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OCTOBER 24, 2006 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At -Large VICE MAYOR LOUIS & JONES, Boyside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM DYER,, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach — District 6 RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA C17Y MANAGER - JAMES K. SPORE CHYATTORNEY- LESLIEL. LILLEY CiTYCLERK- RUTH HODGES SMI7H MUC 24 OCTOBER 2006 1. CITY MANAGER'S BRIEFING A. PUBLIC VOICES on REDEVELOPMENT Betsy McBride, Project Team Leader II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE. -(757)385-4303 FAX(757)385-5669 E- MAIL: Ctycncl@vbgov.com - Conference Room - 2:OOPM 11 - Conference Room - 3:30PM 11 V. FORMAL SESSION - Council Chamber - 6:OOPM A. CALL TO ORDER — Mayor Meyera E. Oberndorf INVOCATION: Mr. John Boyer, Pastor Church of Christ at Creeds B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF CLOSED SESSION E. MINUTES INFORMAL and FORMAL SESSIONS F. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Richmond 20MHz, LLC, d/b/a Ntelos at 2061 Chicory Street G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA 1. RESOLUTION/ORDINANCES October 10, 2006 1. A Resolution to ESTABLISH an EMPLOYEE BENEFITS REVIEW TASK FORCE to serve in an advisory capacity to City Council 2. Ordinance to AUTHORIZE execution of a lease with Richmond 20MHz, LLC d/b/a NTELOS re wireless telecommunication facilities at 2061 Chicory Street (DISTRICT 7 — PRINCESS ANNE) 3. Ordinance to AUTHORIZE acquisition of property at 225 17th Street (Pepper's Restaurant), either by agreement or condemnation, in fee simple for the sum of $900,000 (DISTRICT 6 — BEACH) 4. Ordinance to AUTHORIZE temporary encroachments: a. Into the City's right-of-way, (known as Dinwiddie Road, Dupont Circle and Bay Drive) by BAYVISTA PROPERTIES, LLC, to construct and maintain a keystone retaining wall with railing, wooden walkway and steps at 3800 Dupont Circle. (DISTRICT 4 — BAYSIDE) b. Into the City's right-of-way by INDIAN RIVER WOODS HOMEOWNERS ASSOCIATION, INC., to maintain existing landscaping, underground irrigation system and portion of a fence with brick columns at Indian River Road and Deep Water Way. (DISTRICT I - CENTERVILLE) 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $5,392,061 in FY -2005-06 School Reversion Funds to the FY 2006-07 School's Budget b. $1,218,456 in additional ftmds from the FY 2006-07 General Fund Reserve for Contingencies to FY 2006-07 Budget for Revenue Reimbursements re Tax Exemption for the Elderly and Disabled to fully :ftmd the program c. Virginia Department of Motor Vehicles (DMV) to the Police's FY 2006-07 Budget: 1. $45,000 re lectures to demonstrate the consequences of Driving Under the Influence (DUI) 2. $12,600 re conducting presentations on seatbelt usage laws within high schools d. $30,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-07 Budget for reimbursement of expenses for individual deployment of a member of Virginia Task Force 2 re assisting State of Louisiana with their search and rescue plan e. $29,353 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2006-07 Budget of the Department of Museums and Cultural Arts re medical care, holding facilities, and transport for live marine animal strandings f. $25,000 from the Virginia Department of Conservation and Recreation and $12, 100 from Agriculture to the FY 2006-07 Planning and Community Development Budget re restoration of existing riparian shoreline buffers, printing of an educational fact sheet and an information kiosk at Lynnhaven Middle, Brookwood and Plaza Elementary schools in the Lynnhaven River watershed. g. $25,000 from the National Fish and Wildlife Foundation to the FY 2006-07 Budget of Planning and Community Development re restoration of a fish habitat in Stumpy Lake Natural Area J. PLANNING Application of S & R PROPERTIES, L.L.C. for a Modification of Condition #4 of a Conditional Use Permit for a bingo hall, re changing the days of operation, at 4933 Cleveland Street. (approved on January 26, 1999 and modified February 25, 2003), (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of CHECKERED FLAG MOTOR CAR COMPANY for Modification of Conditions and Proffers to allow expansion of existing buildings and parking modifications at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue (Approved October 23, 2001, and modified March 8, 2005, and April 25, 2006) (DISTRICT 2 - KEMPSVILLE). RECOMMENDATION: APPROVAL 3. Application of JOHN H. and JENNIFER M. NEUMANN for the closinz vacatin-a an discontinui of an alley to incorporate the right-of-way into their ad oining residential lots i at 664 South Atlantic Avenue (Croatan Beach). (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of OCEANSIDE ENTERPRISES, INC. for a Conditional Use Permit for firewood preparation/mulch processing at North Landing Road, and Indian River Road, opposite Heffington Drive (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of VIRGINIA BEACH INVESTMENT COMPANY for a Conditional Use Permit for a mini warehouse -self storage facility at 1025 College Park Boulevard. (DISTRICT I - CENTERVILLE) RECOMMENDATION: APPROVAL 6. Application of LAGO MAR ASSOCIATES, L.L.C. for a Change of Zoning District Classiflcation from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way and intersection with Nimmo Parkway to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDATION September 26, and October 10, 2006 APPROVAL 7. Applications of SALEM ROAD ASSOCIATES (formerly VA -CAR DEVELOPMENT, LLQ at Salem and North Landstown Roads: (PRINCESS ANNE - DISTRICT 7) a. Variance to § 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. Chan --e of Zonin-a District Classification from AG -1 and AG -2 Agricultural to Conditional R-10 Residential DEFERRED October 10, 2006 DEFERRED INDEFINITELY March 23, 2004 STAFF RECOMMENDATION DENIAL (Application does not comply with Comprehensive Plan dwelling unit density in the ITA) 8. Application of CHESAPEAKE ATLANTIC, LLC, for a Change of Zoning District Classification from -1-1 Light Industrial and R-10 Residential to Conditional 1-1 Light Industrial for office -warehouses at 173 and 177 South Birdneck Road and 1228 Jenson Drive (DISTRICT 6 - BEACH) RECOMMENDATION: 9. Application of OXFORD PROPERTIES, LLC, for a ChaMe of Zonink Distric Classification from B-2 Community Business to Conditional A-24 Apartment District re 180 units at Centerville Turnpike and Indian River Road (DISTRICT I - CENTERVILLE) RECOMMENDATION: APPROVAL 10. Ordinance to AMEND the Comprehensive Plan re deletion of references to establishment of a Redevelopment and Housing Authority (referred by City Council to the Planning Commission on June 27, 2006) K. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA WETLANDS BOARD 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 10/24/06/st www.vbgov.com 1. CITY MANAGER'S BRIEFING - Conference Room - 2:OOPM PUBLIC VOICES on REDEVELOPMENT Betsy McBride, Project Tearn Leader II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 3:30PM V. FORMAL SESSION - Council Chamber - 6:OOPM A. CALL TO ORDER — Mayor Meyera E. Obemdorf INVOCATION: Mr. John Boyer, Pastor Church of Christ at Creeds B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF CLOSED SESSION E. MINUTES INFORMAL and FORMAL SESSIONS October 10, 2006 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. F. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Richmond 20MHz, LLC, d/b/a Ntelos at 2061 Chicory Street NOTICE OF PUBLIC HEARING On Tuesday, October 24, - 2006, at 6:00 p.M., in Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a PUBLIC HEAR- ING concerning the proposed lease of a portion of City property at 2061 Chicory Street, Virginia Beach, Virginia (GPIN 1492806150000). The proposed lease area consists of a site to be used for a build- ing housing equipment to be used in conjunction with wireless communication facilities operated by Richmond 20MHz, LLC, d/b/a Ntelos. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE - at 427-4303. Any questions concerning this matter should be directed to the City Attorney's Office at (757) 385-4531. Ruth, Hodges Smith, MMC City Clerk Beacon October 15, 2006 15946841 RESOLUTION/ORDINANCES 1. A Resolution to ESTABLISH an EMPLOYEE BENEFITS REVIEW TASK FORCE to serve in an advisory capacity to City Council 2. Ordinance to AUTHORIZE execution of a lease with Richmond 20MHz, LLC d/b/a NTELOS re wireless telecommunication facilities at 2061 Chicory Street (DISTRICT 7 — PRINCESS ANNE) 3. Ordinance to AUTHORIZE acquisition of property at 225 17'h Street (Pepper's Restaurant), either by agreement or condemnation, in fee simple for the sum of $900,000 (DISTRICT 6 — BEACH) 4. Ordinance to AUTHORIZE temporary encroachments: a. Into the City's right-of-way, (known as Dinwiddie Road, Dupont Circle and Bay Drive) by BAYVISTA PROPERTIES, LLC, to construct and maintain a keystone retaining wall with railing, wooden walkway and steps at 3800 Dupont Circle. (DISTRICT 4 — BAYSIDE) b. Into the City's right-of-way by INDIAN RIVER WOODS HOMEOWNERS ASSOCIATION, INC., to maintain existing landscaping, underground irrigation system and portion of a fence with brick columns at Indian River Road and Deep Water Way. (DISTRICT I CENTERVILLE) 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $5,392,061 in FY -2005-06 School Reversion Funds to the FY 2006- 07 School's Budget b. $1,218,456 in additional ftmds from the FY 2006-07 General Fund Reserve for Contingencies to FY 2006-07 Budget for Revenue Reimbursements re Tax Exemption for the Elderly and Disabled to ftilly fund the program c. Virginia Department of Motor Vehicles (DMV) to the Police's FY 2006-07 Budget: 1. $45,000 re lectures to demonstrate the consequences of Driving Under the Influence (DUI) 2. $12,600 re conducting presentations on seatbelt usage laws within high schools d. $30,000 from the Federal Emergency Management Agency (FENU) to the Fire Department's FY 2006-07 Budget for reimbursement of expenses for individual deployment of a member of Virginia Task Force 2 re assisting State of Louisiana with their search and rescue plan e. $29,353 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2006-07 Budget of the Department of Museums and Cultural Arts re medical care, holding facilities, and transport for live marine animal strandings f. $25,000 from the Virginia Department of Conservation and Recreation and $12,100 from Agriculture to the FY 2006-07 Planning and Community Development Budget re restoration of existing riparian shoreline buffers, printing of an educational fact sheet and an information kiosk at Lynnhaven Middle, Brookwood and Plaza Elementary schools in the Lynnhaven River watershed. g. $25,000 from the National Fish and Wildlife Foundation to the FY 2006-07 Budget of Planning and Community Development re restoration of a fish habitat in Stumpy Lake Natural Area CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing an Employee Benefits Review Task Force MEETINGDATE: October24,2006 0 Background: Benefits for City and Virginia Beach Public Schools employees represent a significant portion of the City's operating budget. City Council would be aided in making budgetary decisions if it was provided with an analysis that balances the City's need to attract and retain a highly professional and competent work force with the City's ability to financially support the cost of such benefits. E Considerations: The Resolution creates an Employee Benefits Review Task Force comprised of eleven members with extensive experience with employee benefits and retirement plans. The Task Force will review current employee benefits and compare them with benefits offered by other governmental entities and by private businesses. The Task Force will then prepare recommendations regarding the most appropriate package of employee benefits and shall report its findings to City Council no later than February 1, 2007. IN Public Information: The item is to be advertised in the normal manner of agenda items. 0 Attachments: Resolution Requested by: Councilmernber DeSteph Requested by Councilmember Bill DeSteph A RESOLUTION ESTABLISHING AN EMPLOYEE BENEFITS REVIEW TASK FORCE 1 WHEREAS, benefits for City and School employees represent a 2 significant portion of the City's operating budget; and 3 WHEREAS, it would be beneficial to balance the City's need 4 to attract and retain a highly professional and competent work 5 force with the City's ability to financially support the cost of 6 such benefits; and 7 WHEREAS, an analysis of employee benefits and alternative 8 benefit options would aid the City Council in making budgetary 9 decisions about such benefits. 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That City Council hereby establishel the Employee 13 Benefits Task Force (the "'Task Force"); 14 2. That the members of the Task Force shall be comprised 15 of eleven members, appointed by City Council, to include two 16 members of City Council, three business professionals, a 17 representative from the School Board, a Public Safety employee, 18 an additional City employee representative, and three subject 19 matter experts (one City staff person, one expert from the 20 private sector, and one general benefits expert). All of the 21 appointees shall have extensive experience in matters involving 22 employee benefits and retirement plans; 23 3. That the Task Force shall serve in an advisory 24 capacity.to City Council; 25 4. That the Task Force shall: 26 a. review the package of benefits provided by the 27 City and Virginia Beach Public Schools; 28 b. compare the current level and type of employee 29 benefits to those provided by other governmental entities 30 and by private businesses; 31 C. identify -and examine alternative benefit options 32 and approaches in order to balance the community's need to 33 attract and retain a highly professional and competent work 34 force with the community's ability to financially support 35 the cost of such benefits; 36 d. examine the potential for increased efficiency 37 with respect to both benefits offered and the 38 administration of those benefits; and 39 e. prepare a report to the City Manager and the City 40 Council on the Task Force's analysis and present a series 41 of recommendations regarding the most appropriate package 42 of employee benefits; and 43 f. outline approaches to transition from the current 44 package of benefits to any proposed alternative benefit 45 package. 46 5. That the City Manager shall provide necessary staff 47 support to assist the Task Force in the completion of its 48 charge; and 49 6. That the Task Force shall report its findings to City 50 Council no later than Februaxy 1, 2007. Upon presentation of 51 its findings, the Task Force shall sunset, unless specifically 52 extended by City Council. 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia on the , day of —, 2006. Approved as to Legal Sufficiency: City Attorney s Office CA10193 V:\applications\citylawprod\cycom32\Wpdocs\DO19\PO01\0022236.DOC October 19, 2006 R2 A 0 gg CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing The City Manager To Execute a Lease Between Richmond 20MHz, LLC, d/b/a NTELOS and the City for Certain Property to be Used for Wireless Telecommunications Facilities MEETING DATE: October 24, 2006 E Background: For approximately the last ten years, Richmond 20MHz, LLC, d/b/a NTELOS (or its predecessor, PCS PrimeCo), has leased from a private party a small site located at 2061 Chicory Street, an unimproved right-of-way running north from Monet Drive, for purposes of maintaining a small building housing equipment used in conjunction with a cell tower antenna located on a Dominion Virginia Power transmission tower adjacent to the area to be leased. The site is not visible from any improved street, and the City has no plans to improve Chicory Street. The City recently acquired the property as part of the Southeastern Parkway & Greenbelt Project, and NTELOS has requested that the City enter into a new lease with it to allow it to continue to use the facilities. The existing building and antenna were authorized by a conditional use permit for the site granted by the City Council in 1998, and were constructed shortly thereafter. E Considerations: The proposed lease is for the area on which the existing equipment building is located, together with necessary access and maintenance easements. Because the antenna itself is located on an existing Dominion transmission tower, no lease is needed for the antenna. The only physical change to the site would be the installation of continuous Category 1 landscaping to be planted around the perimeter of the site and maintained in good condition at all times. No expansion or relocation of any of NTELOS's facilities are contemplated or even allowed absent City approval. The proposed lease is for a term of five (5) years and may be renewed only by mutual consent. For that reason, the proposed lease does not have to be the subject of a bid process. During the term of the lease. no municipal use of the property, including the construction of the Southeastern Parkway itself, is contemplated; for that reason, the lease is a means of realizing income from the property that would not otherwise exist. The proposed rent is $6,000 per year with annual increases of 3%, a considerably greater amount than the nominal rent paid to the prior landlord. Other of the material terms are set forth in the attached Summary of Material Terms. 0 Public Information: The public hearing on the proposed lease has been advertised in accordance with applicable requirements of law. 0 Alternatives: The City Council may either approve or disapprove the proposed lease. Given that (1) the proposed [eased area is small and not visible from any improved street; (2) the site has been in use since approximately 1998 with no adverse impact on City operations; (3) the sole change to the appearance of the site will be a beneficial one (i.e., the addition of Category 1 landscaping); and (4) there is no other potential use of the property until the construction of the Southeastern Parkway, which will certainly not occur within the 5 -year term of the lease; and (5) the rent to be received by the City provides income from the property not otherwise possible, the Staff recommends approval of the lease. 0 Recommendations: Adoption of ordinance. IN Attachments: Ordinance, Summary of Material Terms. A full copy of the lease is available in the City Attorney's Office. Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estate FX '0/1.3/4 City Manager-Q� �� V_ - �59 Mit, 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE BETWEEN RICHMOND 3 20MHZ, LLC, D/B/A NTELOS AND THE CITY FOR 4 CERTAIN PROPERTY TO BE USED FOR WIRELESS 5 TELECOMMUNICATIONS FACILITIES 6 7 8 WHEREAS, the City of Virginia Beach (the *"City") is the 9 owner of certain property (the "Property") located at 2061 Chicory 10 Street, (Princess Anne District), on which an electrical 11 transmission tower containing wireless telecommunications 12 facilities, consisting of an antenna array located on the said 13 tower and a building housing accessory equipment, are located; and 14 WHEREAS, Richmond 20MHZ, LLC, d/b/a NTELOS ("NTELOS"), is desires to lease a portion of the Property, together with easements 16 for vehicular and pedestrian access and the installation, 17 maintenance and replacement of necessary utilities, wiring, cables 18 and other conduits, for purposes of maintaining and operating the 19 existing accessory building housing equipment used in conjunction 20 with the aforesaid antenna array; and 21 . WHEREAS, City staff has determined that the Property is 22 suitable for such purposes; and 23 WHEREAS, subject to the approval of the City Council, 24 NTELOS and City staff have agreed upon the terms of a proposed 25 lease setting forth the responsibilities and obligations of the 26 parties; 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the City Manager is hereby authorized and directed 30 to execute, on behalf of the City, the lease entitled GROUND LEASE 31 AGREEMENT (CHICORY STREET SITE), CITY OF VIRGINIA BEACH, LESSOR AND 32 RICHMOND 20MHZ, LLC, D/B/A NTELOS, a summary of the material terms 33 of which is hereto attached and a copy of which is on file in the 34 Office of the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the day of 01 2006. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CA -10184 OID\Land Use\telecomm\ntelos lease ord.doc R-1 October 13, 2006 APPROVED AS TO CONTENT: wj.vwc - 4." - E�iblic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: mad Mty Attorney's Office K NTELOS LEASE AGREEMENT Summary of Material Terms Location: 2061 Chicory Street, north of Monet Drive (Princess Anne District) Use: Continue pre-existing use of a building housing equipment used in conjunction with wireless telecommunications antenna located on electrical transmission tower adjacent to leased area Lessee: Richmond 20MEz, LLC, d/b/a/ NTELOS Leased Area: As shown on lease exhibit, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment Term: Five years with tight of renewal only by mutual consent Rent: $6,000 per year (first year); 3% annual increase after I st year Other: Lessee's operation not to interfere with City :ftmctions; Lessee must correct interference immediately or, if not correctable, lease may be terminated within 30 days Lessee may expand, etc. building only with City's consent Lessee required to comply with all terms of conditional use permit Lessee required to carry $ 1,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence, etc. Lessee must remove antennas and building and restore premises to original condition within 90 days of expiration or termination of lease Lessee must plant Category I Landscaping around entire perimeter of building CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize the acquisition of real property located at 225 17 th Street, from 17 th Street Associates, L.L.P., a Virginia general partnership. MEETING DATE: October 24, 2006 Background: 17 th Street Associates, L. L. P., has expressed an interest in selling 7,000 square feet (0. 16 acres) of land and improvements thereon located at 225 17 th Street to the City of Virginia Beach. Considerations: The City has pursued the acquisition of the fee simple interest in the property for Various Site Acquisitions, CIP 3-368, and has reached an agreement with the owners to buy the property for $900,000. The property is located on the southeast corner of the intersection of Pacific Avenue and 17 th Street in Virginia Beach, Virginia, and was previously operated as Pepper's Restaurant. Public Information: Advertisement of City Council Agenda Alternatives: Approve the acquisition as presented or deny the acquisition. Recommendations: Approve the acquisition as set forth in the attached Summary of Terms. Attachments: Ordinance, Location Map and Summary of Terms Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate grr- City Manager 5::� k- , o&c�� 1 AN ORDINANCE TO AUTHORIZE THE PURCHASE OF 2 APPROXIMATELY 0.16 ACRES OF PROPERTY 1h 3 LOCATED AT 225 17 STREET IN THE CITY OF 4 VIRGINIA BEACH FROM 17 th STREET 5 ASSOCIATES, L.L.P. 6 7 8 9 WHEREAS, 17 th Street Associates, L.L.P. owns approximately 0.16 10 acres of real estate located at 225 17 th Street in the City of 11 Virginia Beach, Virginia (the ""Property") as shown on Exhibit ""A" 12 attached hereto; 13 WHEREAS, the City Council of the City of Virginia Beach, 14 Virginia (the "'City Council") is of the opinion that the 15 acquisition of the Property would be in the best interests of the 16 City of Virginia Beach; 17 WHEREAS, the City staff has negotiated an agreement to 18 purchase the Property for $900,000; and 19 WHEREAS, funding for this acquisition is available in the 20 Various Site Acquisitions CIP account (CIP 3-368). 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 1. That the City Council authorizes the acquisition of 24 the Property shown on the location map attached hereto as Exhibit 25 "A". 26 2. That the City Manager or his designee is authorized 27 to execute on behalf of the City of Virginia Beach, a Purchase 28 Agreement for the Property, for the sum of $900,000 and in 29 accordance with the terms contained in the Summary of Terms 30 attached hereto as Exhibit B. 31 3. That the City Manager or his designee is further 32 authorized to execute all documents that may be necessary or 33 appropriate in connection with the purchase of the Property, so 34 long as such documents are acceptable to the City Manager and the 35 City Attorney. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the day of CA10123 V:\applications\citylawprod\cycom32\Wpdocs\DO 1 8\POO I \00022113.]DOC R-1 10/18/2006 , 2006. APPROVED AS TO CONTENT " C) - ou. ".., tublic Works/Real Estate %--T- APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office EXHIBIT A Prepared by P.W./Eng./Eng. Support Services Bureau 5/3106 X:\Projects\ARC Files\Agenda Maps\l fttl bt EXHIBIT B SUMMARY OF TERMS AGREEMENT FOR THE PURCHASE OF APPROXIMATELY 0.16 ACRES OF PROPERTY LOCATED AT 225 17' STREET IN THE CITY OF VIRGINIA BEACH OWNER: 17TH Street Associates, L. L. P. BUYER: City of Virginia Beach PROPERTY: Approximately 0. 16 acres of property located at 225 17 th Street in the City of Virginia Beach, Virginia SALE PRICE: $900,000.00 at Settlement by check. SETTLEMENT DATE: On or before October 24, 2006. SPECIAL TERMS AND CONDITIONS: 0 None V:\applications\citylawprod\cycom32\Wpdocs\DO I STOO 1 \00022125. DOC p LOCATION MAP PROPOSED KEYSTONE RETAINING WALL WITH RAILING AND WOODEN WALKWAY AND STEPS, FOR BAYVISTA PROPERTIES, LLC w"&\Vxlqwlffi ranared bv P-W-/Eno./Ena. Suo[)ort Services Bureau 9/12/06 M.J.S. X:\Projects\ARC Files\Agenda Maps\Bayvista Condominium\Bayvista Condominium.mxd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of the City rights-of-way known as Dinwiddie Road, Dupont Circle, Bay Drive and property of the City of Virginia Beach (GPIN 1489-59-3432) by Bayvista Properties LLC, a Virginia limited liability company MEETING DATE: October 24, 2006 0 Background: Bayvista Properties LLC, a Virginia limited liability company, has requested permission to construct and maintain a keystone retaining wall with railing within a portion of the City right-of-way known as Dinwiddie Road and a wooden walkway and steps within portions of the City rights-of-way known as Dinwiddie Road, Dupont Circle and Bay Drive and property of the City of Virginia Beach (GPIN 1489-59-3432) all adjacent to its property located at 3800 Dupont Circle, Virginia Beach, Virginia 23455 (GPIN 1489-59-0197). Considerations: 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 encroachments as presented, deny the encroachments, or add conditions as desired by Council. Recommendations: Approve the request subject to the terms and conditions of the Agreement. Attachments: Ordinance, Agreement, Plat, Photographs and Location Map. Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate �64 eor)%'U� City Manager: �� k— &"�' 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF THE CITY RIGHTS -OF - 6 WAY KNOWN AS DINWIDDIE ROAD, 7 DUPONT CIRCLE, BAY DRIVE AND 8 PROPERTY OF THE CITY OF VIRGINIA 9 BEACH (GPIN 1489-59-3432) BY 10 BAYVISTA PROPERTIES LLC, A 11 VIRGINIA LIMITED LIABLITY 12 COMPANY 13 14 WHEREAS, Bayvista Properties LLC, a Virginia limited 15 liability company, desires to construct and maintain a keystone 16 retaining wall with railing within a portion of the City right - 17 of -way known as Dinwiddie Road, and a wooden walkway and steps 18 within a portion of the City rights-of-way known as Dinwiddie 19 Road, Dupont Circle and Bay Drive and property of the City of 20 Virginia Beach (GPIN 1489-59-3432) all adjacent to its property 21 (GPIN 1489-59-0197) located at 3800 Dupont Circle, Virginia 22 Beach, Virginia 23455. 23 WHEREAS, City Council is authorized pursuant to §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 25 authorize temporary encroachments upon the City's rights-of-way 26 and property subject to such terms and conditions as Council may 27 prescribe. 28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That pursuant to the authority and to the extent thereof 31 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 32 as amended, Bayvista Properties LLC, a Virginia limited 33 liability company, its assigns and successors in title are 34 authorized to construct and maintain temporary encroachments for 35 a keystone retaining wall with railing and a wooden walkway and 36 steps in the City's rights-of-way and on City property as shown 37 on the map marked Exhibit "A" and entitled: "'ENCROACHMENT/BEACH 38 ACCESS EXHIBIT FOR BAYVISTA CONDOMINIUM", a copy of which is on 39 file in the Department of Public Works and to which reference is 40 made for a more particular description; and 41 BE IT FURTHER ORDAINED, that the temporary encroachments 42 are expressly subject to those terms, conditions and criteria 43 contained in the Agreement between the City of Virginia Beach 44 and Bayvista Properties LLC, a Virginia limited liability 45 company, (the "Agreement"), which is attached hereto and 46 incorporated by reference; and 47 BE IT FURTHER ORDAINED, that the City Manager or his 48 authorized designee is hereby authorized to execute the 49 Agreement; and 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 51 effect until such time as Bayvista Properties LLC, a Virginia 52 limited liability company, and the City Manager or his 53 authorized designee executes the Agreement. 54 Adopted by the Council of the City of Virginia Beach, 55 Virginia-, on the day of J, 2006. CA -10107 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10117 Bayvista Properties, LLC.doc V:\applications\citylawprod\cycom32\Wpdocs\DO21\PO01\00020718.DOC R-1 PREPARED: 09/12/06 APPROVED AS TO CONTENTS '�_ omf� C . �(" < 64% PoReal Estate APPROVED AS TO LEGAL SUFFICIENCY AND FORM ITY-ATTORNEY PREPARED BY VIRGMIA BEACH CITY ATTORNEYS OFFICE EXEAffq'ED FROM RECORDAT10N TAXES UNDER SECTION 58.1-81 I(C) (4) THIS AGREEMENT, made this 6h day of September, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BAYVISTA PROPFERTIES LLC, a Virginia limited liabilfty ggMkanL and ITS ASSIGNS AND SUCCESSORS 19 TITLE, "Grantee". W I T N E S S E T H: That, V4MREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 'X' TOTAL AREA = 46,807 SF OR 1.075 AC GPIN 1489-59-019T' as shown on that certain plat entitled: "RESUBDIVISION PLAT OF LOTS 1-6 (BLOCK 12) PLAT OF SECTION "B" OF OCEAN PARK (M.B. 5, P. 137) VIRGINIA BEACH, VIRGINIA NOVEI�IBER 3, 1998" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 273, at Page 19, and being further designated, known, and described as 3800 Dupont Circle, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a keystone retaining wall with railing and a wooden walkway and steps, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN's 1489-59-0197,1489-59-3432 and CITY RIGHT OF WAY — NO GPIN REQUIRED ORASSIGNED WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that- the Grantee encroach into portions of existing City rights of way and property known as Dinwiddie Road, Dupont Circle, Bay Drive and GPIN 1489-59-3432, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment wilhin 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 hereby grants 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: "ENCROACHMENT/BEACH ACCESS EYMIT FOR BAYVISTA CONDOMNIUM". Said plat is dated 08/29/06, 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, and Grantee shall bear all costs and expenses of such removal. 2 It is ftirther 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 Gran -tee 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 construction, 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 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/utility easement permit, the Grantee must post a bond or other security, in the amount of two 3 times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. 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 construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the mini'mum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submi't 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 El 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 BAYVISTA PROPERTIES LLC, a Virginia limited liability company, has caused this agree-ment to be executed by STEPHEN B. BALLARD, JOSEPH C. BILBO, PAUL T. LITTLEFIELD and ANN E. MASON, Managers of BAYVISTA PROPERTIES LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk LM 5 CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager LO -A STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BAYVISTA PROPERTIES LLC, a Virginia limited liability company Manager JOS.tPff C. BILBO, Manager PAUL T. LEFVIELManager ANN E. MASON, Manager The foregoing instrument was acknowledged before me this day of 5 2006, by . CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER My Commission Expires: Is Notary Public 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 OUNTY OF to -wit: The foregoing instrument was acknowledged before me this day of 1S#fttkr , 2006, by STEPHEN B. BALLARD, Manager on behalf of BAYVISTA PROPERTIES LLC, a Virginia limited liability company. ot ary Public MyComrnissionExpires:d.ft "--'aoveft�xr STATE OF _� , to-wi COUNTY OFVI&;j (_ 9T, it: The foregoing instrument was acknowledged before me this day of 2006, by JOSEPH C. BILBO, Manager on behalf of BAYVISTA PROPERTIES LLC, a Virginia limited liability company. My Commission Expires:Nom6r 30, Z0(0 7 &�" �otarvy Public SIAIE OF COUNTY OF �V4 (A_tiL3&gh, to -wit: The foregoing instrument was acknowledged before me this day of T�k'�v 5 2006, by PAUL T. LITTLEFIELD, Manager on behalf of BAYVISTA PROPERTIES LLC, a Virginia limited liability company. L&"'An'&jAk_1 . 146tary Public My Commission Expires:40vcmix r 20, ?A (0 51AT,E OF rCITY/_b,'OUNTY OF fvl(�k to -wit: v The foregoing instnunent was acknowledged before me this day of 2006, by ANN E. MASON, Manager on behalf of BAYVISTA PROPERTIES LLC, a Virginia limited liability company. My Commission Expires: gWeM�Cj( 3DIU16 APPROVED AS TO CONTENTS '�'r� C. i "C) SWNATURE I NO ka� V�b_ DEPARTMENT NStary Public APPROVED AS TO LEGAL FFICIENCY AND FORM k X:\Projects\Encroachments\Applicants\Bayvista Properties LLC - Dinwiddie Rd, etc\Encroachment Agreement #I.doc F'. I 0 LL. 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US (z _0 IS rn "tit O�r IDO mc INN, Fir TO ci *Ilk -"RIO ii, . , � I t., � i� �, pe 4-A r'n- -"RIO ii, . , � I t., � i� �, pe 4-A N. IN htkl�- 1 7 LOCATION MAP ENCROACHMENT REQUEST FOR INDIAN RIVER WOODS HOMEOWNER ASSOCIATION FOR LANDSCAPING AND IRRIGATION SYSTEM INDIAN RIVER ROAD AND DEEPWATER WAY K ----------------- V 'A 0 100 200 400 Feet Prepared by P.W./Eng./Eng. Support Services Bureau 2/14/06 XAProjects\ARC Files\Agenda Maps\lndian River Woods\IRW.Mxd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right of way known as Indian River Road, by Indian River Woods Homeowners Association, Inc., a Virginia non -stock corporation. MEETING DATE: October 24, 2006 E Background: Indian River Woods Homeowners Association (the "Association") requests permission to maintain existing landscaping, an underground irrigation system, and a portion of alence with brick columns, in a portion of the City's right of way known as Indian River Road. Landscaping and street trees were originally part of the Subdivision Construction plans. The Association later requested that the City allow a variance to the street trees in the subdivision. The variance was approved by the City and included an allowance for landscaping along Indian River Road and at the entrance of the subdivision. The original construction plans of April 11, 2002 showed a 6 -foot landscaping easement along Indian River Road. The construction plans were revised on January 31, 2005, to change the type of fence in the landscape easement from vinyl to picket and brick columns. On both plans, the landscaping was not in the right-of-way. The Association, prior to finalizing the encroachment process, installed the landscaping, an underground irrigation system, and a portion of a fence into the City's right of way known as Indian River Road, and not within the 6 -foot landscape easement. Now, the Association is requesting permission to maintain the above referenced encroachments. N Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In the past, Council has approved encroachments for landscaping and underground irrigation systems for subdivision associations within the City rights of way. E Public Information: Advertisement of City Council Agenda 0 Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. 0 Recommendations: Approve the request subject to the terms and conditions of the Agreement. N Attachments: Ordinance, Agreement, Plat, Location Map and Pictures. Recommended Action: Approval of the ordinance. Submitting DepartmentlAgency: Public Works/Real Estate rx jo..0- City Manager: <z6v--ft, Y, N 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 INDIAN RIVER ROAD 8 BY INDIAN RIVER WOODS 9 HOMEOWNERS ASSOCIATION, A 10 VIRGINIA NON -STOCK CORPORATION 11 12 13 WHEREAS, Indian River Woods Homeowners Association, Inc., a 14 Virginia non -stock corporation, desires to maintain existing 15 landscaping, an underground irrigation system, and a portion of 16 a fence with brick columns within a portion of the City's right 17 of way known as Indian River Road. 18 WHEREAS, City Council is authorized pursuant to §§ 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 20 authorize temporary encroachments upon the City's rights of way 21 subject to such terms and conditions as Council may prescribe. 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof 25 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 26 as amended, Indian River Woods Homeowners Association, Inc., a 27 Virginia non -stock corporation, its assigns and successors in 28 title are authorized to maintain existing temporary 29 encroachments for landscaping, an underground irrigation system, 30 and a portion of a fence with brick columns, located in a 31 portion of the City's right of way as shown on the map marked 32 Exhibit "A" and entitled: "'LANDSCAPE ENCROACHMENT SUBDIVISION 33 OF INDIAN RIVER WOODS VIRGINIA BEACH, VIRGINIA," a copy of which 34 is on file in the Department of Public Works and to which 35 reference is made for a more particular description; and 36 BE IT FURTHER ORDAINED, that the temporary encroachments 37 are expressly. subject to those terms, conditions and criteria 38 contained in the Agreement between the City of Virginia Beach 39 and Indian River Woods Homeowners Association, Inc., a Virginia 40 non -stock corporation, (the "'Agreement"), which is attached 41 hereto and incorporated by reference; and 42 BE IT FURTHER ORDAINED, that the City Manager or his 43 authorized designee is hereby authorized to execute the 44 Agreement; and 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 46 effect until such time as Indian River Woods Homeowners 47 Association, Inc., a Virginia non -stock corporation, and the 48 City Manager or his authorized designee execute the Agreement. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the day of 1 2006. APPROVED -AS TO CONTENTS APPROVED AS TO LEGAL A,,U�-FICIEN Y��ND ORM &ask- PVReal Estate CIT -k ATTORNEY CA -10018 R-1 PREPARED: 9/12/06 X:\OID\RFAL ESTATE\Encroacliments\PW Ordinances\CA10018 Indian River Woods Homeowners Association, Inc.doc V:\applications\citylawprod\cycom32\Wpdocs\DO15\PO01\00018937 DOC 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811 (C) (4) THIS AGREEMENT, made this I st day of May, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and INDIAN RIVER WOODS ]HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation, and ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. - WITNESS ETH: WHEREAS, it is proposed by the Grantee to maintain existing landscaping, an underground irrigation system, and a portion of a fence with brick columns, collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right of way known as Indian River Road, "The Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the 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 GPIN (City Right of Way — no GPIN required or assigned to Indian River Road) Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment is constructed and will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into 'The Encroachment Area as shown on that certain plat entitled: "LANDSCAPE ENCROACHMENT SUBDIVISIO-N OF INDIAN RIVER WOODS VIRGINIA BEACH, VIRGINIA INST. #200210153048531 SCALE: F'= 60' JANUARY 17,2006 MADE FOR INDIAN RIVER WOODS HOMEOWNER ASSOCIATION" by Midgette & Associates, P.C. Engineers, Surveyors and Planners, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is ffirther 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. T -* Itis 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 any encroachment other than that specified herein and to the limited extent specified herein, nor V to permit the maintenance and construction of ariy 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 u-nsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except -under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 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 its 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. Landscaping materials must be appToved by the Landscape Services Division of the Department of Parks and Recreation. It is finther 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 req-uired 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 pen.alt), 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, Indian River Woods Homeowners Association, Inc., a Virginia non -stock corporation, has caused this Agreement to be executed by Donald L. Lane, President, a member of said association with due authority to bind said association. El Further, that the City of Virginia Beach has caused this Agreement to be executedin 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 INDIAN RIVER WOODS HOMEOWNERS A.SSOCIATION, INC., a Virginia non -stock corporation Donald L. Lane, President 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. My Commission Expires: I CITY MANAGER/AUTHORIZED Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of � 20C�_, by RUTH HODGES SMI"TH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OFN'1 %19 to -wit: _�Zlkday of The foregoing instrument was acknowledged before me thir 200(io , by Donald L. Lane, President, on behalf of Indian River Woods Homeowners Association, Inc., a Virginia non -stock corporation. My Commission Expires: :�� I APPROVED AS TO CONTENTS QV,. C. S19ATURE r to I w DEPATMENT 2 Notary Public APPROVED AS TO LEGAL :�JTFICIENCY AND FORM r 789-05- a. uj LOT 20 0154 I, I , -! in 0 (M.B.305, PG.32 & 33) �'�Z4 ; 0 's I.