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AUGUST 14, 2007 AGENDACITY COUNCIL MA yoR mEyERA E OBE&VDORF. At -Large VICE MAYOR LOUIS R. JONES, Bayside- 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. MCCLAXAN, 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 OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITYATTORNEY- LESLIEL. LILLEY CITY CLERK - RUTH HODGES FRASER, MWC 14 AUGUST 2007 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. TELECOMMUNICATIONS FACILITIES LICENSE AGREEMENTfor Gwen Cowart, Director — Department of Communication and Ink B. WORKFORCE HOUSING Andrew Friedman, Director — Department of Housing and N William Macali, Deputy City Attorney C. 2008 COMMUNITY LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE BEACH, VIRGINIA 2M6-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com 1:00 PM G i Technology Preservation V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Michael "Ron" Sorrell Grace Covenant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXIV and HIS COURT Nancy A. Creech -President, Neptune Festival July 17, 2007 1. PUBLIC COMMENT I HEALTH CARE BENEFIT EXECUTIVE COMMITTEE RECOMMENDATIONS FOR PLAN YEAR 2008 James K. Spore, City Manager J. CONSENT AGENDA K. RESOLUTION/ORDINANCES Resolution ACCEPTING the Articles of Incorporation of the H ton Roads H20 (Help to Others) Program as a 501(c)(3) nonprofit corporation and APPOINT Thomas M. Leahy, III, as aDirector. 2. Ordinance to AUTHORIZE execution of a one-year lease with Ti ewater Regional Group Home Commission (TRGHC) of City -owned land at 2293 Lynnhaven Parkway DISTRICT I — CENTERVILLE 3. Ordinance to AUTHORIZE acquisition of 7.317 acres of land at e northeast comer of the intersection of Great Neck Road and Wolfsnare Road for $300,DOO from GOPA SIX, L.L.C. re the Open Space program. 4. Ordinance to AUTHORIZE a refund of $40,000 to the Christian Broadcasting Network, Inc. (CBN) for a payment erroneously made to the City re a right-of-way vacation. 5. Ordinance to APPROPRIATE $1,450,000 from the Risk Manage ent Internal Service Fund to pay SPSA for non-recoverable improvement costs and AUTHORIZE the City Manager to execute all necessary agreements for closure of the SPSA composting operation at the Virginia Beach landfill. PLANNING Application of JOSEPH and FAYE MATYIKO for the expansion of a Nonconforming Use at 3257 Shady Pines Lane to construct an addition to an existing duplex. DISTRICT 7 — PRINCESS ANNE. RECOMMENDATION DEFERTO GUST28,2007 2. Application of BARNETT K. THOUROGOOD for the expansion of aYonconLorming Use at 121 Butts Lane to make needed improvements to an existirg structure and adding two storage units. DISTRICT 6 — BEACH RECOMMENDATION � APPROVAL Variance to §4.4(b) of the Subdivision Ordinance that requires newly created lots meet all the requirements of the City Zoning Ordinance (CZO) in regard to certain elements of the Subdivision Ordinance, Subdivision for PYONG TU CHO, at 12,12 North Inlyrinview Road to subdivide the existing lot into two lots and develop the new lot with a single family dwelling. (deferred by City Council on January 9, 2007) DISTRICT 5 — LYNNHAVEN. RECOMMENDATION � DENIAL 4. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES for a Conditional Use Permit re a church and child care education center (private school) at 544 Newtown Road, Suite 136. DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 5. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit re motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard (referred back to the Planning Commission on April 24, 2007). DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of HENRY C. SCOTT for a Conditional Use Permit re a recreational facility of an outdoor nature (skateboard ramp) at 2425 Melstone Court DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of RICHARD F. ROBERTSON for a Change ofZoning District Classification from B-2 Community Business District to R-20 Residential District at 5536 and 5544 Parliament Drive to make the zoning of the properties consistent with the existing residential use. DISTRICT 2 — KEMPSVILLE RECOMMENDATION 0 a a 0".3 1 8. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change ofZoning District Classification from R-51) Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 — BEACH RECOMMENDATION DEFER TO SEPTEMBER 11, 2007 9. Application of AGC ACQUISITION, L.L.C. for a Change ofZoning District Classification from AG -2 Agricultural District to Conditional B-4 Mixed Use District at 1291 Nimmo Parkway to develop a strip retail center and multi -family dwellings (indefinitely deferred by City Council on July 10, 2007). DISTRICT 7 — PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL M. N N r., 10. Application of SOUTH HAMPTON ROADS HABITAT FOR I a Chanze of Zoninjz District Classification from R-7.5 Residential Conditional A-12 Apartment District on the east side of Zurich A the construction of a ten (10) unit residential condominium. DISTRICT 3 — ROSE HALL RECOMMENDATION , INC. for to south of 1-264 re DEFERRAL 11. Application of PRINCESS ANNE COUNTRY CLUB, INC. for Modification of Conditions placed upon a change in a Nonconforming Use (approved by City Council on March 12, 199 1) at 3 800 Pacific Avenue for a request to allow three of the outdoor tennis courts to be enclosed with an air -supported structure on a seasonal basis December I through March 31. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 12. An Ordinance to AMEND Section 200 of the City Zoning Ordin ce (CZO) establishing minimum setbacks from certain bodies of water forsingle family and duplex dwellings. RECOMMENDATION � APPROVAL APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATI UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items CITY COUNCIL SCHEDULE August 21 Briefings, Informal, Formal August 28 Briefings, Informal, Formal, including Planning items CITYWIDE TOWN MEETINGS October 16,2007 Location to be Announced - 7:15 pm FY2008-2010 Budget January 15, 2008 Location to be Announced — 7:15 pm Stormwater Plans and Funding If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 8/14/07gw www.vbgov.com 11 CITY MANAGER'S BRIEFINGS - Conference Room - A. TELECOMMUNICATIONS FACILITIES LICENSE AGREEMENTfor Gwen Cowart, Director — Department of Communication and Ink B. WORKFORCE HOUSING Andrew Friedman, Director — Department of Housing and William Macali, Deputy City Attorney C. 2008 COMMUNITY LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA 1:00 PM G i Technology Preservation V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION ROLL CALL DATE: August 14,2007 PRESENT PRESENT PRESENT BERNI MAYOR MEYERA E. rOBERNDORF, FDeSTEPH, WILLIAM R. "Bill" I DIEZEL, HARRY E. DYER, ROBERT M. "Bob" HENLEY, BARBARA M. JONES, VICE MAYOR LOUIS R. McCLANAN, REBA S. UHRIN, JOHN E. VILLANUEVA, RON A. WILSON, ROSEMARY WOOD, JAMES L. VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Michael "Ron" Sorrell Grace Covenant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED ST�TES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION July 17, 2007 46 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 i as were identified in the motion convening this Closed Session were heard, discussed or I considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXIV and HIS COURT Nancy A. Creech -President, Neptune Festival PUBLIC COMMENT HEALTH CARE BENEFIT EXECUTIVE COMMITTEE REC04MENDATIONS FOR PLAN YEAR 2008 Jarnes K. Spore, City Manager J. CONSENT AGENDA K. RESOLUTION/ORDINANCES Resolution ACCEPTING the Articles of Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501(c)(3) nonprofit corporation and APPOINT Thomas M. Leahy, III, as a Director. 2. Ordinance to AUTHORIZE execution of a one-year lease with Ti�lewater Regional Group Home Commission (TRGHC) of City -owned land at 2293 Lynnhaven Parkway DISTRICT I — CENTERVILLE 3. Ordinance to AUTHORIZE acquisition of 7.317 acres of land at the northeast comer of the intersection of Great Neck Road and Wolfsnare Road for $300,000 from GOPA SIX, L.L.C. re the Open Space program. 4. Ordinance to AUTHORIZE a refimd of $40,000 to the Christian roadcasting Network, Inc. (CBN) for a payment erroneously made to the City re a right- f -way vacation. 5. Ordinance to APPROPRIATE $1,450,000 from the Risk Management Internal Service Fund to pay SPSA for non-recoverable improvement costs and AUTHORIZE the City Manager to execute all necessary agreements for closure of the SPSA composting operation at the Virginia Beach landfill. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the Articles of Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501 (c) (3) Nonprofit Corporation and Appointing Thomas M. Leahy, III a Director Thereof MEETING DATE: August 14, 2007 1 9 Background: The Hampton Roads H20 (Help To Others) Progra is a program similar to Dominion Power's Energy Share, in that voluntary contributions are used to assist certain customers who are struggling to pay delinquent water and sanitary sewer bills. The program was initially approved by the HRPDC and the member localities in 1998. At its Quarterly Commission Meeting on January 17, 2007, the H, mpton Roads Planning District Commission accepted the recommendation of the Direc ors of Utilities Committee to incorporate the Program as a 501 (c)(3) nonprofit corporatio 0 Considerations: Although the program has been successful, the Directors of Utilities Committee believe that donations would be increased and that, the Program would be able to assist more citizens if it were incorporated as a nonprofit prporation and donations were tax deductible. The Articles of Incorporation and Bylaws provide for membership by the fourteen member localities and the Towns of Smithfiel and Windsor that have been participating in the program. They can be amended if a nonparticipating locality elects to join at a later date. The Hampton Roads Sanitation District, as the administrative agent, would also be a member. The Articles of Incorporation are structured so that the Director of Utilities or equivalent from each of the localities and the General Manager of HRSD will serve as the Directors of the Corporation. The Resolution names Thomas M. Leahy, 11 1 as a director. 0 Public Information: This agenda item was advertised as part of the normal agenda process. 0 Alternatives: If the City does not approve the Articles of Incorpo have to withdraw as a participating jurisdiction, or the incorporation could without the assent of all of the members. 0 Recommendations: Approve the Articles of Incorporation. 0 Attachments: Resolution, Summary of Material Terms of P Incorporation and Program Summary Recommended Action: Adoption of resolution Submitting Department/Agency: Public Utilities City Managc� [4, , N 012- ,ation, it would not go forward Articles of 1 A RESOLUTION APPROVING THE ARTICLES OF 2 INCORPORATION OF THE HAMPTON ROADS H20 3 (HELP TO OTHERS) PROGRAM AS A 501 (c) (3) 4 NONPROFIT CORPORATION AND APPOINTING 5 THOMAS M. LEAHY, III A DIRECTOR THEREOF 6 7 8 WHEREAS, the Hampton Roads H20 (Help to Others) Program (the "Program") 9 was established as a pilot program through the Hampton Roads Planning District 10 Commission in 1997; and 11 12 WHEREAS, the City of Virginia Beach has participated in the Program since its 13 inception; and 14 15 WHEREAS, the Program provides financial assistance to families in danger of 16 losing water or sewer service due to an inability to pay their bill because of a family 17 crisis, such as a death, illness or loss of employment; and 18 19 WHEREAS, funding to support the financial assistance furnished through the 20 Program is provided by voluntary donations from citizens throughout the Hampton 21 Roads Region; and 22 23 WHEREAS, it is likely that donations to the Program would increase 'if the 24 donations were tax deductible, allowing for increased assistance to Hampton Roads 25 residents-, and 26 27 WHEREAS, donations to the program are used entirely to provide assistance to 28 residents and are not used for program administration; and 29 30 WHEREAS, all program administration costs are borne by the participating local 31 government utilities, Hampton Roads Sanitation District and social services providers-, 32 and 33 34 WHEREAS, incorporation of the Program as a 501(c)(3) nonprofit corporation is 35 necessary to ensure that donations to the program are tax deductible-, and 36 37 WHEREAS, the Hampton Roads Planning District Commission ("HRPDC") has 38 accepted the recommendation of its Directors of Utilities Committee to incorporate the 39 Program as a 501 (c)(3) nonprofit corporation 40 41 WHEREAS, the City Council commends the efforts of the Program and desires 42 that it continue to provide the valuable service it offers; and 43 44 WHEREAS, each member of the proposed nonprofit corporatior� is entitled to 45 appoint one director to the Board of Directors; 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby approves the proposed Articles of Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501 (c) (3) nonprofit corporation. A summary of such Articles is attached hereto and a copy is on file in the City Clerk's Office. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:, and That Thomas M. Leahy, III is hereby appointed a director of the Program. Adopted by the City Council of the City of Virginia Beach on the day of 2007. APPROVED AS TO CONTENT Department of Public Utilities CA1 0463 R-1 July 26, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Hampton Roads H20 (Help to Others) Program Articles of Incorporation Summary of Material Terms Background: Hampton Roads H20 (Help to Others) desires to incorporate as a (c) (3) corporation in order to allow contributions to be tax deducti Members: profit 501 Members consist of Hampton Roads Sanitation District and sixtee (16) localities in Hampton Roads, including all South Hampton Roads localities. I Purposes and Powers: 501 (3) (3) nonprofit corporation organized exclusively for charitabi educational, literary and scientific purposes. Subject to limitations on activities of 501 (c) (3) corporations see� "Limitation on Powers" below), the Corporation has the power to conduct all la ul affairs not required to be stated specifically in the Articles of Incorporation. Directors: Total of seventeen (17) directors (one director to be appointed by achmember), unless number of directors is changed in by-laws. Directors serve 5 -year terms and may serve successive terms without limitation. Members'Powers: Except for appointing directors, members may not vote on any m Limitation on Powers: Organized exclusively for charitable, educational, literary and scientific purposes. None of net earnings are payable to directors, officers or other p�ivate persons, except that it may pay reasonable compensation for services rendqred. No substantial part of corporation's activities may include lobbying, except to the extent permitted for 5-1 (c) (3) corporations by Internal Revenue Code, participating in political campaigns or any other activity not permitted to be carried on by any corporation exempt from federal income tax under Section 501 (c) (3) of Internal Revenue Code. Dissolution: If corporation is dissolved, assets to be distributed to such other 501 (3) (3) corporation as Board of Directors may determine. 2 H20 PROGRAM SUMMARY Program History 1999: HRPDC Approves establishment of Program, which is joined by fourteen cities and counties, two towns and HRSD. 1999-2005: Program active with semiannual fundraising campaigns Total funds disbursed - $205,000; Families aided — 1,400 H20 Program Purpose To provide one time per year financial aid to families or individuals in danger of losing residential water service due to a non-payment of a water bill due to a family crisis. The delinquent water bill can be from HRSD and/or local public utilities. Utility Eligibility The water utility must agree to: • Pool all donations into one regional fund that is allocated based on an approved formula. • Participate in a regionally coordinated fundraising program. Individual/Family Eligibility • Eligible once per year. • Live in service area of a participating utility. • Must be in danger of losing residential water service. • Must demonstrate personal or family crisis. • Must be willing to participate in an educational program. • Must provide partial payment of bill if financially able. Donations 1 oth 0 Regional fundraising effort occurs twice a year. (Ending February and August 1 Oth) 0 Donations are solicited through water bill advertisements. 0 100% of donations are applied to program. * At present, the program is not tax exempt. Administration • Cooperative effort among the water utilities, HRSD, and social SErvice providers. The water utilities are responsible for identifying the social service provider. • HRPDC is the coordinating agency. • Administrative costs are paid for by the water utilities, HRSD and HR:IDC. • Social service providers determine the individual's/family's eligibility. • A voucher is sent by the social service provider to the water utility an J HRSD. • HRSD distributes funds from the regional pool to HRSD and the w� iter utility based on the voucher. Regional Advisory Committee • The Committee is comprised of representatives from across the Hampton Roads region, who were appointed by the HRPDC Chairman based on local nominations. • The purpose is to evaluate the program and to make recommendations as appropriate. • Met at least biannually from 1999-2005. -36 - Item V. J. 6. RESOLUTIONSIORDINANCES ITEM #56651 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 14, 2007., Ordinance to AUTHORIZE the City Manager to execute a lease of City - owned property at 2293 Lynnhaven Parkwayfor the term of one (1) year with Tidewater Regional Group Home Commission (TRGHQ, to be used as residential housingfor juvenile offenders through a transitional livingprogram. Voting: 10- 0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William P, "Bill" DeSteph July 17, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for )ne year with Tidewater Regional Group Home Commission, a public body corporate established pursuant to Virginia Code §16.1-315 et seq., for 4,080 square feet of Cit( -owned land located at 2293 Lynnhaven Parkway in the City of Virginia Beach MEETING DATE: August 14, 2007 0 Background: Tidewater Regional Group Home Commission, a public body corporate established pursuant to Virginia Code §16.1-315 et seq. ("TRGHC") would like to lease 4,080 square feet of property from the City of Virginia Beach (the "City") located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Pro erty"). TRGHC would use the Property for a transitional living program providing residential housing for juvenile offenders. TRGHC (and its predecessors) has been leasing this property from the City for approximately 30 years. This item was deferred by City Council on July 10, 2007 and July 17, 2007 E Considerations: This lease would befor a term of one (1) year, aid the City has a thirty -day (30) termination option. The terms and conditions governi g the behavior of the residents of the Property are set forth in the Lease itself and Memoranda of Understanding between TRGHC and the City and TRGHC and the City of Virginia Beach Police Department • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve terms of the Lease Agreement as presented, after terms of the proposed Lease Agreement or deny leasing of subject premises. N Recommendations: Approval E Attachments: Ordinance Summary of Terms Lease Agreement Location map Recommended Action: Approval Submitting Department/Agenc - Management Servi s / Facilities Management Office City Manager: ��r , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR ONE YEAR WITH TIDEWATER REGIONAL GROUP HOME COMMISSION, FOR 4,080 SQUARE FEET OF CITY - OWNED LAND LOCATED AT 2293 LYNNHAVEN PARKWAY IN THE CITY OF VIRGINIA BEACH WHEREAS, the City of Virginia Beach (the "City") is the owr parcel of land located at 2293 Lynnhaven Parkway in the City of Vi "Property"). The City desires to lease 4,080 square feet of the Pro on Exhibits A and B (the "Premises"); WHEREAS, Tidewater Regional Group Home Commission, corporate established pursuant to Virginia Code §16.1-315, et seq., agreed to lease the Premises from the City for one year with ar payment of One Dollar ($1.00). WHEREAS, TRGHC has leased the Premises from the City for 30 years; of that certain iia Beach (the tv as set forth a public body 'TRGHC") has annuallease approximately WHEREAS, the Premises will be utilized as a transitional �living program house providing residential housing for juvenile offenders and for no o�ther purpose. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF� THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a leas( one (1) year, between Tidewater Regional Group Home Commissior corporate established pursuant to Virginia Code §16.1-315, et seq., the City, for the Premises in accordance with the Summary of Terms and such other terms, conditions or modifications as may be satisfa( Manager and the City Attorney. for the term of a public body "TRGHC") and ittached hereto tory to the City 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 36 day of 12007 CA1 0314 V:\application�,citylawprod\cycom32\Wpdocs\DO27\PO02\000361 I LDOC R-1 June 28, 2007 APPROVED AS TOLE L SUFFICIENCY M 0 A I City Attorney APPROVED AS TO CONTENT S16nature -j/-75zi�i�/. 5 m Departm'ent EXHIBIT A The Premises are apart of the property identified as GPIN: 1475-35-2438 and: generally known as 2293 Lynnhaven Parkway and are more particularly shown as the shaded area on the map on Exhibit B and extend from the access road on the east to the tree line on the west and from the fence on the north to Lynnhaven Parkway on the south. "Mi Nd nibi,- B Ex— Q�ln 15 N�l -Fx� FVP If 'n ........... t A': At" P u -j WRI.-'� 44 OR Aw, -4,41 CM $ lw� itpge k". SUMMARY OF TERMS LEASE FOR THE USE OF 4,080 SQUARE FEET OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Tidewater Regional Group Home Commission PREMISES: Approximately 4,080 square feet of City property located at 2293 Lynnhaven Parkway in the City of Virginia Beach' TERM: July 1, 2007 through June 30, 2008 RENT: Rent shall be one dollar ($1.00). RIGHTS AND RESPONSEBILITIES OF TIDEWATER REGIONAL GROUP HOME COMMISSION: Will use the Premises for a transitional living program providing residential housing for juvenile offenders and for no other purposes. Will comply with all terms, conditions and reporting requirements regarding the behavior of the residents set forth in the Lease and Memoranda of Understanding between TRGHC and the City, attached as Exhibit 1, and TRGHC and the City of Virginia Beach Police Department, attached as Exhibit 2. Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including Virginia Beach Code Section 23-59. RIGHTS AND RESPONSIBILITIES OF THE CITY: Will have access to the Premises at any time, without prior notice, in the emergency. of an Will have the right to require Tidewater Regional Group Home Commission surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. 0 Will have the right to grant easements and rights of way across, in, under anq through the Premises for streets, alleys, public highways, drainage, and other similar pur�oses. TERMINATION: The City may terminate the Lease anytime prior to June 30, F008 upon providing thirty (30) days written notice to Tidewater Regional Group Home Commilssion. V:\applications\citylawprod\cycom32\Wpdocs\DO27\PO02\00036112.DOC MEMORANDUM OF UNDERSTANDING Between the City of Virginia Beach and Tidewater Regional Group Home Commission August 1, 2007 The intent of this memorandum is to establish guidelines which will enhance the level of communication between the City of Virginia Beach ("City") and the Tidewater Regional Group Home Commission ("TRGHC"). TRGHC operates residential programs for youth at two City locations: 2293 Lynnhaven Parkway (Transitional Living Program) and 811 13th St. (Crisis Intervention Home). TRGHC will report the following information to the City Manager's Office: Any serious incidents involving active program clients committing crimes against citizens or property and/or any incidents that have the potential for media coverage. 2. Any plans to change the mission of a program, to close a program or to change the target population to be served. Any sanctions by regulatory authorities. 4. Any child protective services reports against staff of the facilities. injury or death of a program resident. 6. Any legal action taken against the program or TRGHC. 7. Any major disputes between TRGHC facilities and the adjoining neighbors or neighborhood associations. 8. Damage to the buildings or property caused by fire, flood, vandalism, natural or man-made disasters. The City will inform TRGHC of the following: Potential changes in city property uses that may impact a TRGHC program. 2. Budgetary and/or funding decisions which will change local government's level of support for juvenile justice services. 3. Economic development initiatives which will change the environments in which TRGHC operates. The above examples are not intended to be all inclusive but cover maj needing direct communication. It is agreed that the City's Chief of Staff and Executive Director of TRGHC will hold a face to face meeting at least annua areas of mutual interest and to address any pending issues. YI-7 1z) 7 Linda& Filippi Date Executive Director, TRGHC Z6",j �t" 9-0-0 �? - Susan D. Walston Date Chief of Staff, City of Virginia Beach areas to review Memorandum of Understanding between the Virginia Beach Police Department (VBDP) and Transitional Living Program (TILP), a program operated by the Tidewater Regional Group Home Commission (TRGHC) Augustl,2007 This Memorandum of Understanding will provide protocols for communication and collaboration between the Transitional Living Program JLP) and the Virginia Beach Police Department (VBPD) to maximize community safety. TLP will evaluate their current selection process to ensure enhanced screening of applicants. This will include additional layers of review of applicants by TRGHC Deputy Director and/or Executive Director for referrals involving felony crimes against persons (i.e. malicious wounding). Effective March 16, 2006, all new admissions into the TLP will be placed on electronic monitoring using real-time GPS tracking for a minimum of the first 30 days. Release from the monitoring will be contingent on the youth making a satisfactory adjustment with no major program rule violations. Monitoring will include the exclusion of youths from those areas with high crime patterns and gang activity. Residential areas surrounding the Transitional Living Program will also be included in the exclusion zones. Records of the GPS monitoring are available indefinitely for subsequent review should the whereabouts of any of the residents need to be ascertained during monitoring or after it has been discontinued. TLP will continue to use metal detector wands to check for weapons on both the youth and their rooms TLP has increased the use of vehicle transportation for youths going to jobs, school, etc. to reduce foot traffic by program residents in the neighborhood The VBPD will inform TLP of potential problem areas, crime trends, and gang activity around the TLP. TLP will also use iPRO (Electronic Police Reports) to identify potential problem areas. TLP will then restrict youths from these areas. TLP will monitor video surveillance cameras around the TLP and provide logs of activity to VBPD when requested. TLP will notify VBPD of youths who are AWOL or have generated GPS alerts The VBPD 4 th Precinct will visit TLP every 2-3 weeks without advance notice to interact with youth and "humanize" the police. Also provides opportunity for PD to become familiar with youths. In addition, an officer of the VBPD 4 th Precinct will communicate with the program's administration on a bi-weekly basis on the current population. updates TLP will notify VBPD, 4 th Precinct of all new admission and those who xit from the program A representative from the Transitional Living Program will attend VBPO 4 th Precinct CAC meetings to observe and listen to citizen concerns in the � Precinct TLP and VBPD will exchange information on any suspicious behavior youths within the confines of current privacy legislation. Linda S. Fflippi, TR41C Executive Director Date Jr, poki-4 , 4A.. %Jas, Chief %�Iblice Date' ng THIS LEASE AGREEMENT is made this I st day of jul y _, 2007 between the CITY OF VIRGINIA BEACH, a municipal Corporation of the Commonwealth of Virginia, ("Landlord"), and the TIDEWATER REGIONAL GROUP HOME COMMISSION, a regional public youth service agen��, ("Tenant'), and provides: WITNESSETH LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be observed and performed, Landlord leases to Tenant and Tenant from Landlord the following property located at 2293 Lynnhaven Parkway, Virginia Beach, Virginia, 23456, including the building located thereon (the "Building") hereinafter referred to as the "Property" or "Premises", as further described on Exhibit A, attached hereto and incorporated herein. 2. RENT. The rent shall be ONE DOLLAR ($1.00) per year for the term of this Lease and shall be payable on July 1, 2007. 3. TERM. The term of this Lease shall be for one year from July 1, 2007 until June 30,2008. 4. LANDLORD'S RIGHT TO TERMINATE. Landlord shall have the right to terminate this Lease at any time and for any reason whatsoever before the end of the term set forth above. Such termination shall be accomplished by delivering written notice to Tenant at the address set forth in paragraph 26, below and shall be effective thirty (30) days from the date of delivery of that notice. 5. PROGRAM REPORTS. Tenant shall provide, in writing, information on the program being conducted at the Premises. Items specifically to be incorporated in this document include demographics of the participants (ages, home cities, etc.), graduates of the program, and summary of incidents for the current term. Additional in -formation may be desired by the Landlord. This information is to be completed and delivered to Landlord bi-monthly. Tenant may it their discretion provide additional reports as Tenant may deem appropriate. 6. PERMITTED USE. The Premises are to be used for a Transitional Living I Program conducted by Tidewater Regional Group Home Commission and for no I ther business or purpose without the prior written consent of Landlord. Any changes in the programs or activities offered at this site would require an addendum to this agreement. In connection with its use and occupancy of the Premises, Tenant shall not: A. Install, use, operate or maintain any machinery or equipment or permit any other activity or conduct within the Premises which (i) produces any discernible vibration or a noise level within any part of the building or outside the Premises which causes interference with the surrounding areas as determined by Landlord, or (ii) overload the floors or any other structural portions of the Premises or the building as determined by Landlord; or B. Use any part of the roof of the building for any purpose; or C. Do, or suffer to be done, in or about the Premises any act or thing that may cause waste or create a nuisance, annoyance or inconvenience to Landlord or the Property or that otherwise damages Landlord; or than small quantities of such substances (not designated "acutely hazardous" or "extremely hazardous" by the United States Environmental Protection Agency) incidental to the maintenance of the Premises and Tenant's equipment and machinery thereon which are appropriately contain -.d, stored and utilized in accordance with all governmental requirements. Tenant shall not bum or otherwise treat or dispose of trash or other substances on or around the Premises; or 2 D. Permit the Premises to be used for any purpose that would render void or cause cancellation of any insurance maintained on the Premises by Landlord, or cause an increase in the premiums for such insurance. 7. ATTACHMENTS. The following documents are attached hereto and such documents, as well as all drawings and documents prepared pursuant thereto, shall be incorporated herein by reference. Any breach of the agreements or covenants contained in Exhibits B or C shall be considered a breach or default under this Lease. A. Exhibit A — Floor plan of the Building, showing Premises outlined thereon. B. Exhibit B — Memorandum of Understanding between Tidewater Regional Group Home Commission and the City of Virginia Beach Police Department. C. Exhibit C — Memorandum of Understanding between Tidewater Regional Group Home Commission and the City of Virginia Beach. 8. COMPLIANCE WITH LAWS. Tenant, at its sole expense, covenants and agrees to abide by, observe and comply with all present and future laws, ordinances and regulations applicable to its use and occupancy of the Premises and with any covenants and restrictions to which the Property is now or may hereafter be made subject, and shall make any repairs, modifications or additions to the Premises as may be required by any of those laws, ordinances, regulations, covenants or restrictions or any changes therein. Tenant agrees to indemnify and hold Landlord harmless from any claims, damages, losses or liabilities and any incidental expenses (including, without limitation, attorneys' fees) that may be assessed against or incurred by Landlord in connection with Tenant's actual or alleged noncompliance with any such law, ordinance, regulation, covenant or restriction. 3 9. INSURANCE. Public Liabilily Insurance. Tenant shall procure public liability insurance for the Premises with policy limits of not less than $1 combined single limits per occurrence, and issued by an insurance company Landlord. The policy shall contain an agreement by the insurer that it will not except after thirty (30) days' prior written notice to Landlord and Tenant. If the insured they shall provide a letter to that effect. 9.1 Certificates. At the commencement of the term of this Lease, T deliver to Landlord a certificate of the insurance required to be Tenant under Section 9. 1. Tenant shall also deliver to Landlord at (15) days prior to the expiration date of any such policy (or of any policy), certificates for the renewal of such insurance. 10. WAIVER OF SUBROGATION. Landlord and Tenant agree themselves and all others claiming under them, including any insurer, to waive all each other, including all rights of subrogation, for loss or damage to their arising from fire and any of the other perils normally insured against in an insurance policy, including vandalism and malicious mischief endorsements. If ei d maintain ,000 a.ble to el the policy aant is self - ant shall Lained by ast fifteen behalf of -laims against property coverage 'ier party so requests, the other party shall obtain from its insurer a written waiver of all rights Of subrogation that it may have against the other party. 11. INDEMNIFICATION. Except to the extent liability has been waived under Paragraph 10, Tenant unconditionally agrees to indemnify and save Landlord, its officers, directors, employees, volunteers, successors and assigns, ag*nst any and all claims, liabilities, damages, or losses, and any attorneys' fees and other incidental expenses, resulting from injury or death of any person or damage to property occurring on or labout the Premises or arising in conjunction with the use and occupancy of the Premises by Jenant or 4 others claiming under Tenant, unless the death, injury or damage was sustained as a result of any gross negligence or willful misconduct of Landlord. Tenant's indemnity includes, but is not limited to, any claims, liabilities, damages, losses or expenses resulting from the release of hazardous substances, hazardous wastes or petroleum products on, about or from the Premises or other violations of applicable environmental laws occurring during the term of this Lease. 12. LANDLORD/TENANT SERVICES; MAINTENANCE. 12.1 Landlord's Rgpairs. Landlord at its expense, shall (a) (i) perform all necessary replacements and extraordinary repairs of the roof and all structural elements of the Building, including structural walls, floors and foundations, (ii) make all necessary replacements and extraordinary repairs to the exterior of the Building, , and (iii) make all necessary replacements and extraordinary repairs to any common utility lines, pipes, conduits, equipments and systems that serve more than one tenant of the Building, and (b) lawn care including landscape maintenance (trees, shrubs, fertilization of lawn, etc.); Landlord's obligations are subject to ordinary wear and tear. Further, Landlord shall be entitled to full reimbursement to the extent Tenant is responsible for any damage to the Premises or the Building pursuant to Section 12.2. 