to also consider other amendments consistent with removal of such references to the creation of a redevelopment and housing authority. Staff and a committee of the Planning Commission met and discussed the resolution sent by the City Council. The attached amendment is the result of those discussions. The amendment notes that referendums have been held in 1996 and in 2003 regarding whether a redevelopment and housing authority should be established, and in both cases, a majority of those voting did so in the negative. Thus, the proposed amendment states that "in accordance with the wishes of the voters, the City will proceed with its plans for redevelopment without a redevelopment authority for the foreseeable future." Also, consistent with the Comprehensive Plan's overall emphasis on the importance of private sector and public-private sector redevelopment to the continued healthy growth of the City of Virginia Beach, the amendment notes that (1) there should be continued dialogue and education regarding redevelopment in all of its forms, and (2) based on that dialogue and education, it is within the purview of the future citizens of Virginia Beach to revisit the need for a redevelopment and housing authority, and by referendum as required, those future citizens may establish such a body if they view it as necessary. RECOMMENDATION The proposed amendment is recommended for approval. CITY OF VIRGINIA BEACH - REDEVELOPMENT Agenda Itern.12 Page 1 Exhibit A-1 Planning Commission Recommendation Comprehensive Plan Amendment Pertaining to Removal of Recommendations to Establish a Redevelopment and Housing Authority VIRGINIA BEACH COMPREHENSIVE PLAN POLICY DOCUMENT (per amended version adopted March 28, 2006) Page 43 In addition to these financing tools, there is an additional tool that can be made available. This is an aggressive residential and retail conservation program coupled with a strategic revitalization I redevelopment policy. These initiatives should establish high aspirations for increased economic development and the elimination of conditions that would impede favorable growth or erode the quality of our neighborhoods. The assembly oftools outlined above is capable of carrying out large pieces of this policy. In each case we either have these tools or have the legal authority to create them. There is one exception. This extremely important tool, a redevelopment agency, is lacking from our assembly of revitalization resources. Hovlever, \vithout the passage of a referenffilm we lack the legal mt-thority to 6reate this '.'aluable asset. Virginia Beach is one of the few major cities, anywhere, that lacks such an agency. The future of a redevelopment authority is in the hands ofthe voters of Virginia Beach. Without the passage of a referendum by the voters authorizing the activation of an authority, there can be none. In a referendum on November 5, 1996, the voters ofVirgl.nia Beach first addressed this issue and voted against the concept. In a referendum on May 2, 2006, the voters revisited this issue and a maiority of the qualified voters indicated again that there is not a need for an authority at this time. Therefore, in accordance with the wishes of the voters, the City will proceed with its plans for redevelopment without a redevelopment authority for the foreseeable future. However, should circumstances in the city change, it is within the purview of the voters of the city to revisit this issue, as they have before, and to again vote on the issue as they see fit. Page 237 Sustaining the economic vitality and quality of neighborhoods requires effort on the part of public and private property owners. The public sector invests considerable resources to ensure their properties contribute to a quality physical environment. In the context of housing and neighborhoods, the community also relies on private residential property owners to maintain their lands and buildings in order to protect their investment and, to a larger extent, the economic well being of Virginia Beach. Deterioration of housing, if left unchecked, could grow to a point where neighborhoods begin showing signs of blight. The state code provides legislation that enables localities to combat such conditions, among them includes authorization to establish a redevelopment and housing authority, contingent on passage of a ref-erendum dcmonstrating public support. This tool, \vhile not currently available, should be acquired as it cO\:1ld serve a vital role in protecting the qaality and ','alue of our physical en','ironment. Page 247 Policy H-2-3 In accordance with a public education process and procedures outlined by state la',',', acti'/ely pursue the goal of establishing a rede'/elopment and housing authority. Actively pursue the goal of establishing a community conversation on redevelopment in Virginia Beach. Page A-2 These following initiatives should be initiated in a timely manner for the purpose of implementing defined goals of the Comprehensive Plan. . Dialogue on Redevelopment and HmlSing ,,\uthority Purpose: Develop an effective public dialogue education program focusing on the purpose and need for a issue of redevelopment and housing authority in 'Virginia Beaeh in the City. This initiative affects a range of important community concerns. The proper course of action is to effectively address those concerns te the satisfaction of our citizens and to engage the citizens in discussing them with one another. 