— in En N34*47 128. Li LOT 21 "- &-U� < (M.B.305, PG.32 & 33) u Uzi U, U) Z tn w N37*26'39*E 155.00' PARCEL B (M.B.305 ' PG.32 & 33) GPIN 1474-91-3260-0000 I- NO INGRESS/ EGRESS EASEMENT Z CL DEEPWATM WAY NOTES: - 1. THIS SURVEY WAS PERFORMED WTHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ALL OF THE EASEMENTS AND/OR RESTRICTIONS THAT MAY AFFECT THIS SITE. REIASED 06/16/06 : FENCE LOCATION F�B. 311 PG.71 FILE NUMBER: 050597.dwg in cn Ln 2th 00 CNI mli C11 ExMbit "X9 0 uj =DENOTES 1,605 sq. ft. OF LANDSCAPE ENCROACHEMENT CMDENOTES 964 sq. ft. OF LANDSCAPE ENCROACHEMENT `-IRRIGATION Z Lj CIA V) m 0 LLJ Z V) z 0 Ln -i 0 00 z Y Li M NOTES: - 1. THIS SURVEY WAS PERFORMED WTHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ALL OF THE EASEMENTS AND/OR RESTRICTIONS THAT MAY AFFECT THIS SITE. REIASED 06/16/06 : FENCE LOCATION F�B. 311 PG.71 FILE NUMBER: 050597.dwg in cn Ln 2th 00 CNI mli C11 ExMbit "X9 0 uj =DENOTES 1,605 sq. ft. OF LANDSCAPE ENCROACHEMENT CMDENOTES 964 sq. ft. OF LANDSCAPE ENCROACHEMENT TION LINE CO 1 C) I I M LANDSCAPE ENCROACHMENT 11 LO SMDIMON OF L MDUN RIM WOODS L ui ro 00 z VIRGINIA BEACH, VIRGINIA 0 En INST.#200210153048531 C4 SCALE. 1" = 60' JANUARY 17, 2006 ul C) C'� �0 -j LO MADE FOR Z INDL0 RIVER WOODS HOMEOWNER ASSOCIATION Midgette & Associates, P.C. ENGINEERS, SURVEYORS AND PLANNERS MRONIA & NORTH CAROLINA 115 BRUTON CT, UNIT C CHESAPEAKE. VA. 23322 TELEPHONE (757) 547-3686 (252) 435-1624 N.C. FAX: (757) 547-5701 `-IRRIGATION LINE Ln in . in rn C'j rn z 8 Z TION LINE CO 1 C) I I M LANDSCAPE ENCROACHMENT 11 LO SMDIMON OF L MDUN RIM WOODS L ui ro 00 z VIRGINIA BEACH, VIRGINIA 0 En INST.#200210153048531 C4 SCALE. 1" = 60' JANUARY 17, 2006 ul C) C'� �0 -j LO MADE FOR Z INDL0 RIVER WOODS HOMEOWNER ASSOCIATION Midgette & Associates, P.C. ENGINEERS, SURVEYORS AND PLANNERS MRONIA & NORTH CAROLINA 115 BRUTON CT, UNIT C CHESAPEAKE. VA. 23322 TELEPHONE (757) 547-3686 (252) 435-1624 N.C. FAX: (757) 547-5701 —n Hk Ehacroocj-�r)-Q-t' wonc, -a)tl Nwiw —n AZ' Ehacroocj-�r)-Q-t' wonc, -a)tl CITY OF VIRGINIA. BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $5,392,061 in FY 2005-06 Virginia Beach School Reversion Funds to the FY 2006-07 School Operating Budget MEETINGDATE: October24,2006 0 Background: On September 19, 2006, the School Board was presented with a summary of the un -audited financial statement for FY 2005-06, which showed $5,392,061 in reversion funds. The reversion funds are the result of $328,314 in additional revenue and $5,063,747 in expenditure savings. On October 3, 2006, the School Board adopted a resolution to recommend amendments to the FY 2005-06 School Operating Budget in the amount of $5,392,061. On October 17, the School Board adopted a minor correction to the original resolution, which is reflected in the ordinance. Additional reversion funds will be made available as part of the City/Schools Revenue Sharing Formula true -up. The School Board will request City Council action for these additional funds at a later date. N Considerations: The School Board requests City Council approval of the following changes: $5,392,061 in FY 2005-06 reversion funds will be allocated as follows: * $1,500,000 to the Instructional Category for school SOL support. * $1,000,000 to the Instructional Category for school equipment allocations. * $1,000,000 to the Operations and Maintenance Category for various school plant projects. * $809,061 to the Instructional Category for various instructional materials and equipment. * $420,000 to the Transportation Category for bus replacements. * $400,000 to the Operations and Maintenance Category for instructional technology infrastructure. * $140,500 to the Operations and Maintenance Category for custodial equipment. * $100,000 to the Operations and Maintenance Category for equipment and vehicles for School Landscape Services. * $22,500 for the Instructional Category for high school graduation allocations. 0 Public Information: Information will be disseminated to the public through the normal Council agenda process. 0 Recommendations: It is recommended that the City Council adopt this ordinance. Attachments: School Board Resolution of October 17, 2006 Ordinance Recommended Action: Approve ordinance Submitting Department/Agency: School Board Resolution City Manager4z �L pot, 1 AN ORDINANCE TO APPROPRIATE 2 $5,392,061 IN FY 2005-06 VIRGINIA 3 BEACH SCHOOL REVERSION FUNDS TO 4 THE FY 2006-07 SCHOOL OPERATING 5 BUDGET 6 7 WHEREAS, $5,392,061 in FY 2005-06 Virginia Beach 8 Public School reversion funds are available for appropriation; 9 and 10 WHEREAS, by resolutions on October 3, 2006 and October 11 17, 2006, the School Board formally requested the City Council 12 to approve the appropriation of school reversion funds to the 13 School Operating Budget. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 (1) That $5,392,061 in school reversion funds is 17 hereby appropriated from the General Fund to the FY 2006-07 18 School Operating Budget in the amounts and for the purposes set 19 forth below: 20 (a) $1,500,000 to the Instructional Category for 21 school SOL support; 22 (b) $1,000,000 to the Instructional Category for 23 school equipment allocations; 24 (c) $1,000,000 to the Operations and Maintenance 25 Category for various school plant projects; 26 (d) $809,061 to the Instructional Category for 27 various instructional materials and equipment; 28 . (e) $420,000 to the Transportation Category for bus 29 replacements; 30 (g) $400,000 to the Operations and Maintenance 31 Category for instructional technology infrastructure; 32 (h) $140,500 to the Operations and Maintenance 33 Category for custodial equipment; 34 (i) $100,000 to the Operations and Maintenance 35 Category for equipment and vehicles for School Landscape 36 Services; 37 (j) $22,500 to the Instructional Category for high 38 school graduation allocations; and 39 (2) That estimated revenue from use of the Fund 40 Balance of the General Fund is increased by $5,392,061. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia on the day of r 2006. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: �' Jd"" � A, Z City Attorney rY Of f--17-� CA10191 V:\applications\citylawprod\cycom32\Wpdocs\DO12\PO01\00021779.DOC R-3 October 12, 2006 4IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOLBOARD RESOLUTION REGARDING FY 20OS-06 REVERSION FUNDS Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive WHEREAS, On September 19, 2006 the School Board was presented with a summary of the unaudited VA Beach, VA 23464 financial statement for FY 2005-06 realizing $328,314 in additional revenue and $5,063,747 in expenditure 495-3551 (h) - 717-M9 (c) savings resulting in total reversion funds of $5,392,061; and Rita Sweet Bellitto Vice Chairman WHEREAS, the Administration recommends the following non-recurring uses for the $5,39ZO61 At -Large RO. Box 6448 million: VA Beach, VA 23456 0 $ 1,500,000 to Fund I I 5 -School Operating Fund Budget, Instructional category, for school SOL 418-M6O (c) support allocations Todd C. Davidson 0 $ 1,000,000 to Fund I I S -School Operating Fund Budget, Instructional category, for school At -Large 2424 Savannah Trail equipment allocations VA Beach, VA 23456 0 $ 1,000,000 to Fund I IS -School Operating Fund Budget� Operations and Maintenance category, 427-3330 (w) - 285-9409 (c) for various School Plant projects Emma L "Em" Davis 0 $ 809,061 to Fund I 15 -School Operating Fund Budget, Instructional category. for various District 5 - Lynnhaven 1125 Michaelwood Drive instructional materials and equipment VA Beach. VA 23452 0 $ 420,000 to Fund I I S -School Operating Fund Budget, Transportation category, for bus 340-8911 (h) replacements Patricia G. Edmonson a $ 400,000 to Fund I I 5 -School Operating Fund Budget, Operations and Maintenance category, District 6 - Beach 401-2D5 Harbour Point for instructional technology infrastructure VA Beach, VA 23451 * $ 140,500 to Fund I I 5 -School Operating Fund Budget, Operations and Maintenance category, 428-5240 (h) for custodial equipment Edward F. Fissinger, Sr. 0 $ 100,000 to Fund I I 5 -School Operating Fund Budget, Operations and Maintenance category, At -Large 412 Becton Place for equipment and vehicles for School Landscape Services VA Beach, VA 23452 0 $ 22,500 to Fund I I 5 -School Operating Fund Budget, Instructional category, for high school 48&4567 (h) graduation allocations Dan R. Lowe District 4 - Bayside Now, therefore, be it 4617 Red Coat Road VA Beach, VA 23455 RESOLVED: That the Board approves the recommended uses of the FY 2005-06 reversion as 490-3681 (h) presented by the Administration; and be it further Lyndon S. Remias District 7 - Princess Anne RESOLVED: That a request be made of City Council to appropriate $5,392,061 as presented by the 3225 Nansernond Loop VA Beach, VA 23456 Administration, and be it further 630-6102 (c) RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Sandra Smith -Jones District 2 - Kempsville Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City 705 Rock Creek Court Council, the City Manager, and the City Clerk. VA Beach, VA 23462 490-8167 (h) Adopted by the School Board of the City of Virginia Beach this 17' day of October 2006 Michael W. Stewart K -A- District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 Rita Sweet Bellitto, Vice Chairrott 498-4303 (h) - 445-4637 (W) Carolyn D. Weems S E A L At -Large 1420 Claudia Drive VA Beach, VA 23455 Attesv. 464-6674 (h) 77 P SUPERINTENDENT Dianne P. Alexander, Clerk of the Board a Jame G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 www.vbschools.com School Administration Building 2512 George Mason Drive F0. Box 6038 Virginia Beach, VA 23456-0038 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,218,456 in Additional Funds from the FY 2006-07 General Fund Reserve for Contingencies to FY 2006-07 Operating Budget for Revenue Reimbursements for Tax Exemption for the Elderly and Disabled to Fully Fund this Program MEETING DATE: October 24, 2006 0 Background: Since FY 1972-73, the City has offered real estate tax relief to qualified elderly and/or disabled citizens. From the early inception of the program until FY 1998-99, the City Council periodically increased the qualifying income thresholds to offset cost -of -living adjustments to Social Security and. private pensions and prevent an erosion of tax relief. In FY 1998-99, Council raised the income and net worth thresholds in two stages and adopted a policy to annually update these thresholds in the same manner used by the Social Security Administration for determining the cost of living allowance payments to recipients. With unusually strong growth in assessments, however, many seniors in the community desired additional tax relief and, on May 6, 2003, the City Council formed the Senior Citizen Real Estate Tax Relief Task Force to study the impact of rising real estate assessments on senior citizens. As a result of input provided from the task force and other public dialogue, in FY 2004-05, the City Council adopted a policy of adjusting the income thresholds annually by the average increase in existing residential assessments until the City reaches the state threshold limit. E Considerations: For FY 2006-07, more than 1,000 new senior or disabled citizens enrolled in the tax relief program. The City now provides real estate tax relief to 5,532 senior or disabled home owners. Because of strong growth in appreciation, the qualifying thresholds were expanded. Collectively, these forces have resulted in unprecedented relief in the amount of $9,621,149, which exceeded the budget estimate by $1,218,456. A transfer of funds is necessary to address the budget shortfall. There are sufficient funds in two reserve accounts that can serve as a source of funds for the transfer. Due in part to department vacancies, the compensation reserve has a sufficient balance. Due to lower gas prices, there are sufficient funds in the fuel reserve. Staff will closely monitor the gas usage and prices to ensure adequate fuel reserves are maintained beyond the amounts appropriated in the departmental budgets. As a result of these transfers, the balance in the compensation reserve account will be $1,479,104, and the balance in the fuel reserve will be $390,772. The second year of the City's biennium budget will be adjusted to reflect the higher anticipated program cost for FY 2007-08. N Public Information: Public information will be handled through the normal council agenda process. 0 Recommendations: Approve transfer of funds. E Attachments: Ordinance Recommended Action: Approve ordinance Submitting Department/Agency: Management Servi � S act, City Manager: lz�!� V— "6v 1 AN ORDINANCE TO TRANSFER $1,218,456 IN 2 ADDITIONAL FUNDS FROM THE FY 2006-07 3 GENERAL FUND RESERVE FOR CONTINGENCIES TO 4 FY 2006-07 OPERATING BUDGET FOR REVENUE 5 REIMBURSEMENTS FOR TAX EXEMPTION FOR THE 6 ELDERLY AND DISABLED TO FULLY FUND THIS 7 PROGRAM 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That $609,228 is hereby transferred from the FY 2006-07 11 General Fund Reserve for Contingencies for Compensation and 12 $609,228 is hereby transferred from the FY 2006-07 General Fund 13 Reserve for Contingencies for Fuel Reserves to the FY 2006-07 14 Operating Budget for Revenue Reimbursements for Tax Exemption for 15 the Elderly and Disabled to fully fund this program. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the day of , 2006. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: ,,�) a, 0, , -- Management Services CA10190 R-1 October 11, 2006 APPROVED AS TO LEGAL SUFFICIENCY: , - Jjb� -P � - K - , 11 1 /,�� - City Attorney's (Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $45,000 from the Virginia Department of Motor Vehicles to the Police Department's FY 2006-07 Operating Budget to Conduct Lectures to Demonstrate the Consequences of Driving Under the Influence MEETING DATE: October 24, 2006 0 Background: The Virginia Department of Motor Vehicles ("DMV") has awarded the City a DUI Enforcement grant. The grant will enable the Police Department's Selective Enforcement Team to conduct lectures twice a month from now until September 6, 2007 to demonstrate the consequences of driving under the -influence. These presentations will include statistics, photos, and a question -and -answer session. Officers, on paid overtime, also will be looking for intoxicated drivers during the hours when most impaired drivers are on the roadways. The grant provides $45,000 of DMV funding and requires a $9,000 match. The Police Department has identified $9,000 of overtime funds to provide the required matching funds. These funds will be transferred within the Police Department's FY 2006-07 Operating Budget. E Considerations: These funds will be used to educate citizens in Virginia Beach about DUI laws and the consequences of driving under the influence. 0 Public Information: Public information will be provided through the normal Council agenda process. N Alternatives: This grant provides additional funding to the City to educate citizens on issues related to driving under the influence and enforcing DUI laws. N Recommendations: Accept and appropriate the grant award of $45,000 from the DMV. N Attachments: Ordinance and Grant Award Letter Recommended Action: Approval Submitting DepartmentlAgency: Police Department City Manager:(� V, , 604L 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $45,000 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 TO THE POLICE DEPARTMENT'S FY 2006-07 4 OPERATING BUDGET TO CONDUCT LECTURES TO 5 DEMONSTRATE THE CONSEQUENCES OF DRIVING UNDER 6 THE INFLUENCE 7 8 9 WHEREAS, The Police Department has identified $9,000 in 10 matching funds to support this grant. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 (1) That $45,000 is hereby accepted from the Virginia 14 Department of Motor Vehicles and appropriated to the Police 15 Department's FY 2006-07 Operating Budget to provide funding for 16 lectures demonstrating the consequences of driving under the 17 influence, with state revenue increased accordingly. 18 (2) That $9,000 will be transferred within the Police 19 Department's FY 2006-07 operating Budget to support the grant's 20 match requirement. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of 2006. Requires an affirmative vote b_v a majorit_v of the members of the Cit -v Council. APPROVED AS TO CONTENT: D C!-,�( �,, (� - &- Management Services APPROVED AS TO LEGAL SUFFICIENCY: jai� e - K .,I, &,, City Attorneyl-cl'J'Office CA10188 V:\applications\citylawprod\cycom32\Wpdocs\DO10\PO01\00021652.DOC R-1 October 10, 2006 COMMONWEALTH of VIRGINIA D. B. Smit Department of Motor Vehicles Post Office Box r412 2300 West Broad Street Richmond, VA 23269-0001 Commissioner 866 -DMV -LINE or. August 18, 2006 800-435-5137 Capt. Raymond Eisenberg City of Virginia Beach 2509 Princess Anne Road Virginia Beach, VA 23456 Dear Capt. Eisenberg: Safety has been and will continue to be a high priority in Virginia's overall transportation system. The Kaine Administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi -modal transportation system. I am pleased to inform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007 pass-through grant funding. [W ='"& c I ra DUI Enforcement $45,000.00 The availability of funds pursuant to this grant is contingent upon two conditions: (1) the Project Director and the Fiscal Contact.responsible for the financial management of y9ur grant named in the application must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. The enclosed information. provides the dates and locations regarding the mandatory training. The memorandum of conditions and project agreements from David A. Mitchell, DMV Deputy Commissioner, will be provided to your project director during the training session. As the recipient of a FY07 grant award, it is important that you carefully read and follow and adhere to these guidelines. Should have any questions regarding this award, please contact the John Saunders at (804)367-6641. We look forward to the positive impact on highway safety that your project will provide for all Virginians. Thank you for your commitment and participation in improving highway safety. Sincerely, ;0001 Pierce R. Homer Enclosure (304) 367-6631 TDD: 1-8001-272-9268 E-maiL: �r;caimish(g�timv.-iiirginia.gov Web &Aa: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $12,600 from the Virginia Department of Motor Vehicles to the Police Department's FY 2006-07 Operating Budget to Conduct Presentations within High Schools on Seatbelt Usage Laws MEETING DATE: October 24, 2006 0 Background: The Virginia Department of Motor Vehicles ("DMV") has awarded the City a Teen Seat -Belt Usage grant in the amount of $12,600. The Police Department's Special Operations Division has developed a program to address seatbelt usage and several other dangerous driving habits. The department will use officers from the Selective Enforcement Team to conduct presentations in the City's high schools. The Teen Seat -Belt Usage grant will be active from October 1, 2006 through September 30, 2007. Officers, on paid overtime, will then be tasked with enforcing seatbelt laws around high schools after the presentations have taken place. The grant provides $12,600 of DMV funding and requires a $3,150 match. The Police Department has identified $3,150 of overtime funds to provide the required matching funds. These funds will be transferred within the Police Department's FY 2006-07 Operating Budget. 0 Considerations: These funds will be used to educate students in Virginia Beach about seat -belt laws and the consequences of not using seatbelts. The Police Department will provide $3,150 of overtime money as matching funds. 0 Public Information: Public information will be provided through the normal Council agenda process. E Alternatives: This grant provides additional funding to the City to educate students on the importance of seatbelts and enables officers to better enforce seatbeit laws. N Recommendations: Accept and appropriate the grant award of $12,600 from the DMV. N Attachments: Ordinance and Grant Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department City Managel� t� , 73-8 Wt 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $12,600 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 TO THE POLICE DEPARTMENT'S FY 2006-07 4 OPERATING BUDGET TO CONDUCT PRESENTATIONS 5 WITHIN HIGH SCHOOLS ON SEATBELT USAGE LAWS 6 WHEREAS, The Police Department has identified $3,150 in 7 matching funds to support this grant. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 (1) That $12,600 is hereby accepted from the Virginia 11 Department of Motor Vehicles and appropriated to the Police 12 Department's FY 2006-07 Operating Budget to provide funding to 13 conduct presentations on seatbelt usage laws within high schools, 14 with state revenue increased accordingly. 15 (2) That $3,150 will be transferred within the Police 16 Department's FY 2006-07 Operating Budget to support the grant's 17 match requirement. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the - day of 1 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,��u L a, � - 9&� Javnx S.,< - -�, /1, management Services City Attorney's 6ffice CA10188 V:\applications\citylawprod\cycom32\Wpdocs\DO10\PO01\00021660.DOC R-2 October 13, 2006 V COMAMIOINW]EALTIHI of VIRGINIA D. B. Smit Department of Motor Vehicles Post Offz-ce Box 27412 2300 West Broad Street Richmond, VA 23269-0001 Commissioner 866 -DMV -LINE or August 18, 2006 800-435-5137 Capt. Raymond Eisenberg City of Virginia Beach 2509 Princess Anne Road Virginia Beach, VA 23456' Dear Capt. Eisenberg: S ' afety has been and will continue to be a high priority in Virginia's overall transportafton system. The Kaine Administration it committed to ensuring that safety is the highest priority in the development of the Commonwealth's mufti -modal transportation system. I am pleased toinform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007 pass-through grant funding. Teen Seat Belt Usage $12,600.00 The availability of funds pursuant to this grant is contingent upon two conditions: (1) - the Rco-iQgLQilre—ctgr-�-a—nd.-tbe. Fis� .-Cont ct responsibleiRr-the-financWm. anagernent.oty-Qur.gimrt named in the application must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. The enclosed information providesthe dates and locations regarding the -mandatory training. The memorandum of conditions and project agreements from David A. Mitchell, DMV Deputy Commissioner, will be provided to your project director during the training session. As the recipient of a FY07 grant award, it is important that you carefully read and follow and adhere to these guidelines. Should have any questions regarding. this award, please contact the John Saunders at (804)367-6641. We look forward to the positive impact on highway safety that your project will provide for all Virginians. Thank you for your commitment and participation in improving highway safety. Sincerely, Pierce R. Homer Enclosure 1,- 8 . :) .7) 1 72 r 04)36T-66�*,, ' -27 -9268 Emgil: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $30,000 from the Federal Emergency Management Agency to the Fire Department's FY 2006-07 Operating Budget for an1ndividual Deployment to Assist the State of Louisiana with Their Search and Rescue Plan MEETING DATE: October 24, 2006 0 Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, FEMA Urban - Search and Rescue Team ("VA-TF2"). The Fire Department serves as the administrator of VA-TF2. A VA-TF2 member was stationed in Louisiana for approximately 30 days to assist the State of Louisiana and the Department of Defense North Area Command with their Search and Rescue Plan. Upon activation and deployment, the Federal Emergency Management Agency provides funding to reimburse participants for equipment, supplies and overtime supporting this event. E Considerations: As the sponsoring agency, the City of Virginia Beach is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA had authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of the Team member. E Public Information: Public information will be handled through the normal agenda process. 0 Recommendations: Accept and appropriate $30,000 to cover expenses of VA- TF2 for assistance with the Search and Rescue Plan. N Attachments: Ordinance and Award Document from FEMA Recommended Action: Approve Submitting Department/Agency: Fire Department City Manager.! :Z 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $30,000 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE FIRE 4 DEPARTMENT'S FY 2006-07 OPERATING BUDGET 5 FOR AN INDIVIDUAL DEPLOYMENT TO ASSIST 6 THE STATE OF LOUISIANA WITH THEIR SEARCH 7 AND RESCUE PLAN 8 9 WHEREAS, the Federal Emergency Management Agency (FEMA) 10 issued an alert order for a member of the FEMA Virginia Task - 11 Force 2 Urban Search and Rescue Team to assist with developing a 12 search and rescue plan and has approved $30,000 in reimbursement 13 costs. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That $30,000 in federal funds is hereby accepted from the 17 Federal Emergency Management Agency and appropriated to the Fire 18 Department's FY 2006-07 Operating Budget for costs associated 19 with the deployment of a member of the Urban Search and Rescue 20 Team, with federal revenue increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia on the day of APPROVED AS TO CONTENT: Management Services 1 2006. APPROVED AS TO LEGAL SUFFICIENCY: Jatrm S e j, z,, City Attorney'9 Office CA10185 V:\applications\citylawprod\cycom32\Wpdocs\DO10\PO01\00021642.DOC R-2 October 11, 2006 FEDERAL EMERGENCY MANAGEMENT AGENCY *01T. ASSISTANCE INSTRUMENT GRANT COOPERATIVE AGREEMENT 3. INSTRUMENT NUMBER 4. AMENDMENT NUMBER EMW-2003-CA-011 I M021 7. RECIPIENT NAME AND ADDRESS Virginia Beach Fire Department Attn: Vance Cooper Viriginia Task Force 2 513 Viking Drive Suite 9 Virginia Beach VA 23452-7322 9. RECFRIENT PROJECT MANAGER Vance Cooper 757-431-4160 11. ASSISTANCE ARRANGEMENT 12. PAYMENT METHOD E COST REIMBURSEMENT El TREASURY CHECK Q COST SHARING REIMBURSEMENT FIXED PRICE El ADVANCE CHECK OTHER El LETTER OF CREDIT 14. ASSISTANCE AMOUNT PREVIOUS AMOUNT AMOUNT THIS ACTION TOTAL AMOUNT $8,242,877.53- $30,000-00 $8,272,877.53 2. TYPE OF ACTION AWARD AMENDMENT 5. EFFECTIVE DATE 6. CONTROL NUMBER See Block 21 1 W429099Y 8-.—IS-SUING/ADMINISTRATION OFFICE Federal Emergency Management Agency Financial & Acquisition Management Div Grants Management Branch 500 C Street, S.W., Room 350 Washington DC 20472 Spedallst Sylvia A. Carroll 202-646-3503 10. FEMA PROJECT OFFICER Wanda Casey, 202-646-4013 '73. —PAYMENT OFFICE Federal Emergency Management Agency Accounting Services Division Disbursement & Receivables Branch 500 C Street, S.W., Room 723 Washington DC 20472 15. ACCOUNTING & APPROPRIATION DATA See Continuation Page This amendment, M021, provides- funding required to activate a VA -TF 1 member for 30 days to assist in SAR Plan. The to tal amount obligated under this agreement is hereby increased by $30,000-00 frin $8,242,877.53 to $8,272,877.53. CFDA # 97.025 applies. i All other term and conditions remain in effect. END OF AMENDMENT M021 17. RECIPIENT REQUIREMENT RECIPIENT IS REQUIRED To SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8. RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) Charles Meyer, Chief operating'Offic,2�� —V 2 0. —SI G- 7NA 'OF F ICIPIENT,,,-.7 CAT ; .. 4, -- 4 s. L z FEMA 3 40-M, APR 85 A' /REPLACES EC 19. ASSISTANCE -OFFICER (Type name and ttle) Richard W.Goodman Assistance Officer ,..iW-2003-CA-0111 M021 CONTINUAnoN PAGE A.1 PRICE/COST SCHEDULE ITEM DESCRIPTION OF QTY UNIT UNIT NO. SUPPLIES/SERVICES PRICE 1.00 $30,000.0000 Lincoln Fire Department FUNDING/REQ NO: 1: $30,000.00 W429099Y ACCOUNTING AND APPROPRIATION DATA- ACRN APPROPRIATION 1 2006-62-210ORB-2100--4101-D GRAND TOTAL --- REQUISITION NUMBER W429099Y P AMOUNT $30,000.00 $30,000.00 AMOUNT $30,000.00 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $29,353 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2006-07 Operating Budget of the Department of Museums and Cultural Arts to Provide Medical Care, Holding Facilities, and Transport for Live Marine Animal Strandings MEETING DATE: October 24, 2006 0 Background: The Virginia Aquarium and Marine Science Center Foundation has been awarded a $100,000 grant from the National Oceanic and Atmospheric Administration (NOAA) through the John Prescott Marine Mammal Stranding Grant Program. This grant will enhance the ability of the Foundation's mafine animal Stranding Response Program to provide medical care, holding facilities and transport for live marine animal strandings. It will also improve the Program's ability to evaluate strandings by improving carcass retrieval, necropsy, tissue sampling, and animal storage and disposal techniques. The Foundation is required to provide an in-kind match in personnel, services, supplies and equipment. N Considerations: The Stranding Response Program is permitted by the NOAA Fisheries Service, U.S. Fish & Wildlife Service, and the State as the agency to manage the marine mammal stranding network and respond to marine mammal and sea turtle strandings in Virginia. The Foundation will provide $29,353 from its NOAA grant to the City to fund one full- time curator. The new position will be responsible for managing daily operations in the program's stranding center, including the 75 -member (20,000 plus hours per year) volunteer stranding response team, and will assist the senior scientist/program coordinator and the veterinary medical staff in all aspects of stranding response. The Department of Museums and Cultural Arts requests that one FTE be added to their FY 2006-07 budget. Since all salary and associated benefit costs will be reimbursed by the Foundation, this request represents no cost to the Cily. This position remains dependent on continued Foundation reimbursement. If this grant funding is not awarded in subsequent years, the Foundation will either find alternative funding sources, or the position will terminate. E Public Information: Public information will be provided through the normal Council agenda process. 0 Recommendations: Approval of one additional FTE position in the stranding program E Attachments: Ordinance and Commitment letter from Foundation Recommended Action: Approval of ordinance I Arts Submitting Department/Agency: Department of Museums and Cultura City Manager:�� k , 6 " 1 AN ORDINANCE TO APPROPRIATE $29,353 FROM 2 THE VIRGINIA AQUARIUM AND MARINE SCIENCE 3 CENTER FOUNDATION TO THE FY 2006-07 4 OPERATING BUDGET OF THE DEPARTMENT OF 5 MUSEUMS AND CULTURAL ARTS TO PROVIDE 6 MEDICAL CARE, HOLDING FACILITIES, AND 7 TRANSPORT FOR LIVE MARINE ANIMAL 8 STRANDINGS 9 10 WHEREAS, the Virginia Aquarium and Marine Science Center 11 Foundation ("the Foundation") has pledged to reimburse the City 12 for the cost of one additional full-time curator in the Virginia 13 Aquarium and Marine Science Center's stranding program. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That $29,353 in anticipated revenue is hereby accepted 17 from the Virginia Aquarium and Marine Science Center Foundation 18 and appropriated to the FY 2006-07 operating Budget of the 19 Department of Museums and Cultural Arts for operation of the 20 Virginia Aquarium and Marine Science Center's stranding program, 21 with revenue from local sources increased accordingly. 22 2. That one full-time equivalent curator position is 23 hereby added to the FY 2006-07 Operating Budget of the 24 Department of Museums and Cultural Arts, provided that 25 continuing this position in future budget years is contingent 26 upon future funding from the Foundation. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia on the day of 2006. APPROVED AS TO CONTENT: management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's affice CA10180 V:\applications\citylawprod\cycom32\Wpdocs\DO09\PO01 . \00021531 -DOC R-2 October 11, 2006 V I R G I N I A AQUARIUM & MARINE SCIENCE CENTER October 4, 2006 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Dear lor Spore, I Tt 0 This letter serves as confirmation that the Virginia Aquarium & Marine Science Center Foundation, Inc. (Foundation) guarantees continued ftinding to the City of Virginia Beach for all costs associated with the full-time Curator I position currently requested through the City agenda process. This position will be fiinded by grant flinds from the National Oceanic & Atmospheric Administration (NOAA) John Prescott Marine Mammal Stranding Grant Program Continued Prescott grant funds are anticipated to Rind this position in Riture budget years, however there are no guarantees. So that the operations of Aquarium's Stranding Program will continue, the Foundation guarantees the fimding for this position in the event of lapses or absence of grant funding. I would be happy to discuss this with you further should you have any questions or need additional information. Thank you. With Kind Regards, -<I� Mr. Thomas E. Fraim, President VIRGINIA AQUARIUM III MARINE SCIENCE CENTER FOUNDATION 717 GENERAL BOOTH BOULEVARD, SUITE 1, VIRGINIA BEACH, VIRGINIA 23451 phone 757-437-6010 - fax 757-437-4976 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $25,000 from the Virginia Department of Conservation and Recreation to the Department of Planning and Community Development's FY 2006-07 Operating Budget for the Restoration of Existing Riparian Shoreline Buffers at Three School Sites, the Printing of an Educational Fact Sheet, and the Installation of an Information Kiosk MEETING DATE: October 24. 2006 0 Background: The Virginia Department of Conservation and Recreation has awarded the City $25,000 to undertake the restoration of riparian buffers at three school sites (Lynnhaven Middle, Brookwood Elementary and Plaza Elementary) located within the Lynnhaven River watershed. The funds will enable an enhancement to the existing marginal riparian shoreline buffers at each location. The restoration project consists of planting woody vegetation (trees and shrubs), development and printing of an educational fact sheet, and installation of an information kiosk at each location concerning the riparian buffer project. These funds will assist the City in accomplishing the goal of alleviating the loss of buffer function in the Lynnhaven River watershed and also provide an educational opportunity for citizens to observe restored and enhanced buffer areas as demonstration projects. The grant requires a local fund match of $12,100 and an in-kind match of $5,000 to be provided by City staff and volunteers from the community. The matching funds are available within the Department of Agriculture's FY 2006-07 Operating Budget. The Department of Agriculture manages the City's Habitat Enhancement Committee Fund, which is supported by funds generated by payment of civil penalty charges imposed by the Chesapeake Bay Preservation Area Board for projects that have encroached upon or destroyed buffer areas protected under the City's Chesapeake Bay Preservation Area Ordinance. These funds are then appropriated by City Council to the Department of Agriculture's Operating Budget and are available to provide the match required by this grant. N Considerations: The project provides an opportunity for enhancing recommendations outlined in the City's Comprehensive Plan Natural Resources Plan concerning the Lynnhaven River watershed. Incorporation of the project into the long-term recommendations for the Lynnhaven River watershed additionally affords an opportunity to enhance environmental restoration efforts currently being evaluated for the City by the U.S. Army Corps of Engineers. E Public Information: Public information will be provided through the normal Council agenda process. N Recommendations: It is recommended that Council accept and appropriate the grant award of $25,000 and transfer $12,100 from the Department of Agriculture's FY 2006-07 Operating Budget to the Department of Plan n ing-Environ menta I Management Center's FY 2006-07 Operating Budget for the cash match for this project. Attachment: Ordinance Recommended Action: Approval Submitting Department/A�ency: Planning Department City Manage 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR THE RESTORATION OF EXISTING RIPARIAN SHORELINE BUFFERS AT THREE SCHOOL SITES, THE PRINTING OF AN EDUCATIONAL FACT SHEET, AND THE INSTALLATION OF A INFORMATION KIOSK WHEREAS, the Department of Agriculture has identified $12,100 12 within their FY 2006-07 Operating Budget for the cash match 13 required for the restoration of existing riparian shoreline 14 buffers; and 15 WHEREAS, an in-kind match of $5,000 will be provided by City 16 staff and volunteers from the community. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 (1) That $25,000 is hereby accepted from the Virginia 20 Department of Conservation and Recreation and appropriated to the 21 Department of Planning and Community Development's FY 2006-07 22 Operating Budget for the Restoration of Existing Riparian Shoreline 23 Buffers at three school sites, printing of an educational fact 24 sheet, and installation of an information kioskr with State revenue 25 increased accordingly. 26 (2) That $12,100 is hereby transferred from the Department of 27 Agriculture's FY 2006-07 Operating Budget to the Department of 28 Planning-Environmental Management Center's FY 2006-07 Operating 29 Budget for the cash match required for this project. 30 Adopted by the Council of the City of Virginia Beach, Virginia 31 this 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: 53 cW:1J\J ' '- J~ 8.. K .~LtA City Attorney' Offlce CA10182 v:\applications\citylawprod\cycom32\Wpdocs\D010\P001\OO021600.DOC R-3 October 12, 2006 10- 4-06; 8:46AM; ;93855667 # 2./ 4 L. Preston Bryant, Jr. Secretary ofNalllral Resources . Joseph H. ::Maroon Director COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION 203 Governor Street, Suite 206 Richm~nd, Virginia 23219 Phone: (S04) 786-2064 Fax; (804) 786-1798 March 10, 2006 Clay Bernick City ofVirgnua Beach 2405 Courthouse Drive Virginia Beach, VA 23456 RE: Grant Agreement, BAY -2005-19-SR., Virginia Beach Riparian Buffer Establishment Project Dear Mr. Bernick, It is a pleasure to provide you with three original grant agreement packets for the above subject project. I have also enclosed a W -9 Form (Request for Taxpayer Identification Number and Certification). Please complete this form so that we will have all of the required infonnation to issue payment. Also, please sign all three originals of the grant agreement, retain one for your files and retum two to my attention, The date of the agreement will be the date on which you sign these originals. This agreement shall not be valid until DCR receives these documents. Return them to: Attn: Nissa Dean, Grants Manager Deparlment of Conservation and Recreation 203 Governor Street, Suite 225-1 Richmond, VA 23219-2094 Once DCR receives the two signed grant agreements) the project will be effective for the period of March 1 - November 30,2006. Alii Baird (alice.baird@dcr.virginia.gov and 225-2307) in the DCR Dept of Chesapeake Bay Local Assistance is as assigned as the DCR Project Manager for this grant agreement. Please direct project specific questions and quarterly reports to her. We look forward to working with you on this project. CC: Rick Hill AlIi Baird State Parks. Soil and Water Conservation · Natural Heritage · Outdoor Recreation Planning Chesapeake Bay Local Assistance. Dam Safety and Floodplain Ma1lagement. Land Conservation CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $25,000 from the National Fish and Wildlife Foundation to the Department of Planning and Community Development's FY 2006-07 Operating Budget for the Restoration of a Fish Habitat in the Stumpy Lake Natural Area MEETING DATE: October 24,2006 . Background: Virginia Beach progressively has addressed a City strategy and priority of long-term management of environmental resources located at and adjoining the City's Stumpy Lake Natural Area. To assist in these efforts, the National Fish and Wildlife Foundation has awarded the City $25,000 to install a fish passage for Stumpy Lake. The grant will fund a package of improvements for the fish passage consisting of installation of a fish ladder at the spillway located on the southeast side of Stumpy Lake, construction of a temporary visitor observation area and interpretive signage, and the development of an information and educational brochure concerning the fish passage project. The fish passage will allow for the restoration of the passage of fish that spawn in fresh water and live their adult lives in salt water, as well as migratory sport fish, such as shad and herring. Restoration of this passage will increase potential spawning habitat for species that are under severe threat due to natural habitat losses associated with coastal development. Installation of the fish passage will not affect water levels in Stumpy Lake, as it is intended to be functional only in high water conditions during the spawning season. Federal and state natural resource agencies have agreed to partner with the City to help facilitate the successful implementation of this project. The grant requires a local fund match of $20,000 to support this project, and an in-kind match of $7,500 to be provided by City staff and volunteers from the Citizens for Stumpy Lake Community Watershed Organization. The matching funds are available within the Department of Planning-Environmental Management Center's FY 2006-07 Operating Budget. . Considerations: This grant will allow the Department of Planning to incorporate this project into the long-term recommendations for the Master Land Use & Management Plan the Stumpy Lake Natural Area. This grant additionally affords an opportunity to enhance ecotourism. . 