12.2 Tenant's Repairs. The Tenant at its expense shall repair, replace or restore all damage to the Premises or the Building caused by the willful or negligent acts or omissions of Tenant or its agents, contractors, employees or invitees, or by a breach by Tenant of its obligations under this Lease, except to the extent liability is waived under Paragraph 10. Tenant will also be responsible for the maintenance, repair, and replacement (if necessary) of all interior areas and equipment. This includes HVAC system, interior plumbing systems, interior electrical systems, appliances, hot water heaters, carpets, painting, etc. 5 13. AILTERATIONS. Tenant shall make no modifications, improvements to the Premises without Landlord's prior written approval. In shall not drill holes or hammer nails in, or attach in any manner any of its property to, any structural member of the Premises or the Building, including the floor, without Landlord's prior written approval. Any approved modifications, improvements shall be performed only by Landlord or by a contractor satisfactory its sole discretion. Upon the termination of this Lease, any modification, improvements shall become the property of Landlord, or of Landlord requests, the removed, without damage to the Premises, and Tenant shall restore the Premises original condition as possible, except for normal wear and tear since the last replacement required by this Lease. ris or cm, Tenant it or other alls, roof and rations or o Landlord in or ;ame shall be as near its 14. DAMAGE AND DESTRUCTION. If during the term of this Leas� the Premises are so damaged by fire or other casualty as to be rendered untenantable in whole o� in substantial part, then Landlord may elect to terminate this Lease effective as of the date of suc4 casualty. In addition, if the Building is destroyed in whole or in substantial part by casualty (rejardless of the extent of the damage to the Premises), or such damage occurs during the last year Of the term of this Lease, Landlord may elect to terminate this Lease effective as of the date of su�h casualty. These elections by Landlord shall be made within 90 days after the occurrence of tl�ie casualty, or shall be deemed waived. If this Lease is not so terminated, either because the render the Premises untenantable,, either in whole or in substantial part or because not elect to terminate this Lease pursuant to the preceding provisions, then, subject Delay" as defined below, Landlord shall use reasonable diligence to commence restoration, and shall thereafter diligently continue the same so as to repair and Premises to substantially their original condition (notwithstanding any alterations rei ge does not ,andlord does to "Excusable repair or )re the improvements made by Tenant). The rent shall be abated in proportion to the untenantable space until the Premises are restored. For purposes of this Paragraph 14 and Paragraph 15, a "substantial part" shall be deemed to mean more than fifty percent (50%) of the usable floor area of the Premises or the Building, as the case may be. The term "Excusable Delay" shall mean any one or more of the following: labor disputes, fire or other casualty, unusual delay in transportation, adverse weather conditions, unavailability of labor, materials and equipment, and any other causes beyond Landlord's reasonable control. Tenant at its own expense shall promptly replace and/or restore to their prior condition any alterations or the leasehold improvements made in the Premises by Tenant. All insurance proceeds arising from such damage or destruction shall be made available to Landlord. 15. CONDEMNATION. If during the Lease term all or any substantial part of the Premises, the Building or the Property is taken by eminent domain or sold under threat of taking by eminent domain, Landlord shall have the right to terminate this Lease by so notifying Tenant within 90 days after notice of the taking. If the Premises are taken in whole or in part but this Lease is not terminated by Landlord, Landlord shall promptly restore any damage to the Premises to the extent reasonably possible and the rent for the Premises shall be proportionately reduced commencing on the date when possession of the part so taken or sold is surrendered by Tenant. If this Lease is terminated pursuant to this Paragraph 13, Landlord shall reftmd to Tenant any rent prepaid beyond the effective date of termination. In the event of any such taking or sale, Tenant irrevocably assigns to Landlord any award, compensation or payment to which Tenant may become entitled by leasehold improvements. Nothing in this Lease shall impair Tenant's right to any award or payment on account of Tenant's trade fixtures and moving expenses if available, to the extent Tenant has a right to make a claim against the person or entity 7 having the power of eminent domain, but in no event s1hall any such claim be of Tenant's leasehold interest or reduce the award otherwise payable to Landlord. 16. DEFAULT. I on the value 16.1 Tenant's Default. Tenant shall be in default of this Lease i� (a) Tenant fails to pay when due the rent or any other amount required to be paid by Tenant under this Lease; or (b) Tenant fails to timely deliver- the reports called for in P#agraph 5; or (c) Tenant fails to perform any other duty or obligation imposed by this Leoe and the default continues for a period of 15 days after written notice is given to Te*ant by Landlord, or, if the default cannot be cured within 15 days, if Tenant fails t� commence to cure the default within such 15 -day period, fails thereafter to diligently Orosecure the same to completion, or in any event fails to cure the default within 60 days � after such notice; (d) Tenant is declared insolvent or adjudged bankrupt, or makes a assignment for the benefit of its creditors; (e) a receiver of any property of Tenant in or upon the Premises is appointed in any action, suit or proceeding by or agai*st Tenant; (f) any action or proceeding under Title I I of the United States Code is filed b� or against Tenant, and such appointment, suit, action or proceeding is not dismissed or (g) the interest of Tenant in the Premises is sold under execution or 16.2 Remedies. In the event of Tenant's default, Landlord right to enter upon the Premises and repossess and enjoy the same as if thi been made. This Lease shall then terminate at Landlord's option. Landlord elects to terminate this Lease, Landlord may immediately ithin 60 days; legal process. have the Lease has not or not from Tenant, and Tenant shall be liable to Landlord for, all rent due and unpaid up to the Itime of such reentry, and, in addition, at Landlord's option, the rent that would have beeo payable under this Lease for the balance of the term shall become immediately due 4nd payable, 8 together with all additional sums to which Landlord may be entitled under applicable law. The parties specifically agree that Tenant's obligation to pay the rent shall survive any termination of this Lease due to Tenant's default. Upon demand by Landlord, Tenant shall surrender complete and peaceable possession of the Premises and/or Landlord may, without waiving or postponing any other rights given it by law or provided for in this Lease, relet the Premises on such terms as it deerns best, and apply the proceeds, less 0 expenses of reletting, to payment of past due rent and the rent due for the balance of the term and hold Tenant liable for the difference. The expenses of reletting shall include reasonable attorneys' fees actually paid in recovering and reletting the Premises; the cost of all repairs, additions and improvements necessary to prepare the Premises for reletting; and all brokerage commissions and fees paid with respect to any reletting. These remedies shall not be deemed exclusive, and Landlord shall have all other rights and remedies provided in law or equity. 16.3 Right to Cure. Without limiting any other remedy available to Landlord by reason of Tenant's default, in the event Tenant defaults in the performance of any of its obligations, Landlord may, at its option (but without any obligation so to do), do all things as it deems necessary and appropriate to cure the default, perform for Tenant any obligation which Tenant is obligated to perform but has not performed and expend such sums as may be required. All costs and expenses so incurred by Landlord shall be due and payable to Landlord immediately upon demand, together with interest at the rate of four percent (4%) above the prime lending rate announced from time to time by Nations Bank, N.A., in Charlotte, North Carolina, or, if less, the highest legal rate, from the date that the costs and expenses were incurred until the same are paid to Landlord. Z 17. ASSIGNMENT AND SUBLETTING. Tenant shall not, prior written consent assign this Lease in whole or in part or sublease all or any Premises. No assignment of this Lease or subletting of -the Premises, with or t Landlord's of the t the consent of Landlord, shall be deemed to release Tenant from any of its obligations under t4is Lease, nor shall any assignment or subletting be construed as permitting any ftirther assignm�nt or subletting except in accordance with this Paragraph IT If this Lease is assigned the Premises sublet, any rent or other consideration payable by the assignee or sublessee in addition to the rent payable under this Lease shall belong to and shall be paid to Landlord. 18. QUIET ENJOYMENT. Landlord covenants that it has the full right and authority to make this Lease and that if Tenant pays the rent and performs all of t1* terms of this Lease, Tenant shall peaceably and quietly enjoy and possess the Premises throughout the term against the claims of anyone claiming by or through Landlord, subject only to the conditions, covenants and agreements set forth in this Lease. 19. SUCCESSORS AND ASSIGNS. Sub ect to the provisions of Paragraph 16, i the terms, conditions, covenants and agreements in this Lease to be kept and performed by Landlord and Tenant shall bind and inure to the benefit of their respective heirs, representatives, successors and assigns. 20. LIABILITY FOR DAMAGE. Landlord shall not be liable 7 any damage to any property of Tenant or others, or mijury to persons within the Premises, res ng from (i) the electrical, heating, plumbing, sewer, or other mechanical systems of the Premi4es or Building, (ii) water, snow or ice being upon or coming through the roof, walls, floors, windows or doors of the Premises or the Building; (iii) the acts or negligence of co -tenants c r other occupants of the Building, or (iv) any fire or other casualty whatsoever. Landlord 3hall not be liable for failure to keep the Premises in repair, unless Landlord is expressly oblig4ted to make 10 the repairs under the terms of this Lease and unless notice of the need for the repairs has been given to Landlord and Landlord has failed to make the repairs within a reasonable time after receipt of the Notice. 21. RIGHTS RESERVED BY LANDLORD. Without abatement or diminution in rent, Landlord reserves the following rights: A. To change the street address and/or the name of the Building and/or change the arrangement and/or location of entrances, passageways, doors, doorways, parking areas, drives, yards, corridors, stairs, or other parts of the Building or Property, without liability to Tenant. B. To enter the Premises at all reasonable times (1) for the making of inspections, decorations, alterations, improvements and repairs, to the Premises and Building and to protect and preserve the same as Landlord may deem necessary or desirable, (2) to erect, use and maintain pipes and conduits in and through the Premises, (3) to exhibit the Premises to prospective purchasers or lessees of the Building at any time and to others during the last six (6) months of the term and (4) in general, to verify Tenant's compliance with the terms of this Lease. C. To make repairs, alterations or improvements in or to the Premises, the Building or other parts of the Property, and during alterations, to close entrances, doors, windows, corridors, or other facilities, provided that such acts shall not unreasonably interfere with Tenant's use and occupancy of the Premises. D. To establish reasonable rules and regulations governing the use and occupancy of the Premises, the Building and the Property. E. To terminate this lease at any time without cause. I I 22. SIGNS. Tenant shall place no signs outside of the Building without prior written agreement from the landlord. 23. WAIVER. No waiver of any condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant, and nothing contained in this Lease shall be construed to be a waiver on the part of Landlord of any right or remedy in law or otherwise. 24. SURRENDER. Upon the expiration or earlier termination of this Lease, Tenant shall surrender to Landlord the Premises in good condition and repair, ordinary wear and tear, fire and other casualty (provided such fire or other casualty is not with respect to property required to be insured by Tenant and is not covered by Tenant's indemnity in Paragraph 11) or governmental taking excepted. 25. SEVERABILITY. If any provision of this Lease or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 26. NOTICES. Any notice, statement, demand, request, consent, approval, authorization, offer, agreement, appointment or designation under this Lease by either party to the other (a "Notice") shall be in writing and shall be effective only if (i) delivered by personal service, (ii) delivered by Federal Express or another comparable overnight express delivery service, with all charges therefore prepaid, or (iii) mailed by registered or certified mail, postage prepaid, return receipt requested, in each case addressed to the address set forth below. Either party may change its notice address by giving notice to the other in the foregoing manner. Notice sent in compliance with this Paragraph 25 shall be deemed given (a) on the day received 12 if by personal services, (b) one business day after deposit with the courier service with delivery fee prepaid, or (c) on the second business day after being placed in the United States mail as aforesaid. (a) Landlord's address for notices shall be: City of Virginia Beach Department of Management Services Facilities Management Office 2424 Courthouse Drive Virginia Beach, Virginia 23456 City of Virginia Beach City Manager's Office Chief of Staff 2401 Courthouse Drive Virginia Beach, Virginia 23456 (b) Tenant's address for notices shall be: Tidewater Regional Group Home Commission Executive Director 2404 Airline Boulevard Portsmouth, Virginia 23701 27. MISCELLANEOUS PROVISIONS. 27.1 Rules and Regulations. Tenant, on behalf of itself and its agents, employees, contractors, invitees and licensees, hereby agrees to observe and strictly comply with all reasonable rules and regulations (hereafter called the "Rules and Regulations"), adopted by Landlord from time to time with respect to the occupancy of operations on the Property. Landlord shall not be liable for the nonobservance or violation by any tenant, or any agent, employee, contractor, invitee or licensee of any tenant, of any Rules and Regulations. 27.2 Governiniz Law. This Lease shall be construed and governed by the applicable laws of the state in which the Premises are located. Venue of any suit brought 13 to enforce the terms of this Lease or arising from the rights, liabilities or obligations set forth herein shall be founded in the Court of competent jurisdiction of the City of Virginia Beach. 27.3 Titles, Etc. The marginal headiings or titles of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. Whenever the singular number is used in this Lease and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, and the word "person" shall include corporation, firm, partnership or association. If there be more than one Tenant, the obligations imposed under this Lease upon Tenant shall be joint and several. 27.4 Entire Agreement. This instrument contains all of the agreements and conditions made between the parties to this Lease any may not be modified orally or in any other manner than by a written addendum to this Lease. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE TO BEGIN ON NEXT PAGE] 14 IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease as f the date first written above. TENANT: TIDEWATER REGIONAL GROUP HOME COMMISSION " I BY rj� NAME: AIV -4 5--.-AC,,A0P1 TITLE: ATTEST: STATE OF VIRGRZA CITY OF VIRGEZA BEACH, to -wit: The foregoing instrument was acknowledged and sworn before me this j2-_f!day of 2007 by L) n, -i a F Eye -. Dit-ector of Tidewater Group Home Commission, on its behalf produced j (-I q e C� I t ce- vi s -e- as identification. My commission expires: i --3 1 --09 He/She is personally known to me or has Notary Public j L/ U 15 LANDLOIRD: CITY OF VIRGINIA BEACH BY City Manager/Authorized Designee of the City Manager ATTEST: Ruth Hodges Fraser City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged and sworn before me this day of � 2007 by JAMES K. SPORE, City Manager, or his auth i d designee as executed above, on behalf of the City of Virginia Beach, Virginia. He/She is p=ly known to me or has produced as identification. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged and sworn before me this day of � 2007 by RUTH HODGES FRASER, City Clerk, on behalf of the City of Virginia Beach, Virginia. He/She is personally known to me or has produced as identification. My commission expires: Wei Notary Public Approved as to Content City Manger's Office Approved as to Legal Sufficiency City Attorney's Office V:\applications\citylawprod\cycom32\Wpdocs\DO24\PDOI\OD033984.DOC 17 Approved as to Content DMS/Facililys Managem. )�ht Approved as to Content 'Risk Management CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of 7.317 acres of real prooerty located at the northeast corner of the intersection of Great Neck Road and Wolfsnare Road, Virginia Beach, Virginia for $300,000 from GOPA, SIX, L.L.C. MEETING DATE: Au ust 14, 2007 0 Background: GOPA, Six, L.L.C. (the "Owner") approached the City Obout acquiring the 7.317 acre parcel located at the northeastern corner of Great N ck Road and Wolfsnare Road in -Virginia Beach (the "Property"). I A majority of the Property is water, marsh and wetlands and therefore unbuildable. However, the Owner has obtained a variance from the Chesapeake Bay Preservation Board allowing the construction of one residential unit on the corner of Great Neck Road and Wolfsnare Road. Staff believes construction of a home on the Property with a curb cut onto G would be unnecessarily dangerous and recommends acquisition of the Prop preservation as open space. The Open Space Subcommittee has been briE endorsed acquisition. N Considerations: The City and the current owner have reached an a the parcel's purchase price and the terms of the acquisition. The purchase 1 $300,000 and is recommended to be funded from the Open Space Program Project (CIP 4-004). • Public Information: Advertisement of City Council Agenda • Alternatives: Do not acquire the Property and allow the Property to • Recommendations: Purchase the Property for $300,000 through Program Site Acquisition Project (CIP 4-004). • Attachments: Summary of Terms, Ordinance and Location Map Recommended Action: Approval Submiffing Department/Agency: PW/REAL ESTATE City Managefz��r �'. < 8 N71�_ Neck Road for and has reement on -ice is 3ite Acquisition developed. Open Space SUMMARY OF TERMS AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF APPROXIMATELY 7.317 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF GREAT NECK ROAD AND WOLFSNARE ROA% VIRGINIA BEACH, VIRGINIA OWNER: GOPA SIX, L.L.C. BUYER: City of Virginia Beach SALE PRICE: $300,000 at Settlement by check. SETTLEMENT DATE: On or before thirty (30) days after acquisition is authorized by Council. SPECIAL TERMS AND CONDITIONS: 9 Property must be conveyed free and clear of all leases, tenancies and right of possession of any and all parties other than the City. 0 Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. 0 City shall bear all other costs of closing. V:\applicatiom\citylawpr(>d\cycom32\Wpdocs\DOOS\PO04\00026067.DOC 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 7.317 ACRES OF REAL 3 PROPERTY LOCATED AT THE NORTHEAST 4 CORNER OF THE INTERSECTION OF GREAT 5 NECK ROAD AND WOLFSNARE ROAD, 6 VIRGINIA BEACH, VIRGINIA FOR $300,000 7 FROM GOPA SIX, L.L.C. 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, GOPA SIX, L.L.C. ("GOPA SIX") owns a 7.317 ai estate located at the northeast corner of the intersection of Great Wolfsnare Road, in the City of Virginia Beach, Virginia (the "Property"); �re� parcel of real Ndck Road and WHEREAS, GOPA SIX desires to sell the Property to the City of Virg nia Beach (the 91city7l) ; WHEREAS, the City's Open Space Subcommittee has identified the Property as a parcel to be considered for acquisition as part of the City's open space init ative, and has recommended that the Property be acquired for such purposes; 21 WHEREAS, the City Council of the City of Virginia Beach, Vircinia (the "City 22 Council") is of the opinion that the acquisition of the Property would furthe�the City's open 23 space initiative; 24 25 WHEREAS, funding for this acquisition is available in the Open Sp ce Acquisition 26 CIP account (CIP 4-004). 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA: 30 31 1. That the City Council authorizes the acquisition of the Propelty by purchase 32 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, wl� ich Property is 33 generally identified as GPIN 2408-10-3592 and shown as the hatched area on Exhibit A 34 attached hereto. 35 36 2. That the City Manager or his designee is further authorizec to execute all 37 documents that may be necessary or appropriate in connection with the r urchase of the 38 Property, so long as such documents are in accordance with the Summary of Terms 39 attached hereto and acceptable to the City Manager and the City Attorne, . 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 41 .2007. CA -1 0311 V:\apphcations\citylawprod\cycom32\Wpdocs\DO02\PO02\00036360.DOC R-1 August 3, 2007 APPROVED AS TO CONTENT - Public Works/Real Es4++. kut tate APPROVED AS TO CONTENT - APPROVED AS TO LEGAL SUFFICIE 47 City Attorney's Office day of SUMMARY OF TERMS AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF APPROXIMATELY 7.317 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF GREAT NECK ROAD AND WOLFSNARE ROAD, VIRGINIA BEACH, VIRGINIA ON"ER: BUYER: SALE PRICE: SETTLEMENT DATE: GOPA SIX, L.L.C. City of Virginia Beach $300,000 at Settlement by check. On or before thirty (30) days after acquisition is authorized by Council. SPECIAL TERMS AND CONDITIONS: Property must be conveyed free and clear of all leases, tenancies and right of possession of any and all parties other than the City. Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. 0 City shall bear all other costs of closing. V:\applications\citylawprod\cycom32\Wpdocs\DO08\PO04\00026067.DOC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Refund of $40,000 to the Christian Broadcasting Network, Inc. (CBN) for a Payment Erroneously Made to the City MEETING DATE: August 14, 2007 N Background: On October 26, 1993, City Council approved a street closure for the Christian Broadcasting Network (CBN) for a portion of West Centerville Turnpike which was adjacent to 1-264. CBN paid the City $40,000 to vacate this ric ht of way. In attempting to finalize the closing, it was determined that the City of Virgillia Beach did not own the right of way, it was in fact owned by the Commonwealth of Virginia. CBN subsequently had to negotiate with the Virginia Department of Transportat on (VDOT) to give up the right of way and purchase same from the VDOT. This they were finally able to do, and they are now requesting that the $40,000 paid to the City of Virginia Beach be returned. 0 Considerations: Since the City did not own the right of way that was vacated, but was paid $40,000, CBN has requested reimbursement of this sum. 0 Public Information: Public information will be provided through the normal Council agenda process. Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Management Service OC-� City Manager: QJW-Q-'s V'<S-qtV4J 1 AN ORDINANCE TO AUTHORIZE A REFUND OF 2 $40,000 TO THE CHRISTIAN BROADCASTING 3 NETWORK, INC. (CBN) FOR A PAYMENT 4 ERRONEOUSLY MADE TO THE CITY 5 6 WHEREAS, on October 26, 1993, the City Council approved a street closure for 7 the Christian Broadcasting Network, Inc. (CBN) for a portion of West Centerville 8 Turnpike; 9 10 WHEREAS, at the time of closure CBN's title information indicated that the 11 underlying fee in the street was owned by the City and CBN paid the City $40,000 for 12 the closed street, which sum was established by appraisal, 13 14 WHEREAS, it was subsequently determined that the Commonwealth of Virginia, 15 not the City, was the owner of the underlying fee, and CBN has negotiated to acquire 16 the property from the Commonwealth; 17 18 WHEREAS, CBN has requested that the City refund the $40,000 which was paid 19 to the City. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1 . That a refund in the amount of $40,000 for the payment erroneously made 25 is hereby authorized and directed to be made to CBN. 26 27 2. That $40,000 is transferred from the General Fund Reserve for 28 Contingencies to the Non -Departmental section of the FY 2006-07 Operating Budget for 29 the purpose of reimbursing CBN for the overpayment. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day 32 of 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: IManage eni ices CA 10416 R-3 July 19, 2007 11� A-11AV ttorney's bffice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,450,000 from the Risk Management Internal Service Fund and Authorize the City Manager to Execute All Necessary Agreements for Closure of the SPSA Composting Operation at the Virginia Beach Landfill MEETING DATE: August 14, 2007 N Background: The SPSA composting facility at the Virginia Beac been the subject of multiple complaints from nearby residents. comprehensive analysis, it was determined that the facility as designed was incompatible with the surrounding land uses and therefore needed The City of Virginia Beach and SPSA reached a tentative agreement on SPSA composting operation at the Virginia Beach Landfill in April. S accepting new compost materials on June 1, 2007 and will vacate the CL site by December 31, 2007. SPSA will relocate the mulching only operati( 9 acre site where it was previously located. Legal documents have beer are ready for signature. i landfill has Following a ind operated ,o be closed. 1osure of the 3SA stopped rrent 48 acre n back to the finalized and 0 Considerations: The settlement agreement requires the City of. �irginia Beach to pay SPSA $1,450,000 to offset non-recoverable site improvement costs a Public Information: Public information will be handled through the normal Council agenda notification process. N Alternatives: Closure of the composting operation, throuch negotiated settlement, was determined to be the most expeditious and responsible means to accommodate the needs and interests of the various stakeholders. 0 Recommendations: Approve the following: 1) appropriation ordnance-, 2) the settlement agreement, including payment of $1,450,000 to SPSA; 3) the lease termination agreement, and 4) the deed of lease. 0 Attachments: 1) Ordinance, 2) Settlement Agreementl 3) Lea e Termination Agreement; 4) Deed of Lease I Recommended Action: Approve the appropriation ordinance and the a� reements and deed of lease. Submitting Department/Agency: City Manager: Public WorksNVaste Management 4D =1 1 AN ORDINANCE TO APPROPRIATE $1,450,000 2 FROM THE RISK MANAGEMENT INTERNAL 3 SERVICE FUND AND AUTHORIZE THE CITY 4 MANAGER TO EXECUTE ALL NECESSARY 5 AGREEMENTS FOR CLOSURE OF THE SPSA 6 COMPOSTING OPERATION AT THE VIRGINIA 7 BEACH LANDFILL 8 9 WHEREAS, following a comprehensive analysis, it was determined that the 10 composting facility operated by SPSA at the Virginia Beach landfill is incompatible with 11 the surrounding area and needs to be closed-, and 12 13 WHEREAS, the City of Virginia Beach and SPSA have reached tentative 14 agreement on closure of the composting operation, which will require the City to pay 15 SPSA $1,450,000 to offset non-recoverable site improvement costs. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That $1,450,000 of fund balance from the Risk Management Internal Service 21 Fund is appropriated to pay SPSA for non-recoverable improvement costs. 22 23 2. That the City Manager is hereby authorized to execute on behalf of the City of 24 Virginia Beach all necessary agreements for closure of the SPSA composting operation 25 at the Virginia Beach landfill. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the day 28 of 2007. APPROVED AS TO CONTENT: Qou'�'- , a Management Services CA10474 R-1 August 7, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off.&;?— AGREEMENT THIS AGREEMENT (the "Agreement"), is made this day of Aug st, 2007, by and between, the SOUTHEASTERN PUBLIC SERVICE AUfH0RITY OF VIR9 NIA (the "Authority" or "SPSA") and the CITY OF VIRGINIA BEACH, VIRGINIA (the "City"). SPSA and the City are each referred to herein as a "Party" and together as the "Parties". Recitals: A. SPSA operates on a portion of Virginia Beach Landfill No. 2 (the "Virginia Beach Landfill") a facility for the processing of yard waste materials delivered to the Virginia Beach Landfill ("Yard Waste Facility") involving composting, mulching and the sale of Compost and mulch to the public. B. The operation of the Yard Waste Facility is provided as a service to SPSA's member communities and commercial customers and affords them an opportunity to recycle a portion of their solid waste at a reduced disposal rate and further benefits such members and customers by extending the capacity of SPSA's landfill located in Suffolk, Virginia. C. The Yard Waste Facility is operated by SPSA on the portion of the Virginia Beach Landfill (the "Yard Waste Site") that is leased to SPSA under the terms of a lease with the City dated November 10, 2003 ("Yard Waste Facility Lease") and pursuant to a conditional use permit approved by Virginia Beach City Council at its meeting on January 13, 2004 (the "City Approval"). The Yard Waste Site is described with particularity in the Yard Waste Facility Lease and is shown on Exhibit A attached thereto and made a part thereof D. Certain residents of adjacent residential neighborhoods have demanded that SPSA cease operating the Yard Waste Facility because of odors emanating therefrom and alleged health problems associated with composting operations conducted at the Yard Waste Facility. E. Notwithstanding numerous operational improvements that SPSA has implemented and proposed for the Yard Waste Facility, the City has insisted that SPSA close the Yard Waste Facility. F. SPSA and the City have entered into this Agreement providing for, closure of the Yard Waste Facility on terms that recognize SPSA's investment, that allow SPSA to relocate its mulching operations to another site at the Virginia Beach Landfill where such operations were formerly conducted, that allow SPSA to continue operating its white goods recyclino program on City property, and that insure that closure of the Yard Waste Facility and cessation of composting activities occurs as soon as reasonably practicable. Agreement: NOW, THEREFORE, for good and valuable consideration and the mutu promises and covenants contained herein, the receipt and sufficiency of which are acknowledged, the Authority and the City do hereby agree as follows: 1-756555.5 08/07/2007 1. Payment for SPSA's Investment. The City will pay SPSA the sum of One Million Four Hundred Fifty Thousand Dollars ($1,450,000.00) as compensation for SPSA's investment in the Yard Waste Facility, which sum the City has paid to SPSA upon execution of this Agreement. 2. Wind Down of Yard Waste Facility Operations. SPSA stopped accepting leaves' grass and bagged yard waste at the Yard Waste Site on June 1, 2007 and will process and sell or' otherwise remove all such yard waste no later than December 31, 2007. SPSA's continued operation at the Yard Waste Site will be conducted in accordance with current practices, subject to the terms of the Yard Waste Facility Lease and the City Approval. SPSA will comply- with all existing regulations and best management practices at the Yard Waste Site. SPSA will have no obligation to make any additional improvements to the Yard Waste Site or to upgrade Yard Waste Facility operations. 3. Lease Termination and Facility Closure. The Parties have entered into an agreement of even date herewith that provides for the termination of the Yard Waste Facility Lease (the "Lease Termination Agreement"). Upon termination, the City will accept the Yard Waste Site from SPSA and the City will assume all responsibility for closure of the Yard Waste Site including compliance with DEQ closure requirements and any modifications to the Yard Waste Site required to meet long-terrn stonriwater or other issues. Prior to termination, SPSA will process and sell or otherwise remove all yard waste materials and its equipment and structures from the Yard Waste Site. All roads and pavement will remain in place. 4. Lease of Property for Mulching Facility and White Goods Operation. Pursuant to the terms of a lease between the City and SPSA of even date herewith (the "2007 Lease"), the City has agreed to lease to SPSA the nine (9) +/- acre site previously leased by SPSA that is shown on Exhibit A of the 2007 Lease (the "Mulching Site") for operation of a mulching facility. The 2007 Lease shall be for a term ending January 24, 2018, the expiration date orthe City"s August 8, 1984 Use and Support Agreement with SPSA (the "Use and Support Agreement"). in lieu of rent for the Mulching Site, SPSA has agreed to provide white goods recycling services to the City without charge at the one-half (1/2) +/- acre site shown on Exhibit B of the 2007 Lease (the "Recycling Site") that SPSA has been using and will continue to use for recycling, its white goods operations, and its household hazardous waste activities. The 2007 Lease provides SPSA with the right to use the Recycling Site for recycling, its white goods operations, and its household hazardous waste activities. 5. No Effect on Solid Waste Disposal Fees. The terms of this Agreement will have no effect on the calculation of fees charged for the disposal of yard waste or other solid waste. Disposal and other fees charged by SPSA shall be subject to SPSA's regular rate settino procedures and to the terms of the Use and Support Agreement and the August 8, 1984,_ Agreement for Disposal of Ash and Process Residue between the City and SPSA. 6. Release by SPSA. The Authority hereby releases and forever discharges the City of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages and any and all claims, demands and liabilities whatsoever of every name and nature, both at law and in equity, known and unknown, which the Authority has or has ever had whatsoever against the City for any and all actions of the City's actions, inactions, 1-756555.5 2 08/07/2007 omissions, negligence, or failures to act under the terms of the Yard Waste Facility Lease or otherwise related to the City's ownership and/or leasing of Yard Waste Site and for any claim by any third party against the Authority for any personal injury, death or property damage arising out of, resulting from or related to the operation, ownership or leasing of the Yard Waste Facilltv Site by the City. 7. Release hKIbLCity. The City hereby releases and forever discharg�s the Authority of and from all debts, demands, actions, causes of action, suits, accounts,' covenants, contracts, agreements, damages and any and all claims, demands and liabilities whatsoever of every name and nature, both at law and in equity, known and unknown, which the City has or has ever had whatsoever against the Authority for any and all of the Authority's actions, inactions, omissions, negligence, or failures to act under the terms of the Yard Waste Facility Lease or otherwise related to the Authority's operation of the Yard Waste Facility and/or its leasing of Yard Waste Site and for any claim by any third party against the City for any personal injury, death or property damage arising out of, resulting from or related to the operation or leasing of the Yard Waste Facility by SPSA. 8. No Admissi )n of Liability. The relinquishment of the respective legal rights of the Parties and the execution of this Agreement by the Parties are not to be construed as an admission of liability on the part of either Party for any matters related to the activities and transactions of the Parties respecting the leasing of the Yard Waste Site, the ownership and operation thereof, and/or the rights and duties of the Parties related thereto. It is expressly understood and agreed, as a condition hereof, that this Agreement shall not consti ute or be construed to be an admission on any part of either Party or as evidencing or indicating in any degree an admission of the truth or correctness of any claims asserted. The undersigned Parties expressly deny liability to one another, and intend merely to avoid litigation with respect to such claims. 