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MARCH 25, 2008 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District'; WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, KempsVIlle - District 2 ROBERT M DYER" Centervtfle - District / BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall. District 3 JOHN E. UHRiN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD. Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRiVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 25 MARCH 2008 I. CITY COUNCIL BRIEFINGS - Conference Room - 2:30 PM A. Oceana Annual Report re MOD Captain Markham K. Rich, Executive Officer, NAS Oceana B. Virginia Beach Historic Preservation Commission Honorable Robert G. Jones, Chair, Historic Sites Organizing Committee II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Gordon Ellsworth Pastor, Virginia Beach Baptist 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 March 11, 2008 G. AGENDA FOR FORMAL SESSION H. PRESENTATION 1. FY2008-09 and 2009-10 Operating Budget and FY 2008-09 thru 2013-14 Capital Improvement Program (CIP) Catheryn Whitesell, Director-Management Services I. PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT re: APZ-l / CLEAR ZONE MASTER PLAN J. CONSENT AGENDA K. RESOLUTION 1. Resolution to ESTABLISH a Committee to study the late payment of Real Estate Taxes with a report to City Council within thirty days of City Council's appointment. L. PLANNING 1. Applications of ALCAR, L.L.C. at Nimmo Pakway and Rockingchair Lane re: a. Variance to g5B of the Site Plan Ordinance re: Floodplain Regulations to fill approximately 10.7 acres of the floodplain for proposed lots and roadways b. Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-7.5 Residential District to develop 132 single- family dwellings DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS: DEFERAL TO APRIL 22 2. Applications for Conditional Use Permits: a. HyperLearing Technologies re a vocational school re Microsoft certified level training at 3630 South Plaza Trail DISTRICT 3 - ROSEHALL RECOMMENDATION APPRO V AL b. Rudy & Kelly Academy of Hair & Nails re Cosmetology at Suite 114, 1920 Centerville Turnpike. DISTRICT 1 - CENTERVILLE REcOMMENDA TION APPROVAL c. Harvest Outreach Ministries, Inc re a church at Indian River Road and Bridlepath Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 3. Application of Value Place Real Estate Services, L.L.c., a/k/a Glamour Corporation, for the Modification of Conditions re proposed uses and development plans re Change of Zoning from AG-1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District (approved by City Council on April 22, 2003) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application ofBQI GROUP, INC. for a Modification of Proffers re the number of, size of units and eliminating garages re a Change of Zoning (approved by City Council on August 10, 2004) at Bonney Road and Windbrooke Lane. DISTRICT 2 - KEMPSVILLE DENY 5. Application of Balance Builders for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-1 0 Residential District at 2260 Childeric Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMISSION COMMITTEE re LATE PAYMENT OF REAL EST A TE TAXES HUMAN RIGHTS COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 (Workshop) April 15 (Workshop) April 17 (Public Hearing) April 22 (Workshop) April 22 (Public Hearing) April 29 (Workshop) May 6 (Reconciliation Workshop) May 13 (Adoption) Council Conference Room Council Conference Room Green Run High School - 6 p.m. Council Conference Room Council Chamber - 6 p.m. Council Conference Room Council Conference Room Council Chamber - 6 p.m. CITY COUNCIL ONE-DAY RETREAT MAY 12, 2008 8:30 a.m. - 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 a.m. - 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* 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 03/25/08 afb www.vbgov.com I. CITY COUNCIL BRIEFINGS - Conference Room - 2:30 PM A. Oceana Annual Report re MOU Captain Markham K. Rich, Executive Officer, NAS Oceana B. Virginia Beach Historic Preservation Commission Honorable Robert G. Jones, Chair, Historic Sites Organizing Committee II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA City or Vi.I-git~iEl L3eacl-. \Bsuv '.elll1 ':JFFICE OF 7Hf erN UANAGER .757; 385 42~ FAX, 7571 427.56.."6 "'UNIClr"l CENTER BUILDING '. RC<;M 234 ,401 COURTHOlJSF D fIt" E V,RGINfl1 BEACH. VIRGiNlA 234~16.()())' March t 4. 