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 $25,000. . Attachment: Ordinance and Award Letter Recommended Action: Approval Submitting Department/Agency: Planning Department ~ City Manager:~ \C ~~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 2 FROM THE NATIONAL FISH AND WILDLIFE FOUNDATION 3 TO THE DEPARTMENT OF PLANNING AND COMMUNITY 4 DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR 5 THE RESTORATION OF A FISH HABITAT IN THE 6 STUMPY LAKE NATURAL AREA 7 8 WHEREAS, the Department of Planning and Community Development 9 has identified $20,000 within their FY 2006-07 Operating Budget for 10 the cash match for the restoration of a fish habitat in the Stumpy 11 Lake Natural Area; and 12 WHEREAS, an in-kind match of $7,500 will be provided by City 13 staff and volunteers from the Citizens for Stumpy Lake Community 14 Watershed Organization. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That $25,000 is hereby accepted from the National Fish and 18 Wildlife Foundation and appropriated to the Department of Planning 19 and Community Development's FY 2006-07 Operating Budget for the 20 restoration of fish habitat in the Stumpy Lake Natural Area, with 21 revenues increased accordingly. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginiar 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: E~Q, ,JWKR ! K '-hi~ City Attorneyrs fflce CA10183 V:\applications\citylawprod\cycom32\Wpdocs\D010\P001\OO021612.DOC R-2 October 13, 2006 10- 4-06; 6:46AM; ;93855667 # 3/ 4 ~D~W1J~~ ...... <e g l' .g e- (6 01:1. .,.".. . ~ '... -- .,. May 22, 2006 Clayton Bernick City of Virginia Beach Department of Planning 2405 Courthouse Drive Virginia Beach, VA 23456 Re: Virginia Beach Fish ~assage Project #2005-0001-085 Dear Mr. Bernick: The Board of Directors of the National Fish and Wildlife Foundation has approved an award under the Chesapeake Bay SmaIl Watershed Grants .Program of $25,000 in federal ftmds to the City of Virginia Beach Department of Planning to support the Virginia Beach Fish Passage Project. These funds are to be matched by at least $27,500 in additional non-federal contributions raised by the City of Virginia Beach Department of Planning specifically for this project. Please be sure to review the enclosed Matching Contribution Eligibility and Documentation guidance and note the requirements of the Certification of Matching Contributions that you will be required to submit upon completion of the Project, to ensure that the contributions you receive are eligible as match. Enclosed please find two copies of the Grant Agreement, as well as one copy of the additional. enclosures listed below. Because this A ward involves federal funds, the Agreement and enclosures must be reviewed by your Chief Financial Officer or Treasurer. If the terms and conditions of the Agreement are acceptable, please sign and return both copies of the Agreement to the Foundation (you may submit a Request for Payment at the same time); you should retain the additional enclosures for your files. The Foundation will then countersign both copies of the Agreement and return one copy to you for your files. Signing this Agreement indicates an understanding of, and int~t to comply with, all of its terms and conditions and those of the additional enclosures. Failure to return. two signed copies of the Agreement within 60 days may result in funds being released to other conservation projects. The Grant Agreement contains certain terms that are defined in the 2002 Glossary which may be located on the Foundation's website at <www.nfwf.orglg10ssary.htm>. Please be sure to print a copy and refer to it while. reading the Grant Agreement. If you do not have access to the Internet, please contact Diane Keefe who will mail you a copy. 1120 CONNECTICUT AVEN~E, NW. SUITE '00 . WASHINGTON, D.C. 20036 PHONE: (202) 8;7-0166. FAX: (202) 857-0162 .www.NFWF.org printed on recycled papa 10- 4-06; 8:46AM; ;93665667 # 4/ 4 ...~ On behalf of the Board of Directors .and the staff of the National Fish and Wildlife Foundation, I wish you success with Your project.' Please. contact Diane Keefe with any questionS or concerns. s~. ly, a', . . ,ftll) " L Dwy, ~fl1onal~ EaStern Region Enclosures: Grant Agreement (two copies) StaDdard Provisions Matching Connibution Eligibility and Documentation Guidance Certification of Matching Contributioils Form ~ forPayinent Form Project Phase Reporting Forms Annual F.ii1ancial and ProgBmmatic Reporting Form Final Financial Repo~ Form Evaluation Report -2- A. PLANNING 1. Application of S & R PROPERTIES, L.L.c. for a Modification of Condition #4 of a Conditional Use Permit for a bingo hall, re changing the days of operation, at 4933 Cleveland Street. (approved on January 26, 1999 and modified February 25,2003), (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of CHECKERED FLAG MOTOR CAR COMPANY for Modification of Conditions and Proffers to allow expansion of existing buildings and parking modifications at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue (Approved October 23, 2001, and modified March 8, 2005, and April 25, 2006) (DISTRICT 2 - KEMPSVILLE). RECOMMENDATION: APPROVAL 3. Application of JOHN H. and JENNIFER M. NEUMANN for the closing, vacatinf! and discontinuing of an alley to incorporate the right-of- way into their adjoining residential lots at 664 South Atlantic Avenue (Croatan Beach). (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of OCEANSIDE ENTERPRISES, INC. for a Conditional Use Permit for firewood preparation/mulch processing at North Landing Road, and Indian River Road, opposite Heffington Drive (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of VIRGINIA BEACH INVESTMENT COMPANY for a Conditional Use Permit for a mini warehouse-self storage facility at 1025 College Park Boulevard. (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 6. Application of LAGO MAR ASSOCIATES, L.L.C. for a Chanf!e of Zoning District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way and intersection with Nimmo Parkway to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDATION September 26, and October 10, 2006 APPROVAL 7. Applications of SALEM ROAD ASSOCIATES (formerly V A-CAR DEVELOPMENT, LLC) 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-I0 Residential DEFERRED October 10,2006 DEFERRED INDEFINITEL Y March 23, 2004 STAFF RECOMMENDATION DENIAL (Application does not comply with Comprehensive Plan dwelling unit density in the ITA) 8. Application of CHESAPEAKE ATLANTIC, LLC, for a Change of Zoning District Classification from 1-1 Light Industrial and R-IO Residential to Conditional 1-1 Light Industrial for office-warehouses at 173 and 177 South Birdneck Road and 1228 Jenson Drive (DISTRICT 6- BEACH) RECOMMENDATION: APPROVAL 9. Application of OXFORD PROPERTIES, LLC, for a Change of Zoninf! District Classification from B-2 Community Business to Conditional A- 24 Apartment District re 180 units at Centerville Turnpike and Indian River Road (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 10. Ordinance to AMEND the Comprehensive Plan re deletion of references to establishment of a Redevelopment and Housing Authority (referred by City Council to the Planning Commission on June 27, 2006) NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Cen- ter, 2401 Courthouse Drive, Tuesday, October 24, 2006, at 6:00 p.m. The following applications will be heard: DISTRICT 2 - KEMPSVILLE S & R Properties, L.L.C. Application: Modification of Conditions for a Condi- tional Use Permit (bingo hall) approved by City Council on January 26, 1999 and February 25,2003, at 4933. Cleveland Street (GPIN 1477142343). Checkered Rag Motor Car Company Application: Modification of Condi- tions for requests approved by City Council at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue (GPINs 1467666379; 1467662390). DISTRICT 6 - BEACH John H. & Jennifer M. Neumann Application: Closure, discontinuance and abafldonment of an alley located between Lots 3 and 15, 664 South Atlantic Avenue. Chesapeake Atlantic, L.L.C. Application: Change of Zonine: District Classi- fication from 1-1 Light Industrial and R-l0 Residential t to Conditional 1-1 Light Industrial at 173 & 177 South Birdneck Road and 1228 Jenson Drive (GPINs 2417426802; 2417427931; 24173267690006). The Comprehensive Plan designates this site as being part of the Primary Residential Area. suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop the site for office-warehouses. DISTRICT 7 -PRINCESS ANNE Oceanside Enterprises, Inc. Application: Conditional Use Permit for fire- wood preparation/mulch processing on North Landing Road. south of Indian River Road (GPIN 1483724625). DISTRICT 1 - CENTERVILLE Oxford Properties, L.L.C. Application: Chane:e of Zonine: District Classifica- tion from 8-2 Community Business District to Conditional A-24 Apartment Dis- trict on property located at the southeast intersection of Centerville Turnpike and Indian River Road (GPIN 1455998372). The Comprehensive Plan desig- nates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop the site for multi-family residential dwellings. Virginia .Beach Investment Company Application: Conditional Use Permit for a mini warehouse/self storage facility at 1025 College Park Boulevard (GPIN 1456221655). All interested citizens are invited to attend. fl-r4, /~ Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at Mtp:/ /www.vb2!ov.com/deDt/planninl!/boards/Dc/ . For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon October 8 & 15, 2006 15904887 - 44- Item V-K.ll. PUBLIC HEARING ITEM # 44563 (Continued) PLANNING. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentv-sixth of Januarv. Nineteen Hundred and Ninetv-Nine Voting: 6-4 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Obemdorf, Nancy K. Parker. and A. M "Don" Weeks Council Members Voting Nay: Margaret L. Eure, Harold Heischober, Barbara M. Henley and Vice Mayor William D. Sessoms, Jr. Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represented tire applicant January 26. 1999 - 43- Item V-ILll. PUBLIC HEARING ITEM # 44563 PLANNING. The following spoke in SUPPORT of the application: Attorney Edward Bourdon, , Pembroke One, fifth Floor, Phone: 499-8971, represented the applicant Pat Roenker, 560 Jacqueline Avenue, Phone: 497-4378, Dennis Free, 2346 Huckleberry, Phone: 427-5464 Edward S. Adams, 436 Constitution Drive Walter E. Bassford, 491 North Lynnhaven Road, Phone: 431-9317 Janis Dryer, 1149 New Mill Drive, Chesapeake, Phone: 548-0049 The following spoke in OPPOSITION: Attorney John Richardson, 2101 Parks Avenue, represented Papco Oil, Asphalt Roads and Phillips Olds. Thomas A. Lindsey, 4564 Bob Jones Drive, Phone: 467-0439 David Lindsey, 5368 Providence Road, Phone: 424-2210 Damon Booth, 5393 Greenville Circle, Phone: 474-9672 Bud Burton, 4949 Virginia Beach Boulevard, Phone: 499-3771 Tucker Beaman, Asphalt Roads and Materials, 4901 Cleveland Street, Suite 2, Phone: 497-3591 Upon motion by Councilman Weeks, seconded by Council Lady McClanan, City Council ADOPTED an Ordinance upon Application of SAND RPROPERTIES for Conditional Use Permit: ORDINANCE UPON APPliCATION OF S AND R PROPERTIES FOR A CONDmONAL USE PERMIT FOR A BINGO HALL R01992247 Ordinance upon application of Sand R Properties for a Conditional Use Permit for a bingo hall on certain property located on the South side of Cleveland Street beginning at a point 250 feet more or less West of Aragona Boulevard. Said parcel contains 4.81 acres (KEMPSVILLE - DISTRICT 2). The following conditions shall be required: 1. The project must be developed in substantial conformance with the submitted site plan entitled "Bingo at Cleveland Street for S & R Properties ", sheets 1 and 2, plans dated 11/19/98. 2. The project must be developed in substantial conformance with submitted renderings entitled "Bingo at Pembroke Hall", dated 9/4/98. 3. The proposed bingo operations must be operated in strict compliance with rules and regulations established by the Commonwealth of Virginia 's Charitable Gaming Commission as it pertains to the operation of bingo halls. 4. The Bingo Games shall be limited to two (2) "Sessions" per day on Tuesday, Thursday and Friday and no more than three (3) Sessions on Monday. The first Monday Session must be a Midnight Session beginning at 12:01 a.m. The playing of Bingo during the "Daytime Session" shall not commence prior to 10:00 a.m. nor later than 11:00 a.m. and shall not be scheduled to conclude prior to 1:30 p.m. nor later than 3:30 p.m. The playing of Bingo during the "Evening Session" shall not commence prior to 6:00 p.m. 5. On any day when Bingo Sessions are scheduled in one Hall, the other Hall shall NOT be open to the public. 6. The Assembly Halls shall not be utilized: a. to host firearms trade shows or exhibits commonly referred to as Gun Shows b. for a flea market, community yard sale or similar enterprise January 26,1999 - 61- Item V-J.3. PLANNING. ITEM # 50833 (Continued) 5. The following uses shall not be permitted in the west building as long as the conditional use permit is active: vocational, technical, industrial and trade schools; truck and tractor rentals; heavy equipment sales and service; commercial parking lot; auto service; automobile rental, parts and supply stores; airports, heliports and helistops, and bingo. 6. The Assembly Halls shall not be utilized: a. To host firearms trade shows or exhibits commonly referred to as Gun Shows. b. For a flea market, community yard sale or similar enterprise. Voting: 10-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 25 , 2003 - 60- Item V-J.3. PLANNING ITEM # 50833 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED/ CONDITIONED, application of S & R Properties, L.LC. a Conditional Use Permit re a bim!o hall (approved by City Council on January 26, 1999) Ordinance upon Application of S & R Properties, L.L. C. for a Modification of a Conditional Use Permit for a bingo hall which was approved by City Council on January 26, 1999. Property is located on the south side of Cleveland Street, approximately 250 feet west of Aragona Boulevard (GPIN 1477142343). Said parcel is located at 4933 Cleveland Street and contains 4.81 acres. DISTRlCT2-KEMPSVILLE The following conditions shall be required: 1. The project must be developed in substantial conformance with the submitted site plan entitled "Revised Conditional Use Permit Plan, Bingo at Cleveland Streetfor S&RProperties, "sheets 1 and 2, dated 11/12/02 by Landmark Design. Group. A cOlh:;.,ed eMI ana. ut least 25 J~et in ~~;dth .shaH be added 0 lie, tlte pi ittlary t:-MI ana. at tl.e cente, if each bu;Zding. 2. Foundation landscaping shall be enhanced in front of both buildinfls. The pI c-ject mmt be developed iJ. substaht;al cOl/fi:>, muha. rl1it1. .submitted I eluk, ;Itg.s entitled "BiJ.go at rt;:.mb,oAe IlaH," dated 9/4/98. llo~veve', the sha,ed, cO'j)eled ent, a,..::e dey;cted in t/.e I elUtel ing .shaH be ,eplaa.d wit!. a Jimilal co t-e, ed enD ana. ut the cente, uf each bu;:dihg. The rl1idth of each ent, uua. .shaH be a minimum of 25 feet, ut.d the stl udul e .shaH eA-tend to the sir:k~va:k in fi O,lt of the bu;:ding. Dt:-,,;gn, ttlaleJial" and l.-vlv,.s .shaH be ,e!i;erl1t:-..J ahd ap}/'vved by the DileclO! of .t.n.:-a,lIlit.g 0' his des igllee. 3. The proposed bingo operations must be operated in strict compliance with rules and regulations established by the Commonwealth of Virginia 's Charitable Gaming Commission as it pertains to the operation of bingo halls. 4. The Bingo Games shall be limited to two (2) "Sessions" per day on Tuesday, Thursday, and Friday and no more than three (3) Sessions on Monday. The first Monday Session must be a Midnight Session beginning at 12:01 a.m. The playing of Bingo during the "Daytime Session" shall not commence prior to 1 0:00 a.m. nor later than 3:30 p.m. The playing of Bingo during the "Evening Session" shall not commence prior to 6:00 p.m. February 25,2003 r Map B-7 Mo Not to Scola S&R LLC JlI;INlA BEACl.." BLJ!D., Modifications of Conditions CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of S & R Properties, L.L.C. for a Modification of Conditions for a Conditional Use Permit (bingo hall) approved by City Council on January 26, 1999 and February 25, 2003. Property is located at 4933 Cleveland Street (GPIN 1477142343). DISTRICT 2 - KEMPSVILLE MEETING DATE: October 24, 2006 . Background: Application of S & R Properties, L.L.C. for a Modification of Use Permit Condition Four pertaining to hours of operation for a bingo hall, approved by the City Council on January 26, 1999 and as modified on February 25, 2003. Considerations: The applicant does not propose to change or modify the existing structure or substantially change the use. Condition Four attached to the Use Permit does not permit bingo on Saturday or Sunday. The applicant's request is to permit bingo gaming on Friday, Saturday and Sunday and to eliminate gaming on Tuesday and Thursday. Traffic in the vicinity is likely to be less on Saturday and Sunday since uses in the area primarily operate during weekdays. Staff concludes that this change in days will not have any negative impact on surrounding properties. The Planning Commission placed this item on the consent agenda because they concluded the request was reasonable, 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: 1. All conditions with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on February 25, 2003, shall remain in affect. 2. Condition Number 4 of the February 25, 2003, Conditional Use Permit is deleted and replaced with the following: The Bingo Games shall be limited to two (2) "Sessions" per day on Friday, Saturday and Sunday and no more than three (3) Sessions on Monday. The first Monday Session must be a Midnight Session beginning at 12:01 a.m. The playing of Bingo during the "Daytime Session" shall not commence prior S & R Properties, L.L.C. Page 2 of 2 to 10:00 a.m. nor later than 3:30 p.m. The playing of Bingo during the "Evening Session" shall not commence prior to 6:00 p.m. . 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.~ CYl"z., REQUEST: S&R PROPERTIES, LLC Agenda Item 4 September 13, 2006 Public Hearing Map E-7 Mo Not to SCl'!llc. Staff Planner: Carolyn A.K. Smith Modification of the Conditional Use Permit for a bingo hall approved by the City Council on January 26, 1999 and modified on February 23, 2003. ADDRESS I DESCRIPTION: 4933 Cleveland Street GPIN: 14771423430000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 4.81 acres A Conditional Use Permit permitting bingo within two (2) separate buildings to be constructed on the site was approved by the City Council on January 26, 1999. The Use Permit was modified by City Council on February 23, 2003. That request modified the site plan and the rendering previously approved. The applicant reduced the number of bingo halls from two (2) to one (1), leaving the second building to be occupied by a light industrial use rather than bingo. The applicant also requested to eliminate the shared covered entrance that connected the two (2) buildings. The Conditional Use Permit has six (6) conditions: SUMMARY OF REQUEST 1. The project must be developed in substantial conformance with the submitted site plan entitled "Revised Conditional Use Permit Plan, Bingo at Cleveland Street for S & R Properties," sheets 1 and 2, dated 11/12/02 by Landmark Design Group. 2. Foundation landscaping shall be enhanced in front of both buildings. 3. The proposed bingo operations must be operated in strict compliance with rules and regulations established by the Commonwealth of Virginia's Charitable Gaming Commission as it pertains to the operation of bingo halls. '~'/;"'::Y',^"i'-'\:..<:t.., ok., >.;~ ' .::...;:~c..(( ,~~: ~\ r /' /'\ \,..../ ','. -,'" -~",,:,~..... ., .... .. .. '-.-, .... ,:' , ~'~ .':>:/;';~;~~:/~:::~;';:s:_:<:";'~i:>::,;^ ,"'.- .::,",,~ , ~~>)l~-.:-:;.>:.,::""..:'/: ';>j "~:c SAND RPROPERTJES ,Agendalt~f:n 4 . . . Page ,1 :\':~~(:: r r. 4. The Bingo Games shall be limited to two (2) "Sessions" per day on Tuesday, Thursday, and Friday and no more than three (3) Sessions on Monday. The first Monday Session must be a Midnight Session beginning at 12:01 a.m. The playing of Bingo during the "Daytime Session" shall not commence prior to 10:00 a.m. nor later than 3:30 p.m. The playing of Bingo during the "Evening Session" shall not commence prior to 6:00 p.m. 5. The following uses shall not be permitted in the west building as long as the conditional use permit is active: vocational, technical, industrial and trade schools; truck and tractor rentals; heavy equipment sales and service; commercial parking lot; auto service; automobile rental, parts and supply stores; airports, heliports and helistops, and bingo. 6. The Assembly Halls shall not be utilized: a. To host firearms trade shows or exhibits commonly referred to as Gun Shows. b. For a flea market, community yard sale or similar enterprise. Condition 4 does not permit bingo on Saturday or Sunday. The request for the modification to the existing permit replaces "Tuesday" and "Thursday" in the first sentence of Condition 4 with "Saturday" and "Sunday." LAND USE AND ZONING INFORMATION EXISTING LAND USE: The property is currently developed with one (1) bingo hall and (1) industrial building. The front quarter of the property is zoned B-2 Community Business District, and the back three-quarters is zoned 1-1 Light Industrial District. SURROUNDING LAND USE AND ZONING: North: . Office and light industrial uses / B-3 Central Business District and 1-1 Light Industrial District. . Norfolk Southern railroad right-of-way . Paper distributor / B-2 Community Business District . Vacant property / 1-1 Light Industrial District . Automobile repair facility /1-1 Light Industrial District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant environmental features on the site, as it is almost entirely impervious. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER & SEWER: This is already connected to City water and sewer. /,,>,,Z'\.,.;:;;",, ;-_'0"" ", '.;," <' ,.~, "~"<> ";"'" "-""\-<<i;-''-- . :./"" <\\;,. : .<'v....::' 0.';;-:.',>.:<< f #.' SAND B :,?ROPERJIES ~ Agenda Item 4 Pag~ .2 ::.",::,~",,,-, \': ; ~ r- ~ Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this property as being within Strategic Growth Area (SGA) 4. The West Pembroke Subarea of the larger SGA 4 comprises small commercial or industrial-related businesses with outdoors storage, limited parking and few sidewalks. Land use recommendations for this Subarea include a vertical mix of mid to high-rise residential uses, a variety of compatible higher value non-residential uses such as office, retail, open space, entertainment, educational, and similar urban activities. . Evaluation: The applicant does not propose to_change or modify the existing structure or substantially change the use. At its simplest, the request is to permit bingo gaming on Friday, Saturday and Sunday and eliminate gaming on Tuesday and Thursday. Traffic in the vicinity is likely to be less on Saturday and Sunday since uses in the area primarily operate during weekdays; therefore, Staff does not feel that this change in days will have any negative impact on surrounding properties. CONDITIONS 1. All conditions with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on February 25, 2003, shall remain in affect. 2. Condition Number 4 of the February 25, 2003, Conditional Use Permit is deleted and replaced with the following: The Bingo Games shall be limited to two (2) "Sessions" per day on Friday, Saturday and Sunday and no more than three (3) Sessions on Monday. The first Monday Session must be a Midnight Session beginning at 12:01 a.m. The playing of Bingo during the "Daytime Session" shall not commence prior to 10:00 a.m. nor later than 3:30 p.m. The playing of Bingo during the "Evening Session" shall not commence prior to 6:00 p.m. 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. """".,,=^ '-"'. ....,-,.", '5 ;C_'<'N\<\.,~}, ".-;-, <~); / C'- ' "Mo._ 't SAND H:PROPERTIES ;;;A.genda It~m 4 . PagE? 3 ,..- c- r- AERIAL OF SITE LOCATION ,'<;':" ...c,~~. "::'~ ;:,,>~~:~{ 'p.--,' .."':, \.:..... ". 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SAND RPROPE ,Agendal .g :::',N:,'_y , +.:-';'.. \- 1- Map B-7 Mo Not to Scole S&R LLC 'R[;INlA- BEACJT BL ~D ~ 02' 003 ~ {b ~~~ CM7 I I B 2 Modifications of Conditions 1 11/09/04 CUP (fuel sales) Granted 2 02/25/03 CUP (bingo hall) Granted 1 0/20/86 CHANGE OF ZONING (B-3 to 1-1) Granted 3 11/13/01 RECONSIDERATION OF STREET Withdrawn CLOSURE 1 0/20/86 CHANGE OF ZONING (B-3 to B-2) Granted 4 08/10/87 CUP (auto repair) Granted 5 02/02/87 CUP (auto sales) Granted 6 09/21/87 STREET CLOSURE Granted 7 02/04/85 STREET CLOSURE Granted ZONING HISTORY ---""( L'~ "'~ ;,\.V<.::;': >"'''~\\''''; ". ,';: ,....~,' .,'\ ;i"~; ,......,..."':!'.".:::.:} (:':'--- " , ,~:;:{~:'" i ..- ,- " ",-".,.,,-:- SAND HJ?ROPERTIES Agenda I 4 6 /" '_.::-, .,n,-"c' ,"c'::-":;"" r .. NOillI1c1dVSNOWONOOdO NOLIVOW(lOW~' . I- % w :E w !;( I- CI.) W ex:: :;:) CI.) .Q ..J o (Q o . I- Z w :E w ~. ti w ex:: :;:) (Q 9 o (f) o I) ift I~~ ill 11')2 ~ ~ .11I.....0.. 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NOUIlI1ddV SNOWlIN03 dO NOUIlWOOW <Ii i I 15 e . f;l ~l rf !~t~~ d~!~:=; l!! ciS ! Jl ;i!~l ~ !il ~ <!(tj~B &.li~ !i~' 1/Iol-e eil! {l!!li i~-'lii .81/1:1 &..5:..l .::; -c; " =.==.... . .... 01: ~,g 1/1; 11 tl 1!~ -e. ':8 !~ 11;: 5~ o DISCLOSURE STAIEME:N;t-:;~<;_ .,..,,/ _.,'::}>_< ....:.~:.;::" / - "0.': _ '::,,-':-_" --c. >' ~,~,' '":: ~->..-:';:::'~:-'-;';~;}< ~". ~,\' "-_f" ' ~: ,',:,>' "':', ...-'..,;""..' SAND Fi:iPROF?E .t.gendal ~ ~ Item #4 S & R Properties, L.L.c. Modification of Conditions 4933 Cleveland Street District 2 Kempsville September 13, 2006 CONSENT Janice Anderson: The next item is agenda item 4. It is an application of S & R Properties, L.L.c. for a Modification of Conditions on a Conditional Use Permit for a bingo hall that was approved by City Council back in 1999, and again in February 2003. It is located on property at 4933 Cleveland Street in the Kempsville District. Mr. Bourdon? = Eddie Bourdon: Thank you Ms. Anderson. Again, Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate being on the consent agenda with this minor modification to the proffers. I did try to contact, and I know you got a letter in this morning. I left them a message, and I actually know one of the signers of that letter. Obviously, they didn't understand what the application was; so, I left them a message to explain that. Janice Anderson: Thank you. Eddie Bourdon: Thank you. Janice Anderson: Is there any objection to this application being placed on consent? Could you please come forward? Laurie Pocock: My name is Laurie Pocock. I'm with South Coast Contractors. Janice Anderson: Okay. Laurie Pocock: Eddie, I don't know if you left that message for me? Eddie Bourdon: I did. Laurie Pocock: You did. Janice Anderson: Would you like for us to drop this down on the consent agenda? 1'11 recall it, if you want to take a few minutes. Thank you very much. LATER e-.-- Item #4 S & R Properties, L.L.c. Page 2 r-.. Janice Anderson: I would like to go back to agenda item 4, S & R Properties, L.L.c. Eddie Bourdon: Thank you Ms. Anderson. The businesswomen who came down today, Ms. Pocock and Ms. Gwaltney, I left them a message, and I actually had the privilege of representing Mr. Pocock's husband. They did not understand the application. They do now. They appreciate the fact that changing the game from Tuesday and Thursday to Saturday and Sunday - they agreed that it is better. They have no objection. Janice Anderson: Okay. Thank you Mr. Bourdon. Is there any other objection to this application being placed on the consent agenda? Therefore, Mr. Livas, would you please review this application for us. Henry Livas: This application is for a Modification of the Conditional Use Permit for a bingo hall, approved by City Council on January 26, 1999 and modified February 23, 2003. As a result of the existing Use Permit, bingo gaming currently takes place on Tuesday, Thursdays, Fridays and Mondays at 4933 Cleveland Street. The request before us today is to permit bingo gaming on Monday, Friday, Saturday, and Sunday and eliminate gaming on Tuesdays and Thursday. This change does not have any negative impact on surrounding properties since the traffic from other activitiesin the area should be less on Saturday and Sunday. Therefore, we recommend approval of this request. = Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the following application. It is agenda item 4. 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. 1'11 call for the question. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KA TSIAS KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABSENT 2 ABSENT ABSENT ;-- - = ;-- ;- Item #4 S & R Properties, L.L.c. Page 3 Ed Weeden: By a vote of 9-0, the Board has approved item 4. Barry Knight: Thank you. - 49- Item VI-K.S. PLANNING ITEM # 48822 (Continued) 5. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) tofour (4)feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 6. 'A fifteen foot (I5? wide, Category IV landscape buffer shall be installed along all property lines that abut residentially zoned property. In addition, all other applicable landscape requirements set forth in City ordinances shall be implemented. 7. All garage doors shall remain closed other than for the maneuvering of vehicles in and out the service bays. 8. A sixfoot (6? high privacy fence shall be installed adjacent to the northern property line and eastern property line of Lot 19 (270 Clearfield Avenue). These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of October. Two Thousand One Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr.. Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 23,2001 - 48- Item VI-K.5. PLANNING ITEM # 48822 Upon motion by Councilman Harrison, seconded by Council Lady Eure, City Council ADOPTED Ordinances upon application of CHECKERED FLAG MOTOR CAR CO. for a Conditional Change of Zoning and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDillONALB-2 Z010011212 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BeACH, VIRGINIA Ordinance upon Application of Checkered Flag Motor Car Co., for a Chanfle ofZoninfl District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on the east side ofClearfield Avenue, south of Virginia Beach Boulevard'(GPIN#I467-66-3578; #1467- 66-2543; #1467-66-3453; #1467-66-2390). The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban residential/low density at densities tflat are compatible with single-family use in accordance with other Plan policies. Said parcel is located at 5225 Virginia Beach Boulevard and contains 1.45 acres. DISTRICT 2 - KEMPSVILLE. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. AND. ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR CO., FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES ROI0013086 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Checkered Flag Motor Car Co., for a Conditional Use Permit for motor vehicle sales at the southeast intersection of Virginia Beach Boulevard and ClearfieldAvenue (GPIN #1 467-66-3578; #1467-66-2543; #1467-66-3453; #1467-66-2390). Said parcel is located at 5225 Virginia Beach Boulevard and contains 9.92 acres. DISTRICT 2- KEMPSVILLE. The following conditions shall be required: 1 All improvements and landscaping shall substantially conform to the "Conceptual Site Layout and Landscape Plan of Checkered Flag Toyota, Virginia Beach, Virginia," dated June 14, 2001, prepared by MSA, P.e., provided, however, that the plan may be revised as necessary to conform with requirements of applicable City ordinances. 2 No loud speakers or outdoor speaker system shall be permitted on site. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent residential or surroundingproperties. 4. The existing "nonconforming" free standing sign, fronting Virginia Beach Boulevard and near the main entrance of the site, shall be removed. This sign may be replaced, provided it meets the sign regulations outlined in the City Zoning Ordinance. October 23, 2001 Item V-J.3 PLANNING Voting: - 43- ITEM #53689 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 - 42- Item V-J.3 PLANNING ITEM #53689 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of SNYDER FAMILY TRUST for a Conditional Change of Zoning and MODIFIED, Conditional Use Permit to incorporate three (3) rezoned parcels into whole project (approved by City Council October 23,2001): ORDINANCE UPON APPLICATION OF SNYDER FAMILY TRUST FORA CHANGE OF ZONING DISTRICTCLASSIFICATIONFROM R-7.5 TO CONDITIONAL B-2 Z03051218 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Snyder Family Trust for a Change of Zoninf! District Classification from R-7.5 Residential District 10 Conditional B-2 Community Business District on property located on the east side of Clearfield Avenue, approximately 600 feet south of Virginia Beach Boulevard (GPINS 14676612940000; 14676621650000; 14676610690000). The Comprehensive Plan designates this site as part of Strategic Growth Area 3 - Newtown Area, suitable for office and light industrial uses. The purpose of the rezoning is to expand an existing automobile sales and repair facility. DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. ORDINANCE UPON APPLICATION OF SNYDER FAMILY TRUST FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON OCTOBER 23, 2001 R030531236 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Snyder Family Trust for a Modification of Conditions for a Conditional Use Permit approved by City Council on October 23, 2001 on property located at 5225 Virginia Beach Boulevard and on the east side of Clearfield Avenue, approximately 600 feet south of Virginia Beach Boulevard (GPINS 14676612940000; 14676621650000; 14676610690000; 14676692260000). DISTRICT 2 - KEMPSVILLE These Ordinances shall be effective in accordan.ce with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eight of March Two Thousand Five March 8, 2005 Item V.L.3. PLANNING Voting: - 44- ITEM#55155 (Continued) . '.~ 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 - 43- Item V.L.3. PLANNING ITEM # 55155 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED an Ordinance upon application of EVERGREEN VIRGINIA, LL.C, CHECKERED FLAG: MOTOR CAR CO., INC and STEPHEN M. SNYDER, CO-MANAGER for a Conditional Chanf!e of Zoninf! and MODIFIED Conditions (approved March 8, 2005 and October 23, 2001) re incorporating existing property into newly rezoned lot with accessory parking: ORDINANCE UPON APPLICATION OF EVERGREEN VIRGINIA, L.L.e. and CHECKERED FLAG MOTOR Co., INe. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 RESIDENTIAL DISTRICT TO CONDITIONAL B-2 Z04061248 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Evergreen Virginia, L.L. C and Checkered Flag Motor Co., Inc. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located at 270 Clearfield Avenue (GPIN 14676623900000). DISTRICT 2 -KEMPSVILLE AND, ORDINANCE UPON APPLICATION OF EVERGREEN VIRGINIA, L.L.e. and STEPHEN M SNYDER, CO-MANAGER FOR A MODIFICATION OF CONDITIONS (APPROVED MARCH 8, 2005, AND OCTOBER 23, 2001) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIJllIA Ordinance upon application of Evergreen Virginia, L.L. e. and Stephen M Snyder, Co-Manager for a Modification of Conditions (approved on March 8, 2005, and October 23, 2001) on property located at 270 Clearfield Avenue (GPIN 14676623900000) DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fzfth of April, Two Thousand Six. April 25, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Checkered Flag Motor Car Company for a Modification of Conditions for requests approved by City Council. Property is located at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue (GPINs 1467666379; 1467662390). DISTRICT 2 - KEMPSVILLE MEETING DATE: October 24, 2006 . Background: Application of Checkered Flag Motor Car Company for a modification of the conditions and proffers attached to Change of Zoning and Use Permit requests for automobile sales at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue, approved by City Council in 2001, 2005, and 2006. The purpose of the modification is to allow building additions and site improvements related to a new master plan for the facility. . Considerations: The applicant is requesting modifications to both proffers and conditions of previously approved applications for continuity with a new master plan for the entire site. The applicant's current request will effectively supersede the previous proffers and use permit conditions in accordance with a new plan presented in the attached staff report. The new master plan submitted with the current application depicts expansions to existing buildings and parking modifications. These changes will occur in five phases, as identified on the master plan. The design of the exterior building elevations of the first two phases of expansions have been completed and provided with this request. The proposal is compatible with the adjacent properties. The exterior building materials for the expansions proposed are similar to what has been used on the existing buildings. The proposal is also consistent with the Comprehensive Plan's land use polices for this area. The Planning Commission placed this item on the consent agenda because this request results in a comprehensive development plan for the site, the proposed development will improve the aesthetics of the site and enhance its economic viability, and there was no opposition to the request. Checkered Flag Motor Car Company Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request as proffered and with the following conditions: 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Service Center review. 2. Existing "nonconforming" free-standing signs shall be removed. Signs shall meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out the service bays. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Service Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No loud speakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. . 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. k . ~~ CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 1 0 SEPTEMBER 13, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Modification of Proffers of the Conditional Change of Zoning from R-7.5 Residential District to B-2 Community Business District granted by City Council on March 8, 2005 and April 25, 2006. Modification of Conditions of the Conditional Use Permit for motor vehicle sales granted by City Council on October 23, 2001 and modified on March 8, 2005 and April 25, 2006. ADDRESS I DESCRIPTION: Properties located at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue. GPIN: 14676623900000 14676663790000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 658,120 square feet 15,414 square feet Total: 673,534 square feet or 15.46 acres SUMMARY OF REQUEST The applicant is requesting modifications to both proffers and conditions of previously approved applications for continuity with a new master plan for the entire site. A map is provided on the following page depicting the rezoning and use permits requests since 2001 that have resulted in the current configuration and use of the site. The applicant's current request will effectively supersede the previous proffers and use permit conditions in accordance with a new plan described below and as proffered as part of this change of zoning. The Master Plan submitted with the current application depicts expansions to existing buildings and parking modifications. A detailed description of the changes is provided on page 11 of this report. These changes will occur in five phases as identified on the master plan. The design of the exterior building elevations of the first two phases of expansions have been completed and provided with this request. CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 1 ....... i { ! i I ./ . , , , ' j, ii --- <'---.-- '. - -.----..,., "..~ ", >. ;:"-"~,~ --------.. " J , "'--~..J /....... ./~: ..--....-............" I:: ..... /- '. f f;~ j; . -.'-.- - . - :1-'::::-:- ,/" ',.-':;;.~:.:,.c.:::::-;;._~-'_ f .I 1 :ult. zllf zlll :. :1.111 ' If ~Jla ill' i!l; I:JI.~ ~Ii j~ ~Ii -, ~Ici i ~Jllll ~Bll t~ I)!~ ~I !"!~I "1- ei ..ii ~tl'li ~tl' 1 ~ll'tl f.lifllll"jf'ii ~.lffiJ ~, ~ I. "" - a '. i& I 1 ~.!Jfl. "" II.. G:1.!... ):<'c:5'li;'I rs;,c:t... ;;;;;c:5... ~ f! ~~ EE ~fi ;!: ~ (~ i .h IiI ~.I Ii. I!! "If ~Jil ~..II sl J! ~ I. f= .