2 Item #12 City of Virginia Beach / Comprehensive Plan Amendment An Ordinance amending the Comprehensive Plan by deleting References for the establishment of a redevelopment and Housing authority and to redevelopment in general September 13,2006 REGULAR Joseph Strange: The next item is Item 12, the City of Virginia Beach Comprehensive Plan Amendment. An Ordinance amending the Comprehensive Plan by deleting the establishment of a redevelopment and housing authority and to redevelopment in general. Barry Knight: Mr. Scott. Would you address this for the City? Robert Scott: Yes sir. In short, City Council adopted a resolution, and you have a copy of it relating to the issue of a redevelopment of housing authority. One of the principal elements of it is that it provides you, and although the resolution that you have says 60 days and City Council subsequently changed that to 90 days, and you are within that 90- day frame to act on this, if you act today. The purpose of it is to be responsive in the Comprehensive Plan to the defeat a referendum in May, in which the question of an establishment of redevelopment and housing authority was to put the voters. It's the second time that has occurred. When we received this resolution, Tom Pauls and I talked with Chairman Knight, and we decided to enlist the assistance of Commissioner Ripley. If you recall, back in 2003, when the Planning Commission drafted the Comprehensive Plan, which was in accordance with State law, Mr. Ripley was instrumental in putting together the language that pertains to this particular part of the plan dealing with redevelopment. So, we thought his input would be very valuable, and indeed it was. As we went through this, we drafted some language, that you have in front of you, that is believed to be responsive and responsible regarding the issues that we have in front of us. As I indicated, the intention is to eliminate any recommendation that a redevelopment authority be established. In the drafting of it, we tried to continue noting the issue of redevelopment in the City. That is, the issue or redevelopment has been noted by the City Council as being an extremely important issue throughout the City. And indeed, redevelopment is occurring in the city at this moment. And certainly, any time you take the language that is in the Plan already, well crafted language, I think when the Plan in 2003 was adopted, you've got to make sure you leave in place the appropriate language that guides us, as it applies to redevelopment. And also, to recognize efforts in discussion that are already underway at this moment by the public on the issue of redevelopment. They have been invited to participate in a number of discussions on this, and they have done so. I think that it is important not to exclude that effort from our attention. The thrust ofthe language that you have in front of you is to establish one very important point. And that is that the future of a redevelopment authority in Virginia Beach is in the hands of the voters. You cannot have any redevelopment and housing authority unless the voters, in referendum choose to establish one, and they have not done so. That is the reality of it, and I think it's appropriate that the Plan recognizes that fact. So this language that you have in front of you is intended to balance the factors that I outlined to you. I think it does a good job ofthat. I am not saying that further adjustments couldn't be made or additional polishing or a few words here or there couldn't take place. I'm not saying that this is the absolutely last word in how to do this, but I do think it's a good attempt to balance the competing interests that are in front of us, and to be true to the many comments that the City Council has made over the last few years about the need to seriously consider our need to redevelop the city. So, with that, this is the language that we have arrived at, and have submitted to you for your review. If there are any questions, Tom and I are here to help address those. Barry Knight: Thank you Mr. Scott. Are there any questions ofMr. Scott at this time? Okay. Mr. Strange? Joseph Strange: Okay. Speaking in opposition we have Al Alablowich. Barry Knight: We1come AI. Al Alablowich: Good afternoon Mr. Chairman and members of the Planning Commission. My name is Al Alablowich. I'm a resident ofthe City of Virginia Beach. I have read the proposed changes to the Comprehensive Plan. I do find it to be non- responsive and inadequate for the following reasons. It does not remove references pertaining to the establishment of redevelopment and housing authority from the Comprehensive Plan. It does not remove references to the redevelopment housing authority in general as requested by City Council. The proposed change offers changes to three pages of the Comprehensive