9. Notice. Notices or other communications required under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, by national overnight courier company, or by personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Party may change its respective address for notice hereunder by like notice to the other Party to this Agreement. The notice addresses are as follows: Ihe City: City of Virginia Beach City Manager's Office Municipal Center, Bldg. 1 2401 Courthouse Drive, Suite 234 Virginia Beach, Virginia 23456 1-756555.5 08/07/2007 With a Copy to: City Attorney's Office Municipal Center, Bldg. 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 SPSA: Southeastern Public Service Authority The Regional Building 723 Woodlake Drive Chesapeake, Virginia 23320 Attn: John S. Hadfield, Executive Director With a Copy to: Willcox & Savage, P.C. 1800 Bank of America Center One Commercial Place Norfolk, Virginia 23 5 10 Attn: Anthony M. Thiel, Esquire 10. Mediation and Litigation. Any dispute, claim or controversy between the Parties arising under, out of, in connection with or relating to this Agreement, the Lease Termination Agreement or the 2007 Lease or the transactions contemplated thereby, or any course of conduct, course of dealing, statements (oral or written), or actions of any Party relating to this Agreement, the Lease Termination Agreement or the 2007 Lease, including any claim based on or arising from an alleged tort (each, a "Dispute"), shall be resolved solely in the following manner: (a) Mediation. (i) Each Party shall cause its designee to first meet with the other Party's designee and attempt to resolve the Dispute by agreement. (ii) Failing resolution, either Party may submit to the other Party a written request for non-binding mediation. Within twenty (20) days after such written request is made, the Parties shall attempt to agree on a single mediator. (iii) Mediation shall take place at the place or places and at the time or times set by the mediator, but shall not be held in public. The rules of procedure, evidence and discovery with respect to any mediation shall be as directed by the mediator. The Parties may be represented at hearings before the mediator by an attorney. (iv) The mediator's expenses shall be borne equally by the Parties. 1-756555.5 4 08/07/2007 (b) Litigation. 0) If any Dispute is not resolved by mediation as provi either Party may resort to litigation. �d above, (ii) With respect to any litigation relating to any Dispute, each Party irrevocably waives all rights to trial by jury. 11. Miscellaneous. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. This Agreement, the Lease Termination Agreement and the 2007 Lease set forth the entire agreement and understanding between the Parties with respect to the contemplated transactions and supersedes all prior agreements, arrangements and understandings regarding such transactions, but shall not change or alter in any respect the terms of the Use and Support Agreement or the August 8, 1984 Agree ent for Disposal of Ash and Process Residue between the Parties. Failure of any Party atany time or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the provision. No waiver by either Party of any condition, or the breach of any term, covenant, or condition contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed a further or continuing waiver of any term, condition or covenant, of this Agreement. Any change to this Agreement shall be made only in writing executed by the Party sought to be charged thereby. The captions and parLgraph headings are for convenience only and shall not be used in construing or enforcing any of the provisions of this Agreement. This Agreement is executed under seal. The inclusion of the word "(SEAL)" next to the signature lines below shall have the same effect as if the applicable seal were physically affixed hereto. If any period or date under this Agreement would expire or fall on a weekend or holiday, such period or date shall be extended until the first busi ess day thereafter. The terms "herein", "hereof', "hereunder", and similar references shall refer to this Agreement as a whole and not to any particular provision unless otherwise clearly stated herein. The term "include" or "including" shall mean without limitation by reason of enurneration. Words importing the singular include the plural and vice -versa, and words import ing gender include the masculine, feminine and neuter gender. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assic-Ins. [Signatures Appear on the Following Pages] 1-756555.5 08/07/2007 AUTHORITY: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA Los Attest: 1-756555.5 08/07/2007 (SEAL) John S. Hadfield, Executive Director CITY: CITY OF VIRGfNIA BEACH, VIRG 0 Attest: Approved as to form: Title: 1-756555.5 08/07/2007 James K. Spore, City Manager EAL) LEASE TERMINATION AGREEMENT THIS LEASE TERMINATION AGREEMENT (the "Termination Agreement") is made this day of August, 2007, by and between, the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (the "Tenant," the "Authority" or "SPSA") and the CITY OF VIRGINIA BEACH, VIRGINIA (the "Landlord" or the "City"). SPSA and the City are each referred to herein as a "Party" and together as the "Parties." Capitalized terms not otherwise defined herein shall have the same meanings set forth in the Settlement Agreement, as hereinafter defined. Recitals 44 A. Pursuant to that certain agreement and lease dated November 10, 200' ) (the Lease"), Landlord leased to Tenant the Yard Waste Site which is described in the Lease and shown on Exhibit A thereto, on terms and conditions set forth in the Lease. B. Pursuant to the terms of an agreement between the Parties of even date herewith (the "Settlement Agreement"), the Parties have agreed that the Tenant will cease its operations on the Yard Waste Site and will terminate the Lease in accordance with the agreements set forth in the Settlement Agreement, the 2007 Lease and this Termination Agreement. C. Landlord and Tenant have agreed to execute and deliver this Termination Agreement in furtherance of the terms of the Settlement Agreement. Agreement NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereto covenant and agree as follows: I . Termination of Lease. The Lease shall terminate on the date (the "Lease Termination Date") that is the earlier to occur of December 31, 2007 or the date when the Tenant ceases all operations on the Yard Waste Site and delivers the Yard Waste Site to the Landlord. All obligations, liabilities and rights of Landlord and Tenant under the Lease shall cease as of the Lease Termination Date, except as otherwise expressly set forth in this Termination Agreement. 2. Rents and Other Charges. Landlord and Tenant acknowledge and agree that (i) no rent, other charges or other sums or monetary amounts are due by Tenant to Landlord under the Lease and (ii) Landlord does not owe Tenant any monetary amounts or other sums under the Lease. 3. Delivery of Premises. Tenant agrees that Landlord shall have the right to Z:1 possession of the Premises effective on the Lease Termination Date. 4. Release of Claims. Landlord and Tenant, and their respective successors and assigns, each hereby remises, releases and forever discharges the other and its employees. and their respective successors and assigns, of and from any and all actions, causes of action, suits, 1-758607.4 07/27/07 proceedings, debts, sums of money, accounts, contracts, damages, and claims in la against the other existing at any time on account of, in any way incident to, arising indirectly from, or by reason of the Lease, the use and occupancy of the Premises condition of the Premises except for the following: or in equity rectly or I/or the (a) Claims, demands, actions, causes of action, and suits asserftte by third parties against Landlord and/or Tenant arising out of the use or occupancy of the Premises by the Tenant or the failure by either party to perform its obligations under the Lease during the term of the Lease through the Lease Termination Date; and (b) The obligations and duties of Landlord and Tenant under prtvisions of this Agreement. 5. Notice. Notices or other communications required under this Termination Agreement shall be in writing and shall be sent by certified mail, return receipt requested, by national overnight courier company, or by personal delivery. Notice shall be deerned give . n upon receipt or refusal to accept delivery. Each Party may change its respective address for notice hereunder by like notice to the other Party to this Agreement. The notice addresse are as follows: The Ci : City of Virginia Beach City Manager�s Office Municipal Center, Bldg. 1 2401 Courthouse Drive, Suite 234 Virginia Beach, Virginia 23456 With a Copy to: City Attorney�s Office Municipal Center, Bldg 2401 Courthouse Drive Virginia Beach, Virginia 23456 SPSA: Southeastern Public Service Authority The Regional Building 723 Woodlake Drive Chesapeake, Virginia 23320 Attn: John S. Hadfield, Executive Director 2 1-758607.4 7/27/2007 With a Copy to: Willcox & Savage, P.C. 1800 Bank of America Center One Commercial Place Norfolk, Virginia 235 10 Attn: Anthony M. Thiel, Esquire 6. Dispute Resolution. Any Dispute hereunder shall be resolved in accordance with the provisions set forth in Section 10 of the Settlement Agreement. 7. Miscellaneous. This Termination Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. This Termination Agreement, the Settlement Agreement and the 2007 Lease set forth the entire agreement and understanding between the Parties with respect to the contemplated transactions and supersedes all prior agreements, arrangements and understandings respecting the Lease. Failure of any Party at any time or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the provision. No waiver by either Party of any condition, or the breach of any term, covenant, or condition contained in this Termination Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed a further or continuing waiver of any term, condition or covenant, of this Termination Agreement. Any change to this Termination Agreement shall be made only in writing executed by the Party sought to be charged thereby. The captions and paragraph headings in this Termination Agreement are for convenience only and shall not be used in construing or enforcing any of the provisions of this Termination Agreement. This Termination Agreement is executed under seal. The inclusion of the word "(SEAL)" next to the signature lines below shall have the same effect as if the applicable seal were physically affixed hereto. If any period or date under this Termination Agreement would expire or fall on a weekend or holiday, such period or date shall be extended until the first business day thereafter. The terms "herein", "hereof', "hereunder", and similar references shall refer to this Termination Agreement as a whole and not to any particular provision unless other -wise clearly stated herein. The term "include" or "including" shall mean without limitation by reason of enumeration. Words importing the singular include the plural and vice -versa, and words importing gender include the masculine, feminine and neuter gender. This Termination Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. [Signatures Appear on the Following Pages] 3 1-758607.4 7/27/2007 WITNESS the following signatures and seals: LANDLORD: CITY OF VIRGINIA BEACH, VIR M Attest: Approved as to form: Title: 2 1-758607.4 7/27/2007 James K. Spore, City Manager (SEAL) TENANT: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA LO -M Attest: 1-758607.4 7/27/2007 John S. Hadfield, Executive Director (SEAL) DEED OF LEASE (SPSA – City of Virginia Beach, Virginia) THIS DEED OF LEASE (the "Lease") is made as of the — day of At, and between the CITY OF VIRGINIA BEACH, VIRGINIA ("Gandlord or the " SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, a political the Commonwealth of Virginia ("Tenant," the "Authority" or "SPSA"). SPSA a:. each referred to herein as a "Party" and together as the "Parties." Landlord, in consideration of the covenants and promises hereinafter performed by Tenant, does hereby lease, let and demise the real estate descri Tenant, in consideration of the covenants and promises to be performed by hereby lease from Landlord such real estate, both upon the terms, conditions an forth herein. I . Premises and Recycling -Site. Landlord leases to Tenant the portio property known as Landfill No. 2 located in Virginia Beach, Virginia (the ' consists of the 9 +/- acre parcel of land shown on Exhibit A attached hereto a hereof (the "Mulching Site"), together with a non-exclusive right of Tenant an( contractors and suppliers (the "Right of Access") to use all streets, driveways anc existing or hereafter located in the Landfill ("Roads") for truck and other vehicul from Jake Sears Road and any other public streets providing access to the Mulching Site and the Right of Access are together referred to her6in as i Landlord shall also continue to provide Tenant with the right to use for the tc Section 2 below the portion of the Landfill consisting of approximately one-half on Exhibit B attached hereto and made a part hereof (the "Recycling Site") for goods operations and hazardous waste activities as provided in Section 3 beloN the Right of Access for the Recycling Site. Landlord shall have the right to rel provided that such relocation does not unreasonably interfere with Tenant's operation of the Mulching Site and Recycling Site as described in Section 4 beloi 2. Tenn. This Lease and all rights hereunder shall be effective execution and shall end on January 24, 2018. 3. No Rent; 0 ijizipu�.qi i Luri"i - I x��j In lieu of the payment of rent, Tenant agrees to continue to receive and di Goods" (as defined on �jchedule 1) for the entire term of this Lease (the "Term") conditions set forth on Schedule I attached hereto and made a part hereof. I receipt and disposal of White Goods for Landlord, Tenant may continue to U Site for the receipt, storage, sorting, processing and disposal off site of White recyclables and household hazardous waste (collectively "Additional Activities' Lst, 2007, by ty'*) and the �bdivision of the City are ecified to be �d below and indlord, does covenants set i of Landlord's Landfill") that id made a part its customers, roadways now r access to and Landfill. The ,ie "Premises." ,m provided in icre site shown ecycling, white together with )cate the Roads iccess. use and the date of its )nal Activities. ose of "White n the terms and addition to the the Recycling oods and other 4. Use and Operation . The Mulching Site shall be used for a mul ing facility and operation involving the collection and processing of felled trees, stumps, branches and other woody materials into mulch, the coloring of the mulch and sale of the mulclk for pick up by Tenant's customers or delivery by Tenant to its customers. The Recycling Site may be used for the disposal of White Goods for the Landlord and the Additional Activities, I Ilin accordance 1-757036.7 08/0712007 with the requirements of Schedule 1, Tenant shall not be permitted to use the Premises or the Recycling Site (together, the "Property") for any purposes other than those set forth in this Lease without obtaining prior written consent from Landlord, which consent shall not be unreasonably conditioned, withheld or delayed. 5. Buildings, Fixtures and Other Property. Tenant may, at its sole cost and expense, make such changes, alterations or improvements, including the construction and installation of buildings, fixtures, equipment and other improvements to the Property (collectively "Improvements"), as Tenant may deem necessary or appropriate for the use of the Property as permitted under Section 4 above ("Permitted Use"). All Improvements located on the Property are and shall remain the property of Tenant; provided, however, that any Improvements remaining on the Property for more than sixty (60) days following the expiration of the term or earlier termination of this Lease shall become the property of Landlord. Tenant will submit construction plans for any Improvements ("Tenant's Plans") to Landlord for review and approval and obtain any required permits prior to the commencement of construction. Landlord agrees that its approval of Tenant's Plans in its capacity as lessor shall not be unreasonably withheld, conditioned or delayed. Within forty-five day (45) days following receipt of any Tenant's Plans, Landlord in its capacity as lessor shall either (i) approve Tenant's Plans in writing or (ii) notify Tenant in writing of any reasonable modifications Landlord requires to Tenant's Plans. If Landlord advises Tenant in writing that reasonable modifications are required and Tenant submits modified Tenant's Plans, then Landlord will within twenty (20) days either (i) approve in writing the modified Tenant's Plans or (ii) notify Tenant in writing of further reasonable modifications Landlord requires to Tenant's Plans. This process shall continue until Tenant's Plans are approved (or deemed approved) by Landlord. If Landlord fails to respond within the initial forty-five day (45) period or any subsequent twenty (20) day period, then Landlord will be deemed to have approved Tenant's Plans as then existing. Notwithstanding the foregoing, however, construction of improvements shall also be subject to all approvals required for the issuance of any necessary permits. Landlord agrees to act expeditiously in conducting its permit review. 6. Maintenance, Repair and Alterations. (a) Landlord agrees to maintain and repair the Roads so that they are usable by Tenant and its customers, contractors and suppliers. Landlord will operate and maintain the Landfill in a safe condition and in compliance with all applicable federal, state and local laws and regulations ("Laws"). (b) Tenant shall maintain the Property and all Improvements in a safe condition in compliance with all Laws and shall conduct all of its operations in accordance with accepted management practices and make any alterations in conformity with all Laws. 7. Taxes and Utilities. (a) While both Landlord and Tenant are currently exempt from the payment of state and local taxes, the Parties agree that Tenant (or any approved assignee or subtenant) shall be responsible for the payment of any taxes that may become due by reason of the use and occupancy of the Property if at any time any such tax is assessed, levied or imposed upon Tenant 2 1-757036.7 08/07/2007 or any such assignee or sub -tenant. if taxes are assessed against the Landfill, pay its pro -rata share of such taxes based upon the ratio that the area of the Pr( total area of the Landfill. if taxes are assessed against the improvements, T( such taxes. Tenant shall bears to the shall pay all (b) Landlord agrees to provide at no cost to Tenant such easements as are necessary to provide electric power, water and sewer services ("Utilities") to the Property. All Utilities providing service to the Property shall be separately metered and Tenant shall pay promptly when due all fees charged for the use of these Utilities including all service fees, deposits, tap fees and any other connection, hook up and other use fees and harges related thereto. I 8. Insurance. Tenant shall maintain during the Tenn commercial � insurance, including personal injury and property damage, in the follo) $2,000,000-00 total and $1,000,000.00 per occurrence. The insurance poll Landlord as an additional insured and shall provide that such insurance shall n unless thirty (30) days prior written notice is given to Landlord. Tenant shall dell a certificate of such insurance. To the extent required by law, Tenant shat worker's compensation or similar insurance. All insurance coverage required un 8 shall be maintained by Tenant at its sole expense and Tenant shall pay prompt premiums for such insurance. 9. Quiet Possession qnd Title. Provided that Tenant is not in dc provisions of this Lease beyond applicable cure periods, Landlord covenants tl have and enjoy during the Term quiet and peaceable possession of the Propert terms and provisions of this Lease, free of molestation by Landlord. Landlord fu represents and warrants that it is the o . wrier in fee simple of the Landfill and that 1 permit or other approval by the City is required for Tenant to use the Property f Use. 10. Memorandum of Lease. This Lease shall not be recorded. HoNN agree that upon request, either will execute a memorandum of lease in the form I applicable Virginia statute which will include the commencement date and expii Term. Either Party may record such memorandum of lease in the land re( expense. 11. Assignment and Subletting. (a) Tenant shall not have the right to assign, mortgage, encumber this Lease or sublet (or grant other occupancy rights to) the Pi "Transfer"; collectively, "Transfers"), without the prior written consent of consent shall not be unreasonably delayed, conditioned or withheld. Under r shall Tenant assign less than its full interest in the Lease or sublet less than the ei (b) Landlord's consent to one or more assignments or suble� deemed to waive the requirement that Landlord's consent be obtained for assignment or subletting. 3 1-757036.7 08/07/2007 =ral liability ing, amounts: y shall name t be cancelled er to Landlord also maintain er this Section i when due all �ult under the it Tenant shall , subject to all ther covenants, c) rezoning.. use r the Permitted the Parties ribed by the i date of the at its own hypothecate or emises (each a I -andlord which [) circumstances tire Premises. Os shall not be any subsequent (C) Tenant agrees that Landlord may reject any proposed Transfer requiring Landlord's approval that fails to satisfy any or more of the following requirements: (1) the financial strength of the proposed Transferee must be at least equal to that of the existing Tenant (both as of the commencement date of this Lease and as of the date of the proposed Transfer) and the financial strength of the proposed Transferee must be at such level that Landlord would generally approve the proposed Transferee as a tenant without regard to the continued liability of Tenant; (2) the business reputation of the proposed Transferee must be in accordance with generally acceptable commercial standards; (3) the proposed Transferee must be experienced in operation of businesses in accordance with the use proposed by the Transferee and be licensed and capable of performing the solid waste disposal activities authorized hereunder; (4) the use of the Property by the proposed Transferee must comply in all respects with Section 4 of this Lease and must not breach or violate any applicable Laws or any covenants, restrictions or agreements affecting the Premises or Landlord; (5) no outstanding defaults exist under this Lease; and (6) such other standards as are then commercially reasonable at the time of the proposed Transfer in Landlord's business discretion. (d) Each and every assignee shall be required to assume the obligations of Tenant under this Lease by written agreement of which Landlord is a beneficiary. Each and every subtenant shall be required to execute an agreement to continue or terminate its sublease, at Landlord's option, in the event of any termination of this Lease prior to the expiration of the then current Tenn, and such subtenant agrees to recognize and attorn to Landlord if Landlord elects to continue such sublease. No sublease or other occupancy agreement shall be permitted to be assigned or shall provide for further subletting or other grants of occupancy rights. Upon Landlord's (or any successor Landlord's) sale or conveyance of the Premises and assignment of this Lease to the transferee, Landlord (or any successor Landlord) shall be released from its obligations under this Lease, except for liability accruing prior to such sale or conveyance. Permitted Use. (e) No Transferee shall occupy or use the Property for any purpose except the 12. Force Majeure. Either Party shall be excused from performance and shall be relieved of liability to the other to the extent that the Party's failure to perform is caused by an act of force majeure. "Force majeure" shall mean any cause beyond the control and without the fault or negligence of a Party, including, but not limited to, acts of God, terrorists or other public enemy, acts of government (other than an act of the Party asserting force majeure), weather conditions (including tornadoes, hurricanes and other storms), fires, floods, epidemics, quarantine restrictions, or strikes affecting material or equipment suppliers of sole -source providers of the Party. A Party whose performance is affected by an act of force majeure shall use commercially reasonable due diligence to remedy the failure to perform. 13. Default. The happening of any one or more of the following events ("Events of Default") shall constitute a default and a breach of this Lease for which Landlord shall have the remedies set forth in Section 14 below: (a) The failure of Tenant to perform or diligently proceed to perform any of the other covenants, conditions or provisions of this Lease within thirty (30) days after written notice from Landlord of such failure. However,, if the default cannot reasonably be cured within 4 1-757036.7 08/07/2007 said thirty (30) day period and if Tenant shall have diligently taken all reasonable d necessary action to cure the default within said thirty (30) day time period, no Event of Default shall be deemed to occur if Tenant proceeds to remedy the default promptly and diligently and if the default is remedied within ninety (90) days after such written notice. (b) The abandonment of the Premises. (c) The appointment of a receiver for the property of Tenant, if such appointment is not terminated within sixty (60) days; or the levy of execution or other taking of property, assets or the leasehold interest of Tenant by process of law or in satisfaction of any judgment, debt or claim, if such levy or other taking is not satisfied or dismissed within thirty (30) days. 14. Remedies Upon Default. Upon the occurrence of one or more Events of Default by Tenant, Landlord shall have the following remedies: (a) Landlord may proceed as it deems advisable to enforce the provisions of this Lease at law or in equity. (b) Landlord at any time thereafter may, at its option, terminate this Lease by giving Tenant at least thirty (30) days' advance written notice of the date the Term shall end, and Tenant will then quit and surrender the Premises to Landlord, but Tenant shall remain liable under this Lease as provided in this Section 14. (c) Landlord may re-enter the Premises and may repossess the Premises. Such re-entry and/or repossession may be effected by summary proceedings, ejectment or otherwise. Upon such -re-entry or repossession, Landlord may dispossess Tenant and may remove Tenant from the Premises without further notice to Tenant. Tenant waives any right to notice of Landlord's intention to re-enter and waivers any right to re-enter the Premises or restore the operation of this Lease provided for by any present or future law. (d) Regardless of the remedy(ies) chosen by Landlord, Ten shall in any event reimburse Landlord for all costs and expenses (including reasonable 7tttomeys' fees) incurred by Landlord as a result of Tenant's default. (e) In the event of Tenant's failure to perform or satisfy 4ny covenant or obligation of Tenant under this Lease (regardless of whether such failure constitutes an "Event of Default" under this Lease), Landlord shall have the right (in addition to the foregoing remedies of Landlord under this Section 14) to perform such covenant or obligation (i) if no emergency exists, after giving thirty (30) days notice to Tenant and provided Tenant has not commenced to cure the default within the thirty (30) day period and thereafter is diligently pros cuting the same to completion, and (ii) in an emergency situation, immediately upon giving such prior oral or written notice to Tenant, if any, as is practicable given the nature of the emergency (otherwise Landlord shall give Tenant written notice as soon thereafter as is practicable). Upon receipt of a billing for the costs and expenses incurred hereunder by Landlord, Tenant shall reimburse Landlord for such amounts. I 5 1-757036,7 08/07/2007 15. Notice. Notices or other communications required under this Lease shall be in writing and shall be sent by certified mail, return receipt requested, by national overnight courier company, or by personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Party may change its respective address for notice hereunder by like notice to the other Party to this Lease. The notice addresses are as follows: The City: City of Virginia Beach City Manager's Office Municipal Center, Bldg. 1 2401 Courthouse Drive, Suite 234 Virginia Beach, Virginia 23456 With a Copy to: City Attorney's Office Municipal Center, Bldg. 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 61 &"., Southeastern Public Ser -vice Authority The Regional Building 723 Woodlake Drive Chesapeake, Virginia 23320 Attn: John S. Hadfield, Executive Director With a Copy to: Willcox & Savage, P.C. 1800 Bank of America Center One Commercial Place Norfolk, Virginia 23 5 10 Attn: Anthony M. Thiel, Esquire 16. Mediation and Litigation. Any dispute, claim or controversy between the Parties arising under, out of, in connection with or relating to this Lease, or the transactions contemplated thereby, or any course of conduct, course of dealing, statements (oral or written), or actions of any Party relating to this Lease including any claim based on or arising from an alleged tort (each, a "Dispute"), shall be resolved solely in the following manner: 4:1 (a) Mediation. 6 1-757036,7 08/07/2007 (i) Each Party shall cause its designee to first meet with the other Party's designee and attempt to resolve the Dispute by agreement. (ii) Failing resolution, either Party may submit to the other Party a written request for non-binding mediation. Within twenty (20) days after such written request is made, the Parties shall attempt to agree on a single mediator. (iii) Mediation shall take place at the place or places and at the time or times set by the mediator, but shall not be held in public. The rules of procedure, evidence and discovery with respect to any mediation shall be as directed by the mediator. The Parties may be represented at hearings before the mediator by an attorney. (iv) The mediator's expenses shall be borne equally by the Parties. (b) Litigation. (i) If any Dispute is not resolved by mediation as provided above, either Party may resort to litigation. (ii) With respect to any litigation relating to any Dispute, each Party irrevocably waives all rights to trial by jury. 17. 5urrender. Upon expiration or sooner termination of the Lease, Tenant will quit and surrender possession of the Premises quietly and peaceably and in as good order and condition as the same were at the inception of Term, consistent with Tenant's permitted use of the Premises and reasonable wear, tear and damage by the elements or by Landlord excepted. 18. Miscellaneous. This Lease shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. This Lease sets forth the entire agreement and understanding between the Parties with respect to the transactions hereunder and supersedes all prior agreements, arrangements and understandings with respect to such transactions, but does not change or alter in any respect the terms of the City's August 8, 1984 Use and Support Agreement with SPSA or the August 8, 1984 Agreement for Disposal of Ash and Process Residue between the Parties. Failure of any Party at any time or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the provision. No waiver by either Party of any condition, or the breach of any term, covenant, or condition contained in this Lease, whether by conduct or otherwise, in any one or more instances, shall be deemed a further or continuing waiver of any term, condition or covenant, of this Lease. Any change to this Lease shall be made only in writing executed by the Party sought to be charged thereby. The captions and paragraph headings are for convenience only and shall not be used in construing or enforcing any of the provisions of this Lease. This Lease is executed under seal. The inclusion of the word "(SEAL)" next to the signature lines below shall have the same effect as if the applicable seal were physically affixed hereto. If any period or date under this Lease would expire or fall on a weekend or holiday, such period or date shall be extended until the first business day thereafter, The terms "herein", "her i cof", "hereunder", and similarl references shall refer to this Lease as a whole and not to any particular provision unless otherwise clearly stated herein. The term "include" or "including" shall mean without limitation by reason of enumeration. Words importing the singular include the plural and vice -versa, and words 7 1-757036.7 08/07/2007 importing gender include the masculine, feminine and neuter gender. This Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. [Signatures Appear on Following Pages] 8 1-757036.7 08/07/2007 WITNESS the following signatures and seals: LANDLORD: CITY OF VIRGINIA BEACH, VIRGINIA By:_ Name: Title: Approved as to form: Title: 1-757036.7 08/07/2007 I TENANT: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA By:_ Name: Title: 10 1-757036.7 08/07/2007 (SEAL) Schedule I of A. Tenant, for and during the Term, agrees to receive and dispose of "White Goods" from the City and any resident located therein ("Beneficiaries") at no cost, on the terms and conditions set forth in this Schedule 1. For purposes of this Lease, "White Goods" shall mean and include appliances of the type commonly known and referred to as white goods, including but not limited to refrigerators, freezers, window and central air conditioners, stoves, washers, dry prs, hot water heaters and dishwashers. White Goods shall not include televisions, microwaves, radios, stereo equipment, computer monitors or other computer equipment except with Tenant's approval. B. Landlord grants to Tenant the right to connect to all Utilities at or to the Recycling Site. Tenant shall be solely responsible for the costs of maintaining and operating the Recycling Site for the collection and disposal of White Goods and for the Additional Activities. Tenant shall determine the hours of operation and any other policies or rules governing the use and operation of the Recycling Site. C. The Recycling Site shall be available to receive White Goods delivered by Beneficiaries only during hours of operation established by Tenant, but no less than Tenant shall have no responsibility for the collection of White Goods or for their delivery to the Recycling Site. Tenant may in its sole discretion accept in connection with its Additional Activities the following ("Other Materials"): (i) White Goods from parties other than the City and (ii) from the City, other localities and other parties, recyclables (in addition tol White Goods), household hazardous waste, used oil, lead acid and rechargeable batteries and compressed gas cylinders. SPSA may fix and determine policies and procedures, including fees, for the receipt of Other Materials, provided that the Recycling Site remains available for deliveries of White Goods from Beneficiaries. Tenant shall be responsible for determining the materials that will be accepted at the Recycling Site. Except as authorized in this Lease, Tenant may expand the servicing operation or utilize the Recycling Site for other purposes only with the approval of Landlord. D. Tenant shall remove and properly dispose of White Goods and Other Materials received at the Recycling Site in accordance with all Virginia Department of Environmental Quality requirements. Tenant shall determine the frequency with which it removes material from the danoerous, Recycling Site for disposal, but shall prevent any accumulation of material that is Z -- unreasonable, or that impairs use and operation of the Recycling Site for acceptance of White Goods from Beneficiaries. Tenant shall remove freon and any other gasses or malerials required by law or sound environmental practice to be removed from White Goods prior to disposal, and shall dispose of all White Goods and Other Materials in an environmentally resp risible manner. Tenant shall be solely responsible for the costs of disposing of the White Goods and Other Materials, and any components of them, and shall be entitled to retain any proceeds of that disposal, including, but not limited to, the proceeds from the sale or other disposal of metals, gasses, and other products. I I Error! JInknown document property name. 08/08/2007 E. The term "White Goods" shall not include, and Tenant shall not be required to receive or accept for disposal, any material that is classified as hazardous waste under any local, state or federal law or regulation in effect during the term of this Lease. Tenant may accept and dispose of household hazardous waste materials received in connection with its Additional Activities. Hazardous waste that is not White Goods or Other Materials is referred to herein as "Prohibited Hazardous Waste." Landlord and Tenant agree to cooperate fully, and to use reasonable efforts, to prevent the delivery of Prohibited Hazardous Waste to the Recycling Site. If Tenant discovers Prohibited Hazardous Waste and is unable to reasonably identify the source of that waste, Tenant shall take all steps necessary and appropriate for the containment thereof in a safe and reasonable manner. Tenant shall promptly notify Landlord by telephone and in writing if any Prohibited Hazardous Waste comes on to the Recycling Site. Landlord shall be responsible for the safe removal and disposal of any Prohibited Hazardous Waste delivered by Beneficiaries. Tenant shall be relieved of its obligations under this Schedule I to the extent that the Recycling Site is rendered inoperable or Tenant's performance is otherwise prevented by the presence, containment or removal of Prohibited Hazardous Waste. 