- ! ~ l:. :: IIi @ .:>>'1. ~q: CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Primarily Motor vehicle sales SURROUNDING LAND USE AND ZONING: North: . Across Virginia Beach Boulevard are retail establishments I B-2 Community Business District . Retail Establishments I B-2 Community Business District . Retail Establishments I B-2 Community Business District . Across Clearfield Avenue are single-family dwellings I R-7.5 Residential District South: East: West NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is developed with structures and parking. AlCUZ: The site is in an AICUZ of less than 65 dB ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPIT At IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The Master Transportation Plan (MTP) proposes a 150 foot right-of-way section. There are no current Capital Improvement Projects (CIP) slated for this area. No additional access points are proposed. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 43,012 ADT' 34,940 ADT (level of Existing land Use "" - Boulevard Service "Cft) 2,797 ADT 56,240 ADT 1 (level of 128 AM Peak Hour Vehicles Service "Oft) CAPACITY (entering) 135 PM Peak Hour Vehicles (exiting) Proposed land Use 3 - 4,534 ADT 207 AM Peak Hour Vehicles (entering) 219 PM Peak Hour Vehicles (exitina) Clearfield Two-lane undivided local street. No traffic counts are available. Avenue Average Dally Tnps 2 as defined by existing vehicle sales 3 as defined by total expansion of five phases CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 3 Roadway improvements will be required on Clearfield Avenue where improvements do not currently exist. Future comments will be forthcoming upon a site plan submission. STORMWATER MANAGEMENT: Develop a stonnwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The stonnwater management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. The existing BMP shown on the Master Site Modification Plan appears to be minimal size and should be reviewed to determine if it will be adequate to handle the additional site plan improvements. Public Works reserves the right to provide future comments if and when site plan improvements for the property are submitted to the City for review. WATER: Multiple meters (domestic, fire, irrigation) serve the property. Analysis of the existing fire and domestic meters are required to ensure future flows can be accommodated. There are a 16 inch and 20 inch city water mains on Virginia Beach Boulevard. There is an 16 inch city water mains on Clearfield Avenue. SEWER: This site currently connects to city sanitary sewer. Analysis of Pump Station #356 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 10 inch city gravity sanitary sewer main on Virginia Beach Boulevard. There is a 6 inch city force main on Virginia Beach Boulevard. There is a 10 inch city gravity sanitary sewer main on Clearfield Avenue. There is an 8 inch city force main on Clearfield Avenue. FIRE: The Fire Department will review the site plan during the Development Services Center's process when greater details are provided. Recommendation: Staff recomme~ds approval of this request with the submitted proffers and the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes a significant portion of this site to be within Strategic Growth Area 4. Evaluation: The proposal is compatible with the adjacent properties. The exterior building materials for the expansions proposed are similar to what has been used on the various existing buildings. This proposal is consistent with the Comprehensive Plan's land use polices for this area and is recommended for approval. 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, D (~107{h){1)). Should this application be approved, the proffers will be recorded at the Circuit Court and selVe CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 4 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 exhibits entitled "Checkered Flag Toyota & BMW Expansion Master Site Modification Plan, Virginia Beach, Virginia," dated June 1,2006, prepared by Landmark Design Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Deparbnent of Planning (hereinafter "Elevations"). PROFFER 2: When the Property is developed, the buildings depicted on the exhibits entitled "Proposed Elevations for Checkered Flag Toyota, Virginia Beach, Virginia," and "Proposed Elevations for Checkered Flag BMW Virginia Beach, Virginia," both dated May 31.2006, prepared by Lyall Design Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Deparbnent of Planning (hereinafter "Elevations"). PROFFER 3: The use of the Property shall be automobile sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Virginia Beach on October 23, 2001, modified on March 8, 2005 and April 25, 2006. PROFFER 4: Further conditions will supercede all previous proffers approved by the Virginia Beach City Council as follows: Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31,2001 in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001 ;that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005. as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; and that certain Proffer duly recorded in the Cler1<'s Office of the Circuit Court of the City of Virginia Beach, Virginia on May4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25. 2006. 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 August 22, 2006. and found it to be legally sufficient and in acceptable legal form. CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 5 Conditions A Conditional Use Permit for motor vehicle sales was granted by the City Council on October 23, 2001 with 7 conditions and modified on March 8, 2005 and April 25, 2006. The following are the new conditions to supercecle the conditions for the conditional use permits indicated above. 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Service Center review. 2. Existing "nonconforming" free standing signs shall be removed. Signs are to meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out the service bays. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Service Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No Joud speakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. NOTE: Further conditions may be required during the administration of applicable City Otrllnances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standatrls. 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. /" CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 6 AERIAL OF SITE LOCATION CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 7 ~ . . co ;II 0 N C - ~ .. .,: - III S >- z ,,; :>> .. u - -= =. ~ 1:1 . -= Z ~ - ~ .- - ; ,.. I I I ~ II ~ ~ t =1 i d II! I.. .11 s is ; ; !5 I ~: I It JI I liii;;i ~~ . . . , ~ -!- . si i I ~: Gel 1t~lll_I.1 IIIDIIII~ . I I!I · . r ~i --.'.-.--, tJ__,II 1001 ~ I ~~ ~ PROPOSED SITE PLAN CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 8 } i i Checkered Flag Motor. Car Company is ~g mOdifications to proffers and . conditions of prior applications. The mOdifications are based on both building expansions . and parlcing reviSions to include re-pavement and re-striping of spaces. Five phases have been planned that will include the building expansions as well as the parking lot modifications.. r .Phase One will involve the expansion of the BMW!Juilding to include new parts, sel'\Iiee, . and prep areaS with construction to match.Cllti.sting. This expansion to the building will be approximately 12,534 square feet. The expansion to the building will necessitate the .JeDlOval of a portion of.the existing parking lot and will require a new entrance to the 'dealership :&om VIrginia Beach Boulevard. The existing entl1mce will be removed. A ,new customer/visitor parking area will be located near the western entrance of the existing building and new expansion. . , . PhaSe One Parking Lot ModifiCations will include the re-alignment and re-striping of parking lot stalls in the ~MW parking lot due to the building expansion. It will also include the realignment and re-striping of the parking lot ~ located in the rear of the Toyota building. 'This modification to this parking lot will provide for an additional seventy plus premium parking spaces the dealership desires. Phase Two will include the expansion of the Toyota building. The expansion to the building will provide for neW parts, service, and prep areas with construction to match existing. This expansion covers Spproximately 28,950 square feet. phase Three will.involve the expansion and renovation of the Checkered Flag office building which is located to the east of the property and adjacent to the BMW building. This expansion win accommodate three ,drive-tbru lanes and an .t\SM area for custouier support. The construction of the expansion and renovation.will match the attached BMW drive-dnu and showroom. This phase will also require the removal oftbe existing Mini- dealership building for this expansion. The new expansion will cover 6,048 square feet in area. Phase Three parking modifications will involve the re-alignment of the eastern driveway access, the front and rear parldng lot re-alignment and re-striping directly in front and rear of the office and eXpaosionbuilding. . Phase Four will include the expansion of the eastern end of the front. showroom of the Toyota building. The construction of the showroom expansion will match the existing adjacent showroom. This expansion covers approximately 1,792 square feet. Phase Five will cover 2,500 ~ feet of expansion to the body shop area located along the eastern side of the existing building. .. Stonn:water drainage will be controned by the existing underground stonnwater BMP that was installed for the previous and current parking lot expansion under DSC file #006-615 aDd by the existing wet stonnwater pond that bas been in operation for several years. PROPOSED MODIFICATIONS CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 9 I- ~ r- I- , ;....,... ~ H ..... m Tl lR:II I ~ n II FT -p: ~I' '. < E-4 0 > 0 f-4 '" -< 0 - lL l!: - ClIO C Z 0 '" C) - ;. ~ - < Iw . < ...:l :I: ~ t.I Dl ... ~ -< a:l III III c:l < III Q - . Z 0 ~ - Ao C) 0 ~ iii: '" - II. ~ I::t:t ~ U ~ ::c u PROPOSED BUILDING ELEVATIONS CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 10 ., .;U i ". " ::, -j Uil[f ':'1 ~, :: ., :: ;,~ ). , : .. , ~ ; :; ., :; .' t", ~: " " ,: , Ii: II ~ , ,.,. :" : : " , : .. : : .. : : .. : I , I I : I i ~ I I i( - c:I I=:f . ,. c o Cl Tiii;J I. ~! ~ :! = .1""" < 0....,- 110 ;z: ...<;; ~..1lC O~.. ... > fooli:.. < iii > tI iii "'0< iii III . 0"'< 1iI~.. ......-ell: o .. ..~O o IlC IlC ..... .. ..JIAl> u ~ = U PROPOSED BUILDING ELEVATIONS CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 11 Checkered Pia 2 1 04/25/06 Change of Zoning (R-7.5 to Conditional B-2) Modification of Conditions Granted 03/08/05 Change of Zoning (R-7.5 to Conditional B-2) Modification of Conditions Granted 04/10/02 Conditional Use Permit for motor vehicle rentals Granted 10/23/01 Change of Zoning (R-7.5 to Conditional B-2) Conditional Use Permit for auto sales & repair Granted 10/10/94 Change of Zoning (R-7.5 to Conditional B-2) Conditional Use Permit for auto sales & repair Granted OS/25/93 Conditional Use Permit for parking lot & storage Granted OS/23/88 Conditional Use Permit for auto sales & repair Granted 2 01/11/05 Chanae of Zonina (R-7.5 to Conditional B-2) Granted 3 10/29/02 Conditional Use Permit for school additions Granted 4 06/09/98 Conditional Use Permit for communications tower Granted 5 02124/98 Conditional Use Permit for motor vehicle rentals Granted 6 03/14/95 Conditional Use Permit for church / school additions Granted ZONING HISTORY CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 12 z c=~ I I I,d c ~ I I ~ ,r..... ea ~ z c:=~ I I f--4 I I ~ Z ~ c ~ ~ o Z o I I Id c ~ I I ~ I I ~ c=~ =s II DISCLOSURE STATEMENT II .;' APPUCANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Checkered Flaq Motor Car Company, Inc. Edward B. Snyder, Jean M. Snyder, Steve M. Snyder, Frederick W. Kirschbaum, Morris Fine 2. List all businesses that have a parent-subsidiary' or affiliated business entili relationship with the applicant: (Attach list if necessary) - 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity'! relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, 1 business, or other unincorporated organization. RECE IV & 2 See next page for footnotes . . ED JUN 0 2 2006 PLANNiNGDEPMiii~~ CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 13 . ~ DISCLOSURE STATEMENT .,.... '\.>; ~ ADDITIONAL DISCLOSURES list all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Landmark Design Group, Lyall Design Architects. Morris H. Fine, Attomey 1 "Parent-subsidiary relationship. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code 9 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code 9 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the appiication has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Edward B. Snyder, President Print Name Stephen M. Snyder, Manager Print Name Modification of CondRions Application Page 11 0111 Revised 7/1112006 ~ I I I~ c ~ I I ~ ea CI'::} ~ I I :E-4 I I - ~ Z C~~ C ~ J:;E;.c C-~ z ~~ I I I~ c ~ I I J:;E;.c I I ~ o :=s ( CHECKERED FLAG MOTOR CAR COMPANY Agenda Item 10 Page 14 DISCLOSURE STATEMENT ~. r Item # 10 Checkered Flag Motor Car Company Modification of Conditions 5301 Virginia Beach Boulevard and 270 Clearfield Avenue District 2 Kempsville September 13,2006 CONSENT Janice Anderson: The next item is agenda item 10, Checkered Flag Motor Car Company. It is for a Modification of Conditions on the Use Permit. This is property located on Virginia Beach Boulevard and Clearfield Avenue. This is in the Kempsville District. We1come Mr. Fine. Morris Fine: I'm Morris Fine, an attorney. I represent Checkered Flag. This is really a housekeeping item. They are aware of the conditions and accept them, and thank you. Janice Anderson: Thank you Mr. Fine. Is there any objection to this application being placed on the consent agenda? Henry Livas will review this application for us. = Henry Livas: This application is for a Modification of Proffers of the Conditional Change of Zoning from R-7.5 Residential District to B-2 Community Business District, granted by City Council on March 8, 2005 and Apri125, 2006. Also, Modification of Conditions of the Conditional Use Permit for motor vehicle sales granted by City Council on October 23,2001 and modified on March 8, 2005 and Apri125, 2006. The applicant is requesting modifications to both proffers and conditions of previously approved applications for continuity with the new master plan for the entire site. The applicant's current request will effectively supersede the proffers and Use Permit conditions in accordance with the new plan reflected in this change of zoning. The master plan submitted with the current application depicts expansions to existing buildings and parking modifications. The master plan identifies changes that shall occur in five phases. Therefore, we recommend approval of this request with the submitted proffers and eight conditions. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the following application. It is agenda item 10. 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 #10 Checkered Flag Motor Car Company Page 2 ANDERSON BERNAS CRABTREE HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 10. ABSENT ABSENT CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6570 DATE: October 11, 2006 FROM: Leslie L. Lilley - B. Kay WiISO~~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Checkered Flag Motor Co. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24, 2006. I have reviewed the subject proffer agreement, dated August 22, 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 / his Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 22nd day of August, 2006 by and between EVERGREEN VIRGINIA. LLC, a Virginia limited liability company, Property Owner, herein referred to as Grantor, party ofthe first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSE TH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Kempsville Magisterial District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively 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 modify and amend that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21,2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; and that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006 and the Zoning Classification of the Property Page 1 of6 GPIN 1467-66-6379 & 1467-66-2390 from R-7.5 Residential District to Conditional B-2 Community Business District (Conditional); 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 different types of uses on and in the area of the Property and at the same time to recogntze 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 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 Modification 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 Modification 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 rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes Page 2 of6 the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Checkered Flag Toyota & BMW Expansion Master Site Modification Plan, Virginia Beach, Virginia," dated June 1,2006, prepared by Landmark Design Group, "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. When the Property is developed, the buildings depicted on the exhibits entitled "Proposed Elevations for Checkered Flag Toyota, Virginia Beach, Virginia," and "Proposed Elevations for Checkered Flag BMW Virginia Beach, Virginia," both dated May 31, 2006, prepared by Lyall Design Architects which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 3. The use ofthe Property shall be automobile sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Virginia Beach on October 23,2001 and modified on March 8, 2005 and April 25, 2006. 4. Further conditions will supercede all previous proffers approved by the Virginia Beach City Council as follows: Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; that certain Proffer duly Page 3 of6 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21,2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; and that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006 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. All references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance ofthe 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 such Page 4 of6 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 rec<;>rded 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 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 ofthe Zoning Page 5 01'6 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. WITNESS the following signatures and seals: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Stephen M. Snyder, Manager of Evergreen Virginia, LLC, whose name is signed as such to the foregoing instrument dated the 22nd day of August, 2006 did personally appear before me in my City and State aforesaid and acknowledge the same before me. ., -- r:>vJ GIVEN under my hand and SUr dai2AUguSt, 2006 Notary Public ~ My commission expires: September 30, 2007 Page 6 of6 5301 VIRGINIA BEACH BOULEVARD; GPIN 1467-66-6379 Parcel One: . ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel B-1, as shown on that certain plat entitled, "Resubdivision Plat of Property of The Runnymede Corporation (DB 2564, Pg 126) (MB 257, Pg 20-21) & Snyder Family Trust (DB 1264, Pg 339) (MB 90, Pg 42), Bayside Borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 260, Page 20; reference to said plat is hereby made for a more particular description of said property. Parcel Two: ALL THAT certain tract or parcel ?f land with the buildings and improvements thereon, situate in the Kempsville Magisterial District of Virginia Beach (formerly Princess Anne County), Virginia, and bounded and described as follows: BEGINNING at an old pin in the southeastern line of Virginia Beach Boulevard and running thence North 58 degrees 00' West along said Virginia Beach Boulevard for a distance of211.05 feet to an old pipe; thence running South 17 degrees 30' West a distance of 609.41 feet to an old pipe; thence running South 73 degrees 33' East, a distance of 130.30 feet to a pin; thence running South 77 degrees 50' East, a distance of 128.4 feet to an old pipe; thence running North 10 degrees 48'30" East, a distance of65.50 feet to an old pipe; thence running North 13 degrees 29' 15" East, a distance of 68.04 feet to an old pin; thence running North 11 degrees 43' 05" East, a distance of 411.46 feet to an old pin to the Point of Beginning; reference is hereby made to a plat made by W. B. Gallup, Surveyor, dated September 30, 1971 and entitled, "Topographical Survey of Property of John Paphites and Part of Selma Properties, Inc., Parcel A, which is recorded in Map Book 90, at Page 42. In addition to the above property there is hereby conveyed together with the right in common with those parties of record entitled thereto, their successor and assigns, to use that certain lane of the width of 10 feet adjacent to the westerly line of the aforesaid property as shown on said plat. LESS AND EXCEPT that certain Highway Take, dated December 14, 1988 recorded in Deed Book 2794, at Page 1843 and Confirmed Order recorded in Deed Book 2958, Page 1586. Parcel Three: ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, fronting on the southern side of Virginia Beach Boulevard, as shown on plat entitled, "Physical Survey of Part of Property on Plat of Property of J.N. Garrenton", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1005, at page 672; and bounded and described as follows: BEGINNING at a point on the Southern side ofthe right of way of the Virginia Beach Boulevard at the dividing line between this property and the property now or formerly of John Paphites, and from said point running thence along the Southern side of the right of way of the Virginia Beach Boulevard, South 58 degrees 00' East, 139.6 feet +/- to the dividing line between this property and the property now or formerly of Malco Investment -Corporation; thence turning and running South 32 degrees 00" West 387.05 feet to a point; thence turning and running North 12 degrees 10' East, 411.46 feet to the southern side of the right of way line of the Virginia Beach Boulevard, the Point of Beginning. LESS AND EXCEPT: that portion conveyed to the Commonwealth of Virginia for Highway purposes recorded in Deed Book 2795, at page 1444 and Confirmed by Order recorded in Deed Book 2958, at page 1589. Parcel Four: ALL THAT certain lot, piece or pl:!fcel of land, with the buildings and improvements thereon, lying, being and situate in Kempsville Borough of the City of Virginia Beach (formerly Princess Anne County), State of Virginia, and numbered and described as Lot Nine (9) on that Plat of Clear Acres, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 57; said lot fronting seventy-five (75) feet on the east side of Clearfield Avenue and extending back between parallel lines, the northern line being two hundred seventeen and six tenths (217.6) feet and the southern line two hundred fourteen and two tenths (214.2) feet. Parcel Five: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, known, numbered 274 (formerly 944) Clearfield Avenue, situate in Bayside Borough, in the City of Virginia Beach, State of Virginia, known, numbered and designated as Lot 17, as shown on the plat entitled "Revised Plat of Clear Acres," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 13, at page 57. Reference is hereby made to said plat for a more particular description of said lot. Parcel Six: ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Kempsville Magisterial District, City of Virginia Beach, Virginia, and being known, numbered and designated as Lot No. Fifteen (15), as shown on that certain plat entitled "REVISED PLAT OF CLEAR ACRES", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 57. Parcel Seven: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, being and situate in Kempsville Borough in the' City of Virginia Beach, State of Virginia, and known, numbered and designated as Lot Thirteen (13), revised Plat of Clear Acres, made by S. W. Armistead, C.E., December, 1941, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Parcel Eight: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 11, as shown on that certain plat entitled, "REVISED PLAT OF CLEAR ACRES", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 57. Parcel Nine: ALL THAT certain lot, piece or p~cel of land, with the buildings and improvements thereon, situate, lying and being in the city of Virginia Beach, Virginia, being known, numbered and designated as Lot 21, as shown on that certain plat entitled,"REVISED PLAT OF CLEAR ACRES", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 57. Parcel Ten: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 23, as shown on that certain lat entitled "REVISED PLAT OF CEDAR ACRES", said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at Page 57. Parcel Eleven: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 25, as shown on that certain plat entitled, "REVISED PLAT OF CLEAR ACRES, PRINCESS ANNE COUNTY, VIRGINIA,", which plat is duly re-co!'dedin the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at Page 57. 270 CLEARFIELD AVENUE - GPIN 1467-66-2390 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, and known, numbered and designated as Lot 19, as shown on that certain plat of Clear Acres, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 13, at Page 57, reference to which is hereby made for a more particular description of said property. w .... 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'" " ~ g ci ~ ~!i;; lQ~: ~--'~~ ij ~~~~'? ~~5 .~ 0.Ql~~R VHJ]WI() ~~:c. ~~~ => 0: In 5 ~ <> ... <> ...... ~ Q:: 3 Nc;YS7.c;g N b ... .., ,00'00' 10 0: ...., ... .., N R lLJ oj 0> ::> ;;i I '" - '" Z I r .., 0_ 1..""'.), "... ~ ~ -/ N Or ~... ~ 0 < < CIl < Z U => a: C!J F => to ;: Z => ,00'001 < < I M .5',5'.58 S ~ B < <Ii r:~"'M~~ "" f"O .,. . ~ '.'f". ~ (U~__ I;) \ $~ ':'s ",. ..,;t "-~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain street known as "15' X 50' PORTION OF ALLEY TO BE CLOSED" as shown on that certain plat entitled "STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO LOTS 3 & 15 BLOCK 20 CROAT AN BEACH M.B. 24 P. 37, VIRGINIA BEACH, VIRGINIA" MEETING DATE: October 24, 2006 . Background: Application of John H. & Jennifer M. Neumann for the closure, discontinuance and abandonment of an alley located between Lots 3 and 15, in Block 20, Croatan Beach at 664 South Atlantic Avenue. DISTRICT 6 - BEACH . Considerations: The applicant requests the closure, discontinuance and abandonment of an unimproved alley so they may incorporate the right-of-way into their adjoining residential lots. This portion of the alley was the subject of a street closure request on March 23, 1981. The request was to accommodate a septic system and drain fields for future development of the adjacent lots. The request was denied and an encroachment agreement was executed. City water and sewer are available to the lots, thus eliminating the need for a septic system and drain fields. There have been several street closure requests granted along the subject alleyway during the past fifteen years. The zoning history map in the attached staff report identifies the specific properties that were granted street closures for the alleyway. The portion of the alley requested for closure is one of the few remaining City- owned portions of the alleyway along this block. The Viewers have determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. City Council has adopted a policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The proposed street closure is recommended for approval. The Planning Commission placed this item on the consent agenda because the Viewers recommended approval, there was no opposition, and the request would enable the applicant to combine Lots 3 and 15. John H. & Jennifer M. Neumann 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 City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager: ~"> K. ~ I::'P'1- JOHN H. AND JENNIFER M. NEUMANN Agenda Item 5 September 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: ~ or ~ "i'; o <;(, Q> '" Closure. discontinuance and abandonment of an allev located between Lots 3 and 15. 664 South Atlantic Avenue ADDRESS I DESCRIPTION: Property located between Lots 3 and 15, 664 South Atlantic Avenue GPIN: COUNCIL ELECTION DISTRICT: Between 24263897030000 6 - BEACH and 24263897970000 SITE SIZE: 750 square feet SUMMARY OF REQUEST The applicant requests the closure, discontinuance and abandonment of an unimproved alley so they may incorporate the right-of-way into their adjoining residential lots. This portion of the alley was the subject of a street closure request on March 23, 1981. The request was to accommodate a septic system and drain fields for future development of the adjacent lots. The request was denied and an encroachment agreement was executed. City water and sewer are available to the lots, thus eliminating the need for a septic system and drain fields. There have been several street closure requests granted along the subject alleyway during the past fifteen years. The zoning history map identifies the specific properties that were granted street closures for the alleyway. EXISTING LAND USE: Undeveloped right-of-way SURROUNDING LAND USE AND ZONING: North: South: LAND USE AND ZONING INFORMATION . Single-family dwelling I R-10 Residential . Single-family dwelling I R-10 Residential JOHN & JENNIFER NEUMAN Agenda Item 5 Page 1 East: West: · Atlantic Ocean · Single-family dwelling I R-10 Residential NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Croatan residential community. The site is on the landward side of the coastal primary dune. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS: There are no Public Work structures within the subject right-of-way. WATER AND SEWER: There are no water and sewer facilities within the subject right-of-way PUBLIC SAFETY: Police: No issues Fire and Rescue: No issues PRIVATE UTILITIES: Preliminary comments from the private utility companies indicate there are no private utilities within the subject right-of-way. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The request is in keeping with the Plan recommendations for the area. Evaluation: The portion of the alley requested for closure is one of the few remaining City-owned portions of the alleyway along this block. The Viewers have determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. City Council has adopted a JOHN & JENNIFER NEUMAN Agenda Item 5 Page 2 policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The proposed street closure is recommended for approval with the following conditions. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 (CPT ED) concepts and strategies as they pertain to this site. JOHN & JENNIFER NEUMAN Agenda Item 5 Page 3 AERIAL OF SITE LOCATION JOHN & JENNIFER NEUMAN Agenda Item 5 Page 4 I- < ~ l;; :J: ::f an 0 W<o- < 0::..... oW ~~!z~Nm g~}jt')g~ (.)z~J!!iil~ 1-li1Si!o 0 lIJ a: ....I 0:: ~~ (.) (fJ t t UVld - 3I\W' Vl~) 3NV1 vnov z < I&J (.) o (.) i= Z < F:! < "8 ~ < .. ~ 0 -' I CC"!OL<: 3 ;....~..;g N ,QO"lXl' .ocrs~ .00'001 0 N g '"'\ "" (~ g ~ \"j 8 ~ ...J CD ~ .COWl nn"" .001Xl~ .OO'SLi;: M .;".c;....S9 S I < ... ~ 0 -' l!s~ ~d hi ~~ .x; :!:;! g l< ~ '" < N ~ W a'" 0:: 'I " ~ ~ ~ ~ '" ~ 0:: 0::; In": ......~ ~ ~ z, !$!~ < ~ (.) 5 F ~ z5 <'l' F:!~ < en SURVEY OF AREA TO BE CLOSED JOHN & JENNIFER NEUMAN Agenda Item 5 Page 5 15 t:!- ~ ~ .- "f-; Street Closure 1. 8/22/00 Street Closure Approved 2. 3/23/81 Street Closure Denied 3. 6/23/92 Street Closure Approved 4. 8/11/92 Street Closure Approved 5. 12/17/96 Street Closure Approved 6. 2/26/02 . Street Closure Approved 7. 2/11/97 Street Closure Approved 8. 7/11/00 Street Closure Approved ZONING HISTORY JOHN & JENNIFER NEUMAN Agenda Item 5 Page 6 f- Z III ::t III f- ~ III D:: ::;) (I) o ..J o (I) Q -,,; OQl ..c1!.Y -CII~ ~-oCII '" ~:. CO~C .S! 0.;: ~.c :=5 00 -Sl_0 ''Si'': . e!:!!. Gl ..' c. 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F-.l.!o."t> 0 ~ a: " c." ..-".l~ III 8 c..c:i3 ,: 't:~ U aI <C CI ., !< }- 1: 4Il .. ., .. c "ii " s:> l! .!! ~~ ~! - Cll .g ,- I;: ~~ .g~ '!'~ c~ !:: ~~ as-- ~i co~ .J:. Q. _co asas =CD ;~ .,..:: ::j .E Co ~:c s;,~ =a,g -'" ~! N .,; III CD c:: o. " D g "" Ii :2 !'! ., c: 'l: '" Co c .2 _ 8- 8 CD I- o <1:,: .!! .2 c! ~l ~Q ."0 0." eii Q.o 00. 50 ~~ .,-: cS ..::~ ~~ ~o o~ .. 1/ g ~ ~ .. '" to Q. i : 0> .. I~ ... .. t 0( , ~~, .P, .:.;~ h .:: ~ Co.,:' li~O ~il l~! jt; i " ., DISCLOSURE STATEMENT )( )( JOHN & JENNIFER NEUMAN Agenda Item 5 Page 7 Item #5 John H. & Jennifer M. Neumann Closure,- discontinuance and abandonment of alley between Lots 3 & 15,664 South Atlantic Avenue District 6 Beach September 13,2006 CONSENT Janice Anderson: We'll move on to the next item, which is agenda item 5. That is an application of John H. & Jennifer M. Neumann. This is an application for a closure, discontinuance of an alley between Lots 3 and 15 on 664 South Atlantic Avenue in the Croatan neighborhood in the Beach District. I believe this is Mr. Bourdon's application also. Barry Knight: We can proceed. Janice Anderson: That is placed on the consent agenda with four conditions. Is there any opposition to this item being placed on the consent agenda? We will have Jay Bernas, if he could review this application. Jay Bernas: This is an application for a street closure. There are numerous alleyways in the Croatan subdivision. The City Council has adopted a policy within the Croatan subdivision to dispose of these undeveloped rights-of-way in this area to adjoining property owners. The purpose of this street closure is so the applicant can join the two adjacent lots. They own the lots to the east and west of the proposed street closure. They would like to close that street and incorporate the two lots into one. So, therefore, the Commission has requested that this be placed on the consent agenda for approval. Janice Anderson: Thank you Jay. Mr. Chairman, I have a motion to approve the following application. It is agenda item 5. 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 #5 John H. & Jennifer Neumann Page 2 KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 5. ABSENT ABSENT 1 2 3 4 5 6 7 8 9 10 11 12 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "IS' X 50' PORTION OF ALLEY TO BE CLOSED" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO LOTS 3 & 15 BLOCK 20 CROATAN BEACH M.B. 24 P. 37, VIRGINIA BEACH, VIRGINIA" 13 WHEREAS, John H. Neumann and Jennifer M. Neumann, 14 applied to the Council ?f the City of Virginia Beach, Virginia, 15 to have the hereinafter described street discontinued, closed, 16 and vacated; and 17 WHEREAS, it is the judgment of the Council that said 18 street be discontinued, closed, and vacated, subject to certain 19 conditions having been met on or before one (1) year from City 20 Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the 23 City of Virginia Beach, Virginia: 24 SECTION I 25 26 That the hereinafter described street be discontinued, 27 closed and vacated, subject to certain conditions being met on 28 29 GPIN: 2426-38-9797 and 2426-38-9703 1 30 or before one (1) year from City Council's adoption of this 31 ordinance: 32 33 All that certain piece or parcel of land 34 situate, lying and being in the City of 35 Virginia Beach, Virginia, designated and 36 described as U15' X 50' PORTION OF ALLEY TO 37 BE CLOSED" shown on that certain plat 38 entitled: uSTREET CLOSURE PLAT PORTION OF 39 15 ' ALLEY ADJACENT TO LOTS 3 & 15 BLOCK 20 40 CROATAN BEACH M.B. 24 P. 37 VIRGINIA BEACH, 41 VIRGINIA" Scale: 1"= 20', dated June 29, 42 2006, prepared by GALLUP Surveyors and 43 Engineers, Ltd., a copy of which is attached 44 hereto as Exhibit A. 45 46 SECTION II 47 48 The following conditions must be met on or before one 49 (1) year from City Council's adoption of this ordinance: 50 1. The City Attorney's Office will make the final 51 determination regarding ownership of the underlying fee. The 52 purchase price to be paid to the City shall be determined 53 according to the Upolicy Regarding Purchase of City's Interest 54 ln Streets Pursuant to Street Closures," approved by City 55 Council. Copies of said policy are available in the Planning 56 Department. 57 2. The applicant shall resubdivide the property and 58 vacate internal lot lines to incorporate the closed area into 59 the adjoining parcels. The resubdivision plat shall be 2 60 submitted and approved for recordation prior to final street 61 closure approval. 62 3 . The applicant shall verify that no private 63 utilities exist within the right-of -way proposed for closure. 64 Preliminary comments from the utility companies indicate that 65 there are no private utilities within the right-of-way proposed 66 for closure. If private utilities do exist, the applicant shall 67 provide easements satisfactory to the utility companies. 68 4 . Closure of the right-of -way shall be contingent 69 upon compliance with the above stated conditions within one (1) 70 year of approval by City Council. If all conditions noted above 71 are not in compliance and the final plat is not approved within 72 one (1) year of the City Council vote to close the street, this 73 approval will be considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on 78 or before October 23, 2007, this Ordinance will be deemed null 79 and void without further action by the City Council. 80 2 . If all conditions are met on or before October 81 23, 2007, the date of final closure is the date the street 82 closure ordinance is recorded by the City Attorney. 83 3 . In the event the City of Virginia Beach has any 84 interest in the underlying fee, the City Manager or his designee 3 85 is authorized to execute whatever documents, if any, that may be 86 requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 SECTION IV 89 A certified copy of this Ordinance shall be filed in 90 the Clerk's Office of the Circuit Court of the City of Virginia 91 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 92 BEACH as "Grantor" and JOHN H. NEUMANN and JENNIFER M. NEUMANN 93 as "Grantee." 94 Adopted by the Council of the City of Virginia Beach, 95 Virginia, on this day of , 2006. CA-10009 V,\applications\citylawprod\cycom32\WpdocS\D026\P001\OO020904.DOC R-1 Date September 28, 2006 APPROVED AS TO CONTENT: Planni q..z~-o~ APPROVED AS TO LEGAL SUFFICIENCY: ,tun~ U1JuJkw Clty Attorney 4 ~ iii o o o .. 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CD :i ~o ",Ill ~d b ~12 x; ~~ r- r- AG-2 ~~ .:; ~ ~~ ";~.fr' ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Oceanside Enterprises, Inc. for a Conditional Use Permit for firewood preparation/mulch processing on property located on the east side of North Landing Road, opposite its intersection with Heffington Drive. (GPIN 1483724625). DISTRICT 7 - PRINCESS ANNE MEETING DATE: October 24,2006 . Background: Application of Oceanside Enterprises, Inc. for a Conditional Use Permit to allow the processing and preparation of firewood and woc'i mulch on a parcel located on the east side of North Landing Road, opposite its mtersection with Heffington Drive. . Considerations: The applicant requests a Conditional Use Permit to allow use of the site for firewood preparation and a mulch facility. The submitted site plan depicts a firewood processing area and mulch processing area. The proposed firewood preparation area is approximately 26,000 square feet, or 0.6 acre; the proposed mulch processing area is approximately 72,000 square feet, or 1.7 acres. An 18- foot wide berm, approximately 6 feet to 8 feet in height extends approximately 200 feet along the northern side of the mulch processing area, and approximately 400 feet along the southern side of the area. An area to the east of the processing area is shown as being "land under cultivation." The balance of the site is heavily treed and contains substantial under-story vegetation. The Planning Commission placed this item on the consent agenda because the use conforms to the objectives and guidelines of the Comprehensive Plan for this area of the city, 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 firewood and mulch processing areas shall be conducted within the interior of the property as depicted on the submitted site plan entitled "SITE PLAN OF LOTS 3 AND 4, NORTH LANDING PARK (M.B.34, P. 17) AND 23.66 ACRES (M.B. 67, P. 37), VIRGINIA BEACH, VIRGINIA". Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Oceanside Enterprises, Inc. Page 2 of 2 2. Retail sales of firewood, mulch, and farm products are prohibited. 3. A minimum 50-foot undisturbed vegetated buffer shall be maintained around the perimeter of the site, except for necessary access. Those areas identified as non-tidal wetlands as defined in the Southern Watershed Management Ordinance shall remain undisturbed regardless of width. 4. The applicant shall submit a stormwater management plan in accordance with The Stormwater Management Ordinance and Southern Watershed Management Ordinance. 5. The entrance to the site shall be improved to meet Public Works Specifications and Standards for commercial operations. 6. Fire Department access shall be provided at all times to any structure and mulch piles located on the property. The road surface shall be maintained and shall be capable of supporting a 75,000-pound load. 7. The applicant shall provide parking for employees based upon one space per employee working at the site. The proposed parking may be gravel or pavers provided the applicant obtains a waiver of on-site improvements from the Planning Director. 