2008 The Honorable Meyera E. Obemdorf. Mayor Members of City Council Subjed: StT\1dure for FY 2009 Budget W orksbops Dear City Council Members: We are fast approaching the presentation of the Operating Budget and Capital Improvement Program for this upcoming biennium which is scheduled for March 25th. Following shortly after are your workshops. Based on your recommendation. we are planning to begin each day at 9 a.m. and continue at least to noon whereupon we will break for lunch and then proceed with regular Council business or, if needed, more discussion on the Operating Budget and Cajital Improvement Program. The dates currently scheduled are: April 8th; April 15 ; April 22nd; April 29th; and May 6lh. We skipped April] 51 to allow you time to review the materials and to hear from the Real Estate Assessor on next year's property assessments. We have not scheduled any day other than Tuesday at this point, but will certainly accommodate your needs as we proceed through the workshops. We are now working to develop the process to assist you with your review and to provide answers to YOllf questions. Given the number of statf potentially involved over live weeks it will help with scheduling and materials to define the process in advance. Also. to help facilitate the discussion. we have the option to move the workshops to the training rooms in building 19. This would allow more capacity for the public. displays. flipcharts. statf and room to spread-out materials. If you desire to televise these sessions they would be taped and broadcast later, Or if you prefer. we can meet in the Council Conference Room 234 at City Hall. Members of City Council Subject: Structure for FY 2009 Budget Workshops March 14. 2008 Page 2 With City Council's concurrence, I would like to take a few minutes Tuesday to discuss your expectations and staff you would like available to respond to questions. To help get the discussion started. I have asked Catheryn Whitesell to prepare the attached options for your consideration. Based on Council's needs, the workshop process could be one of these. a combination, or something entirely different. I recommend that we use the fIrst workshop on April glh to get a good understanding of, and an update on, city revenues and the economy as well as the impacts of the just adopted State Budget. Given School's reliance on State Funding it may be opportune to hear from them as well on that day. Please let me know of questions, concerns. or suggestions. With Pride in Our City. l re cc: Dr. Merrill Department Directors (IJ o .c (IJ ~ t.- O $ +-' Q) -c :::J CO '- .0 I (IJ C o -- +-' o o -+oJ ..... OJc: 0).... \JOJ ::sc.J ..aC f/)O f/)O- 'to- .- ~og f/)(/):J .- CO 0 M 0 OJo I.... c(ijco~ o o_~ ;; c> EO O. ..... OJ 0) 0) \J c: cIJ J:. f/) ::s . - :... ..... OJ OJ .g.'o ~ ~ ~..c: 5 0 0) ::s~oJ:.-o o 0) () "Oc: \J f/) -0 lot- co N 0 co 0 <0 ..... I ~ en (/) OJ C (ij J:. E (ij .g> o O~ ~ 0 ::J ;; c> ~ ~C!).o o. - cu ::s (/) \J .... .- 0 .~ 0 \J OJ C .... .- w Cl w .r::. ..... ::s~ c O~<l) .!:!! f/) E ~ 0 -+oJQ) t:: I "" C - 0) \V O cu "'0 c. O::sCD ;; c>'o 0 o. c o _ .r::. ~~ 0 ~.- t:: ..... == ~co._OJ co ~ OJ c. a cD OJ en L- "0 w.- ....:; Q) ~'o ~m.g"Cm I ..... .... w 2 OJ._ "0 ::: ~ ii -5 0.. .,g g (/) ~ en w 0 Q)5mE~-oa. c".... Oc c ~ ttt/f!:. '-' co 0.- co co . >ot 0) ~ OJ -0 ::J........... "OI-CD 0) -' en J:. -0 S~::J(/) I w~ OJ -0 .... (/).- o.sw~ J:. 0 ::J..... .....O)Oco 0)....(/).... ~=o=o(j) . >oten - ...... -c ~O) ~E O)t:: .om co~ .J:.CD ~ .Q) -0- 0::J .c"O .....OJ O).c ~~ . .1!! ~ OJ ~.c: mg..... =Of/) o 0. ca ..... c....Q)~ 5~ co E Ucc:..... 100:J 0).- 0 E 10 5..0 o E'- ca o .....~ Q) .....00.... :J lot- Q) co o .5 -0 0 . _ 0.: .- ~...... Q) OOcIJ.c: 5 en"O...... J!}. o c ca'+- ca u=i3c.oo . c:EcC) 0) CO.- Q) (.) E'" C) E .- o(/)c: Ol o cu.-.5 ~ :; "0 -g ca as Oc:::s~'::; =' '+- as en . ...... c 0) :::\to-Een oot::Q) c C) (U :::s ::J c c. en UO.- (I).~ "0"0-0 d,C-c: ES~(Q O ~ "0 (/) o CD'S:-o ...... "'0 . - OJ ::s C "0 (I) o ::s.5 c . .... en"> 0 .~ ..0 C E -0 g>.Q en ~~ .- .....c - m.~ \J co co~ 0) OJ 0 ECQ)~cn cQ)ccoo Gi:Q en 13 . c;, o(/)C1Jc:OJ c:~==::Jco o~COOL- Umcn()<;; . C o en :J oE J2co w.... f/)e> 0)0 - .... . ~ Eo OJ l;: en 0'- CD cO:J OCDw () ~.~ . en OJ ~:::s CDCUcIJ E E.~ .- :: -+oJ\JQ) ....c.... CUm=' 0)..... -0 c c.- .QO)O- I E C>> c: .- L-..... ,..,. 