Plan. Pages 43, page 247 and H-2. There are actually five pages in the Comprehensive Plan that should be addressed. They are pages 31, 43, 237, 247 and A-2. As amplification, I offer the following. The Comprehensive Plan on page 31 states, and I'm not going to quote the whole thing, but "in other cases the intervention of the City will be necessary probably in the form of a redevelopment authority for further approval with the right of condemnation consistent with all other City objectives. We are virtually lacking the necessary tools to deal with it". This paragraph does not address the proposed change. Comprehensive Plan, page 43, has been changed to retain the concept of a redevelopment housing authority as a tool ofthe City but defers other action on obtaining these tools to the foreseeable future. Whatever that is. Should the circumstances of the City change. It enforces within the purview of the citizens to redevelop the issues they have before and to vote again on the issue. The proposed change adds comments pertaining to the 1996 and the 2006 referendum, which have been cited. This is a historical fact. Of course, it could be left in there, but the City Council direction, in the ordinance, has requested that you remove some references. The Comprehensive Plan, page 237, contains the statement "this tool" referring to the redevelopment housing authority, "are not currently available should be required". This paragraph does not address the proposed change. The proposed change should revise this statement, and the Comprehensive Plan, to comply with the City Council's directions to remove such references. Thank you Mr. Chairman. Barry Knight: Thank you Mr. Alablowich. Are there any questions of Mr. Alablowich? Ms. Anderson? Janice Anderson: Just that last one that you spoke of. Al Alablowich: Yes. I was on page 237. Janice Anderson: Okay. Could you? Al Alablowich: Yes. The statement beginning, "this tool", and read the complete paragraph. I'm reading a sentence, but if you read the complete paragraph, "This tool", which refers to redevelopment housing authority, while not currently available, should be acquired, as it could serve as a vital role in protecting the quality and value of our physical environment". That is what that paragraph is about. And, I'm saying your proposed change doesn't even address that paragraph. Barry Knight: Are there any other questions? Mr. Alablowich? Kind of cut right down to the nuts and bolts of it, we had a vote in 1996 that said no housing redevelopment authority. Al Alablowich: That is correct. Barry Knight: You had another one in 2 o crt. that said no housing redevelopment authority. Al Alablowich: That is correct. Barry Knight: What we would like to say is, as it is stated here, the future of the redevelopment authority is in the hands of the voters of Virginia Beach. We don't want to put it in the prerogative of the City Council, of any bureaucrats, of any state legislators, or anything. We want to state in this ordinance, we want to put it in the hands of the voters, because that is democracy at its purest form, and if the voters want to change their mind in 5, 10 or 15 years from now, that ought to be their prerogative. The rest of it in here is a little to the nuts and bolts of it. But, as long as these two sentences noting that without the passing of the referendum by the voters authorizing the activation of an authority, there can be none. So, it appears to me that is cut and dried. There just will not be a redevelopment authority unless the voters vote on it. That is where we, and I think you and I agree on this point that we would like to put it in the hands of the voters themselves. Al Alablowich: I agree with that. Barry Knight: That was just kind of my statement Mr. Alablowich. Al Alablowich: Yes Mr. Chairman, I do agree with you. Barry Knight: Thank you. Al Alablowich: Thank you. Barry Knight: Are there any more questions? Mr. Crabtree? Eugene Crabtree: Do we need that? It's a dead issue. It has already been voted on twice. It's gone. Do we even need to say that it is in the hands of the voters? The voters have already spoken twice about it. That is redundant. Barry Knight: We don't mind reiterating the facts. Eugene Crabtree: I'm just saying that it seems redundant to me. I'm just stating my opinion. It just seems redundant that it is in there at all. It's a dead issue since it has been voted on twice. I don't know. Al Alablowich: That is correct. In that particular paragraph, I think they're addressing it. In the other paragraph I just cited on page 237, it says, "if this should be acquired". "This tool should be acquired as it could serve a vital role in protecting the quality and value of physical environment". This paragraph is talking about acquiring. This is a matter of public policy. If that is the case, we still have within the Comprehensive Plan a statement of public policy that says, we will acquire a redevelopment housing authority. Read the page on 237. Barry Knight: Mr. Scott? Robert Scott: I think we need to differentiate between two kinds of statements. In a way, I actually agree with what