12 Error! Unknown document property name. 08/08/2007 L. PLANNING Application of JOSEPH and FAYE MATYIKO for the exp� Use at 3257 Shady Pines Lane to construct an addition to an DISTRICT 7 — PRINCESS ANNE. RECOMMENDATION of a Nonconformin2 Lg duplex. DEFER TO AVGUST 28, 2007 2. Application of BARNETT K. THOUROGOOD for the e: Use at 121 Butts Lane to make needed improvements to an two storage units. DISTRICT 6 — BEACH RECOMMENDATION 3. 17ariance to §4.4(b) of the Subdivision Ordinance that requires nev the requirements of the City Zoning Ordinance (CZO) in regard to Subdivision Ordinance, Subdivision for PYONG TU CHO, at 121 Road to subdivide the existing lot into two lots and develop the family dwelling. (deferred by City Council on January 9, 2007) DISTRICT 5 — LYNNHAVEN. RECOMMENDATION 4. Application of BELIEVER'S HOUSE WORLD WIDE MV� Conditional Use Permit re a church and child care education 544 Newtown Road, Suite 136. DISTRICT 4 — BAYSIDE RECOMMENDATION of aAonconLorming structure and adding OVAL y created lots meet all trtain elements of the � North Inlynnview ,ew lot with a single DENIAL ES for a (private school) at APPROVAL 5. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit re motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard (referred back to the Planning Commission on April 24, 2007). DISTRICT 2 — KEMPSVILLE RECOMMENDATION 6. Application of HENRY C. SCOTT for a Conditional Use facility of an outdoor nature (skateboard ramp) at 2425 DISTRICT 7 — PRINCESS ANNE RECOMMENDATION 7. Application of RICHARD F. ROBERTSON for a Change of Classification from B-2 Community Business District to R-20' 5536 and 5544 Parliament Drive to make the zoning of the pro] the existing residential use. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL re a recreational - Court APPROVAL , District ntial District at consistent with APPROVAL 8. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change ofZoning District Classification from R-51) Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 — BEACH RECOMMENDATION DEFER TO SEPTEMBER 11, 2007 9. Application of AGC ACQUISITION, L.L.C. for a Change ofZoning District Classification from AG -2 Agricultural District to Conditional B-4 Mixed Use District at 1291 Nimmo, Parkway to develop a strip retail center and multi -family dwellings (indefinitely deferred by City Council on July 10, 2007). DISTRICT 7 — PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL 10. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a Chanize ofZoninz District Classilication from R-7.5 Residential District to Conditional A-12 Apartment District on the east side of Zurich Arch south of 1-264 re the construction of a ten (10) unit residential condominium. DISTRICT 3 — ROSE HALL RECOMMENDATION INDEFINITE DEFERRAL 11. Application of PRINCESS ANNE COUNTRY CLUB, INC. for a Modijlcation of Conditions placed upon a change in a Nonconforming Use (approved by City Council on March 12, 199 1) at 3 800 Pacific Avenue for a request to allow three of the outdoor tennis courts to be enclosed with an air -supported structure on a seasonal basis December 1 through March 31. DISTRICT 6 — BEACH RECOMMENDATION rfly.," 12. An Ordinance to AMEND Section 200 of the City Zoning Ordinance (CZO) by establishing minimum setbacks from certain bodies of water for single family and duplex dwellings. RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City Of Virginia Beach will be held in the Council Charriber o! th� City Hall Building, Municipal Center, Virginia Beach, Virginia, or Tuesday, August 14, 2007 at 6:00 P.M., at which time the following applications will be heard: Ordinance to Amend Section 200 of the City Zomng Ordinance by Establishing Minimum Setbacks from Cerlam Bodies of Water for Residential Dwellirgs DISTRICT 7 - PRINCESS ANNE Joseph Matyiko & Faye Matyiko Application: Expansio pf a Nonconforming Use at 3257 Shady Pines Lane ,GPIN 1483732667). Henry C. Scott Application: Conditional Use Permit for z recreational facility of an outdoor nature (skateboard ramp) at 2425 Melstone Court (GPIN 2404677636). AiCUZ;s 65 to 70 c1B DNL. AGC Acquisition, L.L.C. Application: Change of Zonin District Classification from AG -2 Agricultural District to Conditional B-4 Mixed Use District at 1291 Nimmo Parkway iGPIN 2414161683). The Comprehensive Plan recommends use of this site for neighborhood office and single-family residential uses. The purpose of this rezoning is to develop a strip retail center and multi- family dwellings. AICUZ is 65 to 70 dB Ldn. DISTRICT 5 - LYNNHAVEN Appeal to Decisions of Administrative Officers in regarc to certain elements of the Subdivision Ordinance. Subdivision for Pyong Tu Cho, at 121.2 North Inlyrinview Road (GPIN 1498459841). Deferred by City Council on January 9, 2007. DISTRICT 6 - BEACH Princess Anne Country Club, Inc. Application: Modification of Conditions placed upon a Change in Nonconforming Use for a request approved by City Council on March 12, 1991 at 3800 Pacific Avenue lGPIN 2418942388). Joanne S. Ferrell & Edith Johanna Smith Applicatior Change of Zoning District Classification from R-51) Residential District to Conclitonal B-2 Community Business District at 213 and 217 Louisa Avenue (GPINS 2407856101: 2407856107). The Comprehensive Plai designates this site as being within 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 rezoning is to enlarge the existing B-2 zoning to the west into the adjacent area within Accident Potential Zone 1. AICUZ is Greater than 75 dS Ldn AND Accident Potential Zone 1. Barnett K. "Karl" Thourogood Application: Expansion o a Nonconformina Use at 121 Butts Larve (GPIN 2417533592). DISTRICT 4 - BAYSIDE Beiiever's House World Wide Ministries Application Conditional Use Permit for a church and pr!vate school i -,t 544 Newtcwn Road, Suite 136 (GPIN 1468303340). AICUZ is Less Than 65 clB DNL. DISTRICT 2 - KEMPSVILLE Richard F. Robertson Application: Change of Zonin District Classification from B-2 Community Business District to R-20 Residential District at 5536 and 5544 Parl;amenr Drive (GPINs 1467232861: 1467233789). The Comprehensive Plan designates this site as being .4 ithin -he Primary Residential Area, suitable fo appropriately located suburban residential and nom residential uses consistent with the policies of the Comprehensive Plan. The purpose of this rezoning is to make the zoning of the property consistent with the exist;ng residential use. AICUZ is Less Than 65 clB DNL. Checkered Rag Motor Car Company Application: Conditional Use Permit for motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard (GPiN 14677622741. AICUZ is Less than 65 clB Ldn. All mterested citizens are invited to attend. —2 Rut.� Hodges Fraser, MMC City Clerk Copies of the popcsed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at hftp://www.vbgov.com/ For information call 385-4621. if you arc physically disabled or visually Impaired and reed assistance at this meeting, please call the CITY CLERK'S OFIFICE at 385-4303. B, a -:C:1 j."d 29 & A�g CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing the Enlargement of a Nonconformin%,Use on property located at 3267 Shady Pines Lane. DISTRICT 7 — PRI CESS ANNE MEETING DATE: August 14,2007 Background: The applicant requests approval of the construction of an addition to an existing duplex located on an existing parcel, zoned AGA and AG -2 Agricultural. Duplexes are not permitted uses in the Agricultural districts, and thus, the duplex is non -conforming. City Council approval is necessary to allow any modification to the building. 0 Considerations: Staff's evaluation of this request is not complete, and thus a deferral for two weeks is requested. The applicant is aware of the deferral. 0 Recommendations: Deferral to August 28 is recommended. Attachments: Location Map Recommended Action: Deferral to August 28. Submitting DepartmentfAgency: Planning Department City Manage��r AX- r 'T Ac iP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property located at 121 Butts Lane (GPIN 2417533592). DISTRICT 6 — BEACH. MEETING DATE: August 14, 2007 Background: The existing multi -family residential structure located on the site was constructed in 1940, before there was any zoning in Princess Anne County or the Town of Virginia Beach. There are four (4) dwelling units in the structure. The R-7.5 Residential District permits single-family dwellings, and does not permit multi- family dwellings; therefore, the structure is considered nonconforming and any alterations to the structure require approval by City Council. Considerations: The applicant is requesting modification of the structure by replacing the existing flat roof of the building with an A -frame, gable roof. The applicant also desires to install two 8 -foot by 12 -foot (8'xl 2') storage units along the rear (eastern) side of the building. The two storage units will be evenly divided to create four for use by each dwelling unit. The applicant has already installed new windows and doors on the building, and is in the process of installing vinyl siding on the northern, eastern, and southern exterior walls of the building. The site is in an AICUZ of more than 75 dB Ldn and an Accident Potential Zone (APZ) 11 surrounding NAS Oceana. Residential dwellings are not compatible within this AICUZ and APZ; however, the dwellings have existed for more than a half -century and no increase in density is being proposed by this application. The applicant is merely requesting permission to make needed improvements to the existing structure. Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff concludes that the proposed alteration to the roof and the addition of storage units for the use of the existing residents is reasonable, will have a minimal impact, and is as appropriate to the district as the existing non- conforming use. The request is acceptable as submitted with the conditions below. Barneft K. "Karl" Thourogood Page 2 of 2 1. The applicant shall install a 5/12 pitched gable roof as depicted on the submitted elevations. The elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The applicant may install two 8 -foot by 12 -foot (8'xl2') storage units to be used for the residents of the multi -family structure. The storage units shall meet minimum 30 -foot front yard setback and five-foot rear and side yard setbacks. 3. The applicant shall install a minimum of four parking spaces on the site. The spaces shall be arranged so that any automobile may enter and exit the parking space without requiring moving of another vehicle. Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Staff recommends approval. Submitting Department/Agency: Planning Department it City Manageg:� � L 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 121 BUTTS LANE, BEACH DISTRICT 4 WHEREAS, Barnett K. "Karl" Thourogood (hereinafter the "Applicant"), has made 5 application to the City Council for authorization to enlarge a nonconforming use with the 6 alteration of a roof line and the addition of storage sheds on a multi -family structure on a 7 certain lot or parcel of land having the address of 121 Butts Lane, in the R-7.5 8 Residential District; and 9 which is 10 WHEREAS, the said use is nonconforming, as it is multi -family structure 11 not presently allowed in the R-7.5 Residential District. This dwelling was constructed 12 prior to the adoption of the Princess Anne County or Town of Virginia Beach Zoning 13 Ordinance; and 14 nce, the 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordina 16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 17 City Council authorizing such action upon a finding that the proposed use, as enlarged, 18 will be equally appropriate or more appropriate to the zoning district than is the existing 19 use; 20 CITY OF 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 22 VIRGINIA BEACH, VIRGINIA: 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing use. 25 VIRGINIA 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 27 BEACH, VIRGINIA: 28 That the proposed enlargement of the multi -family dwelling is hereby authorized, 29 upon the following conditions: 30 31 1. The applicant shall install a 5/12 pitched gable roof as depicted on the 32 submitted elevations. The elevations have been exhibited to the Virginia 33 Beach City Council and are on file in the Planning Department. 34 2. The applicant may install two 8 -foot by 12 -foot (8'xl2') storage units to be 35 used for the residents of the multi -family structure. The storage units shall 36 meet minimum 30 -foot front yard setback and five-foot rear and side yard 37 setbacks. 38 3. The applicant shall install a minimum of four parking spaces on the site. 39 The spaces shall be arranged so that any vehicle may enter and exit the 40 parking space without requiring moving of another vehicle. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the_ day of 43 August, 2007. AP JaVED k TO TENT: APPROVED AS TO LEGAL INN& S Plannind Cit� Attorney's Office CAl 0469 R-1 August 1, 2007 BARNETT K. "KARL" THOUROGOOD August 14, 2007 City Council Meeting Staff Planner: Faith Christie REQUEST: Modification of a Nonconforming Use for the roof of a nonconforming four -unit buill ADDRESS / DESCRIPTION: Property located 121 Butts Lane GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24175335920000 6 - BEACH 11,500 square feet SUMMARY OF REQUEST The existing multi -family residential structure located on the site was constructed in 1940, before there was any zoning in Princess Anne County or the Town of Virginia Beach. There are four (4) dwelling units in the structure. The R-7.5 Residential District permits single-family dwellings, and does not permit multi- family dwellings; therefore, the structure is considered nonconforming and any alterations to the structure require approval by City Council. The applicant is requesting modification of the structure by replacing the existing flat roof of the building with an A -frame, gable roof. The applicant also desires to install two 8 -foot by 12-fodt (8'xl2') storage units along the rear (eastern) side of the building. The two storage units will be evenly divided to create four for use by each dwelling unit. The applicant has already installed new windows and doors on the building, and is in the process of installing vinyl siding on the northern, eastern, and southern exterior walls of the building. Barnett K. "Karl" Thourogood August 14, 2007 City Council Meeting Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: A structure containing four (4) dwelling units and a portion of a single-family dwelling occupies the site. SURROUNDING LAND North: * Single-family dwellings / R-7.5 Residential USE AND ZONING: South: * Butts Lane 0 Across Buffs Lane are single-family dwellings / R-7.5 Residential East: 0 Single-family dwellings / R-7.5 Residential West: 0 Single-family dwellings / R-7.5 Residential NATURAL RESOURCE AND The site is grassed. There are no natural resources or cultural features CULTURAL FEATURES: associated with the site. AICUZ: The site is in an AICUZ of more than 75 dB Ldn and an Accident Potential Zone (APZ) 11 surrounding NAS Oceana. The applicant is requesting permission to make needed improvements to an existing structure and is not increasing density or changing use. IMPACT ON CITY SERVICES There is no impact to City services. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The proposed alteration to the roof and the addition of storage units for the residents is reasonable, will have a minimal impact, and is as appropriate to the district as the existing non -conforming use. The request, therefore, is acceptable as submitted with the conditions below. CONDITIONS 1. The applicant shall install a 5/12 pitched gable roof as depicted on the submitted elevations. The elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Barnett K. "Karl" Thourogood August 14, 2007 City Council Meeting Page 2 2. The applicant may install two 8 -foot by 12 -foot (8'xl 2') storage units to be used for the residents of the multi -family structure. The storage units shall meet minimum 30 -foot front ya setback and five-foot rear and side yard setbacks. rI 3. The applicant shall install a minimum of four parking spaces on the site. The spaces shall be arranged so that any automobile may enter and exit the parking space without requiring moving of another vehicle. 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. Barnett K. �"Karl" Thourogood August 14, 2007 Ci Council Meeting Page 3 AERIAL OF SITE LOCATION Barnett K. "Karl" Thourogood August 14, 2007 City Council Meeting Page 4 APRIL 1Z 3W lode h"s aod tow Ak of th. PLO to. b.dd..S. .4-4 $,g�d: Oro%. -C Qp P, W.C1*411 %Xi *I&#- b�44-gs o. ike No U- 0 1171 4jvo S MOW OR A-0ftwxy REMAINING Evjw a 57 j 0 ft. 30, 4r. ". ar w ONE STORY FROANE DINO.. z 1W4K REMAINING PORTION OF LOT 5 sic U- 0 z REMAINING LL 0 57 LOT 6 0 b - I z Uj sic 1w BUTTS om LANE PHYSICAL SURVEY OF REAWNING POR'nON OF LOT 5 AND 6, DOUGLAS PARK FOR (IdL&7.ftWZpW1 BARNETr K THOUROGOOD VIRGINtA BEACH. VIRGINIA SCALE: V - 2V APW 17 2W JOHN E. SIRINE AND ASSOCIATES, LTD. SU;IVEYORS - ENGINEERS - PLANNERS VIAGINIA BEACH. ViRGIPQA SITE SURVEY Barnett K. "Karl" Thourogood August 14, 2007 City Council Meeting I Page 5 LL 0 z 0 z Uj sic 1w BUTTS om LANE PHYSICAL SURVEY OF REAWNING POR'nON OF LOT 5 AND 6, DOUGLAS PARK FOR (IdL&7.ftWZpW1 BARNETr K THOUROGOOD VIRGINtA BEACH. VIRGINIA SCALE: V - 2V APW 17 2W JOHN E. SIRINE AND ASSOCIATES, LTD. SU;IVEYORS - ENGINEERS - PLANNERS VIAGINIA BEACH. ViRGIPQA SITE SURVEY Barnett K. "Karl" Thourogood August 14, 2007 City Council Meeting I Page 5 on m I Zc L#--K-:OT -OW VZ "Z)N XUA S�UIIIV(0*41 k�)J: Barnett K. "Karl" Thourogood August 14, 2007 City Council Meeting Page 6 U -i 0 1z LL mol, I lit j; I E3C= r= DEZ) r6= < >1 CIL U. -'�j lic ;4v=:0T -;aw vc (,Cw T499-L3G-"Si *:)N 9iiCii'virciml -W.L0311todu ki Wz6j PROPOSED BUILDING ELEVATION Barnett K August 14, 2007 C arl" Thourogood Council Meeting Page 7 1. 1 ' 4/22/' 4/22/03 g2.2/10/98 Conditional Use Permit (Church) Rezoning (R-10 Residential to 1-1 Light Industrial) -Approved Approved im] 3. 2/27/89 Rezoning (R-1 0 Residential to 1-1 Light Industrial) Approved 4. 6/26/01 Reznninq 'R — Residential to B-1 Business) Approved 1 5. 2/13/07 Subdivision Variance Approved 6. 8/8/06 Conditional Use Permit (Church) Approved 7. 10/24/06 Rezoning (R-10 Residential and F1 Light Industrial to Approved Conditional 1-1 Light Industrial) ZONING HISTORY Barnett K. "Karl" Thourogood August 14, 2007 City Council Meeting Page 8 NOUVIIEV ISa 9NIMOINOT z LJ F— U) LLI D (n 0 S 0 z LLJ L; Ln 0 2 N A5 LLI C 2.1- A N. 6 cz Ell -1. 76 tr 30: E B 0 Lr C E M LE 'k '0 0 2 N 0 T U'V3111MV aSa DNIWUOJN030NON DISCLOSURE STATEMENT Barnett K. �"Karl" Thourogood August 14, 2007 Ci Council Meeting Page 9 LLI C 7 30: 21, Lr C zf 0 T U'V3111MV aSa DNIWUOJN030NON DISCLOSURE STATEMENT Barnett K. �"Karl" Thourogood August 14, 2007 Ci Council Meeting Page 9 -49 - Item V-L.Z PLANNING iTEM # 55984 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Councii DEFERRED INDEFINITELY _Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for PYONG TU CHO at 1212 North Inlynnview Road to subdivide the existing two lots and develop a new lot for a single family dwelling. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Pyong Tu Cho - Property is located at 1212 North In�mnview Road (GPIN 1498459841). DISTRICT 5 — LYNNHA VEN 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 Gpin 1498-45-9841 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Pyong Tu Cho. Property is located at 1212 North lnlynnview Road (GPIN 1498459841). DISTRICT 6 — LYNNHAVEN MEETING DATE: August 14,2007 E Background: The existing lot has 1.79 acres, a lot width of 187.07, and is zoned R-40 Residential District. There is an existing single-family house located on the lot. The lot is impacted by the Chesapeake Bay Preservation Area, Resource Protection Area. The applicant has obtained approval from the Chesapeake Bay Board for the construction activity proposed with this proposal. The City Council indefinitely deferred this application on January 9, 2007, at the request of the applicant. The applicant has now requested that the matter be returned to the City Council for consideration. The applicant has submitted a revised subdivision plat (page 7 of attached report) that reduces the size of the proposed house shown on the parcel from 5,200 square feet to 4,200 square feet. The applicant has also submitted letters of support and a petition of support for the proposal. E Considerations: It is the intent of the applicant to subdivide the existing lot into two lots and develop the new lot with a single-family dwelling. The lot that will contain the existing house lacks the required lot width of 125 feet. According to the submitted plat, the lot has a width of only 25.04 feet. Evaluation of this request reveals that the applicant has not met the criteria listed in Section 9.3 of the Subdivision Ordinance for a variance. Application of the existing ordinances and regulations produces no undue hardship upon the site. The site can still be used and or redeveloped in accordance with the current ordinances and regulations. The existing lot shares the same topographical characteristics as other lots within the area and thus, this is not a valid reason for granting the variance. The existing neighborhood will be adversely affected with the introduction of lots smaller in size than those currently existing on the waterside of the street. While several variances to lot width have been approved in the past, those requests produced lots varying in size from 88,000 square feet to 33,500 square feet outside of water, marsh and wetlands. This request proposes lots of 28,628 square feet and 26,821 square feet outside of water, Pyong Tu Cho Page 2 of 2 marsh and wetlands. Thus, this proposal is not comparable to past subdivision variance actions. Recommendations: The Planning Commission passed a motion by a recorded vote of 11 -0 to deny this request. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Plan ing Commission recommends denial. Submitting Department/Agency: Planning Department City Manage 1� k— PYONG TU CHO Agenda Item 7 December 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS I DESCRIPTION: 1212 Inlynnview Road. GPIN: 1498459841 Alap H,[-5 on Tu Cho M- N., R- 4 4A1 LYNNHAVEN BAY R-40 R, -40 �-4 'I Gpm 1498-45-9841 COUNCIL ELECTION DISTRICT: SITE SIZE: 5-LYNNHAVEN 77,913 square feet (1.79 acres) Existing Lot: The existing lot is 1.79 acres and 187.07 feet in SUMMARY OF REQUEST width. Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots and develop the new lot with a single-family dwelling. The new lot lacks the required lot width of 125 feet. According to the submitted plat, the lot has a width of only 25.04 feet. Lot Y-1 Lot Width in feet 125 162.03 - LQ'� '001 0 , 1 22 Lot Area in square feet 40,0 40,122 7' 726,821 T 125.04* 44,364 Lot Area in square feet outside of water, marsh or 1 24 000 26 , 82 1 28,628 . wetlands .00 Wariance requirea LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling and associated accessory uses occupy the site. SURROUNDING LAND North: 0 Lynnhaven Bay PYONG TU CHO Agenda Item 7 Page I USE AND ZONING: South: 0 lnlynnview Road East: a Single-family dwelling / R-40 Residential West: 0 Single-family dwelling / R40 Residential NATURAL RESOURCE AND The site is within the Resource Protection and Management areas of the CULTURAL FEATURES: Chesapeake Bay Preservation Area. The applicant received a variance from the Chesapeake Bay Board on July 24, 2006 for construction related to a new dwelling on the proposed lot. The following conditions are attached to the variance: 1 - A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 2. A 36" wire re -enforced silt fence shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. 3. Permanent and / or temporary soil stabilization as determined by staff shall be applied to all disturbed / denuded areas prior to a final building inspection or certificate of occupancy. 4. Construction limits shall lie a maximum of 15' seaward of improvements. 5. The construction access way shall be noted on the site plan as well as the stockpile staging area. 6. Stormwater from existing and proposed impervious cover associated with both lots shall be conveyed to stormwater management facilities. 7. If and when the shoreline is re -hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands. Said condition shall be so noted on the site plan. 8. Under deck treatment of sand and gravel shall be installed. 9. A maximum of 10% of Lot Y-1 and 5% of Lot Y-2 of the residual yard area not devoted to impervious cover may remain in turf. The residual 90% and 95% respectively, shall be devoted to buffer restoration — approximately 18,086 square feet for Lot Y-1 and approximately 19,390 square feet for Lot Y- 2. Said restoration shall utilize bayscape landscaping principles and incorporate a mulch layer of organic material 4" — 6" in depth. In addition to the aforementioned buffer restoration, a minimum of 34 trees shall be installed for Lot Y-2 and thirty- four (34) trees for Lot Y-1, tree species shall be comprised of 50% deciduous and 50% evergreen, and shall be evenly distributed throughout the lots to the greatest extent possible. Required buffer restoration and tree installation for Lot Y-2 shall occur prior to final plat recordation. Required buffer restoration and tree installation for Lot Y-1 shall occur prior to the issuance of the certificate of occupancy. Said condition shall be so noted on the site plan. PYONG TU CHO Agenda Item 7 Page 2 10. A separate landscape / buffer restoration plan for each lot shall be submitted concurrent with the site plan / preliminary subdivision reviews detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, and turf zones. 11. The conditions and approval associated with this variance are based on the site plan dated April 1, 2006, prepared by Gallup Surveyors and Engineers Ltd. 12. There shall be no pier constructed for Lot Y-1 and Y-2 beyond what exists today, exclusive of sub -aqueous bottom. 13. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. AlCUZ: The site is in an AlCUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIPI: lnlynnview Road is a residential dead end street. There are no traffic counts for the street. Addition of one home will generate ten (10) additional ADT. WATER & SEWER: An eight -inch City water main increases to a 10 -inch City water main in Inlynnview Road. The site has an existing water meter, which may be used or upgraded. A separate water meter will be required for the new lot. There is an eight -inch City gravity sanitary sewer force main on Inlynnview Road fronting the lot. The site is connected to City sanitary sewer. A separate sanitary sewer connection will be required for the new lot. Analysis of Pump Station 215 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. djacent property, B. The authorization of the variance will not be of substantial detriment to a and the character of the neighborhood will not be adversely affected. PYONG TU CHO Agenda Item 7 Page 3 C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends denial of this request. Evaluation: Evaluation of this request reveals that the applicant has not met the criteria listed in Section 9.3 and provided above. Application of the existing ordinances and regulations produces no undue hardship upon the site. The site can still be used and or redeveloped in accordance with the current ordinances and regulations. The existing lot shares the same topographical characteristics as other lots within the area and thus, this is not a valid reason for granting the variance. The existing neighborhood may be adversely affected with the introduction of lots smaller in size than those currently existing on the waterside of the street. While several variances to lot width have been approved in the past, those requests produced lots varying in size from 88,000 square feet to 33,500 square feet outside of water, marsh and wetlands. This request proposes lots of 28,628 square feet and 26,821 square feet outside of water, marsh and wetlands. Staff, therefore, cannot support the request. PYONG TU CHO Agenda Item 7 Page 4 47 0 1 I g� N4� �Y "A MU *Zt�, 71 F LYNNHAVEN RIVER I I' -- —K "I WA 304MI W.) LO cow Y v= awommam am L RP Or VANK LOT 5 0A ZM P. "3 ChAl) Px Mwo 01" TRACT ZI pRoposo SKIRET80" J, so -------- el TRAC PROP=* 2 STOW ff-14.0 36W .)A 00. IT 7— `rll� 2c — NORTH INLYNNVIEW ROAD (50' RM ORIGINALLY PROPOSED SUBDIVISION AT PLANNING COMMISSION PYONG TU CHO Agenda Item 7 Page 6 All LOY Y 2 DOCK& ON OF NMW M &VFW MW CWA ftAW &MQ 4F AWA �W PEXCIM ($W= IVWA)� It" SF ft -v= = *�' "M 4M Sr REVISED PROPOSED SUBDI) FISION FOR CITY COUNCIL MEET NG PYONG TU CHO Agenda Item 7 Page 7 1. 5/23/00 Subdivision Variance Approved 2. 3/12/90 Subdivision Variance Approved 3. 11/25/85 Subdivision Variance Approved ZONING HISTORY PYONG TU CHO Agenda Item 7 Page 8 A lz w It 0 U En ?l E -2� i if Az eg z'! 5: E -j-. -42 2,�a 2 �i :6 SE co Im cj z3, 4 t 2 U0, ct ch 0 71 z �i ?l E -2� i if Az I 2'i oTUfl la, v Jrlddv raTqJNMA NOISLUO DISCLOSURE STATEMENT PYONG TU CHO Agenda Item 7 Page 9 2 U0, ch 0 E z �i u 15 82 0 ow 25 i tu Z,: E so CL zi I 2'i oTUfl la, v Jrlddv raTqJNMA NOISLUO DISCLOSURE STATEMENT PYONG TU CHO Agenda Item 7 Page 9 Item #7 Pyong Tu Cho Subdivision Ordinance 1212 North Inlynnview Road District 5 Lynnhaven December 13, 2006 REGULAR Barry Knight: Mr. Secretary, please call the first item in our regular agenda for the public hearing. Joseph Strange: The next item is item #7, Pyong Tu Cho. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Pyong Tu Cho. Property is located at 1212 North Inlynnview Road, District 5, Lynnhaven. Barry Knight: Do you have a representative for the applicant? Ed Weeden: Richard Bartlett. Barry Knight: Is the applicant present? Richard Bartlett: A representative of the applicant. Barry Knight: That is fine. Welcome sir. Please state your name for the record. Richard Bartlett: My name is Richard Bartlett. I'm here on behalf of Mr. Pyong Tu Cho. This is Paul. This is his son. Paul Cho: My name is Paul Cho. Richard Bartlett: Mr. Cho desires to subdivide this property. I could have one of the slides? One more please. In Lot Y-1, which is left of the green line shown and Y-2, which is right of the green line shown there. It is presently a residence, which Mr. Cho occupies. Just below the letter Y to Lot Y-2, and that his is principal residence. The intent is to subdivide it so he can build another single-family residence on Lot Y- I for his son, who is in Chicago. Mr. Cho started this process last spring, and in the spring of 2006, when the Chesapeake Bay Preservation Act variance was requested. And I fully understand the difference between the Planning Commission and the CBPA Board. He went through the process of the CBPA and the CBPA approved, based on that indication there, a variance for that CBPA plan on July 24, 2006. The next step after that was to come before the Planning Commission; therefore, we request permission to legally subdivide the property so we can move forward on this. In the timeframe from July to when we made the application on behalf of the Cho's, Paul, Mr. Cho's son, has canvassed the neighborhood, having signatures or comments in support of this process here, and on North Inlynnview Road, and if you can go back a little bit? Go back please? On North Inlynnview Road, you can see it sort of goes to the left where the Crossness property is and then takes that left at the bottom of the screen. We've contacted about 80 percent of the residents along there, and everyone that he has contacted has signed a signature page that was submitted with the application package in support of that. The 20 percent that he didn't get are where they were not home where did not sign it. They didn't express a desire not to have it done, but they were either not available or desired not to sign it. He has received no opposition from neighbors whatsoever in support of this. The other thing that I wanted to note and it's important. Paul is going to hold this up here. Previous Planning Commissions have approved subdivision of lots in the neighborhood. I don't know if you can all see this. Ed Weeden: Mr. Bartlett? Try to stay next to the microphone. Richard Bartlett: I'm sorry. Okay. The green arrow here is Mr. Cho's lot. The orange rectangular coming out is Mr. Cho's lot. All the other red arrows are subdivided lots. These lots have all been subdivided with approval from previous Planning Commissions. There was a concern expressed that subdividing Mr. Cho's lot, which is approximately 2 - acres, and if we can go back again, Y- 1 and Y-2 are approximately I -acre. I think one is .92 and 1.04. 1 think it is about 2 -acres. Several of these subdivisions have also been split, and that I -acre, and specifically Lot 3, have been separated into lots that are I -acre, as well as Lots 5 and 6 have and Lot 8. There have been other lots established through subdivision process that approximately equate the land area. Mr. Cho's should be subdivided. What were asking is that the Planning Commission be consistent with past Planning Commission rulings and apply the same criteria and allow him to subdivide his lots into two, approximately I -acre lots for future residential construction on Lot Y-2. Barry Knight: Thank you. Are there any questions for Mr. Bartlett? We don't have any other speakers do we Mr. Strange? Joseph Strange: No. Barry Knight: No. Okay. Ms. Wood? Dorothy Wood: Mr. Bartlett, you do know that we did receive a letter from 4 neighbor who is in opposition. Richard Bartlett: I am not aware of that. Dorothy Wood: You have signatures from your adjacent neighbors, both of them, and the people across the street? Paul Cho: Next door ma'am. We have the adjacent. Yes. Dorothy Wood: Both sides? Paul Cho: Not both sides, only one side. Dorothy Wood: And the other side was objecting? Paul Cho: Yes. Barry Knight: Ms. Katsias? Kathy Katsias: Could you show us on that site plan which neighbor objected? Barry Knight: There is a laser right there Mr. Bartlett. Richard Bartlett: This neighbor right here objected. We are not aware of the objection, because we don't have any record of any objection. Barry Knight: Would that be Mr. Edwards? Does Mr. Edwards live there? Paul Cho: Mr. Edwards lives across the street. He lives right there. Dorothy Wood: Yeah. Barry Knight: Okay. Richard Bartlett: His house is for sale. Barry Knight: Are there any other questions? Mr. Bernas? Jay Bernas: Could you show with the laser on that map you got, you have arrows where there were other subdivisions. Can you use the laser to show as existing lots, which ones? Richard Bartlett: This lot right here was subdivided and this lot here. Dorothy Wood: How big is that lot now? Richard Bartlett: Lot 3? Let me see. That is a result of a subdivision and those lots were 3.45 acres, 1.5 acres, .92, 1.87, and .97. All of these lots here have been subdivided on a larger parcel now consist of those five numbers here. So they run the gamut of .92 acres to 3.45 acres. Barry Knight: Ms. Katsias? Kathy Katsias: So, these two lots that you are trying to subdivide would be just a little bit more than a half -acre? Richard Bartlett: No. Kathy Katsias: 25,000 square feet? Richard Bartlett: No. They would be .92 acres and 1. 