2fe ;- C:E~ o 0'- UoE . IV, INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 4:30 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Gordon Ellsworth Pastor, Virginia Beach Baptist 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 March 11, 2008 G. AGENDA FOR FORMAL SESSION .tsulutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PRESENTATION 1. FY2008-09 and 2009-10 Operating Budget and FY 2008-09 thru 2013-14 Capital Improvement Program (CIP) Catheryn Whitesell, Director-Management Services I. PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT re: APZ-l I CLEAR ZONE MASTER PLAN PUBLIC HEARING AMENDMENT TO THE COMPREHENSIVE PLAN APZ-1/CLEAR ZONE MASTER PLAN The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, March 25, 2008, at 6:0( p'.m., In the Council Chamber of the City Hall Bulldl", (Building ~1) at the Virginia Beach Municipal Centet Virginia Beach, Virginia to consider an Amendment to tho COfT1)fehenslve Plan incorporating the APZ.1 ICI ear ZOIl f'Mster Plan by reference. , If you are physically disabled or vlsua IIy Impaired ani 'need assistance at this meeting. please call the C1T~ ClERK'S OFFICE at 385.4303. Mry questions concerning this matter should be directe- to the Office of the Planning Depanment. Building #2. a the Virginia Beach Munlclpa I Center The P1annlll Department office telephone number is (757)385.4621. Ruth Hodges Fraser, Mr'~ City Clerk VP Marcil 16, 2008 1846348!; J. CONSENT AGENDA K. RESOLUTION 1. Resolution to ESTABLISH a Committee to study the late payment of Real Estate Taxes with a report to City Council within thirty days of City Council's appointment. '::~~1~~~~~ ~I. -~'~v ~C~':~:..i~~:~~::iJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing A Committee to Study the Penalty for Late Payment of Real Estate Taxes MEETING DATE: March 25, 2008 . Background: Virginia Code S 58.1-3916 addresses the late payment of real estate taxes and authorizes City Council to impose a penalty of up to 10% for taxes not paid by the due date, as well as interest up to 10% annually on the amount of both the unpaid taxes and the penalty. In 1965, City Council by ordinance established a late payment penalty of 10%, which is the highest percentage permitted by state law, and that penalty percentage has not been adjusted in more than forty years. . Considerations: An analysis of the penalty would assist City Council in making an informed decision about whether the penalty amount should be reduced. This resolution will establish an ad hoc committee-the Committee Regarding Late Payment of Real Estate Taxes-that will consist of two councilmembers, the City Treasurer or designee, a representative of the Department of Management Services, and a citizen. A member of the City Attorney's office will serve as legal counsel to the committee The committee will study the late payment penalty, as well as the interest imposed on both the unpaid taxes and the penalty, and will report its findings and recommendations to City Council within thirty days from the date on which City Council appoints the members of the Committee. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution. Requested by Councilmembers Wilson and Wood 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 35 36 37 38 39 40 41 42 43 REQUESTED BY COUNCILMEMBERS WILSON AND WOOD 1 2 3 A RESOLUTION ESTABLISHING A COMMITTEE TO STUDY THE PENALTY FOR LATE PAYMENT OF REAL ESTATE TAXES WHEREAS, Virginia Code S 58.1-3916 addresses the late payment of real estate taxes and authorizes City Council to impose a penalty of up to 10% for taxes not paid by the due date, as well as interest up to 10% annually on the amount of both the unpaid taxes and the penalty; and WHEREAS, in 1965, City Council by ordinance established a late payment penalty of 10%, which is the highest percentage permitted by state law, and that penalty percentage has not been adjusted in more than forty years; and WHEREAS, an analysis of the penalty would assist City Council in making an informed decision about whether the penalty amount should be reduced. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby establishes an ad hoc committee, which shall be called the Committee Regarding Late Payment of Real Estate Taxes ("the Comm ittee"). 2. That the Committee shall consist of: a. Two members of City Council; b. The City Treasurer or his designee; c. A representative of the Department of Management Services; and d. A citizen. 3. That a member of the City Attorney's office shall serve as legal counsel to the Committee. 4, That the Committee shall study the late payment penalty, as well as the interest imposed on both the unpaid taxes and the penalty, and shall report its findings and recommendations to City Council within thirty days from the date on which City Council appoints the members of the Committee. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY: ~ q:;f':zWA ~ City Attorney's Office CA 10677 R-2 March 17, 2008 L. PLANNING 1. Applications of ALCAR, L.L.C. at Nimmo Pakway and Rockingchair Lane re: a. Variance to S5B of the Site Plan Ordinance re: Floodplain Regulations to fill approximately 10.7 acres of the floodplain for proposed lots and roadways b. Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-7.5 Residential District to develop 132 single- family dwellings DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS: DEFERAL TO APRIL 22 2. Applications for Conditional Use Permits: a. HyperLearing Technologies re a vocational school re Microsoft certified level training at 3630 South Plaza Trail DISTRICT 3 - ROSEHALL RECOMMENDA TrON APPROV AL b. Rudy & Kelly Academy of Hair & Nails re Cosmetology at Suite 114,1920 Centerville Turnpike. DISTRICT 1- CENTERVILLE RECOMMENDATION APPROV AL c. Harvest Outreach Ministries, Inc re a church at Indian River Road and Bridlepath Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 3. Application of Value Place Real Estate Services, L.L.c., a/k/a Glamour Corporation, for the Modification of Conditions re proposed uses and development plans re Change of Zoning from AG-l Agricultural District to Conditional 0-1 Office District and Conditional H-l Hotel District (approved by City Council on April 22, 2003) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 4. Application ofBQI GROUP, INC. for a Modification of Proffers re the number of, size of units and eliminating garages re a Change of Zoning (approved by City Council on August 10,2004) at Bonney Road and Windbrooke Lane. DISTRICT 2 - KEMPSVILLE DENY 5. Application of Balance Builders for a Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-IO Residential District at 2260 Childeric Road DISTRICT 7 - PRINCESS ANNE RECOMMENDA TION APPROVAL NOTICE OF PUBLIC HEARING V'rginia Beach City Council will meet in the Chamber at City Hall. Municipal Center. 2401 Courthouse Drive, Tuesday, March 25, 2008, at 6:00 p.m. fhe following applications will be heard: DISTRICT 7 . PRINCESS ANNE Value Place Real Estate Services. L.L.C, Application: ',1odification of Conditions for a request approved by City '~ouncil on Apnl 22. 2003 (Glamour Corporation) at Sam Neck Road and Corporate Landing Parkway (GPIN 2,;05945(29). AICUZ is Greater than 75 dB Ldn Harvest Outreach Ministries, Inc. Application: (andit/onal Use Permit for a church at indian River Road -Jnd Bridlepath Lane (GPINs 1483965395: 1,483841803; 1483852479). AlCUZ is 7!)' 75 dB Ldn. I>.LCAR, L.L.C. Application: Variance to Section 5B of tt-e site Plan Ordinance. Aoodplain Regulations at Nimmo Parkway and Rockingchair Lane (GPINs 2404573796: 2404564943; 2404371633). <\LCAR, L.L.C. Application: !;:han51:e of Zonine: District C:asslfication from AG-1 and AG.2 Agricultural to r:onditional R.7.5 Residential at Nimmo Parkway and Rockingchair Lane (GPINs 2404573796: 2404564943: :404371633). The ComprehenSive Plan designates this -.,;te ilS lJeing within the Primary Residential Area, ouit,:;ble for appropriately located suburban residential, ind non-residential uses consistent with the pOlicies of '~e Comprehensive Plan. The purpose of this rezoning is '0 develop single-family dwellings. AICUZ is 65 . 70 dB '~ljn. Balance Builders Application: Change of Zoning District CJ?~s/fication from AG-1 and AG-2 Agricultural to Conditional R-10 Residential at 2260 Childeric Road 'GPIN 2404448982). The Comprehensive Plan designates ih,s site as being within (he Primary ~(esidential Area, suitable for appropriately :ccated ';uburban residential and non-residential uses consistent v,ith the policies of the Comprehensive Plan. The purpose of this rezoning is to develop single-family dwellings. ,"CUZ is 65 - 70 dB ldn, DISTRICT 1 - CENTERVILLE RL<dy & Kelly <\cademy of Hair & 'Jails Application Conditional Use Permit for a vocational school at 1920 '~enterville Tumplke. Suite 114 ,GPIN 1455914345) :.JCUZ is Less than 65 dB Ldn. DISTRICT 3 - ROSE HALL HyperLearning Technologies. Inc, Application: Conditional Use Permit for a vocational school at 3630' South Plaza Trail (GPIN 148(507732). ."'CUZ is Less. than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE 301 Group, Inc. Application: Modification of Conditions for a request approved by City Council on August 10 2004 IALCAR. L.L.C.) at Bonney Road and Wi,..,dbrooke lane (GPIN 1467901254). All interested citizens are invited to attend. Ruth Hodges Fraser. MMC City Clerk Copies of the proposed ordinances, resolutions ar amendments are on file and may be examined ,n t~ Department of Planning or online ~www.vbl!:ov.com/DC For information Si iRS-4621. '. I~" ALCAR NI MO AG-' Conditional Zoning Change & Floodplain Variance ~.