8. Hours of operation are limited to Monday through Saturday, 9:00 am to 5:00 pm. 9. All junk, debris, parts, old tires, other discarded items, inoperative vehicles and equipment shall be removed from the 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 ~ City Manager: (L..., ~ ~ OCEANSIDE PROPERTIES Agenda Item 13 September 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for firewood preparation and a mulch facility. ADDRESS I DESCRIPTION: Property located on the east side of North Landing Road, approximately 2,700- feet south of Indian River Road Gust south of 3848 North Landing Road) GPIN: 14837246250000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 25.2 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for firewood preparation and a mulch facility. The submitted site plan depicts a firewood processing area and mulch and compost processing area. The proposed firewood preparation area is approximately 26,000 square feet, or 0.6 acre; the proposed mulch and compost processing area is approximately 72,000 square feet, or 1.7 acres. The proposed parking area will accommodate seven (7) vehicles. An 18-foot wide berm, approximately 6 feet to 8 feet in height extends approximately 200 feet along the northern side of the mulch and compost processing area, and approximately 400 feet along the southern side of the area. An area to the east of the processing area is shown as being "land under cultivation." The balance of the site is heavily treed and contains substantial under-story vegetation. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Currently, the firewood preparation and mulch facility occupy the site. SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwelling I AG-2 and AG-1 Agricultural Single-family dwelling I AG-2 and AG-1 Agricultural Single-family dwelling and horse boarding / AG-2 Agr}cultural _'N_,_i~,_,:~':'~"~~'r~:::~-, ~"~~'.E~J~:~;'~:~~v<t~, . . \.~., ":. ^ ' > _. ",.,~w~~ :.,._::r:-~ '::i::;-<~"<> ~~>-> />-, ';'"( ". / ,/~;, .,'{ '-'":-i' '".;''',:.,;,." OCEANSIDE ENT~RPRrSES,INC. Agenda Iterrl.13 . Pag~}, ~ \- ~ West: . North Landing Road . Across North Landing Road are single-family dwellings, a communication tower, and firewood preparation facility / AG-2 and AG-1 Agricultural NATURAL RESOURCE AND CULTURAL FEATURES: The property is located within the Southern Watershed Management Area. A portion of the site along the eastern property line includes non- tidal wetland areas associated with the North Landing River watershed. Land disturbance is prohibited in these areas. AICUZ: The site is in an AICUZ of Greater than 75 and 70-75dB Ldn surrounding NAS Oceana and ALF Fentress. Most of the site is within the Greater than 75 dB AICUZ, with the northeast portion of the site located within the 70-75 dB AICUZ. The site is also subject to an easement owned by the Navy. The Navy has reviewed this proposal and finds it allowable under the terms of the easement. Agriculture related activities and manufacturing of lumber and wood products are considered compatible uses within these AICUZ noise zones. IMPACT ON CITY'SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Landing Road is a 2-lane minor suburban arterial. There are no plans to improve this section of North Landing Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Landing 10,821 ADT 15,000 ADT Existing Land Use"- Road (2006) 1 00 ADT Proposed Land Use 3 - less than 100 ADT Average Dally Tnps 2 as defined by the existing firewood preparation and mulch facility 3 as defined by the proposed use WATER and SEWER: City water and sewer are not available to the site. Health Department approval is required for private wells and septic systems. FIRE: Fire Department access must be provided at all times to any structure and mulch piles located on the property. The road surface must be maintained and capable of supporting a 75,000-pound load. The Fire Code requirements for combustible outside storage are the following: 315.3 Outside storaQe. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a property line. Exceptions: ".;; /"-,,_0,,,\_,< w """A.., .;~' ;,<,.'"",,::'7 ~ -""""~ ^ -,-,' , , -'Nf OCEANSIDE ENT~8f>RISES,~~C. ~g.~nda...lt~~{.1.3 ~f:lg~.? /< ',..,,:'; ., ~:::;..:"- <, t- t- \-- 1. The separation distance is allowed to be reduced to 3 feet (914 mm) for storage not exceeding 6 feet (1829 mm) in height. 2. The separation distance is allowed to be reduced when the fire code official determines that no hazard to the adjoining property exists. 315.3.2 Heiaht. Storage in the open shall not exceed 20 feet (6096 mm) in height. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposal conforms to the Comprehensive Plan's recommendations for this area. The request for a conditional use permit for a firewood preparation and mulch facility is in keeping with the planning objectives outlined in Chapter 6 of the City's Comprehensive Plan, "Rural areas may be characterized as a balance between the natural environment and human uses with farms, horse boarding, campgrounds, wineries and open space activities" (Pg.164) - CONDITIONS 1. The firewood and mulch processing areas shall be conducted within the interior of the property as depicted on the submitted site plan entitled "SITE PLAN OF LOTS 3 AND 4, NORTH LANDING PARK (M.B.34, P. 17) AND 23.66 ACRES (M.B. 67, P. 37), VIRGINIA BEACH, VIRGINIA". Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Retail sales of firewood, mulch, and farm products are prohibited. 3. A minimum 50-foot undisturbed vegetated buffer shall be maintained around the perimeter of the site, except for necessary access. Those areas identified as non-tidal wetlands as defined in the Southern Watershed Management Ordinance shall remain undisturbed regardless of width. 4. The applicant shall submit a stormwater management plan in accordance with The Stormwater Management Ordinance and Southern Watershed Management Ordinance. 5. The entrance to the site shall be improved to meet Public Works Specifications and Standards for commercial operations. 6. Fire Department access shall be provided at all times to any structure and mulch piles located on the property. The road surface shall be maintained and shall be capable of supporting a 75,000-pound load. 7. The applicant shall provide parking for employees based upon one space per employee working at the site. The proposed parking may be gravel or pavers provided the applicant obtains a waiver of on-site improvements from the Planning Director. 8. Hours of operation are limited to Monday through Saturday, 9:00 am to 5:00 pm. f,:,.,;j;,:?",>,.;,:,~:;:_::~;+<:\", "w",'-.;,/c, .,;"~"" _::._".' ""< ',A'-:.,. v""',,",., <(;. '~" OCEANSIDE ENT~BPRISESJ,I:~C. Agenda It~~m13 8;?-g~:3 ':;. '",'f --, r- r- 9. All junk, debris, parts, old tires, other discarded items, inoperative vehicles and equipment shall be removed from the 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. 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. -...:- .'" ;-, ,.",,':,'''- ..-, '''',,', , ..-._'V' "" ;"':>._--:~' OCEANSIDE ENTI;@PRISES,,'t-JC. Agenda It 13 4 '~: ',:::.;>'1 r .-- AERIAL OF SITE LOCATION >. ~,,{.:.., f":".f'~""" ,w,'-"',-,,- <~:r-"" ." ..' , " ",~/,_.... (~ ,., /~,_::;:"'_::,:::','>-_:-: -. .";. -,' , "-".: ,~":' /,__'):~><"'" ;C', ",..'t'..,-" ,",.:'- ,..., -+ ':".'/ '.: ',~ i- LOT 7 'iH i- PROPOSED SITE PLAN LOT 9 LOT 13 -.....~~ -,,-- ~---- . :zo:; :;: 100 rj N .. ~ ~ Q. ~ ~ ... ~ Cl '" ~ - ., ~~. t"4t:i ~... l-fl 1!GtS, ... l!> .., 'g! ii: Q ~S < OJ Site Plan of Lots :3 & 4, North I..andlng Pm (M.B. 34, P.l7) and 23.66 ACR1S (M.S. 67. P.37) Vnginia Beach. \lirginill lames P. & Teresa D. BAtham Aug\l5t.19,2oo6 , 1SOJlO' Scale: 1'. 200' Olstol\Ce to nearest Inl~t1ng street: 1/4 mile (Indian RIYet' Ro.l<l) Nallml demc lorll$t wrroundJ nwkcd a/'!las DtNeIPari<irlg area wo..ld comlll of CMlI &: Nn /~x," ,,) "0-' ; "''-_0.-" OCEANSIDE ENT~'FaB.. ............R. I.S,E~,....I.........N. C. 'A9Emda.lt1~13 ..~~g~f) r- r r ZONING HISTORY ~ 2 AG-2 1. 1/26/93 Conditional Use Permit (Recreational Facility of an Withdrawn Outdoor Nature) 7/9/84 Rezoning (AG-1 and AG-2 Agricultural to 1-1 Light Denied Industrial 2. 12/5/00 Subdivision Variance A roved 3. 9/28/04 Conditional Use Permit (Firewood Preparation Facility) Approved 7/6/04 Conditional Use Permit (Communication Tower - Approved 3/14/00 extension) Approved Conditional Use Permit Communication Tower 4. 1/11/05 Conditional Use Permit Horse Boardin A roved "^/k~,,,,:;,r.,A._'< . ' C">,', \ ~"'<:i<-; _,N. " ..,..,,-,' ,. --.. '~.'- -' ~r "",'i ~,,/,,~,_ _,.,->" .. ~ ;",,-, <', ;.' -~ .!>:: ,} OCEANSIDE ENTE~RISES,.~NC. "~;.-:,. Agenda Item ..13. . 'P7 r-~ r~ NAVY EASEMENT INFORMATION EI-0241 17 August 2006 1tUL BSD.'l'B CClI'1'\UC'1'DI OITXCD'8 Idiv.um AHD P'DIDDlGS ReqQetltaeceiY84: City of Virginia Beach Planning commission Routing Slip dated 25 May 2006 (Routed 19 June 2006).. Propo8eCll'z'cdec:t.: Conditional Use permit Application for use of 2~.66 acres and Lots 3 and 4. for a Firewood Preparation Facility and mulch processing. ~. oceanside Enterprises. Inc. proposes a faciJ.ity for firewood preparation and mulch processing at 3848 North LanCi"g Road. Existing zoning is AG-2 AgriCUltural. The Conditional Use Pexmit Application identifies the hours of o.peration would be 9 a.m. to 5 p.lll. and there would be one "to three employees. A site plan attached ~ to the application showS a Hulch Processing Area. Nursery Area, Firewood Processing and Equipment Storage Area. Tool Storage Area and a Vegetable Stand/Parking Area. Beri._ oE ltest:rictlve Ea8elll8lltC.): Review of Navy'S records identifies the proposed si,te being considered for deveJ.opment to be Parcels 2121A/B. Records show the united States acquired certain rights over parcels 212/A/B through Grant of Easement dated 7 January 1981 recorded in Deed Book 2082. Page i04, in the Clerk'S office of the Circuit Court of the City of Virginia Beach, copy attached. In reviewing the easement restrictions contained in Paragraph 2 .d. . there is no restriction that woul.d prohibit the firewood preparation and mulch processing facility with related storage and the nursery; however, Paragraph 2.d.prohibits retails sales. except as an auxiliary function of enteI1)rises permitted. The sale of finished firewood and mulch is not considered an auxiliary function of the use permitted. rather it is the retail sale of the end product of the use pexmitted and therefore would not be allowed. Further. the vegetable stand woul.d not be a110wed on the property, as it is not an auxi.1iary function of the uses allowed. CaDc1l1aiCllll: Based on the information provided by Oceanside EnteI1)rises, Ine. in the Conditional Use Pexmit Application attached to the City of Virginia Beach's Planning commission'S Routing SUp and the above-described restrictive easement owned by the United States over Parcel 2121A/B, the proposed use for the Firewood preparation and Hulch Processing Facility with related storage is found to be in compliance and therefore allowed; however. the retail saJ.es of firewood, mulch or vegetables would not be permitted. LU~-a.~-- MATTHEW D. KORTZ Real Estate Contracting Officer r- OCEANSIDE ENTS~RisES,~~C. ~g~nda Jt~' 13 i~ 8 ;- .~ w :E w ~ .... (fJ W 0:: t i 9 ~ Q . I ;-- ;-- DISCLOSURE STATEMENT ~Jd Si If I ! J II ~E'O s 1110.J IS! Illb!litllflil i....I;...I.- !I.'....~..I. .,.~.li.." 'if... '.. ...~. ........ .. 'fli f i !.1 . ii!!S& ~ "j '..1.&. ."lIl. ......!€.i!.il..~.~... =._.5.$..... ~1;B$Olfl!1 ~~I!i ~lif-II!I. !iil ifi iihh!!fl~ 1I1}li I. tii~I!IIUlflil' I 111< lii~ ~.I.fl-'j.~!!.;.5~..~ ;.~.i.ii.~- --il · if.' l~llll."'i SS! IU I ~ll!~ ~ ~ill~ I.J~ i NOUVJI1ddV !OOIRd RSfl1VNOUlaNOJ - ..--. ....-..- II II g i i i III j- I i 'ill E .. I g ~11...1 : If~ I ! i ~; . Ii i w If ~i ! ~ ~ !1 ~i!:'e .!!! i~ .... iJ s~ ~~I · · ~i ~r: Illi,il ~ II lie ~ 3.11dn... 1... !..~ ~I iil ti ",I ;; II U J~ '~:23H~j 4tJj B~~~fe'!:~~i ~tl.. ~ ~! ~ ~. .~ i". . '6.." o.~ III ~ ~ ,g..J ! '" !) .11 .- e... c: .~ ....., >Ii op ",i ~ .c ~ ;; ~~ .!J - ., 2".. II ~ ~..i1;.~'.~i..'." 'o/.'I.!~ =~ ~ai~~ j1 I.....~.., ig '.'; a:: =: ~I.s ~ "11 r~ ': Sl * ~:. !.~. Ii l!! S I' ';.~ Ii ::::> c: 0. ""'. >.j!l :l: .. 2!: .. i:''' I:> 0. f ... ,Q. .. c: & ~ 1!e"'f' <!'.o'" !~ $!eo.. I 2~ !: i 5 ll!~ ~! ~i .~~ i1i~1 I !i I J~ i~ en ~~:1c. 1 !:i. i! 00 a!.s-'# I' ~.~ '{...vo~ ~ o =0,"'; f IN 0 Q:=S"'; ,N r:a ~a6 ,.,.....,'., .:,. ,.....-c,._... ..' '_''':''''',,,:'_. :./' '.-, ,,'c..o " ..-..... OCEANSIDE ENTERPRISES,JNC.' Agenda Iterri13 , e9 = r""" r.-" - -r Item #13 Oceanside Enterprises, Inc. Conditional Use Permit East side of North Landing Road District 7 Princess Anne September 13,2006 CONSENT Janice Anderson: The next item is agenda item 13. It is Oceanside Enterprises, Inc. for a Conditional Use Permit for fIrewood preparation and mulch processing on property located on Indian River Road in the Princess Anne District. Welcome Mr. Bimson. It is usually Judge Bimson to me, so welcome. Dale Bimson: Retired. Janice Anderson: I know. Dale Bimson: Thank you. Ladies and gentleman, I am Dale Bimson and I represent the applicant here. We are in agreement with all the conditions. Mr. Barham is the owner of the property, and he is also here to consent. I'll be glad to answer any questions, if there are any. Janice Anderson: Thank you very much sir. Dale Bimson: Thank you. Janice Anderson: Is there any objection to this item being placed on the consent agenda? AI Henley will review the application for us. AI Henley: Thank you. The request is for a Conditional Use Permit for fIrewood preparation and mulch facilities on the 0.6 acres located on North Landing Road. The staff recommends approval on this request with nine conditions. The proposal conforms to the Comprehensive Plan recommendations for this area. The request for a Conditional Use Permit for fIrewood preparation and mulch facility is in keeping with the planning objectives and guidelines in Chapter 6 of the City's Comprehensive Plan. Rural areas may be characterized as a balance of natural environment and human use, with farms, horse boarding, campgrounds, laundries and open space activities. Therefore, the Commission has placed this item on the consent agenda with the nine conditions. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion to approve the following application. It is agenda item 13. Barry Knight: There is a motion on the floor. Do I have a second? \--- r-- Item #13 Oceanside Enterprises, Inc. Page 2 DorothyW ood: Second. 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 13. =- r r r ~~ d \!J ~ ~. ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Virginia Beach Investment Company for a Conditional Use Permit for a mini warehouse/self storage facility on property located at 1025 College Park Boulevard (GPIN 1456221655). DISTRICT 1 - CENTERVILLE MEETING DATE: October 24, 2006 . Background: Application of Virginia Beach Investment Company for a Conditional Use Permit for a self-storage facility on property located at 1025 College Park Boulevard. . Considerations: The applicant proposes to develop two enclosed, internally-accessed, three-story self-storage facilities on the site. It is the intent of the applicant to develop the 60,000 square foot buildings in two phases. The two buildings will be similar in design. The exterior will be a painted split- faced block wall on the base up to the second floor. An Exterior Insulation Finish System (EIFS) is used to create a repeat pattern of archways along this block wall. The detailed "corner towers" and main entrance are capped with standing seam metal roofing accents. The hours of operation will be Monday through Saturday, 8:00 AM until 6:00 PM, with Sunday hours from 12:00 noon until 6:00 PM. There will be four (4) full-time employees on site. Customers will have keyed access during the hours of operation. On-site management and securitY will be available 24 hours a day. The proposed use is located between a stable neighborhood of single-family homes and townhouses and two small shopping centers. Thus, this site is 'transitional' between commercial and residential uses. The Comprehensive Plan comments that where residential and commercial uses adjoin one another, the preferred land use relationship should reflect higher density residential and lower intensity commercial uses. Staff concludes that the proposal accomplishes this through the internalized nature of the storage units and the enhanced level of detail for the exterior of the buildings The Planning Commission placed this item on the consent agenda because they concluded it would be a good transitional use between the commercial and residential developments, staff recommended approval, and there was no opposition. Virginia Beach Investment Company 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 site and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Preliminary Site Plan of College Park Self- Storage Virginia Beach, Virginia" prepared by NDI, L.L.C. Basgier and Associates Division, dated 6/01/06. 2. The building elevations shall be substantially in conformance with the submitted elevations entitled "Exterior Building Elevations" prepared by Dimensional Designs, Inc., dated 6-13-06. 3. The architectural design elements and exterior building materials shall be substantially in conformance with the submitted colored renderings of the proposed building viewed from along Providence Road. 4. The installation of chain-link fence shall not be permitted on the site. 5. There shall be no electric or diesel powered generators or generators fueled by any other source of energy located outside of any building. 6. The storage units shall be used only for storage of non-hazardous goods. 7. The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 8. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 9. The freestanding sign shall be developed in substantial conformance with the submitted plan entitled "Illuminated D/F Sign with Message Center" prepared by Talley Anchor Sign Company, dated 06/02/06. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department CitYManage~~ t ~~ ~ ~ VIRGINIA BEACH INVESTMENT CO. Agenda Item 7 September 13, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for mini-warehouse / self storage facility ADDRESS I DESCRIPTION: Property located at 1025 College Park Boulevard. GPIN: 14562216550000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 2.85 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of two enclosed, internally-accessed, three-story self-storage facilities on the site. It is the intent of the applicant to develop each of the 60,000 square foot buildings in a phased approach. The two buildings will be similar in design. The exterior will be a painted split-faced block wall on the base up to the second floor. An Exterior Insulation Finish System (EIFS) is used to create a repeat pattern of archways along this block wall. EIFS will also be used to create a cap for the block base as well as for the upper exterior wall material. The EIFS is designed in a grid pattern on the upper wall level as well as various detailing for cornice treatments and parapets. The detailed "corner towers" and main entrance are capped with standing seam metal roofing accents. The hours of operation will be Monday through Saturday, 8:00 AM until 6:00 PM with Sunday hours from 12:00 noon until 6:00 PM. There will be four full time (4) employees on site. Customers will have keyed access during the hours of operation. Onsite management and security will be available 24 hours a day. EXISTING LAND USE: Undeveloped vacant site LAND USE AND ZONING INFORMATION ;y-'v /~~^~ "'" ;::~:~":""~:":,::,,;;:i\.,,,,,,, :Y":'/,..::.,/,. Y"", ,,,.,,, ~.' '-': ',-~ ,,' '.>--<!'\> 't, "~<.' ,...,.... -;"""::../; ,/', ..,~:-~. ~~<l, ;C~:'~ :':"'--:, . . VIRGINIA BEACH INYESTMEN"~CO. (:Agenda Item 7. .... Page::~j .. "'::..:"" <i,~,< ,,'p ::.' ;..;, r- r- SURROUNDING LAND USE AND ZONING: North: . Across Providence Road are multifamily dwellings! A-18 Apartment District . Multi-family senior community! A-24 Apartment District . Across College Park Boulevard are single-family dwellings! R- 7.5 Residential District . Office and retail! B-2 Community Business District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is comprised of street frontage trees in front of a vacant paved parking area with grass areas to the rear and side. No cultural features are associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Providence Road in the vicinity of this application is considered a four-lane divided minor urban arterial, as designated on the Master Transportation Plan (MTP). There is no current Capital Improvement Program (CIP) project to upgrade this roadway at this time. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Providence Road 17,843 ADT 14,800 ADT 1 (Level of Existing Land Use <!- Service "C") 859 ADT 22,800 ADT 1 (Level of Proposed Land Use 3 - Service "D") 300 Average Dally Tnps 2 as defined by 20,000 SF retail 3 as defined by 120,000 SF mini-storage WATER: This site must connect to City water. There is a 12-inch City water main on Providence Road fronting the site. There is a 12-inch City water main on College Park Boulevard fronting the site. There is a 16-inch City water main on College Park Boulevard. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 426 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 36-inch City force main on Providence Road. There is an 8-inch City gravity main located west of the site behind the existing office building. STORM WATER MANAGEMENT: This proposal represents a significant increase in impervious area. Analysis of downstream adequacy will be required at site plan review. FIRE: The Fire Department will review the site plan during detailed site plan review. The storage units (mini- warehouse) must be used only for storage of non-hazardous goods. Portable or auxiliary power supplies will not be allowed on site for tenant use. The units must not be used for office purposes, band rep?~~~~I~~t>'".<. ,+~..y~,~;: {, __> ~:. " ""~~ -"_.' 0"<' "'A',, ..:,_.",_ "~,~, .,U, _'.,::"" ;_' _Y ,~-..., ~<~, "" ':'/~.:;::::,:.:::'::5;F::;L.:,',;<, ~..",) ,~ VIRGINIA BEACH IN\lgSTMENJ}i!:~O. 'A~endalt~m1 ~, ':,' ,:,_ .; ',::::.?~"'''i~~-.;,~ . , ....... >~~g~~ '~A ',_ , .. ... residential dwellings, or any other purpose not consistent with the storage of goods. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: This site is located in a Primary Residential Area. The Comprehensive Plan Policy document supports the suburban characteristics of commercial centers and other non-residential areas for this area. The Plan states 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: The proposed use is located between a stable neighborhood of single-family homes and townhouses and two small shopping centers. Thus: this site is 'transitional' between commercial and residential uses. The Comprehensive Plan notes that where residential and commercial uses adjoin one another, the preferred land use relationship should reflect higher density residential and lower intensity commercial uses. The initial impression of the proposed buildings is complementary to the surrounding neighborhood. The enhanced level of detail for the exterior of the buildings does not suggest mini-storage facilities. Staff supports the request with the following conditions. CONDITIONS 1. The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Preliminary Site Plan of College Park Self-Storage Virginia Beach, Virginia" prepared by NDI, L.L.C. Basgier and Associates Division, dated 6/01/06. 2. The building elevations shall be substantially in conformance with the submitted elevations entitled "Exterior Building Elevations" prepared by Dimensional Designs, Inc., dated 6-13-06. 3. The architectural design elements and exterior building materials shall be substantially in conformance with the submitted colored renderings of the proposed building viewed from along Providence Road. 4. The installation of chain-link fence shall not be permitted on the site. 5. There shall be no electric or diesel powered generators or generators fueled by any other source of energy located outside of any building. 6. The storage units shall be used only for storage of non-hazardous goods. 7. The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 8. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shiel~e~ !o.direct light and glare onto the mini-warehouse premises; said lighting and glare shall be defleC;tl;td;,'$~~qed :*~'" (.{..". ',..'" '~". .,' ."..".....:: :"N.., \ ,!" <~:.'''J'' " .~-"V <-,,-,;:, , /.........::;.'":: r i ~(-':':::'~;;;'7;~;;:-:<:< "J' ,;,:"~f;-~!' ~.", .^"', ::> ," ,>, :;-..,/' ~,:. ~~- \- r' and focused away from all adjoining property. 9. The freestanding sign shall be developed in substantial conformance with the submitted plan entitled "JlIuminated D/F Sign with Message Center" prepared by Talley Anchor Sign Company, dated 06/02106. 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. Y"~2::;:~"':' ~', ,',,~,"',";":~~;,:3i::.~~:;:~:'{\~' . .........N".O'<....._. __.^ do' ..,,;)"':::}<'-:;~, >._". -'.-. ,/~',' ~"'-<<' VIRGINIA BEACH I NVESTMENT:CO. . : Agenda Itdm 7 . .Pag~~ "',:>. ":"'i~ ).<;:.: ~~o / ,--' '::~,'> .- .- AERIAL OF SITE LOGAtrOff:t:'-4 ,3'~.(S:;:fj;~2::if;{~;~:.,j:("'>i::jL, , . .. -,,',' .,~. '".,' VIRGINIA BEACH IN\tiEStMEN ;:Agendal f' ,:{, . ''^' ..,",,~ /1 I I I I I d1 II cl I .", ~ i I ~. t ~ i I l i . -- ...... ..."'.-. ~-: :o..:=;' :s.e= . =.. ~ I --+--- -r- =t= ~ ---'- ~ ~I l '-~ , 11 I ~l~' '. i I - , I ~ i I' ! 4 ~ j I ~ Ii,', I .... i I j I " i I.....L ' LLl' ! \J r I-L U Ll . ~.. '-'-'j-~-'---r-'..J : 1 I I I I l' l~ I ! ,1 ~ - - - ~.:;-___;..::r =- =- ~ -/' ..a. ' (A\/~i06) a~~oo XlrYd 3::lmO::> I I ~ l. II1~ U :z; r.:l Q ;;: ~ 11. ~....... 1-&- ~ II PROPOSED Sllf€:P,LAN";,",\ ,"'{~:~:',;1 \"'>:""--".:,,:~~'~,,;::;"~:~~" (,< :<,~~~1~1~_ ";:'-:':"':"'7i:::>/.'~,: ,~):::o:':;~\~y~i~1,(, VIRGINIA BEACH IN'fJESTMEN"f;;f~O.~z,:r ;(Agendan~rr7. ,j / ~~~~,6 r- r- fr";*,~/;;"'-'-~:~~'~~\.~" PROPOSED RENDERIN'$~<;~<\~~"'<i~<l'!'(;"<';L{ ,Y"',,; ""'" ,- ::. ";:'~?":'-";;->'i;C'''''';'t,,.-'<,: ,,' ".... -'.." >."", VIRGINIA BEACH INV;E:S"rMEN]i\EO. ;fe.gendal ." Z Z \--- \-- . PROPOSED BUILDING ELE)lAri~}J:~:;i(~:~~\.'V /~/.;.- ':"--.~, ">. ' ,." t, ':'d"^V'''_~,:;:</i_.:,_~;,' -' . ':><,'; "';__~" ::...:::;;;.~~::\,.'1':L,: )'~;-- VIRGINIA BEACH INVES'TMEN];:~O.:2.'v :.t.gendaJt~ir] ,-it? ." E:78 i- i- CUP for Mini-Warehouse Facility 1 06/13/00 Conditional Use Permit (Indoor Commercial Recreational Facility) Granted 2 01/09/96 Conditional Rezoning from B-2 to A-24 Granted 3 10/17/95 Conditional Use Permit (Automobile Repair Garage) Granted 4 06/13/95 Conditional Use Permit (Recreational Facility of an Outdoor Nature) Granted 5 06/08/93 Conditional Use Permit (Church) Granted ZONING HISTORY . .;' ,',~c;S~;:::~-~j,'~~:, . ',.h ; -.~-:-_><t_:--W/:t;i^~< Y'-<~:,...':";;::i';;:+ ',-" -"~/ ,..~'. _w_ ' "'~'.." ':;"::",.',\, r- r l;~ 1-" II) ! J ! : ~; _ 'e: 1'0'0 .5 .9>"'~ \; ~ lll~ !II ldu!iftil 1m m ttig..1!J.!ii ~!li i-.g!~!€ tiSil ~~fl.i I ~ 01 l't l! :0 ."- 0 J .. .e.c: I U '2. !...~.. .l~ -:;f;~)i!i";~i ~~:;; ~~1 i!.J&~j:.1 ~~.s ~!j ~l~111!1 of.! s!~l ~f: ~3;IJ1!-'ili&i! ii~"t ! 'o.it7J l~lsJ il.!fp n!~l ; i lie; ;.;: ~:i~'i ~8t! 1_1.s ~.i~ ! "i. ;;:; ~ ~.5 ~. .... ..1$ .. 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'E it J ~ } ~J ~-- ~i!j-. .8-q , ~'!:l;. --- >",:,:- '. .;'i":',.~:\,,~,~~,_ , }j L:_A'~: ;;.~-4 ''''~\'' .,~, . .~ ,~~ ,.<_,A._ j' ,~ A:<'::'~{Y rA:,:::;':::'~; :>, ",. " -:' <1'::". '~" ,:",.< r -- EXHIBIT "A" ... e COpy VIRGINIA BEACH INVESTMENT COMPANY 6477 College Park Square, Suite 306 Virginia Beach, VA 23464 ORGA.NIZATION: A general partnership, VIRGINIA BEACH INVESTMENT COMPANY was formed March 1, 1963 for the purpose of investing in real property in the College Park area. PA.RTNFRS' Lawrence J. Goldrich Janice T. Goldrich lrrevocable Trust - 2000 Berger Grandchildren's Trust ula dated 9/11190 M.A. Margaronis (Effective 3-14-89) Liuba Finnan, Trustee ufw/o Jay I. Finnan fIb/o Liuba Firman Diane Alson Mathew Firman James P. Firman John L. Frost Richard K. Friedman Melvin Sirow Doreen M. Gottstein Rhoda J. Joelson I. William Berger Gail C. Berger Andrew J. Goldrich Vicki E. Goldrich A. J. Goldrich and I. W. Berger Trustees For: Lauren J. Goldrich Irrevocable Trust No. 3-1996 TOTAL: COl JNSRT .: Kauftnan & Canoles - Michael E. Barnev P.O. Box 3037 . Norfolk, VA 23514-3037 (757) 624-3101 Fax: 624-3169 ACCOUNTANTS' Wilfore & Wynn, P.C. - Rick Wynn 4530 Professional Circle Virginia Beach, Virginia 23455 (757) 456-0111 473-1095 % INTRRRSTS 12.089 % 5.000 22.500 3.896 5.844 1. 948 1.948 1. 948 3.896 6.562 7.792 1.948 1.948 4.334 3.347 5.000 5.000 5...illill 100.000 % /,+,/~::'!,~';>/:::;>.~h\...::<<.. ., --,,:.,"" _: -,...., , /''',-.\ < : ;;...."~....',/q /'-'-" ::""" w' 4.,' ',,-', /::::-",;';'~:,:;/:<\,'~ <:._ ,:<~:---1_ ',. -~" ("<~^ i,,_ VIRGINIA BEACH INVESTMENI~'C()~. ... Agenda It~m 7 Pq. 11 ....u r--- Item #7 Virginia Beach Investment Company Conditional Use Permit 1025 College Park Boulevard District 1 Centerville September 13,2006 CONSENT Janice Anderson: The next item is agenda item 7_ It is an application of Virginia Beach Investment Company. This is for a Conditional Use Permit for a mini-warehouse and self-storage located on property at 1025 College Park Boulevard in the Centerville District. Is there a representative on this matter? We1come. Bill Berger: Good afternoon: I'm Bill Berger. I'm a general partner with Virginia Beach Investment Company. We understand the conditions that were presented with the application, and certainly will agree to those conditions. I also attended the earlier meeting with the review. I understand there was some concern with reference to the colors that were suggested at the time. We're willing to work with the Planning Commission prior to Council to redirect color selections. ~ Janice Anderson: Great. Thank you Mr. Berger. We appreciate that. Is there any opposition to this application being put on the consent agenda? Thank you Mr. Berger. Mr. Gene Crabtree will review this item for us. Eugene Crabtree: This is a request for a mini storage over on Providence Road in the College Park area. It is to be a three-story, self-storage facility that is climate controlled. Climate controlled facilities are the going things now in the City of Virginia Beach for people who are renting storage units. This will fit very well with that. The site is in a Primary Residential Area, but it is an area that the Comprehensive Plan recommends for commercial centers and other non-residential uses. It also is a transitional use between the commercial and residential uses in this area. This particular building will be complementary to the neighborhood. As the gentleman said, the only concern of the Planning Commission was the actual colors that had been selected on the elevations. I can say I worked right in the building right next to that one time and looking out at that vacant lot over there, this will be a great improvement on looking out the window of the office building at the vacant lot. So, therefore, we put it on consent agenda. Janice Anderson: Thank you Mr. Crabtree. Mr. Chairman, I have a motion to approve the following application. It is agenda item 7. Barry Knight: There is a motion on the floor. Do I have a second? Dorothy Wood: Second. -~---- ~--- Item #7 Virginia Beach Investment Company 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 7. ~ - 33 - Item V.J.2. PLANNING ITEM # 55688 Attorney R. J. Nutter, 222 Central Park Avenue, Phone; 687-7500, represented the applicant, and requested DEFERRAL, to add an additional proffer re access to this Parcel be routed so construction traffic does not go through the bulk of Lago Mar. The neighborhood will be relieved from the "one- way-in" and "one-way-out". Bill Van Deusen, 2341 Santa Fe Dive, Phone; 889-4195, registered in OPPOSITON, and advised if Lago Mar Associates extends Nimmo Parkway from Albuquerque to Atwoodtown/Artesia and opens Artesia on the north end to Nimmo Parkway, the majority of the Lago Mar residents will have no objection to this request. Said statement is hereby made a part of the record. Charles Meyer, Chief Operating Officer, referenced the map developed with the Cost Participation Agreement with Lago Mar Associates encoumpassing the various routes re extension of Nimmo Parkway. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of October 24, 2006, an Ordinance upon application of LA GO MAR ASSOCIATES, L.L. C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF LAGO MAR ASSOCIATES, 1.1.G. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO CONDITIONAL R-15 Ordinance upon application of Lago Mar Associates, 1.1. G. for a Chanfle of Zoninf! 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 Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2006 R-15 R-15 R-15 A-12 Conditional Zoning Change from B-1 to Conditional R-15 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 24, 2006 . Background: Application of Lago Mar Associates, L.L.C. for a Chanae of Zonina 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 and October 10, 2006. After the October 10 meeting, the applicant submitted a new proffer (# 4) that addressed how construction vehicles will access the site: At the time of development, Grantor shall ensure that no construction traffic related to its development shall use Entrada Drive, north of Camino Real. . 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. 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. AI 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. Item #5 Lago Mar Associates, L.L.c. Page 2 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE KATSIAS KNIGHT AYE LIVAS 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 OurFile No. OF-6477 OA TE: October 13, 2006 FROM: Leslie L. Lille~it.~ B. Kay Wilso~ OEPT: City Attorney OEPT: City Attorney TO: RE: Conditional Zoning Application; Lago Mar Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24, 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 1-1. . V Document Prepared By: Troutman Sanders LLP 222 Central ParkAvenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreemenf') 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 t~ 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 ConditionalR-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 governing 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 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 GPIN NO.: 2424-13-3283-0000 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 br 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 uGrantee or its governing body and without any element of compulsion ofauid pro auo 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. All residential dwelling units constructed upon the Property shall be constructed using materials, designs, and architectural features substantially similar to the materials, designs 2 and architectural features shown in the photographs labeled "Conceptual Housing Designs for Lago Mar Associates, L.L.C.", dated Apri128, 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. 4. At the time of development, Grantor shall ensure that no construction traffic related to its development shall use Entrada Drive, north of Camino Real. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance ofth~ 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 (l) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such . conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map 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 of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 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.Cfv'D~ ~ ~t Name: _, Title: 'J ....f( _ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Th~ Tent was aCknOW1edg.ed. before me this~ ~day of ~ ' 2006, by }/J..I lc., in his/her capacity as managing member 0 . LAGO MAR ASSOCIATES, L.L.C., a Virginia limited liability company. ~.~~~ - 9' Notary Public My Commission Expire' ~ 3/, 2,/XJ7. 3I3848vl 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 byNDI, 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 IBID SrnS9 ROURDON9 __ AII[RN & lM9 P.C. ATTORNEYS AND COUNSELORS AT LAW TELEPHONE: 757-499-8971 FACSIMilE: 757-456-5445 October 10, 2006 JON M. AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT DAVID S. HOLLAND KIRK B. LEVY O. JACKSON MOORE, JR. JENNIFER D. ORAM-SMITH HOWARD R. SYKES, JR. PEMBROKE OFFICE PARK - BUilDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 Via Hand Delivery The Honorable Meyera E. Obemdorf Members of City Council cj 0 Ruth Hodges Smith, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach, Virginia 23456 Re: V ACar Development, L.L.C.jSalem Road Associates Application for Conditional Rezoning; Assemblage of 3 Parcels containing 28.1 Acres, AG-1 & AG-2 to Conditional R-10, East side of Salem Road, South of Landstown Road Dear Madam Mayor and Members of City Council: On behalf of Salem Road Associates, L.L.C., I formally request that the above referenced application which appears on this evening's City Council agenda be deferred for two weeks until your public hearing on Tuesday, October 24, 2006. Based on conversations that my esteemed co-counsel, Mr. Morris Fine and I have had with members of City staff, we hope that this two week deferral can bring about an equitable resolution to this 3+ year odyssey and financial nightmare that these property owners have endured. Sincerely, ~-;~~~ '\ / ~ //C" '. ~: wi~~~:~o~ Jr. REBjrjarhm cc: Harry B. Newman Michael P. Warner Michael E. Perry, MSA, P.C. Morris H. Fine, Esquire ConditonalRezonejV ACarDevelopmentjOberndorfl - 35 - Item V.J.3. PLANNING ITEM # 55689 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10, 2006 - 34- Item V.J.3. PLANNING ITEM # 55689 Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and requested deferral until the City Council Session of October 24, 2006. The following registered in OPPOSITION: Nick Douvres, 2604 Salem Road, Phone: 301-6717, resides adjacent to the proposed development and expressed concern re the 70-75 decibel area incompatibility with residential. Mr. Douvres also expressed concern re the 10-foot drainage easement located between his property and the proposed development. This easement has never been properly maintained. Douglas Dyckman, 2596 Salem Road, Phone: 301-901, expressed concern re increased traffic, loss of open space and flooding of properties Correspondence from the Department of the Navy, dated June 5, 2003, October 7, 2003, and September 11,2006, re location in the Inter-facility Traffic Area (ITFA) and the property lies within the 70-75 decibel area, are hereby made a part of the record. Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council DEFERRED until the City Council Session of October 24, 2006, Ordinances upon application of SALEM ROAD ASSOCIATES (formerly VA-CAR DEVELOPMENT, L.L.C.), re a Variance to $ 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF SALEM ROAD ASSOCIATES, LLC FOR A SUBDIVISION VARIANCE (FLAG LOTS) Ordinance upon 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. AND, ORDINANCE UPON APPLICATION OF SALEM ROAD ASSOCIATES, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-10 Ordinance upon 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 October 10,2006 ~\ 1 ~. ..> . Cl,.OVltP~ 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 24,2006 . 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. The City Council deferred this item at the October 10, 2006 meeting. . 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. Salem Road Associates Page 2 of 3 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 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. Salem Road Associates Page 3 of 3 As noted previously, on February 11, 2004, the Planning Commission unanjmously recommended approval of this proposal under the Comprehensive Plan policies then in place for the Transition Area (Princess Anne). . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial of the application. Submitting Department/Agency: _Planning Department ~ City Manager: ~l ((' · ~oO'z.. REQUEST: SALEM ROAD ASSOCIATES (formerly VA-CAR) October 10,2006 City Council Hearing Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural District (ITA Interfacility Traffic Area) to Conditional R-10 Residential District (ITA Interfacility Traffic Area). 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.ASSOCIAIES October 10, 2006 City COlJl'lCil P<:i@~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 .Lm...Z .L.nL6 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 / AG-1 & AG-2 Agricultural District Agricultural land / AG-1 & AG-2 Agricultural District Agricultural land / AG-1 Agricultural District Salem Road SALEM ROADA$SOCIATES October 10, 2006 City CoQl'lcil page 2 . Single-family homes along Salem Road and agricultural land I 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 [ITA] '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 ROAD ASSOGIA'IES October 10, 2006 City COlJpcH 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 Elementary 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). EVALUATION AND RECOMMENDATION 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. 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 ROAGASSOCIATES October 10, 2006 City Couocil 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 ROABi.l\SSOCIA~ES October 10, 20Q6City CoopcH PClg~>5 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," (9107(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 ROAD.ASSOCIAIES October 10, 2@06City Cogpcil PqQf?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 ROAD.ASSOCIATES October 10, 20Q6City Co~pcH PCi€ll? X AERIAL OF SITE LOCATION SALEM ROAD,ASSOGIATES October 10, 2006 City Collncil PageS -lI!. r1jJ I:: . ..!l g :ij; 0 I.a ~ t, 0 ;Ii- ~.~ f ''''1 !I _ ~ J~i ~ frfiJ ..- ~iJ ...... J1.' . 1 PROPOSED SITE PLAN SALEM ROAD.ASSOCIA'fES October 10, 20Q6City Co;q;pcil R~gf39 PROPOSED SITE PLAN ([)E17~lbl: ,....... . ' ,. -, SALEM ROA9:ASSOGIAWES October 10, 2006 City COtJDcil Pag~J..O .' 'I ,. iii 1{1"U,ili ..1 (Jlfli! q. J.lq I 1..1.. ..1.:.....' ,._11... ...... 