Mr. Alablowich is saying on page 237. I'll tell you why. I think what we've endeavored to do is to include statements of fact. It's a fact that it is up to the voters. It's a fact that is has been turned down. It's a fact that if we have it we can do certain things and if you don't have it, you can't do other things. Those are important facts that policy may wish to know. The statement on page 237 is not a factual statement. It's a value statement. It is a different kind of statement. I don't think it will be a mistake to take that out. I really don't. I think I agree with what Mr. Alablowich was saying on that one. But I do feel that with regard to the thrust of what Mr. Knight and Mr. Ripley and Tom and I were trying to achieve in drafting this is that we do feel it is important to keep the important factual statements in there, even if they are redundant. Some people already know it. People who are policy makers and are looking at policy need to know what those important pertinent facts are. So, I guess I would supplement my recommendation a little by perhaps suggesting that Mr. Alablowich's thought regarding page 237 possibly be included. Barry Knight: Thank you. Is there any other discussion? Mr. Crabtree? Eugene Crabtree: On page 31, and other pages, the intervention of the City will be necessary probably in the form of a redevelopment authority. Okay. Ronald Ripley: With voter authority. Eugene Crabtree: Okay, with voter authority. I'm sorry. I quit reading before I should have. I apologize. Barry Knight: Ms. Anderson. Janice Anderson: It was just discussing on. Barry Knight: Is there any other questions for Mr. Alablowich? Thank you sir. Al Alablowich: Thank you very much Mr. Chairman. Barry Knight: I'll open it back up for discussion. Ms. Anderson? Janice Anderson: I think that the committee and Barry and Ron and Mr. Scott have done a good job. I am pleased with the changes, because I think it does need to be mentioned that it is a tool. This is a Planning document and what you're publishing is the Comprehensive Plan, and with the changes here, you're just recognizing that it is one of the tools that are used in redevelopment, and I think it is very clear that our Comprehensive Plan states that north of the Green Line, we have very little land that is undeveloped. So, we are going towards a redeveloping of the property, which is going to be the major focus here. But, I think it clearly states that if we don't have that tool yet. The citizens don't want that tool to be used; so, we use the other tools, so far as redevelopment is concerned. I agree with Mr. Alablowich on that page 237, that last one he quoted, that, like Mr. Scott, that probably needs to be either withdrawn or modified, and I would be in support of this proposal here with that addition. Barry Knight: Is there any other discussion? Mr. Ripley. Ronald Ripley: I think Jan said it best in that what is being recommended and what has always been recommended is the Comprehensive Plan is just a tool. One of the tools that a city the size of Virginia Beach needs to consider from time to time, if they have to, if they have issues they have to address. The idea of not having that or foreclosing any consideration of that, I think from a Planning Commission, City Council may choose to ignore it, and that is fine, but I think from a Commission advising City Council, I think it's prudent to include it. Hopefully, the public will see very clear what the City's direction is, as far as using this particular tool at this time. So, hopefully, that is the way it is perceived in the community. Barry Knight: Ms. Anderson would you like to tell us your motion or make it in the way of a motion? Janice Anderson: Yes. I would like to make a motion to approve the amendment as written in Exhibit "A", with an addition to either withdraw the sentence regarding redevelopment and housing being acquired on page 237. Barry Knight: Thank you. I have a first. Do I have a second? Ronald Ripley: I'll second it. Barry Knight: Mr. Ripley has a second. I'll open it up back for discussion on this. I would like to say one thing. Mr. Alablowich, we appreciate citizens looking over us, and helping us with this, and as you can see, we have taken your comments to heart. We thank you for your participation. There is a motion on the floor made by Jan Anderson, and a second by Ron Ripley, to approve the City of Virginia Beach Comprehensive Plan Amendment with taking out references to housing and redevelopment authority on page 237. Is there any other discussion? I'll cal for the question. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIV AS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABSENT 2 ABSENT ABSENT Ed Weeden: Bya vote of 9-0, the Board has approved the City of Virginia Beach Comprehensive Pan Amendment as amended. Joseph Strange: Mr. Chairman, there are no further items. Barry Knight: Thank you. The meeting is adjourned. K. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BUILDING CODE OF APPEALS - New Construction INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA L. UNFINISHED USINESS M. NEW BUSINESS N. ADJOURNMENT