~~~... ~~~~~~, ~~~:1~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of ALCAR, L.L.C. for a Variance to Section 5B of the site Plan Ordinance, Floodplain Regulations on property located on the north side of Nimmo Parkway, approximately 910 feet west of Rockingchair Lane (GPINs 2404573796; 2404564943; 2404371633). DISTRICT 7 - PRINCESS ANNE. b) Application of ALCAR, L.L.C. for a ChanQe of ZoninQ District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District on property located on the north side of Nimmo Parkway, approximately 910 feet west of Rockingchair Lane (GPINs 2404573796; 2404564943; 2404371633). DISTRICT 7 - PRINCESS ANNE MEETING DATE: March 25, 2008 . Background: The applicant proposes to rezone the existing AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District to develop the site with 132 single-family dwellings on minimum 7,500 square foot lots. The proposed lots are configured such that all are within the 65-70 dB Ldn AICUZ area. The applicant is also requesting a floodplain variance to fill approximately 10.7 acres of the floodplain for proposed lots and roadways. . Considerations: The applicant is requesting a deferral of these applications to the April 22 City Council meeting. . Recommendations: Deferral to the April 22 City Council meeting. . Attachments: Location Map Recommended Action: Deferral to April 22. Submitting Department/Agency: Planning Department City Manager: ~ \ \(. ~ lI"'h.. II SYIa:S~ ROURDON~ AIImN & UVY. P.c. ATTORNEYS AND COUNSELORS AT LAW TELEPHONE; 757-499-8971 FACSIMILE; 757-456-5445 March 14, 2008 JON M. AHERN R. EDWARD BOURDON. JR. JAMES T, CROMWELL L. STEVEN EMMERT JACQUELINE A. FURST DAVID S. HOLLAND KIRK B. LEVY O. JACKSON MOORE. JR, JENNIFER D. ORAM-SMITH HOWARD R. SYKES. JR. PalBIlOKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BoULEVARO FIFTH FLOOR VIRGINIA BEACH. VIRGINIA 23462-2989 Via Hand Delivery Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Vrrginia Beach, Virginia 23456 Re: Application of Alcar, L.L.C. - Nimmos Quay; Scheduled for City Council consideration on Tuesday, March 25, 2008 Dear Ruth: On behalf of the applicant, Alcar, L.L.C. this is to formally notify you and City Council that it is our intent to request that this application be deferred thirty (30) days until the Tuesday, April 22, 2008 public hearing. The purpose of the deferral is to conduct a public information meeting with the surrounding property owners to review in greater detail the stormwater drainage study and drainage plans for improvements in this area, which will be associated with the proposed development of Nimmos Quay. This shall also confirm that I have advised the Planning staff and Council representative Barbara Henley of this request and the reason for same. In addition, we will be contacting via phone and/or letter all of the individuals who spoke at the Planning Commission public hearing on this application to avoid anyone being inconvenienced by this request. Thank you in advance for your cOoperation and assistance in advising the members of Council and any members of the public who might communicate with your office of this requested deferral until the April 22, 2008 City Council public hearing. With best regards, I am D~ R. Edw.w - urdon, Jr. REBjrjarhm cc: Councilwoman Barbara Henley Jack Whitney, Director, Department of Planning Stephen J. White, Department ofPlmming Faith Christie, Department of Planning Alan S. Resh, Alcar, L.L.C. Joe Bushey, Clark Nexsen ConditionalRezonel Alcar/N"unmosQuay,lFraser.Ltr-3.14-08 Map 6--7 J{ \It erUaf'1linl! T eclmo1o ,es Inc. ~ sool~_,ff\A~ n\.\~ ~r;:J [1 ~~ ~ ~ ',~\!J\\ ,,'". ~~ ~ <l, ' ~ ",. '~'l;(" -.l\ ''<e \.- M- '"", . u ... 0 _ I ,,' Lo j --,," ~ '~0 ~ ,c, ,--' =- ",,-r '.~. ;...-- .\-[ I1I c; '_ 0-:;:. ,~""'..... -': I~ ," \, ~ ,Ii' ' ~~(? ;\' &;t. 0 R =:: Go G ':::;j R-15 _ IP U'r~:f' r....<?~ ~ 'l' . .- fi n " 1 '" \ . ,tv-l'~'''''' . J '- - ," ~~ 0(' . _ . ~~, . (j \;l\1,.,Y' [\ r" -g -~ ~ <",w"'" "oe ~ .?-3~. ~...:: '\. ':\'~~ \ ~' a ~ \) .,..,r.:;;>--sl v ~":d r ..\ .. .0<, ~ "bn Q,>\ "" . '-" - :f"~: ~ ) ,<;; " ~ ~':f1:d~ ".", "",,' , -" T ~ ~ -= .-.0. ~ ICC"", ~ ' - - IT ''1~~ ~ ~c;;'::_.a l\~" ""'" - - ~ ~ ,\J " ~ _ ':1'!~?l"1 ,~ II " \. n, ,'~ _~~~,~.f ,a~'i'\';" - ~ ~.--' /I 2;'lQ,c;) ~~d~~l~ ~~ ,r:{) &" ~ -~;u Ct' WJ:'(~ Q. a..: ~'-' ..' .j ~'U\@~ ''I /5-<' · ~ = '. I, ~ :I,)";'J.b' .' >'O~/ 9 {/~;\"~ ';{' <OJ "" ~,~~a" _ ~" ,'''' !Iii \l;:l~ 't rii:' cp,\\ 111 ijf' ::.\'1' ~C ~~. [}' 6. iilI1 -. Q 1', ~ ,,~.,;:' "(\Q · \,-,!:; 11 lJ" [l1 n ~\ roio _, "'" ~ cur, vo"tiaO~ se'"'''' ~....:"\ r.~1.~lA.~"".. r,...:....~~;~.~~ ff":"~l-\--t'. \t,\7"" . }Jj '-::"'~.."av-",,~"':.J .....,~.:.:.:..... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of HyperLearning Technologies, Inc. for a Conditional Use Permit for a vocational school on property located at 3630 South Plaza Trail (GPIN 1487507732). DISTRICT 3 - ROSE HALL. MEETING DATE: March 25, 2008 . Background: The applicant requests a Conditional Use Permit to allow a business and vocational school on the second floor of an existing two-story office building. The site consists of one (1) office building centered on two adjoining lots (Lot 3 and Lot 4) located approximately 170 feet east of Donnawood Drive and on the north side of South Plaza Trail. Sixty-eight (68) parking spaces, including four (4) handicapped spaces, are provided surrounding the entire building. The office building to the west of the site shares one access point off of South Plaza Trail. Access to the property is also available off of North Donnawood Drive through internal access from the site to the west. . Considerations: The proposed school, HyperLearning Technologies, Inc., is a Microsoft Certified Partner specializing in technology and Microsoft certification training. The Company offers its own classes, but also partners with Tidewater Community College (TCC) to provide Microsoft Certificate-level training to continuing education students in the region. Classes offered in connection with TCC will be held at the proposed HyperLearning site and all classes are catered to the adult population. Examples of classes offered are Network+ and Security+, Microsoft Certified Professional, Microsoft Certified Systems Administrator, and Cisco Hacking Forensics Investigator. The facility will have three (3) classrooms capable of handing 12 students plus one (1) classroom capable of handling 16 students. Hours of operation are weekdays, 8:00 a.m. to 4:30 p.m. and 5:30 p.m. to 10:00 p.m., and Saturdays, from 8:00 a.m. to 5:30 p.m. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. The existing hedge of landscaping located along the northern property line acts as an adequate buffer between the proposed use and existing residential to the north. The 68 on-site parking spaces are sufficient for HyperLearning Technologies, Inc. Page 2 of 2 the proposed use and the other existing retail and office uses located on the site. As such, staff recommends approval with the condition listed below. The Planning Commission placed this item on the consent agenda because they concluded the use is appropriate for the location, is consistent with the recommendations of the Comprehensive Plan, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following condition: All applicable building permits and occupancy permits shall be obtained from the Planning Department / Permits and Inspections Office. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planni g Commission recommends approval. Submitting Department/Agency: Planning Department CityManage~ k, ~ HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 February 13, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a business and vocational school. ADDRESS I DESCRIPTION: 3630 South Plaza Trail GPIN: 1487507732 COUNCIL ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: 22,425 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a business and vocational school on the second floor of the existing two-story building on Lot 4. The proposed school, HyperLearning Technologies, Inc., is a Microsoft Certified Partner specializing in technology and Microsoft certification training. The Company offers its own classes, but also partners with Tidewater Community College (TCC) to provide Microsoft Certificate-level training to continuing education students in the region. Classes offered in connection with TCC will be held at the proposed HyperLearning site and all classes are catered to the adult population. Examples of classes offered are Network+ and Security+, Microsoft Certified Professional, Microsoft Certified Systems Administrator, and Cisco Hacking Forensics Investigator. The facility will have three (3) classrooms capable of handing 12 students plus one (1) classroom capable of handling 16 students. Hours of operation are weekdays, 8:00 a.m. to 4:30 p.m. and 5:30 p.m. to 10:00 p,m., and Saturdays, from 8:00 a.m. to 5:30 p.m. The site consists of one (1) office building centered on two adjoining lots (Lot 3 and Lot 4) located approximately 170 feet east of Donnawood Drive and on the north side of South Plaza Trail. Sixty-eight (68) parking spaces, including four (4) handicapped spaces, are provided surrounding the entire building. The office building to the west of the site shares one access point off of South Plaza Trail. Access to the property is also available off of North Donnawood Drive through internal access from the site to the west. No modifications to the exterior of the existing building are proposed. HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office building with associated parking. SURROUNDING LAND USE AND ZONING: North: South: . Single-Family dwellings / R-7.5 Residential District . South Plaza Trail . Single-Family dwellings / R-7.5 Residential District . Retail building / B-2 Community Business District . Office building / B-2 Community Business District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): South Plaza Trail is a two-lane minor suburban arterial. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Plaza Trail 11 ,200 ADT 1 12,500 ADT 1 (Level of Existing Land Use L - Service "0") 500 ADT Proposed Land Use 3 - 77 ADT , Average Dally Tnps 2 as defined by site area of 0.91 acre and 550 trips/acre for B-2 zoning 3 as defined by Institute of Transportation Engineer's trip generation data for a JrJCommunity College with 64 students WATER: This site is already connected to City water. There is an 8-inch City water main in South Plaza Trail. SEWER: The site is currently connected to City sanitary sewer. There is a 12-inch City gravity sanitary sewer main in South Plaza Trail. There is a 12-inch City sanitary sewer force main in South Plaza Trail. POLICE: It is recommend that all doors leading into their school, as well as all internal doors going into the various rooms, have high-security locking devices. The applicant may consult the Police Department's Crime Prevention Office to obtain further advice on recommended methods of securing the proposed learning facility. HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 Page 2 Recommendation: Staff recommends approval of this request with the condition below. EVALUATION AND RECOMMENDATION Comprehensive Plan: This site is located in a Primary Residential Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods. Evaluation: 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. The existing hedge of landscaping located along the northern property line acts as an adequate buffer between the proposed use and existing residential to the north. In order to ensure the classroom is secure, the applicant has also agreed to install a high-security locking device, The 68 on-site parking spaces are sufficient for the proposed use and the other existing retail and office uses located on the site. As such, staff recommends approval with the condition listed below. CONDITION 1. All applicable building permits and occupancy permits shall be obtained as required by the Building Official's Office. 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. HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 Page 3 ~JII..... ~~..-DtlW~~-' ~ ~ 1I~ i 1 : i · l~. ~. ~ ~ it!: i ! ~ '" cJ~~ ii!l~l ..~~~ ~ I: ~ = ! ~i~~~",~o!iS_;~ I ~ il" <> a 2 NO. r3 ~ . b.": !;~{ ..... '_-==< _ ~... ;tt>'" .Il~ls :i!~ Si~ i ~~I i; ~ 1~1 n ,r-. ~~~~i" ~~~;lfi~I=lfib . l-.: ~... _.' ..,"'J- I I TiC~'\l- I J Ic.ll!L!: ~ E : ~ ~ ~~ 1 : ; i ! I ; ! i ; . '. ~ ; ~hn'\: it ~ ~Ei4:i ~. W1~- --r----~-~l.--r--'-~ T-----}~~ _.JI i~" 1-11 11- !.. ~' .....-::~....~ I ~ \1\ rL~ ~ ~~ ! I ~ _ ~ , I · ~h ~'I I :0 t~ ....... ~~~" ~ ! fr ii I Ii Ji ~"'r i: L'r.\~; 1 , ,II I ~ r .IS ~:.!l ,~ i ;\~\'! ~! 'f-L--j ~ ~.i ~ . i I~ r.\-tf. <; ~ ~ . . I Ni~ I---=-- ~ ~. ~,-:,~ r t- ::'" .! - l---'~~ " I ~ [I'\. 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MdtI1IIrJ~"''''-!. t . l - ~ _--L::'==_-=--:-.=!:::-L.-.=-~---------~" -- '\. ~ .~ .31ll1l1 ODQIII'NM)(J HlJDI . z PLAT MAP - "!l l!- ii 11::..rl!W .~ ~~a~: ~ a~~ ~~i~~ ~~~ 5_5 ~~~.~ ~l~ I~fi;i.i~ i~~ ~~Qi~~!~i ~~~ i~=;fL ~f ~~! .lSI~~~!i ~ i~w .l~ w~~ g V5- ~~~ ial~~s ~ ..Q~ ~5~ ~~! ; ~~~ f~~~~i J2~ i ~!Ii~ i~ill;II~: ~u~IB~. j!~Ji~l=i~ B~~!i~1 wwg - tt~ i2..=5Sto !i~5~iiif8~ ~j~~ifs ii:.. ~"'u. I ~~I l;li el PROPOSED SITE PLAN HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 Page 4 /~ ~,r , ,,~'>;. , '. . , .' " '; ,~ ,,' -,.'f:! " ,'" pt\01oGIV-Pt\ Of 6\l\I..O\tlG \-\'(PERLEJ>.RNING lEC\-\NOLOG\ES. INC. Agenda \tern 1 page 6 Map G-7 H.r T h l L Mop Not to Scale 'vtJerLearnlnl! J. ec no 0 les nc. . . ~ ~ "" r,...,'(" -tj WI "'1 1 C y.. / ~ ~ -:;0 ::..... ~lctJ f!Jl~ I n. ~/'f ~ -"....11r )'u........,\ ~ IlJI7J lj, i-=-.ll\,....il7" D J ~- _ _ \I - 0' llI.ll" r~ 11 2 1 ~ .. ~ Y' - 01 'l... ~1 l Q[ ~ \.-, ~ O' -:;;,.. 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'4Jiw rr - --00 ~ L~ t:J ant ~n'"? -.~ ~ '1 rLCf".I~ ., .,Iri ':\1~ ,="- ~ ~ D' l......-l.L>n~ DOl I /'nrf) ~J-....J ]"-rCl - ~ 'T 011 _ GJ Q L~J' 0) KI @s ~ ;.;. cur - Vocational Schoof # Date Description Action 1 10/24/83 Zoning Change (B-2 to A-1) Denied 2 07/10/89 Reconsideration of Conditions Granted 04/27/87 Conditional Use Permit (automobile service station) Granted 3 OS/25/99 Conditional Use Permit (automobile sales) Granted 07/12/94 Conditional Use Permit I mini-warehouses expansion) Granted 4 09/28/93 Conditional Use Permit I church) Granted 5 10/15/84 Conditional Use Permit l Qas station/convenient food) Denied 6 11/22/05 Zoning Change (0-2 to Conditional B-1) Granted 7 10/23/07 Conditional Use Permit church) Granted ZONING HISTORY HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership. firm. business. or other unincorporated organization. complete the following: 1. List the applicant name followed by the names of all officers, members. trustees, partners. etc. below: (Attach list if necessary) :;; ~,.;~ 2. List all businesses that have a parent-subsidiari or affiliated business entit/ relationship with the applicant: (Attach list if necessary) 1!:~c ~eL pcje.