1.1. ...'1. ..1.11..1.1.1. II". '1... ... illt .II~ ,11.tJ:~"..1 IJPII Iltl JII,ljllfPJ Ilf. i _"I' I f.'fllt~~ I1I1 h · hi Jltfhiiibi III Ii NOIlv:>nadV9NINozmI1VNOIllaNOJ !II" it I ~IJ I j It! I! 11 i., I).. .. i 1<< ,.8 i .1 Ii! Ii Ii lid ~I-I" It I Ii '9.1... -. I?'.).. '.'1 11.... I i1G.tl' t.. l.....i. 1.1 !. ..' !~ I' Ii '. 1;...1.'...... .ii.. ...i..". i i !, \. : ~ ii I -I il" l~iZII Ii l!j ~. il.'I.':;; !J i.i.i.-.it~ I .i1 III ;: I I ~i II ~..i ~'!OI.f",-~! I 17i I ! ~r 'I'" ~ i4!lii: II I~ .t~lr;! !;l III J ; . ai~ 11 Jt ! I U t~i I Ii j I !l\i I ~Iil: J~ j!j..... !~ .,li!!i I U I I Ii I~i tl d. It J!l.= 3., i '#):'..' ..~. '. ;,. .. . ! i !. ;;v i Iii! i. ..i,.., ..'.', ",. .,...,i '" "i (:I') ""'.:1,:1. <lij J! "'.1}. .....'Il.,~. d..Iii:. ~.lt .;..... j_'1 - ,5"" ':II,,;!....; 'j . ..... ; o "Il~'" gj'.... C <;;17\""": i iN .0' -j...... \:;1:L-1l. DISCLOSURE ST~!EME8"[ SALEM ROAGASSOCIAIES October 10, 2006 City CqRpcil Pag~>1,2 DEPARTMENT OF THE NAVY NAVALAlR STATION OCEANA 1750 TOMCAT BOUl..EVAAD VIRGINIA aEACH, II'I~ 23460-2168 ~~RmRTO: Ser 33/470 September 11.. RECEIVED SEP 1" 2006 2006 Mr. Stephen J.Whi te , Ph. D., AICP Planning Department City of Virginia Beach 2405 Courthouse Drive, Building 2 Virginia Beach, VA 23456 Dear I>Ir. White: =tANNING DEPARlMeN Thank you for your letter and proposed site plan by Salem Road Associates in which they seek a change in zoning from. AG-l/AG-2 District to R-10 Residential District for property located on Salem Road. Their planned 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 as the Inter-facility Traffic Area (ITFA). The Navy's Air Installation Compatible Use Zone Program provides that residential uses are not compatible inside the 70-75 dB DNL. As recognized in the "Statement of Understanding," a supporting document to the "Joint Land Use Study", theITFA "is largely undeveloped and thus presents the best opportunity to preve..""lt. to the greatest degree possible, further incompatible encroachment" on Naval Air Station {NAS} Oceana. The concern is single event noise impacts related to the arrival and departure of cactical. jet aircraft on established flight tracks southwest of HAS Oceana and protecting that part of the city recognized as critical to the future long-term operational viability. Therefore, I must express the most strenuous objection to this proposal as the Navy disagrees with exposing future reside.""lts to the impacts of our operations with incompatible development. 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 15, 2005. Additionally, on June 27, 2006, City Council adopted a resolution reaffirming the city'S plan for compliance with the Base Realignment and Closure Commission's decision regarding NAS Oceana. This resolution adopted in .Ju..'I1e 2006, implies the city's commitment to the ordinances adopted since December 2005, that supports NAB Ocea."l.a and includes the AICUZ Overlay Ordinance and Inter-facility Traffic Area Acquisition Plan. l-lystaff and I are prepared to discuss this matter with city staff or representati-..res of Salem Road Associates. If you have any questions, please contact my co~~nity Plar4'11ing Liaison Officer, Mr. Ray Firenze at (757) 433-3158. . "-JORG.E tain, u.S. Navy Commanding Officer SALEM ROADASSOGIAIES October 10, 2006 City Coul)cH pagEt 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 11, 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-1 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 of this 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 ofthem 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 staffhas 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 staffhas recommended, is one that is deserving of approval. I would also mention that in the year 2000, the Department ofthe 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 LOO, 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 staff has also recommended approval. I'll be happy to answer any questions. Dorothy Wood: Thank you Mr. Bourdon. Are there any questions of Mr. 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 j~st 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 Hornets here to Virginia Beach, there was all this conversation and discussion about them being louder than what we currently had here. And, as part of the 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 ofthe 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 offto the side or do the direct flightpath 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 off the 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 DorothyW ood: 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 Wood: 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 1 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: Welcome 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 off with a few facts. The Transition Area Technical Advisory Commission (TATAC), 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 ofthe 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 of 20 1,000 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 re~ently been told that NAS Oceana is number one on the Department of Defense list of installations when it comes to e~croachment. 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 of the 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 dov.'t see is there are several tracks that go between here to final Runway 5. IfI 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 1 & 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 ~vent 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 of to 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 11 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 2810ts 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 ofthe 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. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5664 FROM: Leslie L. Lilley", \J ~ B. Kay Wilso~ DATE: October 11 , 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 24, 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 / SALEM ROAD ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDffiONS) 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 "Properql';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-l and AG-2 to Conditional R-I0 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 PREPARED BY: GPIN: 1484-31-9664 1484-30-8994 1484-41-0190 ~ SillS. ROURDON, OJ AArnN &. llVY. P.c. PREPARED BY: . Sms. BOURDON, Am:RN & 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 within the community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. 2 PREPARED BY: nil sYns. ROURDON. OJ AIfrnN &. 1M. P.c. 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 3 PREPARED BY: ~sms. ROURDON, mil A1IrnN & 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: ~ Sms, ROURDON, Ei..V.I AIIrnN & liVY. 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: 11m sms. ROURDON. .. AmRN &llVY.P.C WITNESS the following signature and seal: Grantor: SALEM ROAD ASSOCIATES, L.L.C., a Virginia limited liability company ~ lJ " (SEAL) . any B. Newman, Managing Member. STATE OF VIRGINIA CTIY 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 Vll"ginia limited liability company, Grantor. . \Q.l I D II~ ~PubliC My Commission Expires: ~ltI!Jl ~l, aB~ O-r/SI/'20 10 6 EXHIBIT "A" PARCEL ONE: All that certain tract, piece or parcel of land, 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: PREPARED BY: 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, "RESUBDIVISION OF SURVEY OF PROPERlY OF GIDEON BROCKEIT ESTATE (Instrument No. 200210033043211) AND PROPERlY OF J.C. BROCKEIT LOCATED ON i3IB Sms. ROURDON. WlMlfRN & l.M, P.C 7 PREPARED BY: Ii3m SillS. BOURDON. .. AHI;RN &. lM. 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 ConditionalRezonefV A.CarDevelopment.Proffer6.Clean Rev.8/02/o6 8 FINE, FINE, LEGUM & MCCRACKEN, LLP MORRIS H. FINE M. MICHELLE P. McCRACKEN GREGORY R. MCCRACKEN ATTORNEYS AT LAW PA.VILION CENTER 2101 PARKS AVENUE, SUITE 601 VIRGINIA. BEACH, VIRGINIA. 23451 TEL.EPHONE (757) 422-1678 FACSIMIL.E (757) 422-0865 LOUIS B. FINE (1904-1998) HOWARD I. LEGUM (1922-1993) October 16,2006 VIA TELECOPIER NO. 385-5669 1\."'''' Pni}-. D,~~....' r~+...r]..~~~ ..,.a,....,.. .."'\4....... .... :....Ul...Q.lJ., .''-''.I:.~J..,""l'-'~1\:. City of Virginia Beach 2405 Courthouse Drive Building 2, Room 115 Virginia Beach, Virginia 23456 Re: Chesapeake Atlantic, LLC Dear Ms. Pittman: After having fully discussed the matters raised pursuant to my letter to you earlier this morning, it would appear that my client now would like to proceed with the hearing before City Council.on October 24, 2006. Accordingly, please disregard my earlier letter to you this mornmg. Yours very truly, p- Lt .---0 MORRIS H. FINE MHF:aak cc: Mr. Timothy E. Ashman Mr. Michael Perry Ms. Karen Pro cillo , .. . ;;, ,. r- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Chesapeake Atlantic, L.L.C. for a Change of Zoning District Classification from 1-1 Light Industrial District and R-10 Residential District to Conditional 1-1 Light Industrial District on property located at 173 & 177 South Birdneck Road and 1228 Jenson Drive (GPINs 2417426802; 2417427931; 24173267690006). DISTRICT 6 - BEACH MEETING DATE: October 24,2006 . Background: Application of Chesapeake Atlantic, L.L.C. for a Change of Zoning District Classification from 1-1 Light Industrial District and R-10 Residential District to Conditional 1-1 Light Industrial District on property located at 173 & 177 South Birdneck Road and 1228 Jenson Drive, for the purpose of developing office- warehouse units. . Considerations: The submitted plan depicts a drive aisle with parking spaces running through the site between Birdneck Road and Jensen Drive. The plan shows one building to the north of the parking and drive aisle. The building is divided into nine office- warehouse units, containing a total of 31,167 square feet of floor area devoted to warehouse use and 6,875 square feet of floor area devoted to office use. The proposed buildings will be, according to the site plan, a maximum of 35 feet in height. The submitted rendering depicts a building with an exterior finish of Exterior Insulating Finish System (EIFS) and split-face block. The main access point for each unit is emphasized through the use of a glass and EIFS design element that features a pediment-style detail at the top, reaching beyond the height of the main building. Overhead garage doors punctuate the fa<;ade, providing access to the warehouse units. The proposal provides a use that is consistent with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the uses within the adjacent industrial center and is well-buffered from the adjacent residential area. The United States Navy owns an easement over the property that restricts the development of the site to only those uses that are compatible with the highest AICUZ and APZ. The requested zoning change will result in development of the site consistent with those restrictions. There was opposition to the request. Chesapeake Atlantic, L.L.C. Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 5-4 to approve this request as proffered with a request that the proffers be amended to add hours of operation from 7:00 a.m. until 9:00 p.m. and a fence to be constructed adjacent to the residentially zoned property. . 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: ~) t. ~~ .- CHESAPEAKE ATLANTIC, L.L.C. Agenda Item 17 September 13, 2006 Public Hearing Staff Planner: Karen Prochilo ... REQUEST: Chanqe of Zoninq District Classification from 1-1 Light Industrial and R-10 Residential District to Conditional 1-1 Light Industrial District. ADDRESS I DESCRIPTION: Properties located at 173 and 177 South Birdneck Road and 1228 Jenson Drive. GPIN: COUNCIL ELECTION DISTRICT: 24174268020000 6 - BEACH 24174279310000 24173267690006 (portion of) SITE SIZE: 2.75 acres approximately APPLICATION HISTORY: The Planning Commission deferred this application at the July 12 hearing to give the applicant the opportunity to consider comments and suggestions provided by area residents and commission members. SUMMARY OF REQUEST The applicant proposes to rezone the existing 1-1 Light Industrial and R-10 Residential District properties to a Conditional 1-1 Light Industrial for office-warehouse use. The submitted plan depicts a drive aisle with parking spaces running through the site between Birdneck Road and Jensen Road. The plan shows one building to the north of the drive aisle and parking. The building is divided into nine office-warehouse units, containing a total of 31,167 square feet of floor area devoted to warehouse use and 6,875 square feet of floor area devoted to office use. The proposed buildings will be, according to the site plan, a maximum of 35 feet in height. The submitted rendering depicts a building with an exterior finish of Exterior Insulating Finish System (EIFS) and split-face block. The main access point for each unit is emphasized through the use of a glass and EIFS design element that features a pediment-style detail at the top, reaching beyond the height of the main building. Overhead garage doors punctuate the faqade, providing access to the warehouse units. The applicant had opposition to this request at the July Planning Commission Hearing. At that time the applicant was requested to revise their proposal to relocate the office warehouse building further away from the adjacent residential. The applicant revised the plan as shown on the submitted proposal. The .~::~i;r~\:~E:1';.::~:~'L~~; .' "'_:; "'~/ . ::('V_' <-"-_" / ";,,,~,' ,- "Fy.,''"'--' , :-,:;".:,:~:;:.;;;~ ,,'-'~. "-,,~ "'::"0', "(,~d.} ) , '...."....>:' :,",'-., .,.;;.~, ,." ,'-,,-,. ." '. '-;:0/:: :~;; CHESAPEAKE A 1\l:A.NTIC,G~[C. :A]JEmdalt .17 " .". . "'1 ~ ~ applicant did send copies of the revised plans to the individuals in opposition and requested comments. Staff did hear from one of the individuals in opposition at the July hearing, who noted that they did not have any other issues with the proposal. Staff has not heard from the second individual in opposition. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped treed vacant properties and a single-family residential site. SURROUNDING LAND USE AND ZONING: North: . Single-Family Dwellings / R-10 Residential District . Office-warehouses / 1-1 Industrial District . Single-Family Dwellings / R-10 Residential District . Across Birdneck Road are single-family dwellings / R-7.5 Residential District . Office-warehouse development /1-1 Light Industrial District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. A large portion of the site is treed. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and within Accident Potential Zone (APZ) II surrounding NAS Oceana. The site is encumbered by restrictive easements over a portion of the property owned by the Department of the United States Navy. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Birdneck Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. It is designated for improvements on the Master Transportation Plan. There is currently a Capital Improvement Program (CIP) project to upgrade this roadway to a four-lane divided facility. This project is scheduled to begin construction in December 2006 and be completed in approximately two years from start date. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 13,600 ADT 1 (Level of Existing Zoning 2 - 155 Service "C") Birdneck Road 16,977 ADT 1 15,000 ADT 1 (Level of ADT Service "D") Proposed Land Use 3 - 16,200 ADT 1 (Level of 217 ADT Service "E") 1 Average Dally Tnps 2 as defined by existing zoning 3 as defined by proposed office-warehouse '-...';;<:'''-,^-''''''''",''''''''' :' _:~\'><,), '13L:.-~.( .~]'; :.,\7-\') , ' ,::,>,~,>~3cl:'-' " CHESAPEAKE AT~NTIC, L:!:.C. :Agenda It 17, . . '.. 2 """-'''', ,"'- ,'" -:......,.; '.,.' \-- \- \- STORMWATER: No comments at this time. WATER: This site must connect to city water. There is a 12 inch water main in South Birdneck Road fronting the site. - SEWER: This site must connect to City sanitary sewer. There are two 8 inch sanitary sewer mains in South Birdneck Road fronting the site. The two existing sanitary sewer mains in Birdneck Road will be replaced with a new 8" sanitary sewer main with the VDOT Roadway Project. Consultant must verify that sanitary sewer is of sufficient depth to serve proposed building configuration. Sanitary sewer calculations and pump station analysis for Pump Station 119 is required to determine if projected flows can be accommodated. FIRE: No comments at this time. Review of the site plan will occur during the Development Service Center process. POLICE (CPTED): The applicant shall provide a photometric plan for DSC site plan review. All lighting shall be consistent with those standards recommended by the Illuminating Engineering Society of North America. Use of wall packs on the front of the building will not be considered appropriate lighting for the parking area. Glare and light trespass onto adjacent residential homes shall be avoided. EVALUATION AND RECOMMENDATION Recommended Action: Staff recommends approval of this request with the submitted proffers, which are provided below. Comprehensive Plan: The Comprehensive Plan designates this area as being within the Primary Residential Area; however, the site is also located on the periphery of Strategic Growth Area 8 - East Oceana Area. Due to the location this area within a high AICUZ and within or in close proximity to an Accident Potential Zone, the Comprehensive Plan suggests that the area is "suitable for low-rise, light industrial uses and limited retail." The Plan also stresses that the site design, building design and uses are compatible with the surrounding uses, particularly if residential use is present. Evaluation: The proposal provides a use that is consistent with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the uses within the adjacent industrial center and is well-buffered from the adjacent residential area. The United States Navy owns an easement that restricts the development of the site to only those uses that are compatible with the highest AICUZ and APZ. The requested zoning change will result in development of the site consistent with those restrictions. 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 ,,;:::;:;"'~;":;'\"';.;,.:.:-~>.~ ;; ,,; i,/X'"..( r~,' -""'~t{*: '"':;, .;.--,;,::'2{~,"'V ~_J .~ CHESAPEAKE AT~NTIC, L-.L.C. ~genda Item -17 _ -. _ - Page 3 '.,.,,- ::,;, '\". ~.- r- proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (9107(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 and landscaped substantially as shown on the exhibit entitled "Conceptual Site Layout & Landscape Plan of Chesapeake Atlantic, LLC" dated May 16, 2006, 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 (hereafter "Site Plan"). PROFFER 2: When the property is developed, it will be developed substantially as shown on the rendering entitled "Proposed Office/ Warehouse for Chesapeake Atlantic, LLC", undated prepared by EYG Architects, PC which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Rendering"). PROFFER 3: The use of the Property shall be only office / warehouse. PROFFER 4: 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 May 17, 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 (CPT ED) concepts and strategies as they pertain to this site. r ... AERIAL OF SITE LPCA\FlQN~<," Y" ,'>7.;':;:,;'-' ';':,~::_>:; /"-::.'>_; .-.\~ '.l-, .;' ~'/ "', '-', "_," ." .',_' ,~',......;......w.,...,..., .' ^".-;. ,-. "'._ -', "',...._h_,_,._i'''~',/<,i;:_;: ,.~ ",;~:>:>:;"~;<:~"'~" -, ." <'.,.,: '> .,..~,:{ '\f /.-.,,- /".">-: , .""...", ""-."" ;{,.} ~_: --- CHESAPEAKE A l'tL:.:A.NTIC, "~s~ndalt .....,.8 'i/ .... ~ QIQI o ~.~ ~ ~~ " "CO ~Qll"l"" -QI .. "0:-' "0 ~.2 ", QJ '3 Q.i:2 g-.5:E e ~l~~ .EQ."'C .>C1n~:i ~cl5~ ~ Q. V),',tft co~ ."" .. 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Q. ;:s- i.~ ..c::c .~:= als .c&:. 00 o r-"-' i lir' I'l J I It 1: III :: .! ... j "i :i i~ o~ il ~.~ 1~ j~ i'i :-e >8 2= _& ~: e5 ~..c: !It'l .!:;~ ~:i; .,QI> 'j,g .$ ::::;! ('oj I '. ::I J:1 E .;: ,g. .r:: I! ~ t:: III ~ g ! g. 8 III .... o ::r:c: .!!.2 -'- ii ~~ fl i :i i ~ ~ ~ . i~ t ~! ~r ~ III 0 ~ J~~ ~ ~...0 l,,;?i I I .0 !H ~- ~--- Item#17 Chesapea,ke Atlantic, L.L.C. Change of Zoning District Classification 173 & 177 Birdneck Road and 1228 Jensen Drive District 6 Beach September 13,2006 REGULAR Barry Knight: Mr. Secretary, the next item? Joseph Strange: The next item is item 17, Chesapeake Atlantic, L.L.C. An application of Chesapeake Atlantic, L.L.c. for a Change of Zoning District Classification from I-I Light Industrial District and R-lO Resjdential District to Conditional 1-1 Light Industrial District on property located at 173 & 177 South Birdneck and 1228 Jensen Drive, District 6, Beach, with four proffers. Barry Knight: Welcome Mr. Fine. == Morris Fine: Members of the Commission, I'm Morris Fine, an attorney, and I represent Chesapeake Atlantic, L.L.c. This matter, deferred from a hearing, I believe in July, in speaking to people who oppose the rezoning. Since that time, I think, Bishop Thoroughgood, who was opposed to it, has been contacted on this application, and he has communicated to Karen Prochilo that he has withdrawn any opposition. What has happened was that since the last hearing, the plans have been revised so that the industrial development part is actually going to be on the presently zoned I-I. Barry Knight: You can pull up your laser if you want to Mr. Fine? Morris Fine: The actual development is going to be on the I-I, where the developer would have the right to develop it in anyway. And the portion that's R-10, which is residential, is going to be used for access to Birdneck Road from the industrial office/warehouse development. The opposition, who is a gentleman who is here to voice his opposition today, indicates to me that he lives in a house there that opposes it. But what has happened is that there is a buffer there, there is going to be a 25 foot landscaped buffer adjacent to his property and beyond, and on the south side of the buffer will be a BMP, so there will be an additional buffer before you get to the road access. I think in the write up by the staff planner, Ms. Prochilo, she said the submitted plan depicts a drive aisle with parking spaces running through the site between Birdneck Road and Jensen Road. It seems to me that it is a good plan. There has been an adjustment to accommodate the existing residential user. If this came before you for zoning for residential, you would not zone it for residential. It is in the very highest noise zone, and the Navy would be here opposing it. So, it seems to me we are eliminating residential zoning on Birdneck, and we're using the industrial the way it is already zoned. It is r ~-- Item #17 Chesapeake Atlantic, L.L.c. Page 2 probably a win-win combination, and I suggest to you that this is a good use, and has been approved by staff. The staff has gone over a number of times. I will be happy to answer any questions that you might have. Barry Knight: Are there any questions for Mr. Fine? Ms. Anderson? Janice Anderson: Mr. Fine, since it was deferred last time, you did push back the development? Morris Pine: Yes ma'am. Janice Anderson: It appears to me that there is one portion of one building that might be in the R-lO. Is that an office? Morris Fine: I am told by Mr. Perry, who is the engineer, who is here, that it is behind the line of the industrial zone. Is that not correct Mr. Perry? Janice Anderson: It looks like it is pretty close, if it is not. Barry Knight: Welcome Mike. Please identify yourself. = Morris Pine: This is Mike Perry. Mike Perry: For the record, my name is Mike Perry. I work with MSA, land planner. If you go back to the zoning (looking at zoning map), the line here (pointing to map), that is your zoning line. Janice Anderson: Right. Mike Perry: So that building is right on that zoning line. We did push it back. Janice Anderson: Thank you. Barry Knight: Are there any other questions of Mr. Fine or Mr. Perry? Thank you sir. Joseph Strange: Speaking in opposition we have Nathaniel Ford, Jr., representing the Seatack community. Barry Knight: We1come sir. Nathaniel Ford, Jr.: Good afternoon. Nathaniel Ford, speaking in opposition. Mr. Fine was saying that the property line was back but it is not. The residential line is up a little further. The residential line comes right here (pointing to zoning map). The property line that he is proposing is bringing stuff right beyond the residential line. Our problem is = .\:-- . ;---- -- Item #17 Chesapeake Atlantic, L.L.C. Page 3 this. When we voted back in July, the Commission voted, it was a deadlock. Mr. Fine represented, and they said, "listen and let's get together and talk to you all". The community, along with Bishop Thoroughgood said see if you can get a win-win situation, and I said that is okay. I said keep us informed. Let us know, so we can sit down and talk and find out what we can do to work it out. They didn't keep their part of the bargain. They didn't meet with us. They didn't sit down with the community. We really didn't have a voice. The voters didn't have a voice whatsoever. They put their plans together, and they mailed the plans to us on what they wanted to do or how they wanted it to have them done. What about the members of the community and our voice? We still agreed back in July when it came in a deadlock. They didn't meet with us and talk with us to find out what was best for everyone,"and we wouldn't have any reservation, but they didn't do that. Also, we were concerned about this. There is an opening on Birdneck Road here. It still creates a problem. Because we have an opening right up here coming off of Jensen Drive that allows traffic to go both ways to come here. That traffic coming back out here where the plans open up. The traffic comes out here (using Powerpoint). We have a problem. There is no way the traffic can go up this way, so we have to come back down here to Birdneck, and bottle up traffic here to get back out and go that way. But they have the opening here, going through Jensen Drive. Why have the traffic come back here and go back out Jensen Drive. If they are going to use this area, they can use it as a one-way only coming in, not to bottle up traffic both ways. Our second concern was this. They agreed to meet with us and yet they still move this property line. Here is the properly line, and they are still moving those buildings across to the residential line. If they are going to stay behind the residential line, then fine, I have no problem with that. We agreed to that, but they never would meet with us and agree with that. We spoke with them out front, and that is what they say they would do. Also, we are concerned about what is going on with the old house that is sitting behind this that is condemned and had asbestos on the roof and had asbestos on the side. How are they planning on doing away with that so the asbestos doesn't affect the people in the community. They had some grief there. Barry Knight: Thank you. Are there any questions for Mr. Ford? Ms. Anderson. Nathaniel Ford, Jr.: Yes, Ms. Anderson. Janice Anderson: Thank you. Mr. Ford, are you the gentleman that resides at the property right next door? Nathaniel Ford, Jr.: Yes, I am. Janice Anderson: Okay. Thank you. I thought I remembered. Barry Knight: Are there any other questions? Mr. Ripley. Ronald Ripley: Your residence is located just to the north of the development. r,---- 1--- 1--- - Item #17 Chesapeake Atlantic, L.L.c. Page 4 Nathaniel Ford, Jr.: This is not a true picture of our home. We did an addition to the home. The back of the home actually stops right here (pointing to zoning map), and we did like a 3,000 addition added to the house. It stops right here. That is one of our main concerns was that we have no privacy for all these big warehouses stacked on top of us. My backyard goes all the way back here. This is the residential line that we put in place years ago when Mr. Jensen first brought the property and he came to own the property. The second thing is that they didn't put any hours of operation for this place. We need to have some time of operation. We don't need another 24/7 on top of it. We have enough noise now coming to Jensen Drive, trucks and cars, all times of night. People back there banging a hammer. Also, he is talking about putting up a hedge fence, which he is planning to put here. Also, he needs to put in some sort of 7 to 8 foot wooden fence, a brick wall, because we have people constantly going through the yards, who work back there, and they are picking up stuff that doesn't belong to them. So, if you're going to put more stuff back there, you're creating more problems. Barry Knight: Are there any more questions for Mr. Ford? Mr. Livas? Henry Livas: They talked about a 25 foot landscaped buffer. Would you comment on that? Is that beneficial as far as your location is concerned? = Nathaniel Ford, Jr.: The 25-foot buffer is beneficial if they put a fence as well to keep those people working from walking through. There are only trees and flowerbeds. We have a problem there with people walking through the yards and taking stuff, and picking up stuff, and doing stuff. So, the buffer is okay as long as they put a fence as well as a buffer to maintain security inside of the community. Barry Knight: Are there any other questions of Mr. Ford? Dr. White, if you could go back to the zone map please? We see where it is I-I and R-lO. Stephen White: Yes. Barry Knight: And, Mr. Ford, this is our zoning map, and you made reference to a residential line that was somewhat further behind that, and Mr. White, could you clarify that? Stephen White: I'm sort of confused as you are as to what Mr. Ford was pointing to because the line for the 1-1 and R -10 is where he is presently right now. That is the zoning line. Nathaniel Ford, Jr.: Because my property stops right here. They told me that was it for residential property because the rest of the property used to belong to my mother. She sold it to me for commercial property, and during that time, they told her that this was the residential line right here (pointing to zoning map). r-- r-- . Item #17 Chesapeake Atlantic, L.L.c. Page 5 Barry Knight: Do you have any other comments Mr. White? Stephen White: No. Barry Knight: Ms. Anderson. Janice Anderson: It appears that, if I'm not mistaken that the back portion of Mr. Ford's property is 1-1. Am I reading that map right? Stephen White: A very small back portion. Janice Anderson: That very small back portion. Nathaniel Ford, Jr.: How many feet is that though? Because what I want to know is if they are planning to stay in the 1-1 zone, then they need to give us a description of what the foot should not be beyond that 1-1 and not come beyond that I-I. Because according to this map, even where they got the residential line here and commercial line, they are still beyond, far beyond the commercial line back into the residential line, according to this. If my property line stops here, they are way up here. = Barry Knight: Are there any other questions for Mr. Ford? Thank you sir. Nathaniel Ford, Jr.: Thank you. Barry Knight: There is no other opposition. No other speakers. Barry Knight: Okay. Mr. Fine? Mr. Perry or both? Morris Fine: I must say that I tried to get in touch with Bishop Thoroughgood, who I understood was the spokesman. I called him ten times and I wrote him several letters. Mr. Ford comes today, and I think he is misinformed that, and by all accounts as to where the zoning is, and that seems to be what he is talking about. It seems to me that with this buffer that he will not be affected at all. A 25 foot landscaped buffer on Birdneck is substantial plus we have the BMP. It seems to me that we need this exit out there on to Birdneck because you may have emergency vehicles coming and going, and it is not going to be that big of an impact to go through there. The staff has gone through all of this and they feel that they can recommend it to you. They discussed these issues, and we met with the staff, and Mr. Perry has done an account of the engineering that satisfies all of the objections. Barry Knight: Mr. Fine? We have a question from Ms. Wood. Dorothy Wood: Mr. Fine, would you be willing to put a fence up by his property sir? r--u, -- 1.---- Item #17 Chesapeake Atlantic, L.L.C. Page 6 Morris Fine: I am sure, Ms. Wood, we would do that. We could make that a condition. Dorothy Wood: We would make it a condition that a fence was there. And, also what are the hours of operation? He was also concerned with that. I understand that it is in the proffers somewhere, but I couldn't find it. Morris Fine: What the development is as to build and sell as condos these office- warehouses, so I don't what know what. Mr. Ashman, who is here, who owns one there now on Jensen Drive, he can tell you probably what the hours of operation are. Ijust don't know. This is Tim Ashman, who is a principal of Chesapeake Atlantic, L.L.C. Mr. Ashman, Ms. Wood asked what the hours of operation were in there? Do you have any idea? Tim Ashman: Yes. I do. Normally, the businesses back on Jensen Drive get going about 7:30 in the morning and stop anywhere from 5:00 to 6:00 in the evening. Those are the normal hours of business. So, I would say 7:00 to 7:00 would be the normal. Dorothy Wood: You would be willing to put that in as a condition? Will it make it easier, I think for your neighbors? = Tim Ashman: Sure. Barry Knight: Mr. Strange. Joseph Strange: Each of them is going to be individually owned. Are you going to be able to speak for each one of these owners that you're going to sell to? What do you mean by hours of operation? Morris Fine: Mr. Strange, if you put a condition on it then they would have to abide to it subject to the condition. So, I don't think that would be a problem. Barry Knight: Mr. Macali. Bill Macali: Keep in mind that this is a Conditional Rezoning, so you just can't add conditions. It would have to be added as part of the proffers. Morris Fine: We can do it. Barry Knight: Ms. Anderson. Janice Anderson: This is just a discussion on the hours. The problem with the fence, I think that should be appropriate since that is his residential zoning, but I'm not in favor of putting any kind of hours restriction on because it is being developed in the industrial r- - -.---- e--------- Item #17 Chesapeake Atlantic, L.L.c. Page 7 section of the property. I think they state what the normal hours are, but I don't know if I would support it with the hours since it is undeveloped in the industrial zoning. Barry Knight: Thank you. Mr. Ripley? Ronald Ripley: This will be warehouse/condominiums/office warehouse? Tim Ashman: Office warehouse. Yes sir. Ronald Ripley: Do you anticipate most of your purchasers to be occupants? Tim Ashman: We do. We hope to have, and I have a business on Jensen Drive right now. Were in the manufacturing business. We of course hope that our business will grow so that we are able to occupy some of it as well. So, we just don't know at this point. We may lease and or sell parts of it but we haven't got to that point yet. Ronald Ripley: Tim, no pre-sales at this point? Tim Ashman: No. No pre-sales. Ronald Ripley: Okay. = Barry Knight: Are there any other questions? Mr. Bernas? Jay Bernas: Can you address the opposition's concern about the entrance onto Birdneck as opposed to coming back throughout the development. Tim Ashman: If I understand his concern. I always have. We want to be good neighbors. We really do. But I feellike that it is a natural flow of the shape of the property. It would literally be so difficult for anything to turn around within that area. Any kind of delivery truck or pick-up vehicle to turn around, whereas, if you're able to come in and then go out, it creates a much better flow. I don't know if you have experience being back in the park where there is a lot of congestion and trucks and cars can't turn around, but literally, people go onto other people's property, and they go over the curbs and they hit other cars, and things like that. I just think from a flow perspective of a project that it makes sense. Barry Knight: Mr. Crabtree? Eugene Crabtree: If I understand right, I think you just clarified the point. ITs I understand right, you're going to plan to come in from of Birdneck Road with a right hand turn and exit the back of the property, so we're not talking about making a right hand turn onto Birdneck Road, out of your property, and going down to the next intersection and making a u-turn? .r,--- . ~_._~_. Item #17 Chesapeake Atlantic, L.L.C. Page 8 Morris Fine: I think we would want to use. Eugene Crabtree: Your entrance is going to be a two-way entrance. Morris Fine: Two way. Eugene Crabtree: Because you just said something about difficulty in turning around, and the flow would go to the property and exit on the back of the property, and would circle around and go back to the other neighborhood as the gentleman with opposition so stated, as Mr. Ford stated. Tim Ashman: For large trucks that would certainly be the case. Eugene Crabtree: What's the difference between large trucks and small trucks as far as traffic is concerned? Morris Fine: Some of the traffic would be coming in off of Jensen where they have a stoplight now, and they could come in, and circle around, and then exit, take a right down the way. From a standpoint of the traffic flow, I think it would be better for egress/ingress. = Eugene Crabtree: I just want to clarify it. Morris Fine: Thank you. Barry Knight: Are there any other questions for Mr. Fine. Mr. Bernas? Jay Bernas: One last question. You mentioned that even though there are only two people in opposition in July, you only attempted to contact one of them. Morris Fine: I think Mr. Ford is the brother-in-law of Bishop Thoroughgood, as I understood. Bishop Thoroughgood was to be the spokesman, as I understood it. I wasn't here, as I had a court case, and couldn't be here. But that is what I was told. Tim Ashman: I personally called Bishop Thoroughgood and tried to meet with him a number of times, and I sent out a letter to both parties with a new set of plans showing that we moved the project back behind the line as they requested, and with the new buffer, along with the letter saying that if they had any questions, please call me. And, I did not hear from them. I did hear from Bishop Thoroughgood, and that he had called Karen Prochilo and said that he felt much more comfortable with the revised plan. So, I was under the impression that we were heading in the right direction. I did send out a letter to both of them with the new set of plans, saying what we had done to try to be a good neighbor and resolve the issues. ~-_..-- . ....... --- r__-- Item #17 Chesapeake Atlantic, L.L.c. Page 9 Barry Knight: Mr. Fine? Morris Fine: Yes. Barry Knight: We have another gentleman that didn't realize that he had to sign up that is in opposition. We don't normally do this but we are going to let him speak very briefly, but you do get a chance to come back to address his concerns. Call him please, Mr. Strange. Joseph Strange: Speaking in opposition we have Paul R. Willis. Barry Knight: Welcome Mr. Willis. Please state your name please? = Paul Willis: Paul Willis. I just-want to talk on behalf of this. I heard you talking about the hours of operation. I live right behind where they are getting ready to build. As it stands right now, I suffer every night because of one of the businesses back there, which does surfboards. I have asthma real bad. The fans are going right into my house. And when it comes to this traffic, we don't need another opening there at all. We've been having terrible accidents right there at the comer between Jensen and Beautiful Street. We just had a very bad accident here recently. And, with this building they are talking about, I can't see how, and we are having drainage problems now. We can run a little in my yard. I mean the hours that they are working. They are back there 2:00 or 3:00 in the morning. Like Mr. Ford said, we have trucks coming in all times of the night disturbing sleep. If they stay behind the line or the wall fine, but not the way it is going now. Barry Knight: Thank you. Are there any questions? Thank you sir. Mr. Ford, we just afforded this gentleman an opportunity, but unless you have some brand new information and someone is willing to sponsor you up here, you've had your time. Dorothy Wood: I'll sponsor him. Barry Knight: Come forward please sir. Please state your name again Mr. Ford. Nathaniel Ford, Jr.: Nathaniel Ford. Thank you for this opportunity. I listenedd to Mr. Fine and to what the young man was saying. No attempt was made to contact any of us. He was here in July, and we went outside. We all agreed then. He gave us a verbal agreement. We would meet all the members of the community. Bishop Thoroughgood's church was the meeting place, and he would contact all of us. He had my name. He had my phone. He had my address. His business is 30 yards away from my home. He couldn't contact me? He couldn't say anything to me? The only thing he did was this. He sent a letter to me after the fact with this program, after the fact. After they arranged what they wanted to do. I'm still concerned that we need to put something in writing for the hours of operation. It is a noise zone back there. For residential, it is bad, and we -r------ \.