02 acres. Kathy Katsias: Okay. Barry Knight: is that of high land? Richard Bartlett: I'm sorry. I didn't hear you. Barry Knight: Is that total acreage including high land and land that is in floodplain? Richard Bartlett: That is total acreage of the lot. Barry Knight: Total acreage. Mr. Ripley? Ronald Ripley: I don't know anything about the other variances at all. Since I've been on here, I don't think we've had any in this neighborhood. I can't recall any. But the staff had a problem because they couldn't find whether it was a hardship. Can you tell us what the hardship is that we need to address, because that is really what we need to look at here? Richard Bartlett: Right. And I understand that. Ronald Ripley: What is the hardship? Richard Bartlett: The only hardship that we are approaching here is that consistency be applied from previous Planning Commissions. Ronald Ripley: That is the hardship? Richard Bartlett: Yes. Let's not single out where other Planning Commissions have allowed it. Ronald Ripley: How is that a hardship? I don't understand. Is there a hards p relating to the property itself? Richard Bartlett: There is no hardship to the property itself. it is just the tre itment of the individual. Ronald Ripley: Okay. So this is some sort of policy hardship basically that you are interpreting? Richard Bartlett: I wouldn't say policy. Whatever term you want to use, it is the standards of existence to the City of Virginia Beach. Ronald Ripley: Okay. I understand. Thank you. Richard Bartlett: Thank you. Barry Knight: Are there any other questions? Ms. Wood? Dorothy Wood: When was the adjacent property subdivided? I don't remember it either, and I've been on for seven years. Richard Bartlett: These here? Dorothy Wood: Yes sir. Richard Bartlett: 1987. Dorothy Wood: Quite a while ago. The Planning Commissions have changed through the years. Richard Bartlett: Yes. I understand that none of you here were on the Planning Commission in 1987. Dorothy Wood: Thank you. Barry Knight: Are there any other questions? Richard Bartlett: A couple of others were after that. Dorothy Wood: But they are not exactly in the neighborhood, are they, like Brittany Estates isn't exactly in the neighborhood? Richard Bartlett: Lot 2, which is right next to it, was done in 2000. It is just acreage. Lot 1, 2005, Lot 2 was 2000; so, we've had subdivisions in that area. My first comments were those that were comparable areas. Barry Knight: Mr. Henley has a question. Al Henley: The lot that will be created where the new home will go, you said it was roughly little over an acre. Approximately, what area of that parcel is wetland, marsh or water? Richard Bartlett: A percentage? Al Henley: Yes. Richard Bartlett: My recollection of it, and I don't have a calculator but you'r� look at about 10 percent or so. Al Henley: So, 10 percent would be wetlands? The second question is that the resident to the left, the resident who lives there subdivided that parcel some years ago? Paul Cho: Next to the left they just built a house, and last year they moved in. Al Henley: Okay. Ed Weeden: Mr. Cho, you need to get to the mic. Paul Cho: Oh, I'm sorry. Right next to the left lot, they built a house, and they moved in last year. 03 8 and 48 1, and all three lots were one owner. They subdivided it. Al Henley: Okay. Thank you. Barry Knight: Are there any other questions for the applicant? Thank you sir. Richard Bartlett: Thank you. Paul Cho: Thank you. Barry Knight: Mr. Secretary, you said we have no more speakers? Joseph Strange: No other speakers. Barry Knight: We'll open it up for discussion among the Commission members. Ms. Anderson? Janice Anderson: I would like to say hello to Paul. I haven't seen you in a long time. I've known Paul for several years, and his parents. They run a business near London Bridge, which I frequented several times, and they are - I think the world of Paul and his parents. So, they are wonderful people. But, I have reservations of supporting this, because I do not believe it meets the criteria we're supposed to look for a hardship. And, the hardship is really supposed to be for the sub ' division. And the hardship i4 in the property and not in finance where it would be convenient for the Cho's to subdivide the property because they have sufficient land to put their son's house there. I know that is what they desire, but that is not a hardship. The property is rectangular shaped. It is not unusually large and I just can't believe, and we've got some letters from neighbors that say that they believe that it negatively impacts their neighborhood and the character of it. I just don't think it meets the qualifications. Barry Knight: Thank you Ms. Anderson. Is there anyone else? Ms. Katsias? Kathy Katsias: As the Lynnhaven representative, I totally agree with Ms. Anderson, and therefore, I except the recommendation of the Planning staff and support their recommendation. Barry Knight: Would you like to make a motion? Kathy Katsias: I make a motion to approve the recommendations? Barry Knight: To deny the application? Kathy Katsias: I mean to deny the application? Barry Knight: To deny? Okay. Kathy Katsias: Oh to deny. Right. Barry Knight: Okay. John Waller: I'll second it. Barry Knight: Okay. There is a motion on the floor to deny agenda item #7 by Kathy Katsias and a second by John Waller. Is there any other discussion? Mr. Bernas? Jay Bernas: The only thing that I'm struggling with is, and you're looking at it right now. You've got three flag logs on the same side of the street, and they are all close to each other. But I do agree with Commissioner Katsias and Commissioner Anderson's comments, and it seems like based on this table, that there is a significant area of these lots that would be in the marsh that are included in the lot size. Based on this table, the upland area of Y- I is almost 27,000 square feet. The Lot Y-2 in the rear, the upland is almost 28,000 square feet. So, to me, I'm kind of struggling with the resulting size based on the upland area because there are a lot of wetlands that is included in the one -acre lots. Then you got those flag lots, and they are right there, directly adjacent on the same side of the street. So, I'm still kind on the fence. Barry Knight: Mr. Ripley? Ronald Ripley: I tend to agree also, but I think for my point of clarification, Mr. Scott, it does meet that upland requirement doesn't it? Robert Scott: It apparently does. It's an issue of width. Ronald Ripley: Yes. That's it. Barry Knight: Is there any other discussion? There is a motion on the floor by Kathy Katsias and a second by John Waller to deny. So a vote of AYE is to deny. We'll call for the question. AYE 11 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS, AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote of I 1 -0, the Board has denied the application Pyong Tu Cho - IN SUPPORT OF THE PLAN FOR SUBDIVISION OF PYONG TU CHO�S PROPERTY LOCATED AT 1212 N. INLYNNVIEW RD. IN THE NEIGHBORHOOD OF TRANT BERKSHIRE (VB) By sigaing this petition, I have reviewed the plan and give support of this plan. Pe ,j a L- Le -ct:�, y- s. . Gregory Weate 2601 Britannica PI Virginia Beach, VA. 23454 july 26, 2007 Re: 1212 N. Inlynnview Rd. To Whom It May Concern: I would like to express my support for the subdivision of the property at 1212 N. Inlynnview Rd. As a resident of the Trant Berkshire subdivision, any construction variances are a concern. Having spoken with 1�4r. Cho and seeing the plans for division, I feel the construction will be consistent with the existing neighborhood and should be approved. Feel free to contact me for any further questions. Sincerely, Gregory Weate Richard McKinney 2605 Ridley Place Virginia Beach, VA 23454 757.481.6566 rfmckinney@cox.net July 19, 2007 Re: Subdivision of parcel at 1212 N. Lynnhaven Road To Whom It May Concerm, As a long time resident of Trant Birkshire, I want to state my support for the subdMsion of the Cho's property at 1212 North Wynnview. Their request is cOnsistant with the Practice of many owners along the eastern side of North Inlynnview over the past few years It is my observation that their request would result in two parcels as large or larger than the resufts of subdividing the former 1256 North lWynnview recently - If you wish to contact me for fiather comments, I may be reached at the above address. Sincerely, Ric d L. McKinney July 25, 2007 The Honorable City Council of Virginia Beach Virginia Beach, VA Dear Council Members: is unders=ding that Mr. Pyong Tu Cho desires to subdivide his rcsidential it my him to construct a lot at 1212 N. lnlynnvicw Road into tow Parcels which w"l allow r his � It is also my understanding that the second second single family rcsidcnce- fo sOA- residence would be sijrnilar in nature and design to the surrounding homes and consistent with the neighborhood development. The Cho's are good friends, exceUent neighbors and active members of our community. I Uly support their request for this subdivision request Which will be presented before you. Tbaik you for Your cooperation ih this mattcf- Respectfully, S. 0.-,— V. se, Sr. 1249 N. InlYDnviCW Road Virginia Beach, VA 23454 rage i ot i Mark M & Thelma I Kenney 2604 britannica pl Va. Beach, Va 23454 7574816251 TO WHOM IT M AY CONCERNNE ARE MARK & THELMA KENNEY AND HAVE LIVED AT 2604 BRITANNICA PLACE, VIRGINIA BEACH FOR 27 YEARS. WE HAVE NO OBJECTION TO THE CHO FAIMILY OF 1212 INLYNNIRW ROAD SUBDIVIDING THEIR PROPERTY. WE REQUEST YOUR FAVORABLE CONSIDERATION IN THIS MATTER. WE CAN BE REACHED AT 757 481 6251 YOURS TRULY Monday, July 30, 2007 1 America Online: Thelma Kenney pE ON IN SUPPORT OF THE PLAN FOR SUBDIVISION OF PYONG TU CHOI S PROPERTY LOCATED AT 1212 N- LNL-yNNVrEW RD. IINT THE NEIGHBORHOOD OF TRANT BERKSHIRE (VB) By signing this pc�dtion, I have reviewed the plan and give SUPPOrt Of th's Plan' PETITION IN SUPPORT OF THE PLAN FOR SUBDIVISION OF PYONG TU CHO'S PROPERTY LOCATED AT 1212-N. INLYNNVIEV R -D. IN THE NEIGHBORHOOD OF TRANT BERKSHIRE (VB) By signing this petition, I Ifave reviewed the plan and give support of this plan. , 'r - + �__ zo 1,67 A�o Name Address Sir-nature/Date (Print) of M-1 F NVOW! , 'r - + �__ zo 1,67 A�o 14 AL 15 Gredo-, 16 i-7 25 T6- T7 T8 T9 -To -T, V, Ro s e.., AJ, 7�jLyt)A.) 18 '120 S7 1'�JZXlv�V Vl,,--I.,- 'o 20 21 qg 22 -i-3 pj 7C6e> eX3-11 C A 7L N- 25 T6- T7 T8 T9 -To -T, V, Ro s e.., AJ, 7�jLyt)A.) '120 S7 1'�JZXlv�V Vl,,--I.,- 'o 17i\jL-4 k) N r pj 7C6e> eX3-11 C A 7L ,,Aaf,Ft,, Believer's House World Wide Ministries A- K MI, pw fli j jFAr -jj -1 ' Iii CUP tor Church in a -Shopping CenterlPrivate School CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Believer's House World Wide Ministries for a gonditional Use Permit for a church and private school on property located at 544 Newtown Road, Suite 136 (GPIN 1468303340). DISTRICT 4 — BAYSIDE MEETING DATE: August 14,2007 Background: Conditional Use Permit for a church ild care The applicant requests a education center (private school) within an existing shopping # Considerations: The church will have services on Wednesday from 7:00 p.m. until 11 . :00 p.m. and Sunday from 8:00 a.m. until 3:00 p.m. The church will have two ser/ices on Sunday to accommodate the 350 members. The child care education center will be in session Monday through Friday from 6:00 a.m. until 6 p.m. The child care education center is expected to house approximately 70 children rE nging from kindergarten to high school. Outdoor activities for the youth at the school will be on designated areas of this site as well as use of a private school c ymnasium and recreation center. The designated areas on the site will consist of a paved area in the rear of building to be used for hard surface activities such as basketball and a grassy area in between the buildings. This proposal for a church with a private school is compatible with he other uses within this retail center and will not negatively impact neighboring properties. There are a total of 457 parking spaces, which are located around the building. Sufficient parking is available to accommodate the proposed church, private school and other tenants of the shopping center. Currently, this center has a number of vacant units. Another church also has a leased space within this shopping center. The Planning Commission placed this item on the consent agenda because it is compatible with the other uses in the shopping center, the church will be providing a needed service to this area, and there was no opposition to the request. E Recommendations: The Planning Commission passed a motion by a recorded vote 01 11-0 to approve this request with the following conditions: i Believer's House World Wide Ministries Page 2 of 2 The applicant must comply with all applicable City requirements for building codes, fire safety and suppression, for the change of use to a place of assembly prior to issuance of an Occupancy Permit for this unit. This includes obtaining a fire inspection, a fire code permit, and a Certificate of Occupancy from the Building Official's office. 2. The number of congregants at any worship service shall not exceed the occupancy number for the unit established by the City's Fire Marshall. 3. Mobile basketball hoops are to be placed back inside the building after the end of the school day or by 6:00 PM. If permanent hoops are to be provided, a fenced in area with a locked gate for the facility will be required. 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�� - -Z3� BELIEVER'S HOUSE WORLDWIDE MINISTRIES Agenda Item 11 July 11, 2007 Public Hearing Staff Planner: Karen Prochilo 'w W- 1�7 2 4 0'r CUFf-DrChurCh in a Shoppirg certerlprivate S0100, REQUEST: Conditional Use Permit for a church and child care educational center (private school). ADDRESS / DESCRIPTION: 544 Newtown Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1468303340000 2 - KEMPSVILLE Part of 8.9 acre shopping center 10,950 square feet (proposed area) SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a church and child care education center (private school) within an existing shopping center. The proposed unit will house the church and the education center. The church will have services on Wednesday from 7:00 p.m. until 11:00 p.m. and Sunday from 8:00 a.m. until 3:00 p.m. The church will have two services on Sunday to accommodate the 350 members. The child care education center will be in session Monday through Friday from 6:00 a.m. until 6 p.m. The child care education center is expected to house approximately 70 children ranging from kindergarten to high school. Outdoor activities for the youth at the school will be on designated areas of this site as well as use of a private school gymnasium and the recreation center. The designated areas on the site will consist of a paved area in the rear of building to be used for hard surface activities such as basketball and a grassy area in between the buildings. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial shopping center SURROUNDING LAND North: Across Baker Road, / B-2 Communi� Business District and 1-1 USE AND ZONING: Light Industrial District BELIEVER'S HOUSE WORLD South: 9 Bus charter business and Newtown Square Complex / 1-2 Heavy Industrial District and A-18 Apartment District East: 0 Newtown Square Complex / A-1 8 Apartment District West: 0 Drive through restaurants and bank on out parcels along Newtown Road / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay Watershed; however there are no CULTURAL FEATURES: significant environmental features on the property as it is almost entirely impervious. AICUZ: The site is in an AICUZ of Less than 65 dB DNL surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in the vicinity of this application is a four lane undivided minor suburban arterial. The IVITP designates this roadway as a divided facility with a bikeway within a 150 feet right-of-way. Currently, there are no Capital Improvement Program projects slated for this segment of Newtown Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road 40,109 ADT T 26,000 ADT'(maximu—m Weekday --Existi ng Level of Service "C") Land Use 2 — 3,966 ADT 32,700 ADT 1 (maximum Weekday - Proposed Level of Service "D" Land Use 3 — 3,966 ADT capacity) Sunday - Existing Land 34,500 ADT ' (maximum Use 2 — 2,331 ADT Level of Service "E") Sunday - Proposed Land Use 3 — additional 260 ADT beyond the existing 2 'Average Daily Trips 3 as defined by shopping center as defined by church / child care educational center (private school) WATER: This site already connects to City water. SEWER: This site already connects City sewer. FIRE: Building was built in 1985 for a use group M type 2C construction. The use of this building for a church is Use Group A-3, which will require a new certificate of occupancy. A fire inspection for a place of assembly will be required for the suite, a fire code permit for a place of assembly obtained, and a Certificate of Occupancy issued. recommended that current lighting in the front parking lot and in the rear of the building be reviewed for safety of patrons. EVALUATION AND RECOOMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: ary Residential Area where land use planning poli�ies and principles This proposal is located in the Prim . value ang aesthetic quality of focus strongly on preserving and protecting the overall character, economic the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Evaluation: This proposal for a church with a private school is compatible with the other uses witl� in this approximately 92,000 square feet of retail center and will not negatively impact neigh )oring properties. There are a total of 457 parking spaces, which are located around the building. Sufficient parking is available to accommodate the proposed church, private school and other tenants of tie shopping center. Currently, this center has a number of vacant units. Another church also has a leased space within this shopping center. Staff recommends approval of this request of a Conditional Use Pe�lmit for a church and private school with the following conditions provided below. CONDITIONS i I . The applicant must comply with all applicable City requirements for building codes, fire safety and suppression, for the change of use to a place of assembly prior to issuance of an Occupancy Permit for this unit. This includes obtaining a fire inspection, a fire code permit, and a Certificate of Occupancy from the Building Official's office. 2. The number of congregants at any worship service shall not exceed the occppancy number for the unit established by the City's Fire Marshall. 3. be reguired. NOTE. Further conditions may be required during the administration of apt Plans submitted with this rezoning application may require revision during meet all applicable City Codes and Standards. The bpplicant is encouraged to contact and work with the Crime Prevention Department for crime prevention techniques and Crime Prevention Through (CPTED) concepts and strategies as they pertain to this site. BELIEVER'S HOUSE WORLD City Ordinances. I site plan review to within the Police inmental Design wilt- - A 04 oil i'o ARM Old UPT a sow solo q. f A w .......... _'40 lit 10 w'" 1 A PROPOSED SITE�-PLAINI, EXISTING BUILDING BELIEVER'S HOUSE WORLD Conditional Use Permit (beauty academy) Conditional Use Permit (church) Conditional Use Permit (mini -warehouse storage) Conditional Use Permit (child-care center) Conditional Use Permit (church) Conditional Use Permit (carwash) Conditional Use Permit (motor vehicle rentals) Conditional Use Permit (church) . — Con Jition 31 Use Permit (communications tower) -do—nditional Use Permit (indoor recreation) Variance Conditional Use Permit (bingo hall) Conditional Use Permit (auto sales) Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted Granted - 7, dnted 1 04/10/07 2 -b-7/11/06 01/11/05 3 06109/04 4 05/13/03 04/22/03 02/01/00 5 6 6 01/27/98 7 — 02/29/96 04/14/92 02/11/92 --6-1/28/92 01/08/90 8 — 9 — 10 — 11 — 12 Z) tA w 72 r: rx 3 jr, v 2'E 2 j ul — 03 20 Ll 0 �,,49 s �AZ5 -za -a 3:2 3 . -'. 5 i 05� Q0 2-5 i f z cl 72 r: Fj �T DISCLOSURE STATEMENT BELIEVER'S HOUSE WORLD 20 05� 2-5 z4 �i t �S g7 fs Fj �T DISCLOSURE STATEMENT BELIEVER'S HOUSE WORLD Item #11 Believer's House World Wide Ministries Conditional Use Permit 544 Newtown Road District 2 Kempsville July 11, 2007 CONSENT Janice Anderson: The next matter is agenda item 11. This is of Believer's Hquse World Wide Ministries. This is for a Conditional Use Permit for a church and privatO school on property located at 544 Newtown Road in the Bayside District. Welcome. Ma�orie Crouch: Welcome and thank you. Good afternoon Planning Commission members. I have looked at your pre -conditions I & 2, and agree to them. And, also, there was a third condition, I believe about the mobile basketball that was given to me and we also agree to that. We thank you for putting us on the agenda. Janice Anderson: Okay. Just state your name for the record. Ma�orie Crouch: My name is Ma�orie Crouch. My address is 2501 Eagles Lake Road, Virginia Beach. Janice Anderson: Okay. Thank you. Maliorie Crouch: Thank you. Janice Anderson: Is there any objection to this matter being placed on the consent agenda? Mr. Livas again, will explain this application. Henry Livas: This is a Conditional Use Permit for a church and a child care educational center. The church and child care center will be located in a shopping center at the intersection of Newtown Road and Baker Road. The church will have services on Wednesday from 7:00 pm to 11:00 pm and Sunday from 8:00 am to 3:00 pm, The child care center will house approximately 70 children from kindergarten to high school. There will be a paved area in the rear of the building to be used for activities such as basketball. Sufficient parking is available in the shopping to support the chu�rch activities. Therefore, we recommend approval of this request of a Conditional Use Permit. Janice Anderson: Thank you Henry. Mr. Chairman, I have a motion for the approval of agenda item 11. Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond first. it is open up for discussion. There is a motion on the floor by Jan Anderson and seconded by Dave Redmond to approve the consent agenda item. I'll call for the question. Ed Weeden: By a vote of I 1 -0, the Board has approved item 11. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of I 1 -0, the Board has approved item 11. -44 - Item V -K.3 PLANNING ITEM # 56339 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council REFERRED BACK TO THE PLANNING COMMISSION Ordinance upon application of Checkered Flag Motor Car Companyfor a Conditional Use Perm : ORDINANCE UPONAPPLICA TION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A CONDITIONAL USE PERAAT FOR MOTOR VEHICLE SALES, RENTALS AND SERVICE Ordinance upon application of Checkered Flag Motor Car Companyfor a Conditional Use Permitfor motor vehicle sales, rentals and service on property located at 5193 Virginia Beach Boulevard (GPIN 1467762274). AICUZ is Less than 65 dB Ldn. DISTRICT2 — KEMPSVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 I otor .wft,wx. I v/1 I I.11, CUP for Motor Vehicle Sales `0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Checkered Flag Motor Car Company for a Conditional Use Permit for motor vehicle sales, rentals and service on property located at 5193 Virginia Beach Boulevard (GPIN 1467762274). DISTRICT 2 - KEMPSVILLE MEETING DATE: August 14,2007 0 Background: The applicant requests a Conditional Use Permit to allow redevelopment of the site for motor vehicle sales, rentals, and service. A furniture store now occupies the site. Considerations: ly 15,000 square foot, The existing one-story retail building, which is approximate ing. The will be demolished to construct a new two-story 8,158 square foot build new building will house a Smart Car dealership comprised of retail operations on the first floor including the showroom, sales offices, boutique, lounge, parts department, and service and prep areas. The Business Development Center for Checkered Flag Information Technology personnel and a break room will be located on the second floor. Expected hours of operation are from 7:00 a.m. to 9:00 p.m., Monday thru Saturday, and 12:00 p.m. to 6:00 p.m. on Sunday. Approximately 25 to 30 people will be actively employed at this site. The proposed dealership building is centered near the front of site. One (1) of the two (2) existing access points on Virginia Beach Boulevard will be eliminated providing one (1) remaining access point. The applicant will also provide an additional ingress -egress easement located at the southwest corner of site to allow vehicle circulation between the subject site and parcel A-1 located to the south. Customer parking is provided on the north and south sides of the building. Vehicles for sale are displayed along the eastern property line and within a parking area at the rear of the site secured by a gate. Total parking includes 76 regular spaces and four (4) handicap accessible spaces. The front facade of building will consist of black metal panels an r; anodized aluminum storefront with clear glazing and yellow accents. The ar service area will consist of dark multicolored brick. The proposal is in conformance with the Comprehensive Plan's I recommendations for this area. The proposed redevelopment will enhance the Checkered Flag Motor Car Company Page 2 of 3 existing site, and provide an improved appearance for this section of Virginia Beach Boulevard. The Planning Commission placed this item on the consent agenda because the proposal represents a welcome redevelopment of an existing site and will improve the appearance of this portion of Virginia Beach Boulevard. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 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 "Checkered Flag Smart Car Site Conditional Use Permit" prepared by LandMark Design Group, dated 5/18/07 and last revised May 21, 2007. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 3. Only one entrance shall be allowed for this lot on Virginia Beach Boulevard. The second entrance off of Virginia Beach Boulevard shall be eliminated. The remaining entrance on Virginia Beach Boulevard shall meet all current City of Virginia Beach Public Works standards. This will require reconstruction of the existing entrance. 4. All required parking spaces shall be remarked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 5. The proposed landscaping on the site shall be in substantial conformance with the submitted preliminary site plan, reference in Condition 1. All landscaping shall meet or exceed the minimum requirements of the City's Zoning and Site Plan Ordinances. 6. The applicant shall submit a photometric plan for any exterior lighting for review and approval. 7. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage regulations. 8. No outside storage of parts, equipment, or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. Checkered Flag Motor Car Company Page 3 of 3 9. All automotive repair work shall be conducted inside the building. 10. No outside paging system shall be permitted. 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 .,b6� CHECKERED FLAG MOTOR COMPANY Agenda Item 19 July 11, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for motor vehicle sales, rentals, and service. ADDRESS / DESCRIPTION: 5193 Virginia Beach Boulevard. Checkered Flaz Motor Co. 1 41 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14677622740000 2 - KEMPSVILLE 59,677 square feet APPLICATION HISTORY: The Planning Commission recommended approval of this application on March 14, 2007. City Council referred this application back to Planning Commission on April 24, 2007 upon the request of the applicant to modify his proposal. The Planning Commission deferred the application on June 13, 2007 at the request of the applicant to allow the applicant time to address concerns that were raised during the Planning Commission informal briefing regarding submitted elevations. Major changes between the original application as heard on March 14, 2007 and current plans are as follows: • The current proposal is to house a Checkered Flag Smart Car dealership on site instead of a Checkered Flag Mini Cooper dealership. • The current proposal requests complete demolition of existing structure and redevelopment of site. The original plan called for renovation and expansion of the existing structure. • The current proposal includes a two-story building that is smaller than the approximately 16,000 square foot building which was originally proposed. • The building within the current proposal is located slightly further north than what was originally planned. • Minor changes have been made to the parking area. • The current proposal requests complete build -out of the site within one (1) phase of development, the previous plan included two phases of development. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow redevelopment of the site for motor vehicle sales, rentals, and service. CHECKERED FLAG The existing one-story retail building, which is approximately 15,000 square foot, will be demolished in order to construct a new two-story 8,158 square foot building. The new building will house a Smart Car dealership comprised of retail operations on the first floor including the showroom, sales offices, boutique, lounge, parts department, and service and prep areas. The Business Development Center for Checkered Flag Information Technology personnel and break room will be located on the second floor. Expected hours of operation are from 7:00 a.m. to 9:00 P.m., Monday thru Saturday, and 12:00 p.m. to 6:00 p.m. on Sunday. Approximately 25 to 30 people will be actively employed at this site. The proposed dealership building is centered near the front of site. One (1) of the two (2) existing access points off of Virginia Beach Boulevard will be eliminated providing one (1) remaining access point. The applicant will also provide an additional ingress -egress easement located at the southwest corner of site to allow vehicle circulation between said site and parcel A-1 located to the south. Customer parking is provided on the north and south sides of the building. Vehicles for sale are displayed along the eastern property line and within a parking area at the rear of site secured by a gate. Total parking includes 76 regular spaces and four (4) handicap accessible spaces. The front facade of building will consists of black metal panels and anodized aluminum storefront with clear glazing and yellow accents. The rear service area will consist of dark multicolored brick. The Smart Car is smaller and handles differently than the average car. Due to the small size of the Smart Car vehicle, three Smart Cars will be displayed in one parallel parking space within the display area along the western property line. The applicant has also provided a turning radius driver instruction area west of building in order to train potential Smart Car drivers how to handle this small sized vehicle. Future expansion includes elimination of the turning radius driver instruction area in order to build a service drive-thru and assisted service manager area located east of building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Furniture store. SURROUNDING LAND North: 0 Automobile Service and Sales / B-2 Community Business USE AND ZONING: District South: 0 Retail / B-2 Community Business District East: 0 Furniture Store / B-2 Community Business District West: 0 Kennel and Veterinary Clinic / B-2 Community Business District NATURAL RESOURCE AND A wooded area is located at the rear of site. There are no significant CULTURAL FEATURES: cultural features associated with this site. AICUZ: The site is in an AICLIZ of Less than 65 d13 Ldn surrounding NAS Oceana. CHECKERED FLAG IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): VIRGINIA Beach Boulevard is 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 Program projects (CIP) slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 43,292 ADT 56,240 ADT Existing Land Use 767 Boulevard ADT Proposed Land Use 3 634 ADT (29 AM Peak Hour Vehicles (entering) 21 PM Peak Hour Vehicles (entering)) 2 'Average Daily Trips as defined by furniture store 3 as defined by vehicle sales Only one entrance will be allowed for this lot on Virginia Beach Boulevard. The second entrance must be eliminated. The remaining entrance on Virginia Beach Boulevard must meet all current City of Virginia Beach Public Works standards. This will require reconstruction of the existing entrance. WATER: This site is currently connected to city water. The existing 5/8 -inch meter (City ID #94004135) may be used or upgraded to accommodate the proposed development. SEWER: The site is currently connected to city sewer. Analysis of Pump Station #356 and the sewer collection system is required to ensure future flows can be accommodated. STORMWATER MANAGEMENT: The site plan needs to address how the additional stormwater runoff will be handled. POLICE: The applicant must provide a photometric plan for review and approval by city staff. All lighting on the site should be consistent with those standards (for this use) recommended by the Illuminating Engineering Society of North America. CHECKERED FLAG MO EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan th the Comprehensive Plan's recommendations for this area. The The proposal is in conformance wi proposal is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: The proposed redevelopment will enhance the existing site, and provide an improved appearance for this section of Virginia Beach Boulevard. As such, staff recommends approval with the conditions below. CONDITIONS I . The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Checkered Flag Smart Car Site Conditional Use Permit" prepared by LandMark Design Group, dated 5/18/07 and last revised May 21, 2007. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 3. Only one entrance shall be allowed for this lot on Virginia Beach Boulevard. The second entrance off of Virginia Beach Boulevard shall be eliminated. The remaining entrance on Virginia Beach Boulevard shall meet all current City of Virginia Beach Public Works standards. This will require reconstruction of the existing entrance. 4. All required parking spaces shall be remarked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 5. The proposed landscaping on the site shall be in substantial conformance with the submitted preliminary site plan, reference in Condition 1. All landscaping shall meet or exceed the minimum requirements of the City's Zoning and Site Plan Ordinances. 6. The applicant shall submit a photometric plan for any exterior lighting for review and approval. 7. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage regulations. 8. No outside storage of parts, equipment, or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 9. All automotive repair work shall be conducted inside the building. 10. No outside paging system shall be permitted. 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. CHECKERED "-- I -- fVORK; , ell a ig "llow, '-- --17qMR "711 W�" � I "qw'M ,.�77 4. A11V -&k- - - 'AFA ............. TA "PI "YU, 4U, -'r-7 M*V, DWI I I '17 am - MAN way OF L 1 0 'out "a-7, MY .................. 22 40 to z_,� 13 1.373 ACRES r7, 5 ONE STORY STU= MASS AND MkSCI'kl S4r-',m,3 PARCEL 'S' F�MM"S*N P�T OF PROPERPES OF WNWOOD PROPERTIES. LIC & ',4AVZFZrl. F,W-,URE COWPA.,l Es, 4. � . . . I IN 1487-76-513� FIT r7, �y MRGINIA BEACH BOULEVARD fVA.R.-A.-LE W.OTH RleX�!M 58) (S'ATE NrG�-'WAY PRO-ZOT OOW-f-U-101, RW -201, SnEET IIA) IV - e DRAjNAOE EASEMENT r -V YMNIA POV&R FASEMEhT , i.". , '. _) .�L �� 7 5 ONE STORY STU= MASS AND MkSCI'kl S4r-',m,3 FIT 1, TH- 4 �y MRGINIA BEACH BOULEVARD fVA.R.