----- Item #17 Chesapeake Atlantic, L.L.c. Page 10 need to have something in writing pinpointing them down to the time and hours of operation. Thank you. Barry Knight: Ms. Wood? Dorothy Wood: Would you be happy Mr. Ford if we did have hours of operation and they had the fence? Would this make your concerns go away? Nathaniel Ford, Jr.: Yes ma'am. Two things. Hours of operation number one. The fence is part number one. Number two, please take Birdneck Road where they are trying to enter and exit and make it a one-way entrance. We do not need that as an exit. As you come in you enter fine. If they exit, they cannot come out here. They have to come all the way down to Beautiful Street and for a big truck tying up traffic trying to make a u- turn to go back out when they can just come through Jensen Drive. You have a place that is open for them. Go through that way, and make all the transitions that you do. Dorothy Wood: I think Mr. Willis just talked against that. Nathaniel Ford, Jr.: Yes. We definitely want that to be closed. = Barry Knight: Are there any other questions? Mr. Strange. Joseph Strange: Well, the way I understand it, traffic would have an option; so, instead of going down there and making a u-turn, they can go out Jensen Drive. Nathaniel Ford, Jr.: That is what we want them to do. Joseph Strange: That's what I'm saying. They still have that option. That isn't cut off to them. Nathaniel Ford, Jr.: No. What I'm saying is that the entrance they have here. Let's take this entrance here, and use it as an entrance only. Any kind of trucks that come for delivery is fine. Come here as an entrance only. When the trucks make their delivery, they go through here, through Jensen Drive, and come back out. They have the right to go right or left. As you come here as an exit, (now accessed for proposed development) you tie up traffic here trying to make a u-turn on the highway at Beautiful Street. We do have a lot of accidents here on Birdneck Road. It is bad enough as it is that the traffic we have now, and the accidents and people's lives are at stake. Joseph Strange: I guess my question to you is do you think that the Jensen exit would be better for the people that were going to exit out of there that were going to take a left? Nathaniel Ford, Jr.: Yes sir. ~-- -r-'-.'" Item #17 Chesapeake Atlantic, L.L.C. Page 11 Joseph strange: Then why would they not choose that because that option is there, and it is available to them. So, if somebody worked there or somebody was using that quite often, they would figure out real quick that they could go down and make that left. Nathaniel Ford, Jr.: Sometime, truck drivers are lazy. If there is an opening here, instead of him going and using this exit, go out and come back around, they would try to back their truck up and come out and exit here, and tie up traffic. We put here a sign entrance only that will eliminate that problem. Barry Knight: Are there any other questions? Joseph Strange: I have one more. Nathaniel Ford, Jr.: Yes sir. = Joseph Strange: Since these are business owners, and they are, somewhat, business people who use this as an office space also, would the restriction on the hours have anything to do with coming in and out of their businesses at night? That would be question number one. And question number two kind of goes along with that. Are you concerned with them operating after say sleeping hours, say 9:00 or 10:00 o'clock at night? Is that your big concern? Nathaniel Ford, Jr.: My big concern is that I'm also an entrepreneur. I have a business. I shut my business down normally at 6:00 0' clock. But I do have the right to go back to my business anytime that I want to, but I don't have the right to operate my business after closing hours. That is why I said give them some operational hours, so what it does is set up a range for them to come in and work. If they have to go back to their business, they have a right to go back to their business or do what they need to do, but have them operate from 7:00 o'clock to 7:00 o'clock. Most ofthe residents at that time are coming from work. They want to sit down and relax. Joseph Strange: The only reason why I am saying that is because I have a lot of experience that people working in those environments, and most of the time are out at 6:00 o'clock, and it is pretty much of a ghost town. They get on out there. Nathaniel Ford, Jr.: Not where we are now. Joseph Strange: Well. Okay. I don't know about your particular situation. Unless someone was doing some manufacturing in there, they wouldn't normally be working late hours. Nathaniel Ford, Jr.: Around there, coming through Jensen Drive it is a 24/7, which means open seven days a week, 24 hours a day. You even have people who live there, who have rented those places and actually live there. There are parties going on at night. \r------ - r-n Item #17 Chesapeake Atlantic, L.L.c. Page 12 There are bottles breaking and ambulances. Police running back in there, and fights going on. The other night they were blowing fireworks, right behind the residential homes. So, somewhere we have to stop for the resident's sakes. Barry Knight: Are there any other questions for Mr. Ford? Thank you sir. Nathaniel Ford, Jr.: Thank you. Barry Knight: Mr. Fine? Morris Fine: I have no more comments. Barry Knight: Okay. Does anyone have more questions? Mr. Henley? Al Henley: Is it normal to place hours of operation on an industrial zoned piece of property? Barry Knight: Mr. Scott. = Robert Scott: Yeah. I think that's not inappropriate at all especially where you do have a residential neighborhood. The Birdneck Road area is an unusual area because it is a mixture of residential and industrial. I don't think there is anything unusual about it Mr. Henley. If it is your judgment that something that like ought to be considered, I don't think there is any precedent against it, if that is what you're wondering about. ~ don't find that to be true. Al Henley: Thank you Mr. Scott. Barry Knight: Ms. Anderson? Janice Anderson: I would be in support of this application. I think the applicant has done what we generally asked at the beginning; which was to look at their original plan, and try to modify it so they could preserve the buffer or have less impact on that residential portion. It happens to be Mr. Ford's property and the other surrounding properties. I think they have done that. They have moved the actual buildings back into the industrial area. They've allowed that buffer, and also with the other residents to the south of it, you have that big space with the parking area, and some other green space. I'll support it, but I would be in favor of adding or requesting the applicant to add a proffer that would include putting up a fence like you said. And, now, after further discussion, I would probably be in support of some kind of loose hour restriction, if that could be put into a proffer. Barry Knight: Is there an hour time frame you would like to suggest and put it in the way of a motion? = ~-_. b--- Item #17 Chesapeake Atlantic, L.L.C. Page 13 Janice Anderson: I would like to refer to the applicant, but I believe that 7:00 to 7:00 would be okay, and some kind of fencing just along the residential, and not the industrial part, just the residential portion along the buffer. Barry Knight: Okay. Would you put that in a way of a motion? Janice Anderson: Yes. Dorothy Wood: I'll second it. Barry Knight: Dot Wood would second it. I'll open it back up for discussion. Mr. Ripley? Ronald Ripley: I would support that motion as well. I'm always hesitant on putting a time restraint up here. This is a light industrial zoning lot, and if there is anything obnoxious to the neighborhood in the form of a use, it is going to come in the form of a Conditional Use Permit, and it is going to come back to this Commission and back to Council for consideration. These are small businesses. The reason why I asked about it being a condominium owner/occupied type unit, is that they are pretty good occupants. I think Joe is in one. I know that I'm in one. People take care of their property. There may be someone who owns one and rents it out as well, but typically, if you are an owner/occupant, you really take care of it, and you're really sensitive to the neighborhood and those things. This is an area that is in transition; so, if you put this condition of time, and then Mr. Ford, let's say he sells his property and it becomes more industrial, because it is happening. That is the pattern that is going on here. Let's not ignore it. I guess, Mr. Fine could come back and ask to remove it. That is his option, I guess. In this case, this is a very light industrial use, and I realize you're trying to balance something between an owner and a resident, but I feel like what is taking place with the setting of the industrial office building back as far as they could and the setback with the BMP and the buffers, I haven't seen anyone try to accommodate a neighborhood any better than this, given the odd shape of this piece of property. I'll support it if you want to put some loose restriction, but I would really love to see it as liberal as it could be, because I really think it's unnecessary. I think the fence is a good idea, and I think Joe is making a point. I think he is right. I think if you work here, you' Ie going to find the right way to get out of here. You probably won't want to go out there and do a u-turn, you'll want to go around through Jensen and come back out the other way. That is the nature of people working in their environment. I'll support it with a restriction on time, if that is what you think. I'd like to see it as loose and liberal as possible, because I don't think it is unnecessary. Barry Knight: As the motion stands on the floor right now, we're limiting the hours of operation from 7:00 am to 7:00 pm and adding the fence. We'll open it back up for discussion. Mr. Strange? Joseph Strange: Well. I'm in total agreement with Mr. Ripley, only because I do work in r-n..- -~_.._~-- . Item #17 Chesapeake Atlantic, L.L.c. Page 14 this environment. I just never have seen a problem with noise late at night, but having said that, there may be some looser restrictions around 9:00 o'clock or 10:00 o'clock. But also, most condominiums have the association itself as to restrictions on noise and on what type of noise can go on within these places. So, I would like to maybe limit that to the hours of operation to somebody who may be doing some manufacturing in there, who will be creating noise. I would hate to, again, for the applicant to have to limit who might buy there because they didn't like that restriction on there. But again, I would want to protect the neighborhood too, because surely, nobody wants to live in an area where there is a lot of noise going on, and they can't sleep at night. So, Ijust think the hours, and if they are going to be put on there, I don't support the hours, but if they are, I think they should be more like hours around bedtime hours, like maybe'9:00 or 10:00 o'clock at night. Barry Knight: I'll open it back up. Mr. Livas? = Henry Livas: I would support it, but I do think we need hours in there. From what I can determine the applicant is agreeing to the 7:00 to 7:00. Unless the applicant has some strong objection to that, I think they should remain in there. Mr. Ford's concern about the trucks going out the one-way street, I think I would agree with the applicant that most of them will make that loop around, particularly the large trucks. I don't think that problem is going to materialize, but I do think they need the hours of operation. Barry Knight: Is there any other discussion? Okay. There is a motion on the floor made by Jan Anderson. Mr. Strange? Joseph Strange: I would like to make a substitute motion to change the hours from 7:00 to 7:00 to 7:00 to 9:00. Barry Knight: And add the fence? Joseph Strange: And add the fence. Keep everything else in there. I would encourage the condo association to put a strict rule in there, because when you get people in those environments and you restrict the rules, the better you are as far as keeping everything in control. Barry Knight: Mr. Crabtree? Eugene Crabtree: I'll second the two motions. Barry Knight: I'll open this up for discussion. Dorothy Wood: The only reason I was talking about the 7:00 to 7:00 as Mr. Ford requested is because it is an unusual area. Most of our industrial or office does not have r--m n -l----- r--- - Item #17 Chesapeake Atlantic, L.L.c. Page 15 this much residential around it. This is surrounded by residential, and this was my concern for the people in the evening. Barry Knight: Mr. Strange? Joseph Strange: Again, being familiar with this type of environment, people buy these units because they don't want to rent. They want to own these things. They want to invest their money. They want to resell them one day. Some of these people who own these, they buy them, and one day, they are going to sell them as part of their retirement program or something. The more restrictions that you put on these, the less valuable they become, and the harder they become to sell. I don't want to do anything to hurt the neighborhood. If I thought that this was going to hurt the neighborhood, I would not be in favor of it. I think the more flexible you can be, the easier it is going to be for them to sell the units, and the small business people who buy them. They are going to want to sell them one day. I don't want to see anything that is going to decrease the value of their property for them. If we can find a compromise in here where it wouldn't affect the neighborhood, and it is not going to keep anybody from sleeping at night, and at the same time not limit the value of their properties, I think that would be a good compromise. Barry Knight: Thank you Mr. Strange. Mr. Crabtree? = Eugene Crabtree: Just one comment on what Joe said. My feelings, and the reason why I seconded his vote to 9:00 o'clock, was the fact of working in the summer time, which most industrial things do. In the summer time, it doesn't even get dark to 9:30 at night. So we're talking about daylight hours. We're not talking really about dark hours except maybe for a few months. In order to get the businesses a little bit more latitude during daylight hours is why I would support this along with Ron and Joe. Barry Knight: Thank you. Is there any other discussion? Mr. Bernas. Jay Bernas: Ijust want to say that I agree with Commissioner Livas. I think that the applicant has recommended 7:00 to 7:00. I think we need to take great care in the Birdneck area, where we've got these self-storage industrial uses, because they are limited by the AICUZ, and we're placing them right in residential neighborhoods. We had one recently on Bells Road as well, and I just want to protect the existing neighborhood's interest as well, especially since they recommended 7:00 to 7:00. I totally agree with Commissioner Crabtree, and I'm in favor of the application, but I would like to see 7:00 to 7:00. So, if this vote comes up, and it doesn't pass, I would like to make a substitute motion for the 7:00 to 7:00 hours. Barry Knight: We have a substitute motion on the floor. It is a substitute motion, which is for the fence and 7:00 to 7:00. If it doesn't pass, then we will go back to the original motion, which is 7:00 to 7:00. So, is there any other discussion? ~---~- r------ . Item #17 Chesapeake Atlantic, L.L.c. Page 16 Dorothy Wood: The original motion was 7:00 to 7:00. The substitute is 7:00 to 9:00. Barry Knight: Right. We're voting on the substitute motion, which was fIrst made by Joe Strange and a second made by Ron Ripley. We would like to add into the proffers, between now and Council, the addition of the fence and the hours of operation from 7:00 am to 7:00 pm. That is the motion that we're voting on right now. Dorothy Wood: No. 7:00 to 9:00. Barry Knight: That is what I meant to say. That is what I've gotten written down. Let me restate the hours of operation. On the substitute motion will be from 7:00 am to 9:00 pm. We'll call for the question. AYES NAY 4 ABSO ABSENT 2 ANDERSON NAY BERNAS NAY CRABTREE AYE HENLEY AYE KA TSIAS ABSENT = KNIGHT AYE LIVAS NAY RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD NAY Ed Weeden: By a vote of 5-4, the substitute motion on the application of Chesapeake Atlantic for the fence and the hours of being 7:00 am to 9:00 pm has been approved. Barry Knight: Thank you. CITY OF VIRGINIA B:IT,ACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6473 DATE: October 11, 2006 FROM: Leslie L. Lilley I ~- B. Kay Wilso~" DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Chesapeake Atlantic, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24, 2006. I have reviewed the subject proffer agreement, dated May 17, 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 ../ This Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 17th day of May 2006, by and between, CHESAPEAKE ATLANTIC, LLC, a Virginia limited liability company, herein referred to as "Grantor", party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WI TN E S S E T H: WHEREAS, Grantor is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively 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 Classifi cation of the Property from R -10 Residential District & I-I Light Industrial District to Conditional I-I Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different 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 reasonab1e conditions governing the use of the Property for the protection of the community that are not generally applicable to land GPIN 2417-42-7931-0000; 2417-42-6802-0000; 2417-32-6769-0006 (portion 01) -1- similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map 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, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby 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, Grantee, and other successors in interest or title: 1. When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Conceptual Site Layout & Landscape Plan of Chesapeake Atlantic, LLC" dated May 16,2006, 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 (hereafter "Site Plan"). -2- 2. When the property is developed, it will be developed substantially as shown on the rendering entitled "Proposed Office/ Warehouse for Chesapeake Atlantic, LLC", undated prepared by EYG Architects, PC which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Rendering"). 3. The use of the Property shall be only office / warehouse. 4. The hours of operation of the office/warehouse will be between the hours of 7 :00 o'clock a.m. and 9:00 o'clock p.m. daily. 5. The Grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and the property of the Grantor. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R -10 Residential and I-I Light Industrial Zoning Districts 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 Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, -3- 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 such 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 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 -4- 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. WITNESS the following signatures and seals: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Timothy E. Ashman, Member/Manager of Chesapeake Atlantic, LLC, whose name is signed as such to the foregoing instrument dated the 17th day of May, 2006 did personally fippear before me in my City and State aforesaid and acknowledge th s befo e me. GIVEN under my hand and seal this /1 Notary Public My commission expires: September 30, 2007 -5- ;-- ;-- ~- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Oxford Properties, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District on property located at the southeast intersection of Centerville Turnpike and Indian River Road (GPIN 1455998372). DISTRICT 1 - CENTERVILLE MEETING DATE: October 24,2006 . Background: Application of Oxford Properties, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District, at the southeast corner of Centerville Turnpike and Indian River Road, for the purpose of developing a 180-unit apartment community. . Considerations: The applicant proposes to develop a three (3) story apartment complex with a total of 180 units. The development will offer a clubhouse, pool, car wash and several garage spaces. The apartments will be a mix of one (1) and two (2) bedroom units. The proposed elevations depict buildings with an attractive fagade of high quality building materials chosen to coordinate with the design of the structures across Centerville Turnpike on the CBN and Regent University campus. The fagade of the apartment units, the clubhouse and the garages will be a mix of brick and cement fiber board (Hardiplank). The site plan depicts parking in excess of the minimum requirement of 327 spaces. A total of 332 parking spaces are shown on the proffered plan. The property could be developed by right with any principal use identified in the City's Zoning Ordinance as being permitted in the B-2 Business District, such as a shopping center with a grocery store, restaurants, and other retail uses, all of which generate significantly more traffic than the proposed apartment complex. Traffic Engineering staff indicate that a typical, 10 acre, commercial development could generate up to 6,050 average daily trips (ADT). The proposed 180 unit apartments will generate 1,210 ADT, a substantially lower amount. This is significant in an area with already over stressed and over capacity roadways. The applicant has proffered to install turn lanes as necessary and to dedicate land for future improvements to both Centerville Turnpike and Indian River Road. There was opposition to the request. Oxford Properties, L.L.C. Page 2 of 2 . Recommendations: The _Planning Commission passed a motion by a recorded vote of 7-1 with 1 abstention 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 ~ CityManager:~~ \L _ ~""'"Z... ~ QXF_ORD PROPERTIES, L.L.C. Agenda Item 16 September 13, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: ~ Chanae of Zonina District Classification from B-2 Community Business District to Conditional A-24 Apartment District. ADDRESS I DESCRIPTION: Property located at the southeast corner of the intersection of Centerville Turnpike and Indian River Road. GPIN: 14559983720000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 10.98 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing property zoned B-2 Business to Conditional A-24 Apartment for the development of a three (3) story, rental, apartment complex with a total of 180 units. The complex will offer a clubhouse, pool, car wash and several garages. The apartments will be a mix of one (1) and two (2) bedroom units. The exterior facades of the buildings are designed with high-quality building materials consisting of a mix of brick and cement fiber board (Hardiplank). The site plan depicts parking in excess of the minimum requirement of 327 spaces. A total of 332 parking spaces are shown on the proffered plan. EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: LAND USE AND ZONING INFORMATION . Drainage canal · Undeveloped / B-2 Community Business District . Indian River Road ...);.t_.,::;"';'''.,'';'''"'.,._,t\ ">""'-" ;, '>,~; ';'-. .X'''-~ ..../,.,A.;.,....,. YV,<". ,".....\', ,,- .,<> ",.y," OXFORD:PROPERTIES Agenda Item .16 . 1 .,;<~;", ',~, ,.....,..': .,; , w.-:', ,_...~ r- .. East: . Single-family dwellings / R-1 0 Residential District . Drainage canal . Undeveloped / B-2 Community Business District . Single-family dwellings / R-5D Residential Duplex District . Drainage canal . Undeveloped / B-2 Community Business District . Centerville Turnpike South: West: NATURAL RESOURCE AND CULTURAL FEATURES: The property is within the Chesapeake Bay watershed. The majority of the site is grass field. There is a large drainage easement along the eastern portion of the property. There do not appear to be any significant environmental 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): Centerville Turnpike in the vicinity of the site is a two (2) lane, undivided, minor suburban arterial. The MTP proposes a divided roadway within a 150-foot wide right-of-way. There is a project for this portion of Centerville Turnpike in the 2006-07 CIP in the "Requested But Not Funded" listing for the construction of a four (4) lane, divided roadway with a 167-foot wide right-of-way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 18,741 ADT 15,000 ADT I (Level of Existing Land Use ~- Turnpike Service "D") - 16,200 ADT 6,050 ADT 1 (Level of Service "E") Proposed Land Use 3 - 1,210 ADT Average Dally Tnps 2 as defined by 10 acres of a typical retail operation 3 as defined by 180 apartments WATER: This site must connect to City water. There is an existing 12-inch City water main along Centerville Turnpike and a 16-inch City water main along Indian River Road. SEWER: This site must connect to City or HRSD sanitary sewer. This site is out of the surrounding pump stations 434, 437 and 442. If the sanitary sewer flows from this site enters into one of the surrounding pump service areas, analysis of that pump station 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 at the intersection of Indian River Road and Parkland Drive. There is an existing 8-inch City gravity sanitary sewer main along Indian River Road northeast of the site. There is an existing 42-inch HRSD force main along Indian River Road. .3~"" " j/ ,...~ '~' <:"< "":;' 4. '- .o.,;:"",...J;"v' ~,;~ "" <.' (;\::< '-~" :,."---::",;':::':--;:" \. c'~ .:,....d' __..' .;.., OXFORB PROPE8,1'IES Agenda Ite~ 16 " .. --.-. _ Paget ".^' r-' r SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment T allwood Elementarv 594 597 8 8 Brandon Middle 1389 1353 5 5 Tallwood Hiah 1961 2002 6 6 " " 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). 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 area as being within the Primary Residential Area. All new development and redevelopment in the Primary Residential Area should, in general, maintain and complement the predominant suburban character of the Primary Residential Area. In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Evaluation: The proposed change of zoning from B-2 Community Business District to A-24 Apartment District is acceptable. The property could be developed by right with any principal use identified in the City's Zoning Ordinance, such as a shopping center with a grocery store, restaurants, and other retail uses, all of which generate much more traffic than the proposed apartment complex. Traffic Engineering staff indicate that a typical, 10 acre, B-2 development could generate up to 6,050 average daily trips (ADT) while the proposed 180 unit apartments will generate substantially less trips with 1,210 ADT. This is significant in an area with roadways already over stressed and over capacity. The applicant has proffered to install turn lanes as necessary and to dedicate land for future improvements to both Centerville Turnpike and Indian River Road. The residentially zoned properties to the east and south will be buffered by the 150 foot wide drainage easement along the eastern and southern property lines. The proposed elevations depict three (3) story apartment buildings with an attractive fagade of high quality building materials chosen to coordinate with the design of the structures across Centerville Turnpike on the CBN and Regent University property. The fagade of the apartment units, the clubhouse and the garages will be a mix of brick and cement fiber board (Hardiplank). ".;' ":^",,:,..,:,--,, J' ,<;-" .\ r:~ '-"", ''';''~''::, ,--t "--'<:/'':,1'''''' >< / /' ,!".P', ,-:........ ."-,"'" -;OW" '", ~ OXFOR~'PJ=lORE8~IES '~g~nda It "16 3 ,... ;-- PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be used for the purposes and uses permitted in the A-24 District, along with accessory parking and other accessory site features. PROFFER 2: Grantor shall install a contiguous landscape buffer on Centerville Turnpike as approved by the Planning Director, as more particularly set forth on the plat drawn by corcoranlota "OXFORD APARTMENTS AT REGENT UNIVERSITY" dated June 1, 2006. The buffer shall be composed of plant materials as shown on the attached Exhibit B. PROFFER 3: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "SITE PLAN, OXFORD APARTMENTS AT REGENT UNIVERSITY" dated June 1,2006 prepared by corcoran/ota (the "Site Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. PROFFER 4: The exterior of the typical apartment building shown upon the Site Plan shall be substantially similar in appearance to the color coordinated rendering exhibits prepared by corcoran/ota, dated June 1, 2006, said exhibit being the same exhibit as the color coordinated exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia and being composed of the same building materials and elevations as reflected upon the said elevation exhibit on file in the Planning Department of the City of Virginia Beach, Virginia (the "Apartment Building Rendering"). The building materials for the dwelling units will be brick and cementuous siding materials (such as Hardi-plank). The maintenance structure will be made of the same materials, be one story tall, and have an open bay carwash attached PROFFER 5: The exterior of the Clubhouse and typical garages shown upon the Site Plan prepared by corcoran/ota, dated June 1, 2006, shall be substantially similar in appearance to the color coordinated rendering exhibits prepared by corcoran/ota, said exhibits being the same exhibits as the color coordinated exhibits dated June 1, 2006, submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia and being composed of the same building materials and elevations as reflected upon the color coordinated rendering exhibits which depict the renderings of the Clubhouse and a Typical Garage which are on file in the Planning Department of the City of Virginia Beach, Virginia (the "Clubhouse and Garage Rendering"). Building materials for the clubhouse will be brick and cementuous siding materials (such as Hardi-plank). The typical garage will be made of the same materials. :;::".,.-;:')--"~~:''''--:,,, .....,;"..., ~::~\ : :'~ N----'" --j' ><,";' ~".: --. """"::,:- ;"'~ OXFORD'PROPERTIES Agenda Item ..16 . Page 4 ~-- r-- ~. PROFFER 6: The Grantor agrees to provide access management improvements along Centerville Turnpike in accordance with the Site Plan dated June 1, 2006, or as may be determined by Public Works Director or designee. The Grantor-agrees that such improvements shall be reflected on the final site plan as required by the Public Works Director or designee. The Applicant further agrees that these improvements shall include, without limitation, the following: a) Centerville Turnpike entrance and drive aisle shall be designed and constructed as approved by Public Works Director or designee to serve this development; said entrance and drive aisle shall be constructed prior to the issuance of a certificate of occupancy.A left turn lane and a right turn lane into the site shall be designed and constructed as dictated by Public Works requirement for Centerville Turnpike; said turn lane improvements shall be constructed prior to the issuance of a certificate of occupancy. b) Right-of-way dedication at the Indian River Road and Centerville Turnpike intersection as deemed appropriate by Public Works Director or designee, and right-of-way improvement requirements as approved by Public Works Director or designee (Le. left turn lane and right turn lane construction); said right-of-way dedication shall be recorded prior to final site plan approval. Any other physical improvements necessary as a direct result of this rezoning and as may be required by the Public Works Department shall be constructed prior to the issuance of a certificate of occupancy. c) The Grantor agrees that the location of any entrance shown on the preliminary site plan may be modified as long as the appropriate entrance spacing is maintained, as determined by the Public Works Director or designee. PROFFER 7: A Signal Warrant Analysis of the site access driveway intersection with Centerville Turnpike shall be conducted. a) Should the Signal Warrant Analysis determine the need for a traffic signal, the Grantor agrees unconditionally to deposit its pro-rata share of the cost of construction and installation of the traffic signal prior to the issuance of a certificate of occupancy. b) In addition, the Grantor shall post a bond in an amount sufficient to cover the construction and installation of the traffic signal. PROFFER 8: Grantor shall dedicate a right-of-way to provide a one hundred thirty (130) foot right-of-way for Centerville Turnpike and a one hundred fifty (150) foot right-of-way for Indian River Road. Grantor will provide sufficient right-of-way dedications as may be required by the Grantee and as may be conditioned to the approval of the final site plan. PROFFER 9: Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which, if agreed to by Grantor, shall be observed or performed by Grantor. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, ensure its compatibility to the surrounding area, and provide assurances regarding integration with the transportation system in the area.. ,v-.,~-"-".:-..",.;.:,,, ,,,- ~..~' ;" ',,,'.,," .c"'; ,:~. '-""":_,::'-;;"::::::<;,:;,', OXFORDPROPEFrfIES' Agenda Ita 16 Pa 5 ',-'0-: po"" r- - - b. r- The City Attorney's Office has reviewed the proffer agreement dated June 1, 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. ",~".",,-~. .,.-~" V___' .......,...."... -....,. ."'."',, OXFOR[~L~ROPER~IES Agenda Item 16 . ..Page6 AERIAL OF SITE LOCATION',��,,-,� r r- r- I 11 ~ '1 ~i!ii U3.' tlU!i i .1 ! tIlt .un i W! 1 I 1 i 1 1 f i t 1 i I I 1 f It t I. f 'I It 1 II II 1(' ... <.< PROPOSEDSITE:Rt:AN'w"~<, .. )' ',/,"<, '-" '">,:.:;._^.~.,,, '''-....,:. '-., .:;,;~;:.....</'>~: "".'::"'-<">>: ;-,/.;" ,,<<?~ ~'" OXFOR8 PROPERTIES Agenda Item 16. "e~g~ ~. \-. i-u - ~ is me: c:W :9.C!: -z ci::J 1$.... iiri 1lIC) ~~ iil-! I .!:! <e= ~f.!; ..Zz o w~ &:2 I.... iJe: f~ co oe: 00 rc o PROPOSED BUILDING ELEYAr.J~)N, ,,~_>>'::"';-...<~,_'~::'; h /\ ' )5 L~,< f..:""<:'\ ''''/;''i.~7::'''<'i,_<, "~,/'-l ';'" 4 ;> ",~ '>~ ;'::'~<:>';::~:~jF~::';:~,/<,;: " ,':,- \,~/ .-..:'- ,;"" OXFORaiPROHE :~~$ndaJt r-' t-~u-- CD ... ::s o .r: ,Q ::s o f- -- PROPOSED CLUBHOUSE I;~F";lTI~~, "'" --v' . '. ',:-::- ,-' ',.,...:........., ..~."'.', .-.....' '. <" '" :~ :>>;:;::~xr<;.:'..:,;'< ,>' /" . ;:"',:~;':Y- OXFORD PROPERTIES .' -:-:' Agenda IteliJ. 16 . :Pag~:J 0 r t--H' . . r . CD PROPOSED GARAGE ELEVATION ;:~:~o:1:'r;":;,:-":.8:~;;-:;~~'~\,~/ /'" ""/ -~ . , -~;- ." """:"__.', .'-: ,. ;3<~:":~ ";"'""":: "C:;"",:.:',v';'-<->-'-, c',,, v, OXFORD;'PROPER~IES Agenda Iteifl. 16 .Pag~1) . \-' ',-, '-..:: '" :-;- ~;;':::';~'~7~F<0;" c~. i"f ':"-..,(- ,,' . ,. -< ,"' ",:,::.: , ... r-. 1 02/11/03 SUBDIVISION VARIANCE Granted 2 06/11/02 STREET CLOSURE Granted 3 07/11/95 CUP (nursing home - outpatient therapy) Granted CUP (nursing home) 06/26/89 CUP (nursing home) Granted 08/27/87 Granted 4 02/13/89 CHANGE OF ZONING (R-5D to 0-2) Denied 5 1 0/1 0/88 CUP (church addition) Granted 09/14/81 CUP (church) Granted 6 04/07/86 RECONSIDERATION OF CONDITIONS Denied 06/15/81 CHANGE OF ZONING (R-8 to B-2) Granted 7 01/16/84 CUP (satellite dish) Granted 8 01/16/84 CHANGE OF ZONING (R-8 to H-1) Granted ZONING HISTORY " ~v~""p - :A,,~,,\.,__;;- i,-<-=-~,,:-'\.:-'<l '1, /;', ' >: -C', f(: _,v:_''-'''-': -:> .y'" ~' ~/< >"\(ji;<;'~~. "'2;;"\ OXFOR~'g110HE i1\g~nda It p W'--', .",. r-~ !z 1IJ :z: ~ ~ U) 1IJ D:: ;:) .U) 9 o U) is l! .:g.'~ -':~.(S. ~ti i'O~ .~ I!..- :~8 !1.1 lI);;:~!!, ~,lE-S..~ :::1...30 'i. . ~ 8~'u ... ~... - ~2~~ is!l~ ~ 81 ~~ gn~ ~l~~f <dJi Jlii a"ili1.fi ~Jli ~ g' ';,; ail~ :i-~~ ....,Ss: ~ le .' :r-'lS s .9-1!l! <;~ 0:1$_ co" .t:"'.121 . a<- ~ 2 '" "'"!ll.'5 e.9-~ ""Ia - '" ~"'21L~ ill'-:s &'i.. ~..-- cs ' -~,32t1SC: -G,1 " .. s .,,~'.~lfii5e~.$ t~~ l~~ ..,?i'-e~'i~~!"'i'E ~~E~.sii!i~IIj'~ t~~. .t.l€i.i.i.l.~el.s; col ;} 'a.f]!:.!l.fil~ if... .~~i€{j~ii~i e:"g ",0 <i"'.!iJgls"~ ." ~..,: !.<S:.! i"E~ "'....... .1.. ..~!:~c:~"'~.t::'11 I ! ~ jl~2iiij. ..ls~O!i ~-i..(f),g~~cJ ~i!"l.l!~ ~Ija !:,i,sllfji j .2c'..e;;; ~~.E.~ .i.'! Cl...S.. i <;..9: "i&N "'flf.u~aa"s i~......~~:. J .t 3f.l.'.~.j.. Ii ~ ls~8 .&..-i' ~"E~ g 01-. !~ fi~ "i f! j !l!fil ~Ia e'5 ~. ~:!l ~.. - 51 S"2 S ..;;; H~a~fifD~~Ri~ Ifli~1~B11~ li~. il~.~ i !~'i "gS;!.! .._~:__c...2 11ft $.ll~ -i.!'2:S !jil I"~ 81~i 8iif' lJI~t !~gj:! !j-:ll51 f~lll ~!li.E ~l~:.s IlliI r-m ji~ i NOIIVJITddV9N1NOZIDI1VNOI1I<INOJ . ... Z 1IJ :z: bJ ... . .~ bJ a: ;:) U) 9 o IJ) is lid ~ i ~~ ~j li ll!i 0 ~ C j- :o~ ?i,<~ oil _ (jg i~ "S1?..( !9c ..I ~ ~.2: Oct c: "'.!! ,," !i:.c ~! 16~J <l! >,C Qil.~ iiJji .~.~.: ~g.:iS -....13 U ~ . .~..-~~ E '.::1: l!! '" "'S O3:e ~.i!l ~!t J!!!;j. jic c 88:~ e:E ~ ~~ :..e f~ ~ '8;10':5'" · 0.. ..... ",.e!-~ ",:!! E 1!i:511 ~~~ .:: ~--' ~ -- ~ .. J I ~~ &;....1.. a.. i~ 3~ ii tg i~ AS..:.,:l tCO 1!1 _:5: ctS'.:t!:j S.. li'J..oC 4)..- $~ !" -"'- !J -.!i :!le < N 2 Is f .. .& ,g c:i: i i ~ I . . ~ j. )1 .!i~t ....: .. -ii I. III ll!d a Q. ;j~]'Oif~ ~l~..~."j.1 rn~ .l!!'l! a; a::- ~ ': :.cIQl~~ J. ~ tII-.Q''''''-''a..~ ~ liii ~i 5 ~iit~ .~..~ ~!i~lllj g:~. !.% !<>l;t ~il~ ~l'i l~ g'.i~ · .J~ ~>,j [~ !ij,! i Jl!!~ I~v; ii.f~~ ...~.~ ~:; ::;~ i=:-i' co ..... is J!!.ll -co CtV j~ :5:-g Ol_ ~i ~B S.E ..cs ~.~ 6i o l J .i ] .. ,.~: ls= -~~ iO:.c: 1'" :s&l ~! is DI~ ..co !! _:5: CG'CQ ~.~ 11>:5 h .Eo. !~ .."" ~i< N Z t c: -!j ..0 g ... ( ~ I co .... o ;;e. J!!8 8]1 ~a ... ~o OJ f !i ..] ~11 I It~ J.i o ~ iii DISCLOSURE ST~JalIENl:2~"\_, ;' ',' ").~';v) ".', ->-,::','..~ '. -::, ..;,..~..,. '. -, <.w '>:", " '-': _.,:;,~-P~:,:::~~r . " ",~,'< {.:-,:),..>:.,:~ ,,<> OXFOR~:PROI1E ,~'~~ndaJt ^R \---- \--- - - Carolyn Smith From: Sent: To: Cc: Subject: patrick.crawford@cox.net Monday,' September 11, 2006 10:21 PM Carolyn Smith bobdyer@regent.edu rezoning request hearing-9/13/06 Dea-r I am writing this letter on behalf of the Charlestowne/Charlestowne Woods Civic League. The areas of Charlestowne and Charlestowne Woods consist of over -SOO households. In the last 5 years, we have observed the addition of 2 low-income or sliding scale apartment complexes (Centerville and Kempsville intersection, and Centerville and Lynnhaven intersection) , _a "luxury" apartment complex (near Centerville and Kempsville intersection), and the ever-growing single family and townhouse complex off Lynnhaven and Centerville Turnpike. We have witnessed a significant increase in crime in our neighborhoods, including robbery, carjacking, vandalism, and loitering consisting of persons dressed in "gang" related wear. My wife and I have personally witnessed drug-use in the Tallwood Apartment complex, while driving through on a Sunday afternoon. The increase in traffic congestion has worsened significantly with the addition of hundreds of vehicles connected to these complexes. I have had to take the Greenbrier exit off of 1-64 numerous times, instead of my own exit of Indian River Road, since the back-up on the interstate is so severe. I feel it is a dangerous situation to sit off the shoulder of the interstate waiting to exit. We do not have a rescue/fire station in the Centerville area, and neighbors have several stories to tell of 30 minute wait times for an ambulance to arrive. We have contacted the Fire Chief regarding this dangerous situation, and have been told there is rio plan to add a badly-needed station in our area, but , not to worry, because the city has contracted ~~ith Chesapeake to use their stations! - I am providing this information as support in our unanimous request that the development of land at the intersection of Indian River Road and CentervilleTurnpike not be developed as an apartment complex, but rather stay as currently zoned for business usage. The increase in crime and traffic, and lack of rescue and fire stations in our district are more than enough reasons to deny the zoning change request. Hopefully, this would be a beginning on a path to limit the density growth of the Centerville area. Please deny this request on Wednesday, September 13th, 2006! Thank you, Patrick Crawford Vice-President Charlestowne/Charlestowne Woods Civic League 1 ~---- - -....---- -- -\-- Item #16 Oxford Properties, L.L.c. Change of Zoning District Classification Southeast intersection of Centerville Turnpike and Indian River Road District 1 Centerville September 13, 2006 REGULAR Barry Knight: We will now start with the public hearing portion of our agenda. We have, I believe, four items to be heard today. We will take these slightly out of order. We are going to drop item 12 down to the last item to be heard. Mr. Scott, hopefully, if he is back at that time, will help expl~n that, if not, we will have someone else do it. But Mr. Secretary, if you would call the first item to be heard today. = Joseph Strange: Sure. The fIrst item is item 16, Oxford Properties, L.L.c. An application of Oxford Properties, L.L.c. for a Chang of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District on property located at the southeast intersection of Centerville Turnpike and Indian River Road, District 1, Centerville, with nine proffers. Barry Knight: Welcome Ann. Ann Crenshaw: Thank you. Good afternoon. My name is Ann Crenshaw. I'm a Virginia Beach attorney, and I represent the applicant. Mr. Randy Royal was dividing our time, and he will speak to the engineering assets of our application. The applicant seeks a rezoning from B-2 Business to Conditional A-24 Apartment for the development of a 180 unit apartment complex. The developer seeks to construct three-stories of high-end apartments with one and two bedroom units. The materials and the design were formulated to complement the Founders Inn architecture, and the relating surroundings. These units are not intended for student housing. The amenities include, but are not limited to, swimming pools, clubhouse, and other picnic type facilities. We, in fact, consider this to be a downzoning because we believe that as we are zoned B-2, we may by-right develop this property as a business facility such as a strip mall or shopping center. The nine proffers are acceptable to the applicant. We have met with the adjacent civic leagues, the New Light Civic League and the Lake James Civic League. The New Light Civic League has not voiced an objection to our application. We have an officer of the Lake James Civic League here today to speak in support of our position. I will now let Mr. Royal finish. Barry Knight: Welcome Randy. r----~ y..---.-- Item #16 Oxford Properties, L.L.C. Page 2 ~ Randy Royal: Good afternoon. Randy Royal, I'm an engineer with Kimley-Hom & Associates in Chesapeake, Virginia. I'm going to talk a little bit about the traffic issue. A gentleman showed up outside, and quite frankly, I'm not sure which neighborhood he is from but I spoke with him briefly. He has, and as Ann has said, we have met with the two adjacent neighborhoods, Lake James and New Light. This gentleman, I think, is going to speak to you a little bit about traffic. He had a concern about the bottleneck, if you will, at Centerville and Indian River, which there is a lot of traffic there now. But, as we stated in the pre-briefing, we are only generating about 20 percent of the traffic that could be generated by a by-right use. The property is zoned B-2 and retail could go in there. We have met extensively with Public Works to talk about the access point, which as you can see there, we're utilizing the existing median break which is already on Centerville Turnpike, we're installing left and right turn lanes to mitigate traffic impacts there. We have also agreed to dedicate right-of-way on Centerville and Indian River Road for future plans that the city has to, I think to, mitigate some of the traffic that they have in there right now. We've got full support of Public Works, as far as where this is located. I believe the gentleman would like for us to have the access further down Centerville Turnpike away from the intersection, but as you can see from the shape of the property that we really don't have enough frontage to get down to that point. It is off the map there. Weare kind of faced with putting it in the existing median break where we have it now, and again, Public Works is fine with that, but, with that, I'll stand by for questions and let the others speak. Barry Knight: Thank you. Are there any questions for Mr. Royal or Ms. Crenshaw? Mr. Bernas. Jay Bernas: How far away is that median break from the intersection approximately? Randy Royal: I'm not sure to tell you the truth from this drawing here. I don't have an overall map. The gentleman that is going to speak. may know. But in looking at an overall planimetric there, eyeballing it, I would say from the existing median break, which is probably another 800 to 900 feet or something like that. The existing one that is in there now, on Indian River, that is probably 650 to 700 feet, which is an adequate separation. Jay Bernas: That is what I was concerned about, that stacking from the intersection traffic backed up to that point. It sounds like it should be a sufficient distance from that intersection for stacking of traffic that is backed up through there. Randy Royal: Right. That was his statement also. Barry Knight: Are there any other questions for Mr. Royal or Ms. Crenshaw? Mr. Royal, could you explain to me, and knowing your engineering background, a lot of times you have on these right-of-ways, where the City needs additional right-of-way, and you said T----- +---.- Item #16 Oxford Properties, L.L.c. Page 3 that you -are going to dedicate the right-of-way. Is it, in fact, sometimes the case where people put in a reservation, and the city has to buy it from the developer? Randy Royal: That is correct. That was initially what was proposed, and Public Works said we would like to really like to have the dedication here. Can you just dedicate this? It is going to help everything in the area. I went back to the developer and they said that was fine. And as I said, part of that is, and I do know they are going to have dual left turn lanes coming off of Indian River on to Centerville, and likewise from Centerville on to Indian River. They need more right-of-way to do that. Barry Knight: Thank you. Are there any other questions? Thank you. Randy Royal: Thanks. Joseph Strange: Okay. Speaking in support is Gary Nelson with the Lake James Homeowner's Association. Barry Knight: Welcome sir. Please state your name. == Gary Nelson: Mr. Chairman. Members. I'm Gary Nelson and a board member of the Lake James Homeowner's Association. We have been briefed on this project, and al1274 homeowners have been notified of this. We have a consensus. We've had zero negative comments from any homeowner in Lake James. We feel that this project is the best use of the land. It is going to have minimum impact on our neighborhood. We certainly would be opposed if that was a strip mall for obvious reasons. We feel that this was the best use for us. We have assessed the impact from the environmental standpoint, and the project involved the canal. We have been assured that is going to remain open, because that is drainage for Lake James. It carries excess water from the lake down to the Elizabeth River. We also understand that the developer is working on the traffic issues by having the appropriate access to Centerville Turnpike. We feel that there would be minimum impact from the traffic regarding our area, and it will be far better than having a strip mall. So, the Lake James Homeowner's Association is solidly behind this application. Thank you. Barry Knight: Are there questions for Mr. Nelson? Thank y~ sir. Gary Nelson: Thank you. Joseph Strange: Okay. Speaking in opposition, we have Cecile Tedesco. Cecile Tedesco: Good afternoon. Barry Knight: Welcome ma' am. Cecile Tedesco: I'm Cecile Tedesco. I represent the Charlestowne/Charlestowne Woods 'r-- _n .~._- . Item #16 Oxford Properties, L.L.C. Page 4 Civic League. While we agree with Lake James that a commercial use would not be viable for that area, we want to go on record as opposing the apartments. I can understand someone wanting to make the best use of their property, but we feel that single-family homes would be the way to go for that property if it does have to be developed. My husband was the gentleman that the traffic engineer was referring to. You state in your own report that the "roads are overstressed and over capacity". Believe me, where Charlestowne and Charlestowne Woods is, that is the truth. On Kempsville, it takes five lights to get through Kempsville Road and Indian River. In Centerville, our area of the world has been inundated with condos, apartments, new single-family housing. The roads are already overstressed. What we want to go on record, as we are opposed to the apartments. Not only because of the traffic jam it will create, you can't get off 1-64 at this point, at the Indian River exit without sitting 40 minutes on 1-64. It can be a boondoggle getting to or from your house. So. we want to go on record as opposing the apartments because of the traffic, and also because it will be more of an impact on services to the area. I just wanted to get that said. Thank you. Barry Knight: Thank you. Would you answer a question from Ms. Wood? Dorothy W ood: You mentioned single-family homes but I don't think that is what is going to happen. As you know, by right, they can put in a shopping center. =>:m Cecile Tedesco: I understand. We feel that if this is the feeling of the civic league, it should go on record that we do oppose the apartments. Dorothy Wood: Of course. But you would rather have the apartments than the shopping center? Is that correct? Cecile Tedesco: I would rather have nothing there. Let's not be realistic. So what we're saying is that rather than a shopping center or apartments, we would rather see single- family homes. Dorothy Wood: Thank you. Cecile Tedesco: Thank you. Barry Knight: Are there any other questions? Thank you ma'am. Cecile Tedesco: Thank you. Barry Knight: Are there any more speakers? Joseph Strange: There are no other speakers. Barry Knight: Ms. Crenshaw and Mr. Royal. You may rebut if you would like? +--- -- ---- -- .b--~ Item #16 Oxford Properties, L.L.C. Page 5 Randy R-6yal: Just briefly. Barry Knight: State your name again. Randy Royal: Randy Royal, Kimley-Hom & Associates. As Ms. Wood, it's not an appropriate parcel for single-family development in there. If it doesn't develop as a multi-family, it probably will as retail. Somebody will come in and develop it. Yes. It is on Indian River Road, but it is on Centerville Turnpike, and certainly it has a value. CBN doesn't want to see it developed that way. Quite frankly, they are the owners of the property, and they would like to see a nice residential development such as this. Thank you. Barry Knight: Thank you. Are there any questions of Mr. Royal? Thank you. I'll open it up for discussion. Mr. Bernas? = Jay Bernas: I live on the west side of the Indian River Interchange, and I agree. I'm glad I don't live on the east side because the traffic on the east side is pretty horrendous. Although, I agree that this is probably a downzoning, I have to echo the concern that the resident has that the traffic is pretty bad in this area. I do think the apartments are nice. I think it is probably definitely better than the retail operation, but I just wanted to echo her concerns since I live very close to this area, and I am very familiar with the traffic. I dread going around there during the morning or afternoon to try to get through Indian River going the other direction going east. So, I just wanted to echo her concerns. Barry Knight: Thank you Mr. Bernas. Ms. Wood. Dorothy Wood: I also understand that concern. I think we would all like to see property left in its natural state. But, unfortunately, that is not what usually happens. I think this is a very high quality development, and when the time is right, I'll be happy to make a motion for approval. Barry Knight: Thank you. Is there any other discussion? The Chair would entertain a motion. Dorothy Wood: So moved for approval. Barry Knight: There is a first on the floor by Dot Wood and a second by Mr. Henry Livas. Is there any other discussion? Mr. Ripley? Ronald Ripley: I'll be abstaining on this vote. CBN asked our company, which I have a third ownership interest, to make the proposal on this particular piece of property and we did. So, I've stayed out of any discussions with any Commissioners or any staff, or anything that deals with this property. So, I will be abstaining. I want that on record. 'r--.----.- -== n__ -- -T------.- - ;,- Item #16 Oxford Properties, L.L.c. Page 6 Barry KnIght: Thank you. Is there any other discussion? There is a motion on the floor by Dot Wood and a second by Henry Livas and Ron Ripley would like to abstain. I'll call for the question. AYE 7 NAYl ABSl ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY NAY KATSIAS ABSENT KNIGHT AYE LIVAS AYE RIPLEY ABS STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 7 -1, with the abstention so noted, the Board has approved the application of Oxford Properties, L.L.C. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6507 DATE: October 11, 2006 FROM: Leslie L. Lilley B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Oxford Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24,2006. I have reviewed the subject proffer agreement, dated June 1,2006 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/aIs Enclosure cc: Kathleen Hassen ,/ THE CHRISTIAN BROADCASTING NETWORK, INC., a Virginia corporation, and OXFORD- CENTERVlLLE, LLC, a Virginia limited liability company To . CITY OF VlRGOOA BEACH . a Municipal Corporation of the Commonwealth of Virginia TIDS PROFFER AGREEMENT ("Agreement'') made this 1st day of June, 2006, by and among THE CHRISTIAN BROADCASTING NETWORK, lNC., a Virginia corporation ("CBN", .and the "Owner"), OXFORD-CENTERVILLE, LLC, a Virginia limited liability company (the ''Developer'' and, collectively with CBN, the "Grantor"); and TIIE CITY OF vm.GINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). RECITALS: . A. CBN is the owner of a certain parcel'of property located in the City of Virginia Beach, herein known as Exhibit A and briefly described as Parcel C2 "RESUBDNISION OF PARCEL cn, "SUBDMSION #1 OF PART OF THE PROPERTY OF THE CHRISTIAN BROADCASTING NETWORK, INC. AND PROPERTY OF NEW LIGHT BAPTIST CHURCH (M.B. 263, P. 76-77.), VIRGINlABEACH, VIRGINIA, SCALE I" =.100'. JANUARY 6,1997", wmch said plat is dilly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia in Map Book 263, at pages 76 and 77 (the "Property"). B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from B-2 to Conditional A-24 Apartments. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). PREP ARED BY~ ANN K. CRENSHAW, ATTORNEY AT LAW GPIN NO.1455-9983-72-0000 C. Grantee's policy is to provide for the orderly development of land for various pwposes, including commercial purposes, through zoning and other land development legislation. D. Grantor acknowledges that in order. to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned A-24 Apartments as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. E. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordinance for the A-24 Apartment zoning district, reasonable conditions outIinedin this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned A-24 Apartment and are needed as a result of the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map_ These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, TIIEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid ID:Q quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 2 1. The Property shall be used for the purposes and uses pennitted in the A-24 Apartment District. 2. Grantor shall install a contiguous landscape buffer on Centerville Turnpike as approved by the Planning Director, as more particularly set forth on the plat drawn by corcoran/ota "OXFORD APARTMENTS AT REGENf UNIVERSITY" dated June 1,2006. The buffer shall be composed of plant materials as shown on the attached Exhibit B. 3. In order to provide for the coordinated development of the Property, the Property shall be developed m substantial conformity with that certain plan entitled "SITE PLAN, OXFORD APARTMENTS AT REGENT UNIVERSITY" dated June 1,2006 prepared by corcoran/ota (the "Site Plan''), a copy of which is on file with the City of Virginia Beach, Deparlment of Planning, with regard to layout, ingress and egress, and landscaping. 4. The exterior of the typical apartment building shown upon the Site Plan shall be substantially similar in appearance to the color coordinated rendering exlnbits prepared by corcoran/ota, dated June 1,2006 said exhibits being the same exhibit as the color coordinated exhibits submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia and being composed of the same building materials and elevations as reflected upon the said elevation exhibit on file in the Planning Department of the City of Virginia Beach, Virginia (the "Apartment Building Rendering"). The building materials for the dwelling units will be brick and cementuous siding materials (such as Hardi-plank). The maintenance structure will be made of the same materials, be one story tall, and have an open bay carwash attached. 5. The exterior of the Clubhouse and typical garages shown upon the Site Plan prepared by corcoran/ota, dated June 1, 2006 and shall be substantially similar in appearance to the color coordinated rendering exhibits prepared by corcoran/ota, said exhibits being the same exhibits as the color coordinated exhibits dated June 1, 2006 submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia and being composed of the same building materials and elevations as reflected upon the color coordinated rendering exhibits which depict the renderings of the Clubhouse and 3 . a Typical Garage which are on file in the Planning Department of the City of Virginia Beach, Virginia (the "Clubhouse and Garage Rendering"). Building materials for the clubhouse will be brick and cementuous siding materials (such as Hardi.;.plank). The typical garage will be made of the same materials. 6. The Grantor agrees to provide access management improvements along Centerville Turnpike in accordance with the Site Plan dated June 1,2006 or as may be determined by Public Works Director or designee. The Grantor agrees that such improvements shall be reflected on the final site plan as required by the Public Works Director or designee. The Grantor further agrees that. these improvements shall include, without limitation, the following: a) Centerville Turnpike entrance and drive aisle shall be designed and constructed as approved by Public Works Director or designee to serve this development; said entrance and drive aisle shall be constructed prior to the issuance of a certificate of occupancy. b) A left tmn lane and a right turn lane into the site shall be designed and constructed as dictated by Public Works requirement for Centerville Turnpike; said, turn lane improvements shall be constructed prior to the issuance of a certificate of occupancy. c) Right-of-way dedication at the Indian River Road and Centerville Turnpike intersection as deemed appropriate by Public Works Director or designee, and right-of-way improvement requirements as approved by Public Works Director or designee (i.e. left . turn lane and right turn lane construction); said right-of-way dedication shall be recorded prior to final site plan approval. Any other physical improvements necessary as a direct result of this rezoning and as may be required by the Public Works Department shall be constructed prior to the issuance ofa certificate of occupancy. The Grantor agrees that the location of any entrance shown on the preliminary site plan may be modified as long as the appropriate entrance spacing is maintained, as determined by the Public Works Director or designee. 7. A Signal Warrant Analysis of the site access driveway intersection with Centerville Turnpike shall be conducted. a. Should the Signal Warrant Analysis determine the need for a traffic signal, the Grantor agrees unconditionally to deposit its pro-rata share of the cost of construction and installation of the traffic signal prior to the issuance of a certificate of occupancy. 4 b. In addition, the Grantor shall post a bond in an amount sufficient to cover the cost of the construction and installation of the traffic signal. 8. Grantor will dedicate a right-of~way to provide a one hundred thirty (130) foot right-of-. way for Centerville Turnpike and a one hundred fifty (150) foot right-of-way for Indian River Road. Grantor Will provide sufficient right of way dedications as may be required by the Grantee and as may be conditioned to the approval of a fmal site plan. 9. A Photometric Plan will be prepared and submitted during the :final site plan review process. 10. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final site plan approval. 11. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 12. 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 specified in this. Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the governing body for the review thereof prior to 5 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 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 Comt of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: C ! TING NETWORK, INC. i By: Its: C .[..0 '"4 STATE OFj!milli'kch CITY OF .'11 ~ . to-wit: . I, J.~. fblllK1i~ thx pnqersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that t1.~.f(I/OP1''t9JI/ . whose name is signed to the foregoing instrument as fJ;O of The Christian Broadcasting network, Inc., a Virginia corporation, ~ SWOTIfnJr' subscribed, lWd .acknowledged the same before me in my City and State aforesaid this 1'1 '/ day of dettellJ/}er . 2006 on behalf of said corporation. The said H. & .N*fI'/srj) is p~onally known to nre. ~t/l)jJL Notary Pu: lie My commission expires: Nail 31) JrJ)f { OXFORD-CENTERVll..LE, LLC, a Virginia limited liability company \..; ; ~. /~ ,~ ~ .r' ". ." ,/ / By: . ...; ~ '. dz~q1~j Its: Manager \/J'1)OJ\'\'re..-\ 'FfA.v...l ~yh-It-.. STATEOF C~~~ CITY OF A-h~ fT , to-wit: 6 I, C.l'\n~e. 'B . ~(.l d.~ e.S . the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that b.).~l..l ~'s~hose name is signed to the foregoing instrument as Manager of Oxford-Centerville, LLC, a Virginia limited liability company, has sworn to, subscribed, and acknowledged the same before me in. my City and State aforesaid this I ~ day .of ~ 2006 on behalf of said limited liability company. The said W ~1ca...1 is persoDa1fiylCn.ownto me. . ~v..I J:; J"1t . My commission expires: 7 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, together with the . improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as ''PARCEL. C2", on that certain plat entitled ''RESUBDIVISION OF PARCEL C SUBDIVISION #1 OF PART OF PROPERTY OF THE CHRISTIAN BROADCASTING NETWORK, INC. AND PROPERTY OF NEW LIGHT BAPTIST CHURCH (M.B. 2p7, pps. 86-89) (M.B. 37, p. 38) ", dated January 6, 1997, prepared by Kellam-Gerwitz Engineering, Inc. and recorded in the Clerk's Office ("Clerk's Office'') of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 263, at pages 76 and 77. 8 EXHIBIT B PLANT MATERIAL DECIDUOUS TREES Ace, Da/matum 'Oshio beni' Red Press Jaoanese Maple Ace, pa/matum 'Shaina' Ace, Da/matum 'Viridis' Green Dissectum Ace'Da/matum dissectum 'Red Draoon' Red Dissectum Maole Ace, robrom 'October Glorv' October Glorv Red Maole Ace, saccharum 'Steeple' Caroinus betu/us 'Fastiaiata' Eu. Pvramidal Hornbeam Cereis canadensis 'Forest Pansev' Eastern Redbud Cereis canadensis ~i1ver Cloud' Variegated Redbud Camus kousa 'Milkvwav' Milkvwav Doawood Laaerstroemia x 'Natchez' Crace Mvrtle Laaerstroemia x 'Potomac' Crace Mvrtle Maanofia virginiana Sweetbav Maanolia Metaseauoia glyptostroboldes Dawn Redwood Prunus x 'Okame' Okame Cherry Prunux x vedoensis Yoshino Cherry Pvrus cal/eryana Select Cleve Quercus Dhe//os Willow Oak Ulmus parvifo/ia 'Bosque' True Chinese Elm Ze/kova serrafa 'Musashino' EVERGREEN TREES 6'+ Cedrus at/antica 'Fastigiata' Uoriaht Atlas Cedar Cedrus deodora Chamaecyparis obtusa 'Crippsii; Hinoki False Cvoress Cryptome,ia japonica 'Yoshino' Jaoanese Cedar CUDressus glabra 'Blue Ice' Columnar Blue Cvoress Ilex vomitoria 'Pendula' Weeping Yauoon /lex x 'Nellis R. Stevens' Nellie R. Hollv Juniperus chinensis 'Hetzii Columnaris' Maano/ia grandiflora 'Bracken's Brown Beautv' Bracken's Brown Beauty Magnolia arandiflora 'Little Gem' Little Gem Maanolia Pinus teada Loblolly Pine Thuia occidenta/is 'Pvramidalis' Eastern Arborvitae 8208562\] 4 9 City of Virginia Beach 2003 Comprehensive Plan . Proposed Change -Page 31 Copy available at: (http://www.vbgov.com/dept/planninglvgn ~files/policy _ ch1.pdf) "A condition of blight is not satisfac"f;ory for any of the parties concerned. It is contrary to all of the strategic initiatives we hav~identified, and diminishes the ability of both the city and the residents and property owners to meet their respective goals. In most cases the best way to deal with this condition is..redevelopment--the removal of the existing uses and structures and the replacement of them with better uses and better structures. In some cases this can be accomplished by the private sector alone, as in the case of the redevelopment of the Princes} AI;me Plaza Shopping Center. While th~ preexisting condition was not one\ofblight, there can be no argument that the new development is much healthier from a community, retail, and tax basepoint of view. In other cases the intervention of the city ~may be necessary, possibly with enhanced and enforced ordnances and land use policies. probably in the-fef'm of a rcdcvclopmem-authority, ~ voter approval, '..vith the right of oondemnation consistent '.vith all other oity objectives, including the fair andcqu.a\.~teatment of property owners and residents. \Vhile this conccpt has yet to find fuvef-witfl-ettf'-\foters, the need for it can be made olear with two points. There are two lrhportant points to consider. First, the negative influence of blight on our residents, our taX base, our economic development initiatives, and our entire community well-being cannot be stated strongly enough. Second, the number of housing units over the age of thirty years will increase from about 17,000 in 1990 to about 130,000 in 2020. It is inconceivable to think that all of them can attain that age in a condition acceptable to us. Virginia Beach is not alone in facing this phenomenon,-,....ffitt we arc virtually alone in lacking the necessary tools to deal 'with it. " \ \ D.A. "AL" ABLOWICH 4176 CHARITY NECK ROAD VIRGINIA BEACH, VA 23457 October 5, 2006 The Honorable Reba S. McClanan 3224 Burnt Mill Road Virginia Beach, VA 23452 Dear Reba, This letter pertains to one of the agenda items for the October 10 City Council meeting. The Planning commission has forwarded to you a proposed change to the Comprehensive Plan that deletes language relative to a redevelopment and housing authority. This proposed change is pursuant to the City Council's direction provided by a resolution approved at the June 21, 2006 City Council meeting. The Council's resolution directed the Planning Commission to propose a change to the Comprehensive Plan that removes the city's policy advocating the activation of a redevelopment and housing authority from the Comprehensive Plan. The Council's action was taken as a result of the May 2, 2006 election, at which time a referendum question to activate the Redevelopment and Housing Authority in Virginia Beach was defeated. You will be the :final arbitrator in determining if the change proposed by the Planning Commission complies with.the letter and spirit of the resolution that the Council passed in June. Before you vote on the proposed change, I ask that you review the paragraph on page 31 of the Comprehensive Plan titled "A city that is free of blight". Although I believe the Planning Commission has made a good attempt to comply with Council's direction, they did not address the paragraph on page 31. This paragraph clearly states that the City needs a redevelopment and housing authority to intervene to correct blight. Attached is the paragraph with a suggested change for your consideration. I appreciate the action that you have taken to cause the removal of the redevelopment and housing authority language from the Comprehensive Plan. I believe that the general public will recognize that your a'Ytion to remove this as a public policy issue is a favorable response to the ballots t~t 1~y cast. Thank you for your assist(ij)Ce and yow attention to this very nnportant issue. :,'0-/ SinceI;ely yours, , ., \. Copy to: City Manager 'Chairman, Planning Commission Telephone (757) 721-3a5:'t E-m~@mindspring.com - 47- Item V. J. 11. PLANNING ITEM # 55697 Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589, represented the Virginia Beach Taxpayer's Alliance, and expressed appreciation for the Ordinance. Mr. Greenmun requested City Council review all sections, particularly Chapter 10 of the Comprehensive Plan and the Neighborhood Revitalization Plan, to assure all areas re Redevelopment and Housing Authority have been removed. D. A. "AI" Ablowich, 4176 Charity Neck Road, Phone: 721-3052, distributed correspondence reflecting a suggested change to Page 31 of the Comprehensive Plan. The Planning Commission did not address this paragraph, which clearly states the City needs a Redevelopment and Housing Authority as an intervention to correct blight. Said statement is hereby made a part of the record. A MOTION was made by Council Lady McClanan, seconded by Councilman Dyer to ADOPT, AS AMENDED*: Ordinance to AMEND the Comprehensive Plan by DELETING references to the establishment of a Redevelopment and Housing Authority *page 31 - Comprehensive Plan SAID MOTION was WITHDRAWN. Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council DEFERRED to the City Council Session of October 24, 2006. Ordinance to AMEND the Comprehensive Plan by DELETING references to the establishment of a Redevelopment and Housing Authority The City Attorney shall work with Mr. Ablowich concerning removing those provisions advocating a Redevelopment and Housing Authority. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E, Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 10,2006 'a~ 'I< !<: '1t'l.. '~,,'W~~ ~"~"""""."""I'~1 :. .:;--,-,... .. . I: .~ ' ... ~ 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 (referred by the City Council on June 27, 2006). MEETING DATE: October 24,2006 . Background: An Ordinance amending the Comprehensive Plan by deleting references for the establishment of a redevelopment and housing authority (referred by the City Council on June 27, 2006). The City Council deferred this matter on October 10, 2006 to allow time for a modification to the Planning Commission recommended amendment to include revised language relevant to this issue as presented on page 31 of the Comprehensive Plan. The modified amendment is attached. . 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." 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 also notes that there should be continued dialogue and education on this topic. CITY OF VIRGINIA BEACH - COMPREHENSIVE PLAN AMENDMENT 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:O )L ~ AiV' Exhibit A-I City Council Revision to 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 31 A condition of blight is not satisfactory for any of the parties concerned. It is contrary to all of the strategic initiatives we have identified, and diminishes the ability of both the city and the residents and property owners to meet their respective goals. In most cases the best way to deal with this condition is redevelopment--the removal of the existing uses and structures and the replacement ofthem with better uses and better structures. In some cases this can be accomplished by the private sector alone, as in the case of the redevelopment of the Princess Anne Plaza Shopping Center. While the preexisting condition was not one of blight, there can be no argument that the new development is much healthier from a community, retail, and tax base point of view. In other cases the intervention of the city will may be necessary, possibly with enhanced and enforced ordinances and land use policies. probably in the form of a redeyelepment a1:lthority, ','lith voter appro'ral, wifu the right of eondemnatiefl eonsisteflt with all other city objeetiyes, inell:lding fue fair and equal treatment of property o':mers 8fld residents. \Vhile this concept has yet to find fa'/or with om voters, the need for it can be made cIeffi" wifu two points. There are two important points to consider. First, the negative influence of blight on our residents, our tax base, our economic development initiatives, and our entire community well-being cannot be stated strongly enough. Second, the number of housing units over the age ofthirty years will increase from about 17,000 in 1990 to about 130,000 in 2020. It is inconceivable to think that all ofthem can attain that age in a condition acceptable to us. Virginia Beach is not alone in facing this phenomenon, but we are virtually alone in lacking necessary tools to deal with it. 1 Page 43 In addition to these financing tools, there is an additional tool that can be made available. This is ail. aggressive residential and retail conservation program coupled with a strategic revitalization / 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. Howe"ler, 'lIithout the passage of a r-erorendl:1m we lack the legal authority to create this yal-l:1able 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 ofVinrinia 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 willl'roceed 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 pro'/ides legislatioR that enables localities to combat such conditions, amOl'lg them. incl1:ldes authorization to establish a redevelopment and hOl:lsing authority, contingent OR passage of a referendum demonstrating public s:apport. This tool, while not clHTently available, should be acquired as it could serve a vital role in protecting the q1:lality and yalue of Ol:l:f physical environment. 2 Page 247 Policy H-2-3 In accordance with a public education process and proceemres om1in.ed by state law, aetively p1:lfffi:le the goal of establisfti.Bg a redevelopment aBd nOl:lsmg authority. Actively pursue the goal of establishing a comrnunitv 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 Housing }..l:ltherity Purpose: Develop an effective public dialogue education program focusing on the purpose and need for a issue of redevelopment and hOl:lsiHg al:lthority in Virginia Beaeft 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 satisfaetion sf elH' citizens and to engage the citizens in discussing them with one another. 3 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 "Plann) 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-l 31 September 29, 2006 32 33 Approved as to Content: 34 35 36 37 iency: 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 I tern 12 Pq.g~1 Exhibit A-1 Planning Commission Recommendation Comprehensive Plan Amendment Pertaining to Removal of Recommendations to Establish a Redevelopment and Housing Authority VIRGINIA BEACH COMPREHENSNE 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 / redevelopment Rolicy. 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 of tools 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'.vever, without the passage of a refcrendmn ';/e lack the legal authority to create this yaluable asset. Virginia Beach is one ofthe 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 authoritv. there can be none. In a referendum on November 5. 1996. the voters ofVinrinia 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 ofthe 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 authoritv for the foreseeable future. However. should circumstances in the citv 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 thev 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 eode proviaes legislation that enables 10ealities to eombat sueh eonditions, among them includes authorization to establish a r'0development and housing authority, contingent OR passage of a r'0ferendum demonstratin.g public S1:lpport. 'Th:is tool, vAlile :Rotel:UTeRtly a'/ailable, should be aeqaired as it e01:l1d serve a vital role iR protecting the t:J.1:lality and value of 01:11 physical envimmn.ent. Page 247 Policy H-2-3 In aeeordanee v/ith a publie ed1:leation process and proeedUi'es omlined by state lav/, acti'/ely pursue the goal of establishing a redevelopment 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 Housing :\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 0Ui' 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 regevelopment 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 of the 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. Ifthere are any questions, Tom and I are here to help address those. Barry Knight: Thank you Mr. Scott. Are there any questions of Mr. Scott at this time? Okay. Mr. Strange? Joseph Strange: Okay. Speaking in opposition we have Al Alablowich. Barry Knight: Welcome AI. Al Alablowich: Good afternoon Mr. Chairman and members of the Planning Commission. My name is Al AJablowich. I'm a resident of the 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 of the City but defers other action on obtaining these tools to the foreseeable future. Whatever that is. Should the circumstances ofthe 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 ofMr. 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 20~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 Knjght: 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 Alabl9wich: 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 ~gree 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? 1'11 cal 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 of9-0, 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 B-IKEW A YS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: October 10,2006 D E C E L S I J C R U A W T E N L N N I 0 H PAGE: I E Z D L A D U L W N R P E Y E N 0 E S 0 AGENDA L E E A R I V 0 0 ITEM # SUBJECf MOTION VOTE H R Y N F N S N A D I BRIEFINGS: A. A TIY GEN (GRIP) RESCHEDULED Deputy Police Chief James Cervera Robert Kipper, Director, GRIP B. ENERGYIFUELas BUDGET DRIVERS Charlie Meyer, Chief Operating Officer WllII IVN/ IV/ V-E CERTIFICATION OF CLOSED SESSION CERTIFIED ll-O Y Y Y Y Y Y Y Y Y Y Y F-I MINUTES - October 3, 2006 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B S T A I N E D GIH! Resolution re issuance by Develop Aty (VBDA) ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y I-I Reve Bonds of$9,100,OOO fa- London Bridge CONSENT Holding, LLC, at London Bridge RoadlPrecision Drive [DISTRICT 6 - BEACH] 2a Ordinances to AUTHORIZE encroachments ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y into City property: CONSENT a. DEREKEJALWYNEJ. RICHARDSON re a pierlbulkhead into Lake Joyce at 4513 Powells Point Road [DISTRICT 4 - BA YSIDE] 2b Ordinances to AUTHORIZE encroachments ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y into City property: CONSENT b. BIRDNECK POINT COMMUNITY LEAGUE, INC.. re signs/decorative masonry/iron fencelbrick columns/concrete paverslborderslbrick paverslborderslflag polellandscapingllighting and irrigation system at Cardinalll.askin Roads [DISTRICT 5 - L YNNHA YEN] CITY OF VIRGINIA BEACH SUMMARY OF COUNCILACFIONS V D 0 I E H M B L DATE: October 10, 2006 D E C E L S I J C R U A W T E N L N N I 0 H PAGE: 2 E Z D L A D U L W E Y N N 0 R E S P E 0 AGENDA L E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H R Y N F A N S N D 2c Ordinances to AUTHORIZE encroachments ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y into City property: CONSENT c. DUNES INVESTMENT ASSOCIATES, LLC, re paver waIkwaysJlandscapingl inigation system/lightinglelectrical conduits on the Boardwalk at 10tb Street! Atlantic Boulevard [DISTRICT 6 - BEACH] . 3 Ordinance to ACCEPT/APPROPRIATE Grant ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of $197,446 fran US Dept of Justice to Police CONSENT re Community Oriented Policing Services [COPS) J-I DR. ALAN MAHANES COZ from AG-2 to APPROVED, AS 8-3 Y Y Y N Y N N Y Y Y Y Conditional 0-1 with Historical/Cultural PROFFERED Overlay at 2513 Na1h Landing Road re a dental office/additional space for lease [DISTRICT 7 - PRINCESS ANNE] 2 LAGO MAR ASSOC COZ from B-1 to DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional R-1S at 801 Artesia Way re single- OCTOBER 24, family dwellings 2006 [DISTRICT 7 - PRINCESS ANNE] 3a SALEM ROAD ASSOC (V A-CAR DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOP, L.L.C.), at SalemlNorth Landstown OCTOBER 24, Roads: 2006 (PRINCESS ANNE - DISTRICT 7) a. Variance to ~4.4(b) that all lots meet CZO/subdivide property into single-family lots/open space b SALEM ROAD ASSOC (VA-CAR DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOP, L.L.C.), at SalemlNorth Landstown OCTOBER 24, Roads: 2006 (PRINCESS ANNE - DISTRICT 7) b. C02 from AG-l and AG-2 to Conditional R-I0 4 LONDON BRIDGE SELF STORAGE, L.L.C. MODIFIED/AS 9-2 Y Y Y N Y N Y Y Y Y Y Modification of Proffer No.3 re f~ade at 2120 PROFFERED London Bridge Road (Conditional COZ approved on February 22, 2005) [DISTRICT 7 - PRINCESS ANNE] 5 T-MOBILE NORTHEAST, L.L.C. CUP re APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y commun tower with shopping center at 5193 Shore CONDITIONED, Drive [DISTRICT 4 - BA YSIDE] BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: October 10,2006 D E C E L S I J C R U A W T E N L N N I 0 H PAGE: 3 E Z D L A D U L W N R P E Y E N 0 E S 0 AGENDA L E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H R Y N F A N S N D 6 7-ELEVEN, INC. for CUP re fuel with a APPROVED AS 10-1 Y Y Y Y Y N Y Y Y Y Y renovated convenience store at 2105 Salem Road. CONDmONED near Elbow Road [DISTRICT I - CENTERVll.LE] 7 TOWN CENTER ASSOCIATES 6, L.L.C. APPROVED AS 10-1 Y Y Y Y Y N Y Y Y Y Y CUP re loft-style multi-family dwellings on Block CONDmONED 6 at Market/Bank Streets - [DISTRICT 5 - L YNNHA YEN] 8 REV. JAMES C. GRIFFIN/STIMARK APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y CATHOLIC CHURCH CUP re columbarium CONDmONED, at 1505 Kempsville Road BY CONSENT [DISTRICT 1 - CENTERVll.LE] 9 CITY PARKSIRECREATION CUP re APPROVED AS 10-1 Y Y Y Y Y N Y Y Y Y Y monopole to light adjoining athletic fields/wireless CONDmONED, communication equipment at First Colonial BY CONSENT Road/Collection Creek Way [DISTRICT 5 - L YNNHA YEN] 10 Resolution DIRECTING Planning Commission ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to study/regulating bars/nightclubs; CONSENT TRANSMI1TING recommended amendments to Council by Nov 8, 2006 Commission meeting re:' Ordinance to AMEND CZO to DEFINE "Alcoholic Beverage"/ "Bar"/''Nightclub''IREQUIRE CUPIESTABLISH regulations in H- I IB- IIB-2/B-3IB-3NB-4IB-4CIB-4K/I- 111-21 RT-I/RT-2/RT-3 Zoning Districts 11 Ordinance to AMEND Comprehensive Plan DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y DELETING Redevelopment and Housing OCTOBER 24, Authorityf'redevelopment" in general 2006 K APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BEACHES AND WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMnTEE-PPEA CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: October 10,2006 D E C E L S I J C R U A W T E N L N N I 0 H PAGE: 4 E Z D L A D U L W E Y N N 0 R E S P E 0 AGENDA L E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H R Y N F A N S N D K BUllDING CODE OF APPEALS - New APPOINTED: 11-0 Y Y Y Y Y Y Y Y y y y Construction Richard C. Hudson, ill Term: Unexpired 1hru 12/31/2006 UM/ ADJOURNMENT 7:57 P.M. N -