-A.-LE W.OTH RleX�!M 58) (S'ATE NrG�-'WAY PRO-ZOT OOW-f-U-101, RW -201, SnEET IIA) IV - e DRAjNAOE EASEMENT r -V YMNIA POV&R FASEMEhT , i.". , '. _) .�L �� 7 PET KID. OR FORMERLY C�E,ENERPR[S L,� c,' 140 -75 -mg �y MRGINIA BEACH BOULEVARD fVA.R.-A.-LE W.OTH RleX�!M 58) (S'ATE NrG�-'WAY PRO-ZOT OOW-f-U-101, RW -201, SnEET IIA) IV - e DRAjNAOE EASEMENT r -V YMNIA POV&R FASEMEhT , i.". , '. _) .�L �� 7 PROPOSED MONUMENT SIGN AND LAN 5 PROPOSED STREET FROWSE LANDSCOING ol?) mt.3 WBIV lmmm"N Ew'v' EXtSTtNG PORTION Of: BUILDING FLAG 7:0 BE REMOVED E=NG CMCMED FLAG MINI �00� IT B-2 ZONING DISTRICT DEDICATED f DELIVERY 0-1 33 Ps CARE ENr'tRWISE$, LC. ,'Zk Out", ol SIDE YARD Sr. RAC K 6-2 ZONING 'iXR4k9ON OF., A=T E STORY1 )JAVERTY'S FURNITURE 8�2 ZONING DLMCT 4f PROPOSED CHECKEREDFLAG <Q, MINI DEALERSHIP B-2 ZONING. DISTRICT r 0* SIDE YARC w EARYARDSETBACK ORIGINAL SITE PLAN DISCUSSED AT MARCH 14.2007 PLANNING COMMISSION CHECKERED FLAG MOTOR COMPANY Agenda Item''.19 Page 8 ELEVATIONS DISCUSSED AT JUNE 13-2007" PLANNING COMMISSION..'',',:: - CHECKERED FLAG MOTOR COMPANY Agenda Item -1.1119 Pei e 9 . .... . . ...... . VFWMYAFV$ETBACX .. ... ... .. ... PET CAR- ENTERPR SES. PROPOSED CNECIUMMI) FLAG SMART CAR DFJ� slow. 3�&ADW �20�0� �wlw-la=um �11110EL W �ar� po� � POLE �Tm PRWOSMSTRWR uvcscPM T&J - §-7111L=2 �:"n;! iZ9 5-0 IT -T- AM L=Tm VIRGINIA BEACH BOULEVARD (VARIABLE WIDTH RIM .. ... ... .. ... PET CAR- ENTERPR SES. 1 !167-7. 20 wwrmnw� CHECKERED FLAG MINI DMEMHIP =mw msTN= q Lu ........... z UJ Lu LL lo IT -9, vK.N� 101-R 1*� ....... ..... 7 . . .. ............ ..................... Alm" PROPOSED BUILDING ELEVATIONS (Differ from June 13 elevations by introduction of thin white strips between the black, panels),,, lu ci- PROPOSEI CHECKERED FLAG N # Date Description Action 1 12-01-61 Zoning Change Granted 2 05-23-88 10-10-00 Conditional Use Permit (motor vehicle sales & repair) Conditional Use Permit (motor vehicle sales) Granted Granted 3 10-13-92 Conditional Use Permit (communications tower) Granted 4 0 -09-98 Conditional Use Permit (communications tower) Granted 5 01-14-97 Conditional Use Permit (communications tower) Granted 6 02-01-00 1 Conditional Use Permit (communications tower) Granted ZONING N TUrlrldCW JIMad aSft rIVN01JIGNO) 01,Lvj z Ld 2 w V) w 0 J u fj) a z 7. Lu 100 Lo c: 0 Ln :i5 Ul 2, 7 5 v N TUrlrldCW JIMad aSft rIVN01JIGNO) 01,Lvj z Ld 2 w V) w 0 J u fj) a w- :r .7 DISCLOSURE STATEMENT CHECKERED FLAG OR COMPANY Agenda Item 19 Page 14 100 Lo c: 0 Ln :i5 Ul Ir c- uj 12 - w- :r .7 DISCLOSURE STATEMENT CHECKERED FLAG OR COMPANY Agenda Item 19 Page 14 Item #19 Checkered Flag Motor Car Company Conditional Use Permit 5193 Virginia Beach Boulevard District 2 Kempsville July 11, 2007 CONSENT Janice Anderson: The last matter is agenda item 19. That is the application of Checkered Flag Motor Car Company. This is for a Conditional Use Permit for motor vehicle sales, rentals and service on property located at 5193 Virginia Beach Boulevard in the Kempsville District. Mr. Fine? Morris Fine: Members of the Commission, my name is Morris Fine. I represent Checkered Flag. We appreciate the courtesy of being placed on the consent docket. We also consent to any of the conditions you may have put on it. Janice Anderson: It has ten conditions. Morris Fine: Thank you very much. Janice Anderson: I just want you to know that this is on our consent agenda. There are two Commission members that are not voting for this application. It will be Al Henley and Barry Knight due to request for design upgrade. Jay Bernas is going to review this application for us. He is passing it on to Henry. Henry Livas: Thank you. This is a Conditional Use Permit for motor vehicle sales, rental, and services. The Planning Commission originally recommended approval of this application on March 14, 2007. Subsequently, the applicant modified his proposal and as a result the City Council referred the application back to the Planning Commission on April 24, 2007. The Planning Commission deferred the application on June 23, 2007 due to the previously mentioned concerns about the submitted elevations. The original application was based on modifying the existing building. The 15,000 square foot building is now slated for demolition. The new application requires construction of a new two-story, 8,158 square foot building to house a "Smart Car" dealership. Approximately 25 to 30 people will be actually employed at the site, and the total parking requirements will be 76 ' regular and 4 handicapped. One of the two existing points off of Virginia Beach Boulevard will be eliminated. Therefore, we recommend approval of the requested Use Permit. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion for the approval of agenda item 19 with the notice of a "NO" vote for Al Henley and Barry Knight. Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond first. It is open up for discussion. Note of clarity that Al Henley and Barry Knight vote "NO" on item 19. We understand that Checkered Flag wishes on this application that there is a standardized design that Mr. Fine says cannot be altered because it has come down from Smart Car. We understand Mr. Fine that you are between a rock and a hard place, and we agreed to let it go on consent. it is going to pass. We just would like to send a signal to Smart Car that we like the greatest design possible in the City of Virginia Beach. Mr. Henley and I are going to vote "NAY" and it will be on the record of City Council. They can do what they want to with it. Is there any other discussion? Okay. There is a motion on the floor by Jan Anderson and seconded by Dave Redmond to approve the consent agenda item. I'll call for the question. Ed Weeden: By a vote of 9-0, the Board has approved item 19 with a vote of "NO" by Barry Knight and Al Henley. Barry Knight: Thank you Mr. Weeden. AYE 9 NAY 2 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY NAY HORSLEY AYE KATSIAS AYE KNIGHT NAY LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 19 with a vote of "NO" by Barry Knight and Al Henley. Barry Knight: Thank you Mr. Weeden. CUP for Recreational Facility of an Outdoor Nature CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Henry C. Scott for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 2425 Melstone Court (GPIN 2404677636). DISTRICT 7 — PRINCESS ANNE MEETING DATE: August 14,2007 N Background: .The applicant requests a Conditional Use Permit to allow an outdoor recreational facility, consisting of a skateboard ramp located within the parcel's rear yard. The ramp will be limited primarily to the use of the applicant's two sons and two additional close friends. The parcel is situated in the Hunt Club Forest residential neighborhood; a two- story single-family house is located on the parcel. The entire rear yard is enclosed by a six-foot tall privacy fence with locking gate. Large trees and bushes are located along the fence line. There is an existing deck and pool attached to the house and a detached skateboard ramp located in the southwest corner of the rear yard. The applicant was initially unaware of the need of a Conditional Use Permit. After construction of the ramp, the applicant was informed that a Conditional Use Permit for a skateboard ramp is required. 0 Considerations: The ramp is approximately fifteen (15) feet from the rear property line and ten (10) feet from the western side property line. The size of the ramp is eight (8) feet wide by twenty (20) feet long, with a height of three (3) feet at the rollout deck platforms. At each end, there is a small platform with an eighteen (18) inch tall rail. The ramp is placed on ground -level concrete blocks to provide an even and secure skating surface. Wood sheathing at each end of the rollout deck platforms combined with sound attenuation foam attached to the underside of the skating deck is built-in to reduce the sound from the ramp. In addition, a layer of padded vinyl flooring has been sandwiched between the plywood substrate and the skating surface (masonite). The applicant has met with all of the adjacent property owners, as, well as other residents surrounding the site, explaining the sound -attenuating construction of I A the ramp and the conditions and restrictions under which it will be� used. Signatures of support from the residents on forms provided by the applicant were submitted with the application. Henry C. Scott Page 2 of 3 Staff concludes that the ramp will be constructed and operated in a manner such that it will not prove to be a destabilizing influence in the neighborhood. The attached conditions, reflective of the applicant's self-imposed rules and standards, will ensure this. Additionally, a condition is recommended requiring an annual review of the facility to make sure the rules are being adhered to and the facility is not acting as a destabilizing influence on the neighborhood. The Planning Commission placed this item on the consent agenda because the applicant has support from the surrounding property owners, the conditions attached to the Use Permit will ensure compatibility of the use with adjacent uses, and the there was no opposition. Recommendations: The Planning Commission passed a motion by a recorded vote of 11 -0 to approve this request with the following conditions: 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted property survey entitled "Site Plan of Lot 128, Hunt Club Forest Section Six" and dated August 28, 1986. 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (b) the sides and ends of the ramp shall be enclosed with wood; and (c) vinyl flooring (as indicated on the submitted construction detail) shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. Henry C. Scott Page 3 of 3 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 ManageFz r L:�V612-� HENRY C. SCOTT Agenda Item 9 July 11, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for an outdoor recreation facility (skateboard ramp) ADDRESS / DESCRIPTION: 2425 Melstone Court GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24046776360000 7 — PRINCESS ANNE 8,500 square feet The applicant requests a Conditional Use Permit to allow an SUMMARY OF REQUEST outdoor recreational facility, consisting of a skateboard ramp located within the parcel's rear yard. The ramp will be limited primarily to the use of the applicant's two sons and two additional close friends. The parcel is situated in the Hunt Club Forest residential neighborhood; a two-story single-family house is located on the parcel. The entire rear yard is enclosed by a six-foot tall privacy fence with locking gate. Large trees and bushes are located along the fence line. There is an existing deck and pool attached to the house and a detached skateboard ramp located in the southwest corner of the rear yard. The applicant was initially unaware of the need of a Conditional Use Permit. After construction of the ramp, the applicant was informed that a Conditional Use Permit for a skateboard ramp is required. The ramp is approximately fifteen (15) feet from the rear property line and ten (10) feet from the western side property line. The size of the ramp is eight (8) feet wide by twenty (20) feet long, with a height of three (3) feet at the rollout deck platforms. At each end, there is a small platform with an eighteen (18) inch tall rail. The ramp is placed on ground -level concrete blocks to provide an even and secure skating surface. Wood sheathing at each end of the rollout deck platforms combined with sound attenuation foam attached to the underside of the skating deck is built-in to reduce the sound from the ramp. In addition, a layer of padded vinyl flooring has been sandwiched between the plywood substrate and the skating surface (masonite). The applicant has met with all of the adjacent property owners, as well as other residents surrounding the site, explaining the sound-aftenuating construction of the ramp and the conditions and restrictions under which it will be used. Signatures of support from the residents on forms provided by the applicant,were-, HENRY C. SCOTT -Agenda Item 9 'Page 1 submitted with the application. The applicant notes that the ramp will only be used during the hours of 10:00 a.m. to dusk. Additionally, an adult will be onsite when the ramp is in use, and the access gate will be securely locked during other times to prevent unauthorized use/access. Skaters under the age of 16 will be required to wear helmets. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: 9 Single-family dwelling / R -5D Residential Duplex District USE AND ZONING: South: 0 Single-family dwelling / R -5D Residential Duplex District East: * Single-family dwelling / R -5D Residential Duplex District West: 0 Single-family dwelling / R -5D Residential Duplex District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. AICUZ: The site is in an AICUZ of 65 to 70 dB DNL surrounding NAS Oceana. The Navy has no objections to the request. IMPACT ON CITY SERVICES WATER AND SEWER: There is no impact on City water and sewer services from this use. POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result in increased calls, primarily due to noise - EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: zes this site to be within the Primary Residential Area. Proposed The Comprehensive Plan recogni development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Established residential neighborhoods are to be protected against invasive land uses that, due to their activity, intensity, size, hours of operation or other factors, would tend to destabilize them. Uses proposed for introduction into such neighborhoods should be evaluated to ensure th at they are not destabilizing influences. HE Evaluation: Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball rims, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especially in regard to sound that emanates from the facility, such as the continuous bouncing of the ball, the sound of the skateboard wheels rolling across the plywood surface of the ramp, or the sound of the cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sounds, the sound increase beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise". Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance. Thus the requirements for this conditional use permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood. To accomplish this, the applicant developed a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for this use should prevent the sound from and activity of the ramp from becoming "noise" and an intrusion on the surrounding residents. The applicant also personally visited with the adjacent residents, explaining the standards and rules to them. Further, the applicant went beyond the adjacent residents and visited residents in the blocks around the subject site. The applicant gained signatures of support from those he visited. Staff, therefore, concludes that the ramp will be constructed and operated in a manner such that it will not prove to be a destabilizing influence in the neighborhood. The attached conditions, reflective of the applicant's self-imposed rules and standards, will ensure this. Additionally, a condition is recommended requiring an annual review of the facility to make sure the rules are being adhered to and the facility is not acting as a destabilizing influence on the neighborhood. CONDITIONS 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted property survey entitled "Site Plan of Lot 128, Hunt Club Forest Section Six" and dated August 28, 1986. 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (b) the sides and ends of the ramp shall be enclosed with wood; and (c) vinyl flooring (as indicated on the submitted construction detail) shall be installed between the plywood and the skating surface of the ramp. 7M] _a 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. 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. AERIAL OF SITE I Construction 2nd P12('-Rm,-nt Dpt;ail.-, EXISTING RARIPll. attenuating vinyl floor layer EXISTING SOUND ATTENUATION 9 7 WFM 90TPMnA7K=M%WW'=(PEM F) (n" Q tm _W —not. S. 33WIM SP -1 4 iz r1a DWXNM 4n, CURK SM T4 ftm P. -ft uomw 2.4�. D0�=purfV.4*WoNTo. uwx THF CLW.Mo euw.-mF BEENATUCHET0, cvvwi&�4 MAND �$MTSQ= MUP.FF)4QM'4Mw" OEM& (PLAN (2) Mftrw VlVt$l"oM.".fhw�" I � *Xs! vkc Tftoftuoamw�yww 2 Wr. SA0KjWMhrliE0,k sm GF pmnnm �o MUM 0 CLME 3 4. 'W. U,* 2. 16. 1.1lepXtAws� QcL, .104 M IV T4r 2.4 --- ----------- CONSTRUCTION DETA JLS HENRY C. SCOTT Agenda Item 9 Page 9 # Date Descri tion I Action 1 06-13-83 Zonin Chan e (A to R-8) Granted 2 09-26-00 Variance (Site Plan Ordinance floodplain regulations) rDenied Zoning Change (AG -1 & AG -2 to Conditional R-1 0) Conditional Use Permit (open space promotion & ffidevelopment) will EAU I !gig !&say M11 a I it _ CHA A W 114.112818 if! :!fig i 2-P HEN lot P-11 SUM CIA 16 C w His w W.-HiSO, k h �� 1 C MEN 1AM A Milt a z i -!z ASIA a H 91 i St VIM! Han it Pei jug3n 1 E vim 1 5 2�1 M 5 Q item 49 Henry C. Scott Conditional Use Permit 2425 Melstone Court District 7 Princess Anne July 11, 2007 CONSENT Barry Knight: The next item of business will be our consent items. The Vice Chair will handle this portion of the agenda. Janice Anderson: Thank you Chairman. We have four matters on the consent agenda this afternoon. The first one is agenda item 9, which is the application of Henry C. Scott. This is for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) located on property at 2425 Melstone Court in the Princess Anne District. Is there a representative on this application? Would you come forward please? Henry Scott: Good afternoon. My name is Henry Scott. I live at 2425 Melstone Court. Fve reviewed this with Ms. Bonilla. She has been ag ,reat help in putting this whole package together. The only thing that I disagree with on this and I want to ask a question about is the condition for putting a chain across the ramp. The ramp. itself, is in my backyard behind a closed perimeter fence with a locking gate. When it is not normally in use it is covered by a rain cover or tarp. The children know there are certain hours they can use it according to the permit, and that is covered by the noise ordinances within the City. I just thought = it was an overkill to have to go out and buy another piece of thing that is already, in my mind. not an equipment to put on this thing to cover some issue. Janice Anderson: Right. Mr. Scott, I'll let the Chairman go over it a little bit more. These are standard conditions that the City has come up with to have this outdoor facility that is compatible in a residential area. I believe that the chain is just a safety factor on the conditions so that children younger are not out there unless they have adult supervision. So, when it is not being used, an adult is not out there, so that is why I believe they requested a chain be put up as an extra safety measure. Henry Scott: The only kids who use it our mine and their friends. They're all 16 or older. Barry Knight: Mr. Scott, it is more or less a standard we have for the skateboard ramps. None of the Commissioners in our informal session wished to sponsor a cha Lge to that. If any Commissioners wish to sponsor a change to that now, please let it be , own. So, I think what we will do sir is we will continue to put you on the consent agen4a leaving that condition in there. Henry Scott: Fine. Okay. Janice Anderson: Thank you. Is there any objection to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Al Henley to review this application. Al Henley: Thank you. The Conditional Use Permit for an outdoor recreational facility of a skateboard ramp is located at 2425 Melstone Court. The applicant request a Conditional Use Permit to allow an outdoor recreational facility consisting of a skateboard ramp located within the parcels rear yard. The ramp will be limited primarily to the use of the applicant's two sons and two additional close friends. The applicant has met with all of the adjacent property owners as well as other residents surrounding the site, and the signatures of support from the residents were submitted with this application. Hours of operation will be from 10:00 am to dusk. Additionally, an adult will be on site when the ramp is in use and the access guate will be securely locked during other times to prevent unauthorized use or access. Skaters under the age of 16 will be required to wear helmets. Additionally, a condition of recommendation requiring an annual review of the facility to make sure that rules are being adhered to, and that the facility is not acting as a stabilizing influence on the neighborhood. Therefore, the Planning Commission has placed this item on consent. Janice Anderson: Thank you Al. Mr. Chairman, I have a motion for the approval of agenda item 9. Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond first. It is open up for discussion. There is a motion on the floor by Jan Anderson and seconded by Dave Redmond to approve the consent agenda item. I'll call for the question. AYE 11 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote of I 1 -0, the Board has approved item 9 for consent. "I'Iff U—J, ?I to Scale Richard F. Robertson MQN W, Zoning ChanLf? frov P-2 tog -?J! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Richard F. Robertson for a Change of Zoning Dii—strict Classification from B-2 Community Business District to R-20 Residential District on property located at 5536 and 5544 Parliament Drive (GPINs 1467232861; 1467233789). DISTRICT 2 – KEMPSVILLE MEETING DATE: August 14, 2007 Background: The applicant proposes to rezone two existing parcels, currently zoned B-2 Community Business District, to R-20 Residential District. Single-family dwellings occupy both parcels, and the applicant has no plans for changes to that use. Considerations: h side of Parliament Drive were zoned B-2 Business The properties on the nort District and 1-1 Light Industrial as * early as 1965; however the properties have remained residential in nature. Existing homes in the immediate area were built from 1910 through 1968. Properties to the west of the subject parcels have been rezoned from 1-1 Light Industrial to R-40 Residential in 1992 and from B-2 Community Business to R-20 Residential in 2005. Staff finds the request acceptable. The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles in the Comprehensive Plan for the Primary Residential Area focuses strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Planning Commission placed this item on the consent agend� because they concluded the residential zoning is more suitable for the parcels, the request is 'Consistent with the Comprehensive Plan, and there was no opposition. 111 Recommendations: The Planning commission passed a motion by a recorded vote of! 11 -0 to approve this request. Attachments: Staff Review Richard F. Robertson Page 2 of 2 Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submiffing Department/Agency: Planning Department City Manager5:� RICHARD F. ROBERTSON Agenda Item 10 July 11, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Chanc je of Z ming )istrict Classification from B-2 Community Business District to R-20 Residential District. ADDRESS / DESCRIPTION: 5536 and 5544 Parliament Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14672328610000; 2 — KEMPSVILLE 0.58 acre, 0.50 acre, and 0.10 acre 14672337890000; 14672338580000 SUMMARY OF REQUEST The applicant proposes to rezone the existing parcels, zoned B-2 Community Business District, to R-20 Residential District. Single-family dwellings occupy both parcels. Properties on the north side of Parliament Drive were rezoned to B-2 Community Business and I- 1 Light Industrial as early as 1965; however, the properties have remained residential. Rezonings from B- 2 Business and 1-1 Light Industrial to R-40 and R-20 Residential have already occur� ! ed on properties to the west of the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling occupies each lot. SURROUNDING LAND North: * Norfolk Southern right-of-way ay are office and USE AND ZONING: 9 Across the Norfolk and Southern right -of -w industrial uses / 1-1 Light Industrial is a shopping center South: 0 Parliament Drive, across Parliament Drive / B-2 Business East: 0 Single-family dwelling / B-2 Business West: 0 Single-family dwelling / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: sites. AICUZ: The site is in an AICUZ of Less than 65 dB DNL surrounding NAS Oceana. There is no impact to City services. IMPACT ON CITY SERVICES EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. Comprehensive Plan: The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles in the Comprehensive Plan for the Primary Residential Area focuses strongly on preserving and protecting the overall character, economic valueand aesthetic quality of the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: The properties on the north side of Parliament Drive were zoned B-2 Business District and 1-1 Light Industrial as early as 1965; however the properties have remained residential in nature. Existing homes in the immediate area were built from 1910 through 1968. Properties to the west of the subject parcels have been rezoned from 1-1 Light Industrial to R-40 Residential in 1992 and from B-2 Community Business to R-20 Residential in 2005. Staff finds the request acceptable. 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 aft 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. RICHARD F.','ROBERTSON AERIAL OF E L.QC'ATlPN,-, YAW SASW 0 MNER PARUAMENT DRIVE FORMERLY KEMPSVILLE TURNPIKE VARIABLE WDTH NOTES: PHYSICAL SURVEY OF 1"S PRCIPIERTY �CAU M FALL W PL*00 ZONE x LOT A. PROMTY OF JAMES A. FLEMMING AS SHOM ON THE NATIMAL F=D WSMANCE Pft"AAM MAP' MR TME OTY OF VAM4A RCA�W VIRGINIA BEACH VIRGINIA D.S.473. P.349-331 CMM. NO. 615531- 0027E rm DAUD: 125/96 RICHARD F. ROBERTSON RAM FU= WLXV� ;�At 4E67 j DP!t!� By FIELD- BOOK -0V 214 LOWIM FLOM CAM A �1 2001 DENNIS J. GERIMIZ P.C. 500 CEN'rRAL DRIVE� SUM 113 --'ARONIA KACH, VIRONA Z3454 PH. 498-102' 5536 Parliament Drive — SITELAYOUT'', MIS IS M CZCIFY MUT ON May 12, 1983 WE SURVEYED THE mpum stm CN THIS PLAT &ND TR&T In 3,TITLE -LINES ICAL IKAXWEbt= Alm Sww ()N THIS pLAT. TRE Immovasm srAND THE TITLE 7 LUM AND THERE ARE NO EiMUACHMM OR VISIBLE SHM. WON. JR. BY:, It L9T9 so AMES R FLENNIN6 144 07' "lei 5544 Parliament Drive — ITELAYVOUT,,��-' 1 1965 Rezoning (R -S3 Residence Suburban to C -L 1 Limited ---Approved Commercial) 2. 10/11/05 Rezoning (B-2 Business to R-20 Residential) Approved 11/28/73 Rezoning (R -S3 Residence Suburban to B-2 Business) Approved 3. 1/14/92 Rezoning (1-1 Light Industrial to R-40 Residential) Approved 4* 6/27/88 Rezoning (B-2 Business to B-1 Business) and a Conditional Approved Use Permit for Multi -family dwellings ZONING HISTORY,"'."'."' RICHARD F -ROBERT, Agenda Iter' Pn )ON A z LU Ld z D U) 0 W r-vl",%v .NOIT"Wffr% ,,LV Jiriddv UNINU14 a U > cc 75am R Q- �z g; ab� F 2:50 -cc -,6 ;R:g CD 0 i I 'g, E@ lu ce E 0, ->o 'o a E t6 < 0 Z 0 o 0 F, rE i�;E E— o 55 7 m �5 co Z5 'S i—!= 0 ot �'2 0 0 0 u E 2 0 Cc c: a 0 E Cc o C WES ;L 0 E'Z 0 =0 0 0 0 0 0 15 0, 7D > "Do r-vl",%v .NOIT"Wffr% ,,LV Jiriddv UNINU14 a U 2 75am R Q- �z -cc E0 M E i I 'g, ac t to 'o a 0 CE o 55 7 m �5 r-vl",%v .NOIT"Wffr% ,,LV Jiriddv UNINU14 a U DISCLOSU RICH 7 CD m E0 M E i I 'g, t co 0 0 Cc c: a Cc o �6 "Do 0 C) uj 18 LU 0. EL E z CL CD �N U) uj T q, at 2- o 7� M DISCLOSU RICH 7 Item #10 Richard F. Robertson Change of Zoning District Classification 5536 and 5544 Parliament Drive District 2 Kerapsville July 11, 2007 CONSENT Janice Anderson: The next matter is agenda item 10, which is the application of Richard Robertson. This is for a Change of Zoning Classification from B-2 Business to R-20 Residential District. This is on property located at 5536 and 5544 Parliament Drive in the Kemspville District. Mr. Bourdon? Eddie Bourdon: Thank you. For the record, Eddie Bourdon, a Virginia Beach attorney representing Mr. Robertson who is here this afternoon, and we appreciate being placed on the consent agenda for this housekeeping item. Janice Anderson: Thank you. Is there any objection to this matter being placed on the consent agenda? Seeing none, Mr. Henry Livas has been asked to review this application. Henry Livas: This request is for a Change of Zoning District Classification from B-2 Community Business District to R-20 Residential District. Single-family dwellings currently occupy two of the parcels. Properties on the north side of Parliament Drive were rezoned to B-2 Community Business and I- I Light Industrial as early as 1965; however, the properties have remained residential. Properties to the west of the subject parcels have been rezoned from Light Industrial and Business to R-20 and R-40 Residential. We find that the neighborhood towards residential is acceptable. Therefore, we have put it on the consent agenda, and we agree to this request. Janice Anderson: Thank you Henry. Mr. Chairman, I have a motion for the approval of agenda item 10. Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond first. It is open up for discussion. There is a motion on the floor by Jan Anderson and seconded by Dave Redmond to approve the consent agenda item. I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of I 1 -0, the Board has approved item 10 for consent. Page 1 of I Stephen J. White From: Leah [leah@kpct-coml Sent: Wednesday, July 18, 2007 4:42 PM To: Stephen J. White Cc: Jan Anderson; Carolyn Smith Subject: Ferrell Smith Deferral Follow Up Flag: Follow up Flag Status: Red Mr. White: In accordance with your email request, this is our written request to be deferred to the September 11 meeting of the Virginia Beach City Council. Thank you for your kind attention to this matter. Sincerely, Leah D. Copeland, Attorney for the Ferrells Leah D. Copeland, Esquire* KELLAM, PICKRELL, COX & TAYLOE, P.C. 300 Bank of the Commonwealth Building 403 Boush Street Norfolk, VA 23510 Telephone (757)627-8365 Facsimile (757)625-2189 *Also licensed to practice law in the State of North Carolina 1 09/28/99 CUP (motor vehicle sales & service) Granted CUP (motor vehicle sales & service) 02/26195 jExp=nsoi�onto Granted 2 04/10/89 c CUP motor vehicle sales & service) Granted 3 IJ01 /23j/89 to t a Nonconforming Use Granted ZONING HISTORY FERRELL AND SMITH Agenda Item 16 9�-* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Joanne S. Ferrell & Edith Johanna Smith for a C nge of Zoning District Classification from R -5D Residential District to onditional s District on property located at 213 an 217 B-2 Community Busines 407856101; 2407856107). DISTRICT 6 — 'EACH Louisa Avenue (GPINs 2 MEETING DATE: August 14,2007 Background: The applicant proposes to rezone the rear portion of three existing parcels zoned R-51) Residential to Conditional B-2 and to combine the rear portions with the adjacent parcel to the west, which fronts on First Colonial Road. Considerations: Of the three lots, two have single-family dwellings; the other is vacant. The lots are all located within the Greater than 75 AICUZ and within Accident Potential Zone 1 (APZ-1). The existing dwellings fronting on Louisa Avenue will remain and will continue to be on what is now the front portion of these lots�, which will remain residentially zoned. Only the rear of those lots, totaling 27,000 square feet, is proposed to be rezoned. The existing rear property lines of !these lots will be vacated, and the rear portions of the lots will be incorporated into the existing parcels to the west, which front on First Colonial Road. The remaining property, where the single-family homes are located, will meet all City Zoning Ordinance requirements; each lot will have dimensions of 60 feet by 106.95 feet or approximately 6,400 square feet for each lot. The lot currently without a single - w residential structure cannot be family house will remain vacant for now, as a ne constructed on the lot since it is within the APZ-1 Recommendations: The applicant is requesting that this matter be deferred to the September 11, 2007 City Council hearing. The deferral will allow the applicant to meet with the adjacent community to discuss the proposal in greater detail. Attachments: E -Mail requesting Deferral Staff Review Disclosure Statement Planning Commission Minutes Location Map Ferrell & Smith Page 2 of 2 Recommended Action: Deferral to the September 11, 2007 City Council hearing. Submitting Department/Agency: Planning Department City Manager!� � v :Z�d 01-Z. v JOANNE S. FERRELL & EDITH JOHANNA SMITH Agenda Item 16 July 11, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: ChangeofZ)ning )istrict Classification from R -5D Residential District to Conditional B-2 Community Business District. ADDRESS / DESCRIPTION: Property located at 213 & 217 Louisa Avenue GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24078561010000 27,000 square feet 24078561070000 6 - BEACH The applicant proposes to rezone the rear portion of three SUMMARY OF REQUEST existing parcels zoned R -5D Residential to Conditional B-2 and to combine the rear portions with the adjacent parcel to the west, which fronts on First Colonial Road. Of the three lots, two have single-family dwellings; the other is vacant. The lots are all located within the Greater than 75 AICUZ and within Accident Potential Zone 1 (APZ-1). The existing dwellings will remain and will continue to be on what is now the front portion of these lots, which will remain residentially zoned. Only the rear of those lots, totaling 27,000 square feet, is proposed to be rezoned. The existing rear property lines of these lots will be vacated, and the rear portions of the lots will be incorporated into the existing parcels to the west. The remaining property, where the single-family homes are located, will meet all City zoning requirements; each lot will have dimensions of 60 feet by 106.95 feet or approximately 6,400 square feet for each lot. The lot currently without a single-family house will remain vacant for now, as a new residential structure cannot be constructed on the lot since it is within the APZ-1 - LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwellings and vacant parcel SURROUNDING LAND North: * Single-family dwelling / R -5D Residential District USE AND ZONING: South: 0 Single-family dwelling / R -5D Residential District East: 0 Louisa Avenue, single-family dwellings / R -5D Residential District West: 0 Auto sales / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the vacant, grassed portion of the site that is proposed for rezoning. AICUZ: The site is in an AICUZ of Greater than 75dB Ldn and within APZ-1 surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): This section of First Colonial Road is slated for improvement as part of CIP 2-072. Construction is scheduled to begin in 2009. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic First Colonial 5,316 ADT 8,800 ADT ' (Leve I of Existing Land Use 30 Road Service "C") — 12,500 ADT ADT (Level of Service "E") Proposed Land Use 3 240 2 'Average Daily Trips 3 as defined by 3 residential lots as defined by 1.4 acres of B-2 plus 3 dwellings WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: tial Area, just outside the boundary of Strategic Growth This property is located within the Primary Residen n the Greater than 75 noise zone and Area 7. The property is highly impacted by AICUZ, as it is withi e a portion of within APZ-1. The application to rezone this property from R -5D to B-2 and then to subdivid lots 16, 17 and 18, Block 11, plat of Oceana Gardens is keeping with the Comprehensive Plan policies for this area. The Comprehensive Plan identifies the First Colonial Road corridor as an area that is considerably under developed. The plan recommends special attention to quality site and building design, including signs, to increase the overall attractiveness of this area. Evaluation: Staff considered several factors before the conclusion for a favorable recommendation summarized below. First, only the rear portions of these very deep lots are proposed for rezoning. Staff would not have ended approval had the request proposed B-2 all the way to Louisa Avenue, as this would have recomm 5,000 square feet, well been incompatible to the neighborhood. Currently, the lots are approximately 1 above the minimum lot size of 5,000 square feet for the R -5D Residential District. The homes will remain and residential uses will continue on the property as permitted. Proposed lot 16A will remain vacant as required by the Zoning Ordinance for residential uses located in APZ-1. The resultant residential lots are each proposed with approximately 6,400 square feet. Second, the property proposed for rezoning is entirely within the Greater than 75 AICUZ and, more significantly, entirely within the APZ-1. Recent amendments to the Zoning Ordinance pertaining to APZ-1 have been approved as a means of encouraging uses and structures in APZ-1 that are compatible with flight operations at NAS Oceana The existing residential zoning on the property is contradictory to that goal. However, great care must be taken when considering discretionary actions, as the property is surrounded on three (3) sides by existing residential uses. Uses on B-2 property can coexist with residential neighbors as long as provisions are in place to protect the quality of life of the residents. It should be noted that many uses that would be permitted by right under the B-2 zoning district are not permitted due to the presence of APZ-1. For example, retail uses such as apparel and furniture sales and eating and drinking establishments are not permitted in the APZ-1, nor are typical office uses. There are some specific uses that Section 1809 of the City Zoning Ordinance allows in both the B-2 and APZ-1 districts provided that the Planning Director concludes that any adverse impacts to surrounding residential or apartment uses are negated. There are uses that need a Conditional Use Permit prior to the adoption of the APZ-1 amendment. The ordinance now allows some of these uses provided that the characteristics of a proposal meet or exceed specific performance standards designed to ensure quality development and redevelopment higher than normal. Those standards include, but are not limited to, enhanced site and parking lot landscaping and buffering beyond minimum standards, low intensity lighting, limited hours of operation, narrow signage requirements, and superior building design and selection of exterior building materials. In addition, the Planning Director is required to contact all adjacent property owners to solicit input. This is important to note in this particular case as the proposed use of the property under consideration is not known. Finally, the access for ingress/egress would be through First Colonial Road and not Louisa Avenue. it would be very undesirable to have daily commercial traffic on this portion of Louisa Avenue. In sum, Staffs position is that the proposal represents a good re -use of the rear portions of these large residentially zoned properties located in the APZ-1. The proposed B-2 rezoning line ends approximately 107 feet from Louisa Drive and will not encroach into the neighborhood. The proffers offer controls for the future development on the property. In addition, safeguards are in place through the Zoning Ordinance in the event that more intense uses are contemplated. FE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFERI: The height of any building on the property shall not exceed 35 feet and the colors for the exterior of any building shall be predominately earth tone in color. PROFFER 2: There shall be a 15 foot building setback along the portion of the property that abuts R5D zoned property. A 6 foot privacy fence shall be installed along the common property line with Lot 19, Lot 12A and Lot 15. Such fence shall be solid and made of maintenance free material. Category 4 landscaping will be planted outside of this fence. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach Planning Department during final site plan review for review and approval as party of the site plan review process. PROFFER 4: The applicants shall resubdivide the property with regard to Lots 16, 17 and 18 as shown on Exhibit A for Rezoning dated January 11, 2007 entitled "Rezoning Exhibit for Parcel 9, 10, 11, 16, 17 and 18, Block 11, Oceana Gardens (MB 3, P 51) for Joanne S. Ferrell and Thomas S. Ferrell Family Trust" prepared by Kellam Gerwitz which has been exhibited to the City of Virginia Beach and is on file with the Planning Department. Resubdivided Lots 16A, 17A and 18A shall be restricted to single family use. 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 ensure compatibility with the adjacent residential area of any future uses on the B-2 zoned portion of the site. The City Attorney's Office has reviewed the proffer agreement dated May 7, 2007, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicab�e City Ordinances. Plans submitted with this rezoning application may require revision during detai0ed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Offiqe within the Police Department for crime prevention techniques and Crime Prevention Through Envfronmental Design (CPTED) concepts and strategies as they pertain to this site. 0 0 a (M/s lot) 3A I VNVIIINI 3nN3AVvsjnoi /0, .00*0z 60.00 60.00 co Q0 !g. R n CIO 1,6 a 0 0- 0 F ins ml z 0: C, -JNO E On" I 0 QO-25'�2-� E� 1,80:90C 3NII qNIN'0� ONY 3NII ;-L63d0bv :2 '"n '0 < b 02 Z 0.00 M,N sc < z IN3ssnb,�(;,0 N NOZ !N38Nno 0 0 C i C) 0 C,4 < n, -Z 0 2 Q co 0 z 000 < 0 (Ad Z > z nE E- 7 - W. R LLJ co -7 Z Lj) Z Lu < CD Z -< ON Z < LLJ < Lu U LL, '6 < U - — z z < 0 z n.- < LU w .-j LLJ L) tel < u cl� z L) 01 — 1 09128/99 CUP (motor vehicle sales & service�— Granted CUP (motor vehicle sales & service) 02/26/95 Granted 2 04/10/89 CUP (motor vehicle sales & service,�A+Vraanted 3 01123/8ii—,—Expansion to a Nonconforming se Gr Granted ZONING HISTORY FERRELL AND SMITH Agenda Item 16 Page 8 F - z Ld M z -a 78 6 M> 0 i 0.. at Eye to i IS Ag nag: LEW C c IV 0 0 z 2. -k a g WOOOMMOM - 00 go . hat Mw 00 0 Ma 22 011 lilt V wove 0 c zoo YOE 0 its = j=-- Sams, gj� i A. a a a Vtd =au) sts.unjec V �gs CZE Oj Z A so$j ale 2*4 WA z &6 0 V 918 MATS.W Aoil 2. S QzEi'OO&C =-a* =W-, M A OT ocj" etgo.gggy 1 JjEw S ov a Z6.9-' 4> 9 �01 Nunn, -W dr'%k crn"rur x0I1V31jc1dV UNINVAULU ..al 78 1 to i IS Ag C c IV 0 0 z 2. -k a - 00 go . as 00 Ma 22 011 lilt V Sams, a a a V crn"rur x0I1V31jc1dV UNINVAULU ..al 78 1 2. V V ot E 2*4 WA z &6 0 V M A a 00 ov a Z6.9-' 4> 9 �01 Iz- Z w c 4) ;� r a CD 0 r 51 Tim le & % G M— M— elm! qj t to my , e E we --;, 0 e 0 cc 8 "10122 2! we 5 —0 S 1 Q T 41 a E w WE =0 ItmIV 4 0 o 0 Tr R .00 u WA 0 M gin .8 Item # 16 Joanne S. Ferrell & Edith Johanna Smith Change of Zoning District Classification 213 & 217 Louisa Avenue District 6 Beach July 11, 2007 REGULAR Barry Knight: Mr. Strange, the next item to be heard please? Joseph Strange: The next item is item 16, Joanne S. Ferrell and Edith Johanna Smith. An application of Joanne S. Ferrell and Edith Johanna Smith, for a Change of Zoning District Classification from R-51) Residential District to Conditional B-2 Community Business District, on property located at 213 and 217 Louisa Avenue, District 6, with five proffers. Barry Knight: Ma'am welcome. We will give you a few minutes to let the crowd clear out of here. We'll give you more of our attention. Mr. Weeden, don't start the clock yet. Welcome ma'am. Please state your name for the record. Leah Copeland: Good afternoon. My name is Leah Copeland. I'm an attorney for the applicants, the Ferrell Family. We're looking at a piece of property that is located between First Colonial and Louisa Avenue, right at the Oceana curve. What were looking to do is rezone a portion of the property from R-51) to B-2. This is a good view of the property. The applicants also own Lots 9, 10 & 11, which are zoned B-2. The portion that we are looking to rezone are the shaded portions of 18, 17 & 16. The entire lot 18, 17 & 16 are 15,000 square foot lots currently zoned residential; two of them have houses on them. Out applicants are simply looking to rezone the back portion of the property. They understand there are concerns in the Oceana Gardens community that there is encroachment as far as commercial property. However, this is an APZ I zone, as well as a greater than 75 noise level zone, and there is very little that can be done with this property. Therefore, they have applied simply for the back portion of the lots to be rezoned conditional B-2. That would leave the front portions 18A, 17A & 16A, which you are looking at, as residential single-family, R -5D, and those leave 6,400 square foot lots. The minimum square footage in R-51) is 5,000 square feet. So, they are still well above the square footage that is necessary for a residential residence. There is no plan at this point for what the use is to be. I will tell you that on Lots 9, 10 & 11, which are owned by the applicants, there is currently a car dealership. It is on a month to month lease. There is no long term lease there. There is an understanding, and this has been addressed. I believe there is concern from the community that the car lot will go back on to those new lots. They can't do that. There is a conditional zoning in effect if this is allowed to go through, where anything that is done with the property, it would have to come before you again, and the neighborhood would be allowed to comment. We're simply looking to rezone it at this point, then we can resubdivide the lots so that Lots 9, 10 & I I would then include 18, 17 & 16 back portion. That is what we're looking to do. I'll be happy to answer any questions. Barry Knight: Are there any questions at this time? Leah Copeland: Thank you - Barry Knight: Thank you. Joseph Strange: Speaking in support of the application we have Jerry Howren. Jerry Howren: Good afternoon. Barry Knight: Welcome sir. Jerry Howren: My name is Jerry Howren. I live at 205 Louisa Avenue, which would be right there (pointing to PowerPoint). I spoke with Ms. Ferrell and her attorney. Personally, I would rather see the property stay as it is, but I know that it won't. It is going to change commercial. So, I would like to see an eight -foot fence all around the residential section of the property that would start between all the homes you see there, going all the way up to Lot 12A, an eight -foot fence with no entrances or exits going on to Louisa Avenue. Also, there is probably three old trees out there, two of them are oak trees, now that everybody is being of a green nature, those two oak trees are probably over 100 years old and a pine tree that is probably over 100 years. I would like to see those stay. They have also agreed to that; so, as far as I'm concerned, they agreed to the eight foot fence, no entrance, no exit to Louisa Avenue, save those old oak trees, and I have no problem with it, if they will meet those conditions. Barry Knight: Mr. Howren, looking here under proffer 2, it says that six-foot privacy fence. Jerry Howren: A six-foot wouldn't do my lot any good, because I'm sitting up on. a three-foot crawl space; so, where my back porch is and my kitchen, I can just see right over it. I've had a problem dealing with that lot in past, the car lot there of trash and so forth. Like I said, I spoke with Ms. Ferrell earlier, and her attorney, and they both agreed to that. Barry Knight: We'll get her to readdress that when she comes back up. Jerry Howren: Okay. Barry Knight: Okay. Thank you. Are there any questions for Mr. Howren? Thank you sir. Jerry Howren: Alright. Thank you. Joseph Strange: Speaking in opposition we have Sam Reid. Barry Knight: Welcome Sam. Sam Reid: Hey. Good afternoon. A long afternoon for you all. My name is Sam Reid, and I live at 1533 Virginia Beach Boulevard. I'm the President of the Oceana Gardens Coalition Civic League. We had a civic league meeting and Ms. Ferrell came to the meeting. She addressed some of the folks, and after she left, we basically took an informal vote. There were only a couple of people that agreed to changing it over to commercial, and at this point, we were told there were no plans for the property, and that she "had not negotiated" with the car lot. So, my first question is why do they zone it at all if you have no plans for the property at this time? Why can't this be deferred or done later on? The next thing is that in the APZ I, a Conditional B-2, there are a certain number of things you can do in the APZ I with commercial property, such as furniture making, car lot, warehouse, light industry. That is about it. So, it has got to be one of those. The car lot is right next door to it. It is not a great jump to figure that out. if it is approved, we would like some kind of input into, at least, what is going to happen. Can you show the aerial view? If you look at that aerial view, there are quite a few things that are going. This gets out of the technical side of it and more into what Mr. Horsley was talking about with community and history of Virginia Beach. That neighborhood is 10 1 years old. I've talked to Jim Reeve and Steven Mansfield, who did the book on Princess Anne County, Virginia Beach, about getting historical status for that neighborhood. It is the oldest platted neighborhood in the city. If you look right up here, this is going to be Tidewater Pipe and Valve commercial property. He came before you, and he agreed to make it look more residential and everything. It has been a great experience. This property right down here is going to be owned by the City, and they have actually talked about this becoming some kind of a commercial outfit. The road is being widened up here and they are taking these properties over here. This is a daycare center, and I don't believe they have B-2 zoning or daycare zoning for that. Security Plumbing was right here, which was illegal, and they since had to close down and move out. This house right here was operated by lady running a newspaper company. So, my point is that on all sides, we moved into a neighborhood. My father-in-law has lived there since 1943, and you're in a community or in a neighborhood, and all of a sudden, you got factions from all different angles who want to push the commercial side in. I know that right now, Oceana Land Use Conformity Committee is looking to do an exchange program where they move some of the non -complying businesses, restaurants and so forth, out of the APZ I and move in the industrial type businesses. But from all angles, this little neighborhood has survived for 10 1 years. Ed Weeden: Your time is up. Sam Reid: Thank you. It is now at a point where from all different fashions, it is a little chunk here, a chunk there, to cut into the neighborhood. I know that this isn't a dollar and cents plea. It is a plea from a neighborhood that would like to stay a residential community and not have pieces taken out of it slowly. Barry Knight: Mr. Reid? You need to wrap it up sir. Sam Reid: I'll wrap it up. When you drive down Louisa Avenue and look back there and you see the extent of that yard, and the trees and so forth back there, that is part of the community when you see that and understand. Have any of you been through there? Barry Knight: Are there any questions of Mr. Reid? Thank you. Sam Reid: Thank you. Joseph Strange: The speaker in opposition is Mark DiSilvestro. Barry Knight: Welcome sir. Mark DiSilvestro: Good afternoon ladies and gentlemen. My name is Mark DiSilvestro, and I own the property at 221 Louisa Avenue, which is right at the north end of the area that is in question, as far as being rezoned. And, I have over 100 feet of backy 3xd here, which butts against this other automotive business here. I appreciate having this much distance between the house and the automotive business. I feel that any expansion to the commercial in this area is going to bring all of this commercial much closer to the residential area. There was also reference made to the fence, and there is six-foot high fence back there right now. Portions of the fence, and I don't know who is responsible for maintaining the fence, but portions of the fence have completely collapsedi and other portions of the fence have been replaced but attached to old fence posts. So, tbey're rotten and the new portions are leaning precariously. So, there has been a lack of maintenance on the existing fence between the automotive businesses and the residential, and I've had reports of unauthorized pedestrian traffic, people taking short cuts through yards and whatnot. So, I have some concerns. And, also you have an area with grass and trees, and if it is rezoned as a commercial or a business, I expect since there are a limited amount of uses because of the APZ classification, it is probably going to be some kind of automotive business. Are we going to replace the grassy areas and trees with more pavement, concrete and asphalt? And finally, because it is an APZ classification, that impacts the value of my property. If I have a car business that is now 100 feet closer to my property. Is that going to have a further impact on my property value? That is why I object to this rezoning request. Barry Knight: Thank you. Are there any questions for Mr. DiSilvestro? Tha� you sir. Mark DiSilvestro: Thank you. Joseph Strange: The next speaker in opposition is David H. Hauscom. David Hauscom: Good afternoon ladies and gentlemen. Barry Knight: Take your time sir. David Hauscom: My name is David Hauscom. I live 1654 Indiana Avenue. be right in here (pointing to PowerPoint). Where do I begin? I got sympath� people in this particular issue. There are a lot of trees back in here. I don't any of those trees gone, especially the large ones that are 15 to 25 feet. Wh business began, we agreed to have an eight -foot fence. Lately, they have m but for a long time they didn't maintain it properly. The reason I wanted th because I could see, and being the comer property, vandalism would be ran has been a lot of police calls out there. There are a lot of people cutting thri get through here. In fact, the vacant lot coming across here, starting on Lot where the police apprehended somebody who burglarized that business. TI security is my major concern about this entire project. I would like to see a eight -foot fence. Personally, would like to see it solid and wired so no one I that fence. I would also like to see some lighting out there so nobody can r I'liat would s to many rant to see i this car �ntained it, fence was ied. There igh just to 3a, that is & is why -nce too, an )es through )ve out there and would not want to be shadows. This property is about a foot higher and paved from the other properties. I have a real problem with drainage backing up when it rains in my yard. It is a foregoing conclusion from what you heard here that this property is fice Park, which was just recently developed, they have a drainage pond back there, and also barbed wire and it is very close to the neighborhood behind it, which is West Oceana Gardens. I really, to be honest with you, kind of resent the fact, that nobody has tried to talk to me about this at 0. The Planning Department and the folks in the Planning Department were very nice about it, in fact, but I haven't had any communication with Ms. Ferrell, none whatsoever. By the way, I had some photographs that I have taken that illustrate things. For instance, this shows the drainage pond across the street, which will probably be a good model if you're going to do something like this, and this photograph also shows a rain to that mark at one -foot intervals, and a level which shows exactly high how that property really is. But I intended to agree with Mark and Mr. Reid about this. I really would like to have a lot more communication with my neighbors on what they want to do with things. Barry Knight: Thank you sir. Joseph Strange: That concludes the speakers. Barry Knight: You're welcome to come back up ma'am. Welcome back, and please identify yourself again for the record. Leah Copeland: Thank you. Again, my name is Leah Copeland, attorney for the applicants. I think a number of our proffers address some of the issues that were brought up by parties. Each of them addressed fencing. In the proffers currently, we do have that the six-foot fence of the maintenance -free material, which would essentially be vinyl and solid all the way through will be put up. I talked with my client and she said that an eight -foot fence, she would not have any objection to; so, between now and Council, I think we can change our proffers to reflect an eight -foot fence to work that out between the neighbors. Mr. Howren, who was the first to speak, also addressed ingress/egress, which I failed to address. There would be no egress/ingress from Louisa Avenue. All would be through First Colonial Road. And the understanding of this application is there is no commercial traffic on Louisa Avenue. In regards to the old trees, again my client, at this point, had no problem with that. Again, any proposed uses are going to have to come before you again, and again they are going to have the opportunity to object to them. Mr. Reid asked why we need the rezoning now that we don't have a proposed use. Frankly, at this time it is difficult to find somebody to come in and use the property if they know we got to go through this entire process. If we can go ahead and have it rezoned and ready to go, then potentially we can have a tenant in there that would be able to use the whole property. And again, we would come before you for their uses but we wouldn't have to go through rezoning and then for use. That is why we're doing it now. Again, we are just asking for the back portion of the property. We do understand the neighborhood component of this, and that is why we are not seeking the full lot size. We're leaving the houses. We're leaving 6,400 square foot lots along Louisa Avenue, which will keep the neighborhood appeal. We're just looking for the back portion of the property. Mr. DiSilvestro again addressed the fence. We have spoken with the current tenants. I understand that when you drove by, there were some concerns, and the fence has been replaced. And, again these are addressed in our proffers. Also, landscaping is addressed in our proffers. He had addressed that. He liked the trees in the backyard and so and so forth. We will have landscaping beyond the fence. Finally, Mr. Hauscom. asked about lighting. Again, lighting is addressed in the proffers. There will be adequate lighting. However, it is lighting that will not reflect on to the neighbors. I believe we have addressed all issues that the neighbors are concerned with. Again, we will speak with them between now and Council regarding the eight foot fence and see what we can't come up with, but I do think this is ready to go. Barry Knight: Thank you. Are there any questions? Thank you ma'am. Leah Copeland: Thank you. Barry Knight: I'll open it up for discussion. Mr. Henley. Al Henley: Jack, is First Colonial Road slated for widening? Jack Whitney: In the Master Street and Highway plan, it may be. In the Capital Improvement Project, I don't believe we have an actual project funded. Al Henley: so if it is, it is way down the road? Jack Whitney: Yes it is. Barry Knight: Is there any other discussion? Donald Horsley: Barry? Barry Knight: Yes sir. Donald Horsley: I will sponsor this gentleman. Barry Knight: Okay. Mr. Reid, come back to the microphone. Please identify yourself again please. Sam Reid: Sam Reid, Oceana Gardens Civic League President. The widening of First Colonial Road, the City's already bought the Red Baron, the Double L and s me other properties right along in here. The Double L is over here. There is a little barbershop there and some other right here. So, the widening for Oceana Boulevard, and the way I understand it is supposed to come through. This is an auto parts repair place, Donovan's Auto Center, so it is supposed to come through here. I'm not sure if it is taking any of the land that is part of Ms. Ferrell's and the car lot. But I do know that it is supposed to come up through here. This right here is the Red Baron. This is another car lot. All of these are supposed to be bought. This one has already been bought. The Double L on this comer over here is in the process of being bought up. And the Wawa gas station is right here right now. This is an old photo. But the project is in swing. The) are buying the property and they are using the 15 million dollars for the Oceana Land U se Conformity to do that with because it is all considered one deal. Donald Horsley: Thank you. Jack Whitney: Mr. Chairman? Barry Knight: Mr. Whitney. Jack Whitney: I want to address it. There are some improvements to First Colonial Road planned to begin in 2009. A lot of these property acquisitions have to do with acquisition of uses in the APZ I area. But there are some improvements to First Colonial Road slated to begin construction in 2009. Barry Knight: Thank you. Is there any discussion from the Commission? It looks like we have a situation here where these are large lots, and the residents would like to keep the large lots. It has been open space and they want to keep it as open space. They don't want to see it developed is what I see. Of course, then we have to weigh the issues of the property owners. You can put any houses. They can't subdivide and put any houses. They are very limited to what they can do. So, it looks like we have a question before us is to whether to approve this to a higher use or leave it the way it is. Mr. Henley? Al Henley: I guess I would be not a very good Commissioner if I voted for this. I just voted against my neighborhood by saying that I didn't want additional change. I know that this is a very, very old neighborhood. I've had some friends that are no longer here with us, and they resided in that neighborhood. That is a historical neighborhood. And, if I was residing in that neighborhood, I would love to see no changes to that and remain those backyards. I know there have been other areas. The newer neighborhoods in the City of Virginia Beach where you have large lots and they have come in before us to build additional homes and make those lots smaller, Trentwood was one, Thalia Gardens was another one, and so forth. I think anytime like that when we begin to chip away, not only on historical neighborhoods but also our existing neighborhoods then your changing the entire culture, if you would, if you would of those neighborhoods, by reducing the lots to a smaller size. I realize we have additional people that are moving in our lovely City, and we're going to need additional spaces to live, but I just cannot see how I can support this particular application because of the neighborhood. I have to decide with the residents that came before us today; so, I will not be able to support this application. Barry Knight: Thank you. Mr. Horsley. Donald Horsley: Thank you. I'm going to side with Al on this, because, and my reason is we've got a pretty large rectangular property there. It looks like we're just cutting out one little parcel that we may not have a use for but there is a use somewhere. Pretty quick it is going to beput there. It just looks like tome that we're just cutting out a little chunk. I would prefer that if we got a plan for that area, we have to keep as large a tract together as possible. I don't think we should jump into a residential area and just carve out a little piece of B-2 property and rezone it B-2. If you look on the map on Page 8, you can see that is just cutting out a little piece to join this front piece. That is what it looks like to me. I think there isn't a use now, but I think that someone may have. But I prefer to keep that larger piece together. If it is going to be redevelopedjust develop it as a large piece. Barry Knight: Thank you Mr. Horsley. Are there any other questions or comments? The Chair will entertain a motion. Al Henley: I make a motion to deny. Barry Knight: A motion to deny? Do I have a second? Okay. There is a motion on the floor to deny item 16. The motion made by Al Henley and a second by Don Horsley. A YEA vote will be a motion to deny. Ms. Anderson? Janice Anderson: Yes. I need to abstain. My firm is working on this Barry Knight: Thank You- Is there any other discussion? Mr. Bernas. Jay Bernas: I think I may side with Commissioners Horsley and Henley. I think the underlying concern that the residents have is the unknown. I understand the ap I plicant's position that they want to get it rezoned, and then market it that way. But I think the underlying issues are the unknown, and what is going to go there. So, I'm not, going to be in favor of the application. I rather see it together as a rezoning and a Conditional Use Permit just because of the unknown. I think that is some of their underlying concerns are what is going to go there? is it going to be compatible from the residential nature? Barry Knight: Thank you Mr. Bernas. is there any other discussion? There is a motion on the floor to deny. I'll call for the question. STRANGE NAY WOOD AYE Ed Weeden: By a vote 7-3, with the abstention so noted, the application of J anne S. Ferrell and Edith Johanna Smith has been denied. AYE 7 NAY 3 ABS I ABSENT 0 ANDERSON ABS BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS NAY REDMOND NAY STRANGE NAY WOOD AYE Ed Weeden: By a vote 7-3, with the abstention so noted, the application of J anne S. Ferrell and Edith Johanna Smith has been denied. Zoning Change from R -5D to B-2 1A. In Reply Refer To Our File No. DF -6532 TO: Leslie L. Lilley, FROM: B. Kay Wilso; CITY OF VIRGINIA BEACH fNTER-OFFICE CORRESPONDENCE DATE: August 3, 2007 DEPT: City Attorney DEPT: City Attorney RE- Conditional Zoning Application; Ferrell, Joanne S. & Smith, Edith Joanne S. The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 14, 2007. 1 have reviewed the subject proffer agreement, dated May 7, 2007 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 OUR tW'O*�� In Reply Refer To Our File No. DF -6532 TO: Leslie L. Lilley, FROM: B. Kay Wilso; CITY OF VIRGINIA BEACH fNTER-OFFICE CORRESPONDENCE DATE: August 3, 2007 DEPT: City Attorney DEPT: City Attorney RE- Conditional Zoning Application; Ferrell, Joanne S. & Smith, Edith Joanne S. The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 14, 2007. 1 have reviewed the subject proffer agreement, dated May 7, 2007 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 KELLAM, PICKRELL, COX & TAYLOE I PROFESSIONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. Joanne S. Ferrell and Edith Johanna Ferrell Smith, Successor Trustee under the Thomas S. Ferrell, Jr. Family Trust TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 70'day of May, 2007 by and between JOANNE S. FERRELL and EDITH JOHANNA FERRELL SMITH, Successor Trustee under the Thomas S. Ferrell, Jr. Family Trust, GRANTORS, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Of Virginia, GRANTEE. WI '4ESSETH: WHEREAS, the Grantors are the owners of certain parcels of land located in the Beach District of the City of Virginia Beach, formerly known as Lots 16, 17 and 18 in Block 11, Oceana Gardens, Map Book 3, Page 51, and as more particularly described in Exhibit A prepared by Kellam Gerwitz which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantors' parcels are zoned R51), Residential District, are located in an AICUZ Zone of greater than 75dB Ldn and lie within Accident Potential Zone 1; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of a portion of Lots 16, 17 and 18, Block 11, Oceana Gardens, Map Book 3, . Page 51 as described in Exhibit B from R51), Residential District to Conditional B2, Business District; and WHEREAS, the Grantors acknowledge 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 GPIN: 2407-85-6101-0000 2407-85-6107-0000 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 Grantors' rezoning application gives rise; and WHEREAS, the Grantors have 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 B-2 Business District and Accident Potential Zone I areas by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property being recorded 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 Grantors, for themselves, 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 o for zoning, rezoning, site plan, building permit, or gjL 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 being rezoned 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 1 persons claiming under or through the Grantors, their successors, �ersonal representatives, KELLAM, PICKRELL, COX &TAYLOE assigns, grantee, and other successors in interest or title: A PRoFESSIOMAL- CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. KELLAM, PICKRELL, COX &TAYLOE PROFESSIONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. I . The height of any building on the property shall not exceed 35 feet and thc colors for the exterior of any building shall be predominantly earth tone in color. 2. There shall be a 15 foot building setback along the portion of the property which abuts R51) zoned property. A 6 foot privacy fence shall be installed along the Common Property line with Lot 19, Lot 12A and Lot 15. Such fence shall be solid and made of maintenance -free material and shall otherwise comply with the City Zoning Ordinance. Category 4 landscaping will be Planted outside of this fence. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach Planning Department during final site plan review for review and approval as part of the site plan review process. 4. The applicants shall resubdivide the property with regard to Lots 16, 17 and 18 as shown on Exhibit A for Rezoning dated January 11, 2007 entitled "Rezoning Exhibit for Parcel 9, 10, 11, 16, 17 and 18, Block 11, Oceana Gardens (MB 3, P 5 1) for Joanne S. Ferrell and Thomas S. Ferrell Family Trust" prepared by Kellam Gerwitz which has been exhibited to the City of Virginia Beach and is on file with the Planning Department. Resubdivided Lots 16A, 17A and 18A shall be restricted to single family use. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is apart 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 k] written instrument record in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of thee 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 15.2-2004 of the Code of Virginia, 1050, 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 KELLAM, PICKRELL, COX & TAYLOE (4) The Zoning Map may show by an appropriate symbol !on the map the existence A rROFES-11ONAL CORPORA710N ATTORNEYS AT LAW NORFOLK, VA.. of conditions attaching to the zoning of the Property, and the ordinances and the conditions FILE NO. KELLAM, PICKRELL, COX & TAYLOE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW NORFOLK, VA. FILE NO. may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. WITNESS the following signature and seal: Grantors: Joan e S. Ferrell Smith, ucc essor Trustee Edith Johanna errell S Vuc-�4_c2es`sorTn�ist,-,- under the Thomas S. Ferrell, Jr. Family Trust STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of &,yE 2007, by Joanne S. Ferrell. 1, )ac�_ N4otary Public My commission expires: 01 -3 jZ00 q L__ __ STATE OF VIRGIMA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was ackno,%,vldg d before me *,his S�t-4 day of I Se 2007, by Edith Johanna Fere 11 Smith, Successor T-Fustee under the Thomas S. Ferrell, Jr. Family Trust. �' I 114 11 �17 Notary Public My commission expires: _6 1 DIMPLANNING \PROFFER AGREEMENT 0 0 0 LJ LO z 0 1`14 CL 0 0:2 W wz< x CL Fn L� (MM lot) �\�3nN3AV VSInOI < < 00 0 z 04 N ui Lr)I W- 0) Ljj 0 0" w ui 6 3: Lr) -34, co 0 o:r 0 C F 10 z 00 00 z 0 N w 04 0 60.0 60-00' Z' 60 00' 0-25'32" E -QO: D r\N s 6 , I ONIKOf (*V'3�1-1 '�,A3�08d 03SIA38 \3\Nl\ > �j NN\ 0) C-4 �2 L'i T Lr) w 0 co (D I Lo (7) < 04 r, Z 0)0 4 t r, C6 04 ZI 14 < 00 C) 0 OF- 00\ LO LO c LJ 01 (Y < O\ co� — r.- ZO 0, C6 .0- 00 0 04 b<'.\ ONINOZ IN388n d I �i, M�,wo� \u -j C141 (n WHO-OHM-m-mb)a Iwo W -M m �m me m r- 00 a- Z-13 ONINOZ iN386no o cy) 0 - LJ 77 < Q i ui L) < < > 6 0 LLI a- F- m 0 -C z ro 0) rZ L) L'i ff) 04 0: m x L, uj �- 0 uj r, CI4 00 z 0 .t MON 0 < 0 ro u * 11 ID 04 < EL z w M 00 C,4 N L'i on 00 z OL 0 - " 0 n C14 j 04 U) V) L" < z cov9 r4o 013 WIS CO ,Uir, Z CI4 r 11 LO (0 u m 0 00 LU LLI -i LLJ < LL - u C) V) u C) C4 < u ce- z U < Ln z < X n- LU z > C55) LW L, C L.0 cy- LLJ 0 < :E C) Z > - 1, ;� z Z LLJ z u LLJ LU u un - U� :5 0 00 LU LLI -i LLJ < LL - u C) V) u C) C4 < u ce- z U Ln > < X n- LU z LW L, C L.0 cy- LLJ 0 < :E C) z Z LLJ < LLJ LU u un - U� :5 EL. < 0 z z z < 0 00 LU LLI -i LLJ < LL - u C) V) u C) C4 < u ce- z U EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain, lot, piece or parcel of land together with improvement thereon and appurtenances thereto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as that portion of Lots 16, 17 and 18 to be rezoned B2 as shown on that certain plat entitled "Preliminary Rezoning Exhibit for Parcel 9, 10, 11, 16, 17 & 18; Blk 11, Oceana Gardens (MB. 3, PG. 5 1) for Joanne S. Ferrell & Thomas S - Ferrell, Jr. Family Trust, Virginia Beach, Virginia" which said plat is attached hereto. DOC/PLANNING/FERRELL TRUST LEGAL -59 - Item V -L. 7 PLAMVING ITEM#56627 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEF17VITEL Y Ordinance upon application of A GC A CQUISITION, L.L C for a Change of Zon District Classification rom A G-2 Agricultural District to Conditional B-4 Mixed Use District: , f ORDINANCE UPON APPLICA TION OF A GC A CQ UISITION, L. L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -2 AGRICULTURAL DISTRICT TO CONDITIONAL B-4 AffXED USE DISTRICT Ordinance upon application ofAGC Acquisition, L.L. C. for a Change o Zoning District Classification ftom AG -2 Agricultural District to Conditional B-4 Mixed Use District on property located at 1291 Nimmo Parkway (GPIN 2414161683). DISTRICT 7 — PRINCESS AAWE Voting. 9-0 (By Consent) Council Members Voting Aye: William R "Bill" DeStepk Barbara M. Henley, Vice Mayor Louis X Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemwy Wilson andJames L. Wood Council Members Voting Nay: None Council Members Absent: Har?y E. Diezel and Robert M Dyer July 10, 2007 TRouTm,6,N SANDERS LLP A T T 0 R N E Y S A T L A W A LIMITED LIAOI LIT V PART NEASN"' 222 Central Park Avenue suite 2000 VIRGINIA BEACH. VIRGINIA 23482 www.troutmansanders.com TELEPHONE: 757-667-7500 FACSIMILE: 757-a$7-7510 R. J. Nutter, 11 I.nutteretroLftnansanders.com July 10, 2007 BY FACSIMILE 7571385-5669 Ruth Hodges Fraser, MMIC City Clerk City of Virginia Beach 2401 Courthouse Drive, Room 281 Virginia Beach, Virginia 23456 RE: Conditional Rezoning Application of AGC Acquisition, LLC Dear Mrs. Fraser: DIred Dial: 767-687-7502 Dire& Fox. 757-687-1614 I represent AGC Acquisition, LLC in its Conditional Rezoning Application currently scheduled to be heard by City Council this evening, June 10, 2007. The purpose of this correspondence is to request a 30 -day deferral of this matter to August 14, 2007, in order to address recent issues raised concerning this application. We hope to address these issues over the course of the next two weeks. Thanking you for your consideration in this matter, I am / " Very truly ours, R. J,*utter, U cc: Mr. Ramon W. Breeden, Jr. The Honorable Barbara M. Henley ATLAr-JTA HONG ICONG . Lols;DoN - NEW YORK - NEWARK - NORFOLK - RALEIG11 RicHmOND SRANGHAI - TysoNs CoRwrvt . VIRGINIA 13EACH - WASHING,roN. D.C. 44�� W-77 awl, rm Nl,M ORM f ON' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of AGC Acquisition, L.L.C. for a Chang -e of Zoning District Classification from AG -2 Agricultural District to Conditional B-4 Mi"d Use District on property located at 1291 Nimmo Parkway (GPIN 2414161683). DISTRICT 7 — PRINCESS ANNE MEETING DATE: August 14,2007 Background: The applicant proposes to rezone an existing parcel, zoned AG -2 Agricultural District, to Conditional B-4 Mixed Use District, and to develop the site with retail uses and multi -family dwellings. The applicant proposes a retail building of 24,777 square feet and 99 multi -family dwellings. This application was indefinitely deferred by the City Council on July 10, 2007. The applicants representative notified staff of the applicant's desire to have the item returned to City Council on August 14, 2007, for consideration. In compliance with that request, the application was legally advertised and new public signs were placed at the property advertising the August 14, 2007, meeting date. The application, therefore, has been advertised as required by the State Code and the City Zoning Ordinance and must be heard scheduled for the August 14, 2007 meeting. Considerations: quested an indefinite deferral of this item to allow The applicant has now re outstanding issues that have arisen since the Planning additional time to address commission hearing. Recommendations: ended. Based upon discussions Indefinite deferral of the application is recomM rking on revisions to the MOU with the Navy, the City and Navy are jointly wo process in the 65 to 70 decibel zone. AGC Acquisition, L. L.C. Page 2 of 2 Attachments: Location Map Recommended Action: Indefinite deferral. Submifting DepartmentlAgency: Planning Department City Manager: ':� �' - :�q "I -IL -31 - item V-14. PLANNING ITEM #56549 Attorney Edward Bourdon, Pembroke Office Park, Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicant and requested DEFERRAL until August 14, 2007. His clients have spoken to Kenneth Lacy, President — Lynnhaven woods Civic League, re storm water runoff and will make arrangements to meet with the Lynnhaven Woods Civic League. Upon motion by Council Lady McClanan,, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 14, 2007, Ordinance upon application of SOUTH H"PTON ROADS IIABITA T FOR HUMANITY, INC. for a Conditional Change of Zoning re the construction of a ten (10) unit residential condominium ORDINANCE UPON APPLICATION OF SOUTH JL4MPTON ROADS HABITAT FOR HUAMNITY, INC FOR A CHA rGE F ZONING DISTRICTCLA ;IFICA TION FROM R-7.5 To CONDITIONAL A-12 Ordinance upon Application of south Hampton Roads Habitat for Humanity, Inc. for a e of Zoning DiLskict Classi lic_ationfrom R-7.5 f Residential District to Conditional A-12 Apartment District on property located on the east side of Zurich Arch, south of 1-264 (GPIN 1487939540). DISTRICT 3 —ROSE HALL Council Lady McClanan reiterated the concern and reduced the Conditional Use Permit ftom a ten (10) unit to a six (6) unit residential condominium. The Memorandum of Understanding (MOL9 Committee met on April 26, 2007, and was of the opinion that there are no other reasonable usesfor the property that are compatible with the Navy's AICUZ Program guidelines. A maximum development potential of the site, six (6) unit residential condominium is not unreasonable. This application is within the 65-70 dB DNL Noise Zone. Voting: 10-0 Council Members Voting AYe: William R. "Bill" DeSteph HarryE.Diezel, RoberlMDyer, BarbaraM Henley, Vice Mayor Louis R. Jones, Reba&McClanan, MayorMeyeraE- Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 South Ham-htnn Rnad-,c Conditional Zoning Chage: from R 7.5 to A- 12 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance upon Application of South Hampton Roads Habitat for Humanity, Inc. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on property located on the east side of Zurich Arch, south of 1-264 (GPIN 1487939640). DISTRICT 3 — ROSE HALL MEETING DATE: August 14,2007 0 Background: The applicant has received a donation of this parcel for the purpose of creating affordable housing. The applicant proposes to rezone the existing R-7.5 property to A-1 2 Apartment District for the purpose of constructing a ten (10) unit residential condominium. On June 12, 2007, the City Council deferred this application to August 14 at the request of the applicant. 0 Considerations: The applicant has submitted a letter requesting indefinite deferral of this application. Recommendations: Allow indefinite deferral. E Attachments: Letter requesting Deferral Location Map Recommended Action: Indefinite Deferral Submitting DepartmentiAgency: Planning Department City Managen! SYKES, BOURDON, AlnN & LEW, P.0 ATTORNEYS AND COUNSELORS AT LAW PEMBROKE 'OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FiFrH FLOOR VIRGINIA BE^cH, VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FAcsimim 757-456-5445 July 25,2007 Via Hand Ruth Hodges Smith, City Clerk Office of the City Clerk City Hall Building *i, ROOM 281 Municipal Center Vnigink Beach, Vinginia 2M6 JON M.AHERN 1. EDWARD BOURDON. JR. JAMES T. CROMWELL L. STEVEN EMMERT DAVID S. HOLLAND KATEY KORSLUND KIRK S. L VY El 0. JACKSON MOORE. JR. JENNIFER 0. ORAM-SMITH HOWARD R. SYKES. JR. Ite: August 14, 2-007 My Cound AgendL% Apphmtton of Souffi HaMptDu Roa& Habftt for Hummifty Condftional Cianp of Zoning Distirid Cassffeation from R-7-5 Reddlential Distnd to CondmozW A -i2 Aparftmt Dbsftict; 3.2 Am Parml in the Rose HO Distnd F001 -71-1m, On behaff of South Hamptmn Roads Habitat for Humanity, I am writing to you to advise that we will be requesting that the above referenced appfication be indefinitely deferred by the Council at its August i4,2oo7 public hearing. South Hampton Roads Habitat for Humanity has engaged the services of MSA, P.C. to evaluate the costs of attempting to develop the su1ject: property as 4 or potentially 5 single fiin* lots for badly needed affordable housing. It does not appear to be economically feasible to create a 6 unit multi-fimily condominium with the required chirre and keep the units affurdable. I appreciate your bnngmg it to CouncWs attention that we are requesting this item be indefinitely deferred. Sincerely— ig 7-2-- X10jr/arhm R. Edward Bourdon, Jr. John F- Nbrpn, ift Kvm Prodilo� Dqwbnmt of Pbnwg Maym Meym IL Obemdmf V= Maym Lods EL Jam CoundInm Hany L Dind Commlmm Bob Dyw ,Cauncfl=nJobn1LUb& Comieftwoman Reba S. McClanm Co�� 0 aiiT� —AL—Hfe-n* Cmwxz1D= RmA. Wanueva Cmncflwmm Rosmury W9wn Counciln=James L Wood Condid= fy - -jr/HodgwShdffi_Un Item III -I -a - PUBLIC HEARING PLANNING ITEM # 34201 Sam Moore, 1017 Brandon Road, Phone: 491-6799, Manager of the Princess Anne Club, represented the applicant and displayed the rendering of the expansion. Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED a Resolution upon application of PRINCESS ANNE COUNTRY CLUB authorizing the enlargement of a Nonconforming Use: Resolution authorizing the enlargement of a nonconforming use on the property of the Princess Anne Country Club, located at 38th Street and Pacific Avenue, in the Borough of Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Sessoms DISCLOSED pursuant to Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, he is a Member of the Princess Anne Country Club. Councilman Sessoms is able to participate in the transaction fairly, objectively, and in the public interest. Councilman Sessoms, letter of March 11, 1991, is hereby made a part of the record. APPR ��Co DEPAJ�ME-ff APPROVED AS TO LEGAL U 17T ,FfYENC ',AND FC CITY ATTORNEY 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON THE PROPERTY OF THE PRINCESS ANNE 4 COUNTRY CLUB, LOCATED AT 38TH STREET 5 AND PACIFIC AVENUE, IN THE BOROUGH 6 OF VIRGINIA BEACH 7 WHEREAS, the Princess Anne Country Club (hereinafter 8 referred to as the Applicant) desires to renovate and/or replace 9 certain facilities located upon its property at 38th Street and 10 Pacific Avenue, in the R-7-5 Residential Zoning District; and 11 WHEREAS, such facilities consist of the clubhouse, pro 12 shop and other amenities located thereon; and 13 WHEREAS, the renovation and/or replacement of such 14 facilities constitutes the* enlargement of a lawful nonconforming 15 use, in that such facilities are not permitted uses under the 16 present use regulations of the R-7.5 Residential Zoning District, 17 but were lawfully established; and 18 WHEREAS, in accordance with Section 105(d) of the City 19 Zoning ordinance, the City Council is empowered to authorize the 20 enlargement of a nonconforming use pursuant to the standards set 21 forth therein; 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That the City Council hereby finds that the aforesaid 25 facilities, as enlarged, would be equally appropriate or more 26 appropriate to the R-7.5 Residential District than the facilities 27 are as they now exist. 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That the Princess Anne Country Club be, and hereby is, 31 authorized to renovate and/or replace the aforesaid facilities I in 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 accordance with the plans shown on the attached Exhibit A, on the following conditions: 1. That the said facilities comply with all building, site plan and other requirements of the City of Virginia Beach; 2. That the Applicant reserve a portion of its property along Holly Road and Sea Pines Road, approximately ten feet in width, to provide for a standard fifty -foot right-of-way; and 3. That the lodging facilities authorized by this Resolution shall be limited to a maximum of eighteen units and that such facilities shall be used only by members of the Princess Anne Country Club and their guests. Adopted by the City council of the City of Virginia 12 March Beach, Virginia, on the day of 1991. CA -91-4125 \noncode\club.res R-2 04 Modihcation of Conditions 1 4/12/82 Rezoning (R-6 Residential to R-8 Residential) -Conditional Approved 2. 6T2--7/00 Use Permit (Church expansion) Approved 3/16/87 Conditional Use Permit (Church expansion) Approved 3. 3/12/91 Change in Nonconforming Use Approved 12/18/89 Change in Nonconforming Use and Conditional Use Approved Permit (outdoor recreational facility) 4/12/89 Change in Nonconforming Use Approved 4. 3/9/93 Change in Nonconforming Use Approved 5. 10/09/02 Change in' Nonconforming Use and Conditional Use Permit (outdoor Approved recreational facility — golf cart storage) ZONING HISTORY Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Modification of Conditions for the Enlargement of a Nonconforming Use Approved on March 12,1991 on Property located at 3800 Pacific Avenue (GPIN 2418942388). DISTRICT 6 — BEACH. MEETING DATE: August 14, 2007 N Background: The applicant was granted a Change in a Nonconforming Use by City Council on March 12, 1991. The request was to renovate and or replace facilities at the Princess Anne Country Club. The approval had three (3) conditions: 1 . That said facilities comply with all building, site plan and other requirements of the City of Virginia Beach; 2. That the Applicant reserve a portion of its property along Holly Road and Sea Pines Road, approximately ten feet in width, to provide for a standard fifty -foot right-of-way; and 3. That the lodging facilities shall be limited to a maximum of eighteen units and that such facilities shall be used only by members of the Princess Anne Country Club and their guests. E Considerations: The site development plan submitted in 1991 depicted twelve tennis courts, four of which were to be enclosed with a permanent structure. The applicant is now requesting a modification to that approval to allow three of the outdoor tennis courts to be enclosed with an air -supported structure on a seasonal basis of December 1 st through March 31 st. The applicant states that since the renovations of the club, there has been a large increase in the use of the tennis facilities, particularly by junior members. The applicant sees this as a positive trend to be encouraged. The submitted site plan depicts three tennis courts enclosed with an air - supported structure and a 20 -foot by 30 -foot (20'x3O') concrete storage pad enclosed by an eight -foot (8) high split -face block wall. When not in use, the fans used to inflate the air -supported structure will be stored in this proposed storage area. The structure itself will also be stored in this area when not in use. The air - supported structure is 34 -feet (34) in height and similar to the covering at the Owl's Creek Tennis Courts at Birdneck Road and General Booth Boulevard. Princess Anne Country Club Page 2 of 2 Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." The proposed modification to the 1991 approval of a change in a nonconforming use is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The applicant is requesting covering three existing tennis courts on a temporary basis with an inflatable structure. No existing structure or use is being enlarged or expanded. The request, therefore, is acceptable with the conditions below. 1. The applicant shall obtain all the required permits and inspections and a certificate of occupancy from the Permits and Inspections division of the City of Virginia Beach Planning Department. 2. The proposed air -supported structure shall be installed on the three tennis courts as depicted on the submifted exhibit entitled "Air Structure Exhibit of a Portion of Parcel PAAC-1 ", prepared by MSA, PC, and dated 4/5/07. Said exhibit has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Staff recommends approval. Submitting Department/Agency: Planning Department City Manager:<::J� -" �_ , %�18 &;,,, 4 PRINCESS ANNE COUNTRY CLUB3 INC. August 14, 2007 City Council Meeting Staff Planner: Faith Christie REQUEST: Modification of Conditions for a Change in a -Nonconforming Use appro ed on March 12, 1991 ADDRESS I DESCRIPTION: Property located at 3800 Pacific Avenue GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24189423880000 6 - BEACH 11.470 acres 's N The applicant was granted a Change in a Nonconforming Use SUMMARY OF REQUEST by City Council on March 12, 1991. The request was to renovate and or replace facilities at the Princess Anne Country Club. The approval had three (3) conditions: 1 . That said facilities comply with all building, site plan and other requirements of the City of Virginia Beach; 2. That the Applicant reserve a portion of its property along Holly Road and Sea Pines Road, approximately ten feet in width, to provide for a standard fifty -foot right-of-way; and 3. That the lodging facilities shall be limited to a maximum of eighteen units and that such facilities shall be used only by members of the Princess Anne Country Club and their guests. The site development plan submitted in 1991 depicted twelve tennis courts, four of which were to be enclosed with a permanent structure. The applicant is now requesting a modification to that approval to allow three of the outdoor tennis courts to be enclosed with an air -supported structure on a seasonal basis of December 1st through March 31st. The applicant states that since the renovations of the club, there has been a large increase in the use of the tennis facilities, particularly by junior members. The applicant sees this as a positive trend to be encouraged. The submitted site plan depicts three tennis courts enclosed with an air -supported structure and a 20 -foot by 30 -foot (20'x3O') concrete storage pad enclosed by an eight -foot (8') high split -face block wall. When not in use, the fans used to inflate the air -supported structure will be stored in this proposed storage area. The structure itself will also be stored in this area when not in use. The air -supported structure is 34 -feet Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 1 (34') in height and similar to the covering at the Owl's Creek Tennis Courts at Birdneck Road and General Booth Boulevard. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Princess Anne Country Club, tennis courts, pool, and maintenance facilities. SURROUNDING LAND North: a Linkhom Drive USE AND ZONING: 0 Across Linkhorn Drive are multi -family dwellings / A-1 2 Apartment and R-2.5 Townhouse South: 0 Multi -family dwellings / A-24 Apartment East: 0 Sea Pines Road 0 Across Sea Pines Road are multi -family dwellings and an office / A-12 Apartment and 0-1 / 0-2 Office West: 0 Holly Road 0 Across Holly Road are single-family dwellings and a golf course NATURAL RESOURCE AND The site is occupied by buildings, tennis courts, pool, parking, and CULTURAL FEATURES: mature landscaping. There are no significant natural resources associated with the site. The Country Club opened in 1920, with the golf course opening in 1921. AICUZ: The site is in an AICLIZ of Less than 70-75dB Ldn surrounding NAS Oceana. The use is compatible within this AICUZ. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The proposed modification to the 1991 approval of a change in a nonconforming use is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use. The applicant is requesting covering three existing tennis courts on a temporary basis with an inflatable structure. No existing structure or use is being enlarged or expanded. The request, therefore, is acceptable with the conditions below. CONDITIONS 1. The applicant shall obtain all the required permits and inspections and a certificate of occupancy from the Permits and Inspections division of the City of Virginia Beach Planning Department. Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 2 2. The proposed air -supported structure shall be installed on the three tennis courts as depicted on the submitted exhibit entitled "Air Structure Exhibit of a Portion of Parcel PAAC-1 ", prepared by MSA, PC, and dated 4/5/07. Said exhibit has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 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. Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 3 Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 4 pb, C 1—JIL UTONw- Princess Anne (,ountry Club, Inc. August 14, 2007 City Council Meeting Page 5 Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 6 Modif k2tion of Conditions 1 4/12 - /82 Rezoning (R-6 Residential to R-8 Residential) Approved 2. 6/27/00 Conditional Use Permit (Church expansion) Approved 3/16/87 Conditional Use Permit (Church expansion) Approved 3. 3/12/91 Change in Nonconforming Use Approved 12/18/89 Change in Nonconforming Use and Conditional Use Approved Permit (outdoor recreational facility) 4/12/89 Change in Nonconforming Use Approved 4. 3/9/93 Change in Nonconforming Use 5. 10/09/02 Change in Nonconforming Use and Conditional Use Approved Permit (o tdoor recreational facility — golf cart storage) ZONING HISTORY Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 7 A C C C KOIIV3rlddV SKOUMN03 10 NOUV3100W z w 7- w V) w U) 0 (n 0 z Ld 2 LLI 10 U 73 f 77 zz Z'D NTllfl OUVII&IV SN011jaNO3 10 N01 1T1V1fj1jjj DISCLOSURE STATEMENT Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 8 zz Z'D E c 0 s !2 S.2. 77; 75 NTllfl OUVII&IV SN011jaNO3 10 N01 1T1V1fj1jjj DISCLOSURE STATEMENT Princess Anne Country Club, Inc. August 14, 2007 City Council Meeting Page 8 1 A RESOLUTION AUTHORIZING THE MODIFICATION OF 2 CONDITIONS FOR THE ENLARGEMENT OF A 3 NONCONFORMING USE APPROVED ON MARCH 12, 4 1991 ON PROPERTY LOCATED AT 3800 PACIFIC 5 AVENUE, BEACH DISTRICT 6 WHEREAS, Princess Anne Country Club, Inc. (hereinafter the "Applicant"), has 7 made application to the City Council for modification of conditions placed upon the 8 approval of an enlargement of a nonconforming use on March 12, 1991 to allow the 9 seasonal enclosure of tennis courts and related storage area on a certain lot or parcel of 10 land having the address of 3800 Pacific Avenue,. in the R-7.5 Residential District; and 11 12 WHEREAS, the said use is nonconforming, as it is not presently a permitted use 13 in the R-7.5 Residential District. This use was constructed prior to the adoption of the 14 Princess Anne County or Town of Virginia Beach Zoning Ordinance; and 15 ur tennis 16 WHEREAS, the prior approval allowed the permanent enclosure of fo 17 courts, and the request is to modify this with the seasonal enclosure of three courts and 18 the addition of a storage area; and 19 ance, the 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordin 21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 22 City Council authorizing such action upon a finding that the proposed use, as enlarged, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use; 25 CITY OF 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 27 VIRGINIA BEACH, VIRGINIA: modification of the 28 That the City Council hereby finds that the proposed 29 conditions of approval on March 12, 1991 will be equally appropriate to the district as 30 are the existing conditions. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 That the proposed modification of conditions is hereby authorized, with the 35 following conditions: 36 37 1 The applicant shall obtain all the required permits and inspections and a 38 certificate of occupancy from the Permits and Inspections division of the 39 City of Virginia Beach Planning Department. 40 2. The proposed air -supported structure shall be installed on the three tennis 41 courts as depicted on the submitted exhibit entitled "Air -structure Exhibit 42 of a portion of Parcel PACC-1", prepared by MSA, PC., and dated 4/5/07. 43 Said exhibit has been exhibited to the City of Virginia Beaph City Council 44 and is on file in the Planning Department. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 47 August, 2007. APP, VED AS TO CONTENT: Plaining CAl 0470 R-1 August 1, 2007 APPROVED AS TO LEGAL surn=.-/ j City Attorney's bffice CITY OF VIRGINIA BEACH AGENDA ITEM .00 ITEM: An Ordinance to Amend Section 200 of the City Zoning Ordinance by Establishing Minimum Setbacks from Certain Bodies of Water for Single - Family and Duplex Dwellings. MEETING DATE: August 14,2007 E Background: There is an increasing trend in the construction of homes and additions to homes to build out over water in situations where area on the lot is limited. Such construction is not desirable for a variety of reasons, but primarily due to the impact on natural resources and the potential safety issues. E Considerations: The amendments establish a minimum 5 -foot setback from a permanent body of water for single-family and semi-detached dwellings and duplexes. If the parcel is located in an area requiring a greater buffer, such as the Chesapeake Bay Preservation Area, the greater setback will be required. E Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of the amendment. Attachments: Staff Review Ordinance Amendment Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage6z CITY OF VIRGINIA BEACH AMENDMENT TO SEC. 200 OF THE ZONING ORDINANCE Agenda Item 14 July 11, 2007 Public Hearing REQUEST: An Ordinance to Amend Section 200 of the City Zoning Ordinance by Establishing Minimum Setbacks from Certain Bodies of Water for Single -Family and Duplex Dwellings. SUMMARY OF AMENDMENT There is an increasing trend in the construction of homes and additions to homes to build out over water in situations where area on the lot is limited. Such construction is not desirable for a variety of reasons, but primarily due to the impact on natural resources and the potential safety issues. The amendments establish a minimum 5 -foot setback from a permanent body of water for single-family and semi-detached dwellings and duplexes. RECOMMENDATION The proposed amendments are recommended for approval. CITY OF VIRGINIA BEACH — SET 1 AN ORDINANCE TO ESTABLISH MINIMUM 2 SETBACKS FROM PERMANENT BODIES OF 3 WATER FOR SINGLE-FAMILY AND SEMIDETACHED 4 DWELLINGS AND DUPLEXES 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That Section 200 of the City Zoning Ordinance be, and hereby is, amended and 12 reordained to read as follows: 13 .... 14 15 (g) Erection of structures on /ot, Except as herein provided, there shall be no more 16 than one (1) single-family detached dwelling, semidetached dwelling or duplex erected 17 on a lot; provided, however, that one (1) single-family detached dwelling and one (1) 18 ancillary single-family detached dwelling shall be allowed on lots within the R-5D(OB) 19 Residential Duplex District or any Apartment or Resort Tourist District within the Old 20 Beach Overlay District, in accordance with the provisions of section 1903. Excep 21 where a greater setback or buffer is required, the setback for any such dwelling from a 22 Permanent body of water shall be no less than five (5) feet, as measured from the mean 23 high water mark of tidal bodies of water and from the normal water level of nontidal 24 bodies of water, in any zoning district. 25 26 Comment 27 28 The amendments establish a minimum 5 -foot setback from a permanent body of water for 29 single-family and semi-detached dwellings and duplexes. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day 32 of 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning ilepartment City Attorney's Office CA -1 0444 June 28, 2007 R-2 Item #14 City of Virginia Beach — Ordinance Amendment An Ordinance to Amend Section 200 of the City Zoning Ordinance by Establishing Minimum Setbacks from Certain Bodies of Water for Residential Dwellings July 11, 2007 REGULAR Joseph Strange: The next item is item 14, City of Virginia Beach, an Ordinance to Amend Section 200 of the City Zoning Ordinance by Establishing Minimum Setbacks from Certain Bodies of Water for Residential Dwellings. Barry Knight: Mr. Macali? Will you explain this for us please? Bill Macali: Yes sir. It is very simple. Members of the Commission, all this does is establish a setback of five feet from the non -tidal water mark of any tidal body of water and from the normal water level of any non -tidal body of water. A setback applies to any single-family dwelling, semi detached dwelling or a duplex. The bodies of water that are included are permanent bodies of water which would include things like BMPs, because borrow pits for things like BMP, something like that. They are quite large. Although, in most cases those already have maintenance easements around them, which are prohibited to build on. It will be relatively limited application, because most bodies of waters do not have homes within five feet anyway. I should also mention that where a greater setback is required, for instance, in the Chesapeake Bay areas or southern watershed areas where there is a larger buffer, the larger buffer controls. But, essentially, this just imposes, in cases where a larger buffer is not required, a minimum of a five foot setback. Barry Knight: Thank you. Mr. Strange, are there any other speakers on this? Joseph Strange: There are no other speakers. There is no opposition. Barry Knight: We heard in our informal session that Mr. Bourdon cared to speak on this but he needs to come back in here pretty soon. Bill Macali: Mr. Chairman? I did talk to Mr. Bourdon, and he suggested that there may be some potential refinements we could make to this. We can certainly get with him if need be and consider some on our own before the matter goes to City Council. Certainly, there would be time for us to do that. Barry Knight: Okay. Is there any discussion or any questions of Mr. Macali? Mr. Redmond? David Redmond: Just a quick question Bill. Is there a history to this? Wh ire did this come from? Bill Macali: Well, some applications that have come in from time to time where people wanted to build houses on large bodies of water. And for safety reasons, environmental reasons, as well as aesthetic reasons, it is our view that it is probably not a good thing and that five foot setback is just like any other setback. More or less, it is than something that will enhance the City's aim in preserving aesthetics in the city from an environmental prespective. Things like that. David Redmond: Okay. Thank you. Barry Knight: Are there any other questions. The Chair will entertain a motion. Eugene Crabtree: I move that we approve the application as presented. Dorothy Wood: Second. Barry Knight: There is a motion on the table to approve agenda item 14, the City of Virginia Beach by Gene Crabtree and a second by Dot Wood. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of I 1 -0, the Board has approved the application of City of Virginia Beach amending the minimum setback for certain bodies of water. Barry Knight: Thank you. M. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items CITY COUNCIL SCHEDULE August 21 Briefings, Informal, Formal August 28 Briefings, Informal, Formal, including Planning items CITYWIDE TOWN MEETINGS October 16, 2007 Location to be Announced - 7:15 pin FY 2008-2010 Budget __�L,ocation to be Announced — 7:15 pm JanuaryFli5, 2008 S S Orr, tormwater Plans and Fundin�. if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 8/14/07gw www.vbgov.com ciTy OF vIR GINIA BF,4 CH SUMMARY OF COUNCIL ACTIONS DATE: July 17,2007 PAGE: I AGENDA ITEM # SUBJECT CITY MANAGER'S BRIEFINGS D V E D H S I E M T E D N E z Y L MOTION VOTE p E E E R H L R Y CITY MANAGER'S BRIEFINGS V 0 1 A STRATEGIC GROWTH TOUR M B L C E L B "SHAPING OUR COMMUNITY" C R A W i L N U N I 0 A D H U L W N N 0 R E S 0 E A R I V 0 0 S N F N A N D CITY MANAGER'S BRIEFINGS A STRATEGIC GROWTH TOUR B "SHAPING OUR COMMUNITY" II/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y III/ IV/ V/ VI/E F -I MINUTES informal/Formal Sessions July 10, 2007 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y G/ H/I PRESENTATION ENVIRONMENTAL ACHIEVEMENT William C. Baker, I AWARD - "Lynnhaven River Now President, Chesapeake Bay Foundation Laurie Carroll Sorabella, Exec Director, accepted award J/1 Resolution to ENDORSE participation with ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y I I Y Y HRTDC re VB Wave Trolleys CONSENT 2 Resolution to REQUEST Community Medical DEFERRED,BY 9-0 A Y Y A Y Y Y Y Y Y Y Advisory Commission prepare, CONSENT B recommendations on CON by Bon S Secours/Sentara for proposed hospital facilities T A I N E D L 3/ Resolutions to REQUEST VBDA explore ADOPTED BY 9-1 A Y Y Y Y N Y Y Y Y Y potential development: CONSENT a Dome Site b Convention Center Hotel 4 Ordinance to AMEND Chapter 34 of City Code ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y re lifeguards at "public" swimming pools CONSENT /DEFINE pools by "rype" CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE modifications to ADOPTED AS 10-0 A Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Town Center Phase III(acquisition of Block 11 AMENDED (Beacon Building) V DATE: July 17,2007 0 1 Ordinance to AUTHORIZE one-year lease with DEFERRED,BY 10-0 A Y Y Y Y M B Y L Y Y D CONSENT, TO C E L PAGE: 2 E D H C R A W S I E J L N U N I AGENDA T E D N 0 A D H U L W SUBJECT' MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 H I L I R Y I S N I F I N ---L— A N — _j A 5 Ordinance to AUTHORIZE modifications to ADOPTED AS 10-0 A Y Y Y Y Y Y Y Y Y Y Town Center Phase III(acquisition of Block 11 AMENDED (Beacon Building) 6 Ordinance to AUTHORIZE one-year lease with DEFERRED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y TRGHC of City -owned land at 2293 Lynnhaven CONSENT, TO Parkway DISTRICT I - CENTERVII-LE 8/14/07 7 Ordinances to TRANSFER/ACCEPT/ ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a S4,000,000ANIEND School's FY 2007-08 Biennial Budget b $450,000 from US Dep of Homeland Security, to Police re purchase of two patrol boat/ trailer c $45,000 fi-cm US Dep of Homeland Security re CCC/CERT d $23 3,000 re renovation of old holding cells/installation of a fire suppression system in Public Safety Building e $13 7,000 fi-orn Oyster Heritage Trust Fund re oyster reefs/Oyster Shell Recycling /in the Lynnhaven Watershed f $38,521 from Va Aquarium/Science Foundation re Exhibits Technician I as Records Registrar at no cost to the City K/I VA BEACH PUBLIC SCHOOLS re closure of DEFERRED 10-0 A Y Y Y Y Y Y Y Y Y Y DISTRICT 6 – BEACH INDEFINITELY, BY CONSENT a 25th Street/Cypress Ave b Parks Ave at 20/25h St c Alleys on Parks Ave north of 24#/south of 25b Sts d Alleys east of Cypress Av6west of Mediterranean Ave/north of 24h /south of 25d' Sts 2 UNION BAPTIST CHURCH Modification o MODIFIED, AS 10-0 A Y Y Y Y Y Y Y Y Y Y Conditions of CUP (approved on October 17, CONDITIONED, 1995/modifiedM=h22,2005)rea sanctuary BY CONSENT of multi-purpose center at 4608 South Boulevard DISTRICT 3 – ROSE HALL CITY OF VIRGINIA BEACH NEW BEGINNINGS OUTREACH ADOPTED,AS 10-0 A Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y MINISTRIES, INC. CUP re church at 1409-B CONDITIONED, Lynnhaven Parkway DISTRICT 3 – ROSE BY CONSENT V 0 1 HALL DATE: July 17,2007 M B L 4 D DEFERRED, 10-0 A Y C E Y L Y Y Y E D H INDEFINITELY, C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S SUBJECT MOTION VOTE P E E E E A R I V 0 0 H -i--j— L R Y I S I N I F I N I A I N I D I _j 3 NEW BEGINNINGS OUTREACH ADOPTED,AS 10-0 A Y Y Y Y Y Y Y Y Y Y MINISTRIES, INC. CUP re church at 1409-B CONDITIONED, Lynnhaven Parkway DISTRICT 3 – ROSE BY CONSENT HALL 4 Ordinances to AMEND CZO: DEFERRED, 10-0 A Y Y Y Y Y Y Y Y Y Y INDEFINITELY, a §§ 111/203/2111230/401/403/501/601/801/901/10 BY CONSENT 01/1125/1511/1521/1531 re Assembly Uses/Religious Uses/DEFINING Storefront Religious Uses in B-2 b §§234/401/501/601/901/1511/1521/1531 re Home Occupations to exclude the sale/service/ repair of firearms/DELETING radio/tv repair as excluded use L APPOINTMENTS COMMUNITY MEDICAL ADVISORY COUNCIL TOOK COMMISSION NO ACTION PARKS AND RECREATION COMMISSION RESCHEDULED 10-0 B I C I 0 N S E N I S U S I PUBLIC LIBRARY BOARD BOARD OF ZONING APPEALS (BZA) Reappointed 5 yrs 10-0 A Y Y Y Y Y Y Y Y Y Y 9/l/07-12/31/12 George A. Alcaraz Steven G. Draeger DEVELOPMENT AUTHORITY (VBDA) Reappointed 4 yrs 10-0 A Y Y Y Y Y Y Y Y Y Y 9/l/07-8/31/11 Dan H. Brockwell Paul V. Michaels ADD BLUE RIBBON TAX, FEE AND SPENDING Appointed - No 10-0 A Y Y Y Y y Y Y Y Y Y ON TASK FORCE Terms Edward Fissinger, School Board Dr. Douglas 0. Walker CITY OF VIRGINIA BF,4 CH SUMMARY OF COUNCIL ACTIONS V 0 1 DATE: July 17,2007 M B L D C E L E D H C R A w PAGE: 4 S I E J L N U N I T E D N 0 A D H U L w AGENDA E z y L N N 0 R E S 0 SUBJECT MOTION VOTE p E E E E A R I V 0 0 1:i I H I L I R y I S N I F N A =N JD IN, I I I I =0111111111111 CITYWIDE TOWN MEETINGS September 18 Time and Location to be Announced FY2008-2010 Budget November 20 Location to be Announced — 7:15 pin Stormwater Plans and Funding CITY COUNCIL SUMMER SCHEDULE August 7 Cancelled August 14 Briefings, Informal, Formal, including Planning items August 21 Briefings, Informal, Formal August 28 Briefings, Informal, Formal, including Planning items