~ o Check here if the applicant is NOT a corporation, partnership, firm, business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership. firm, business, or other unincorporated organization. complete the following: 1. List the property owner name followed by the names of all officers. members, trustees, partners, etc. below: (Attach list if necessary) 3~3c 5c'v/f-( 1'-121- T,i:/}/C / i-u c/c t7~!'AI{(1/'v /)/:...r/;/7/rCNf'}j<t;C ff Y-"ME) D f(f,;:~c/\/'/~/'/ /,-r'}"v-7c.c/"'" / /'2C')'~; t'''roJ1 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) " '---~ o Check here if the property owner is NOT a corporation. partnership. firm. business, or other unincorporated organization. 1 J & ~ See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes_ No X- If yes, what is the name of the official or employee and the nature of their interest? ,d/+ Condrtlonal Use Penrut Application Page 9 0110 RevIsed 713/2007 z <=> I I ~ (...;) I I ~ ~ ~ f-t ~ ~ ~ ~ CI":J ;:::J ~ <=> I . f-t I I Q Z <=> (...;) DISCLOSURE STATEMENT HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 Page 7 z o I I ~ C-;) I I J , ~ ~ f-c ~ ~ ~ ~ f:'.I:} p ~ o I I r · I I ~ Z o ~ DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services, real estate services, financial services, accounting seNices. and legal services: (Attach list if necessary) c. ' Iv f-'\ f1J C 0>/'/ 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code S 2.2-3101. : -Affiliated business entity relationship" means "a relationship. other l.t1an parent- subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act. Va. Code ~ 2.2-3101. CERTIFICA TlON: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersign also consents to entry upon the subject property by employees of the Department of Plannin 0 photograph and view)IJ~site for purposes of processing and evaluating this application. ! 6EC9f6.; (1) C:;;6~ Print Name v /J.;<1t2J ;:2 /r""C:-/--/-':cX/[,.i/Pt/ Print Name ConditIonal Use Permit Application Page 10 of 10 Revised 71312007 DISCLOSURE STATEMENT HYPERLEARNING TECHNOLOGIES, INC. Agenda Item 7 Page 8 Item #7 HyperLeaming Technologies, Inc. Conditional Use Permit 3630 South Plaza Trail District 3 Rose Hall February 13,2008 CONSENT Joseph Strange: The next item is item 7, HyperLeaming Technologies, Inc. An application ofHyperLeaming Technologies, Inc. for a Conditional Use Permit for a vocational school on property located at 3630 South Plaza Trail, District 3, Rose Hall with one condition. George Geyer: Hello. My name is George Geyer. I am co-owner of HyperLeaming Technologies, Inc. HyperLearning is owned by my brother Roger Knight. We appreciate being on the consent agenda. I am familiar with the conditions. Thank you very much. Janice Anderson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Gene Crabtree to review this item. Eugene Crabtree: This is a request for a Conditional Use Permit for a certification training vocational school for Microsoft Certified training. Examples of classes they're going to have are Network +, Security +, Microsoft Certified Professional, Microsoft Certified Systems Administrator, and Cisco Hacking Forensics Investigator. This building is ideal for this particular purpose. It is in an area to where the school will not impact on any other neighborhood or anything that goes on within the neighborhood. There is adequate parking around it. In order for the school to have plenty of parking their hours are such that it will not disturb anything whatsoever. It is in rather quiet place, and it should be ideal for the type of business and schooling that they have in mind here. It is within the Comprehensive Plan. It does not sit in any zone that is impacted by any flight patterns or any noise areas as far as the military is concerned. Therefore, we have put it on the consent agenda. Joseph Strange: Thank you Gene. Madame Chair, I have a motion to approve agenda item 7. Janice Anderson: Do I have a second? Donald Horsley: Second. Janice Anderson: We have a second by Mr. Horsley. Philip Russo: Madame Chair, I need to abstain from item 7. One of the principals is a client of mine. Item #7 HyperLearning Technologies, Inc. Page 2 Janice Anderson: Thank you. A motion made by Mr. Strange and seconded by Mr. Horsley and abstention by Mr. Russo for item 7. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIV AS AYE REDMOND AYE RUSSO STRANGE AYE ABS 1 ABSENT 0 ABS Ed Weeden: By vote of 10-0, with the abstention so noted, the Board has approved item 7 for consent. Janice Anderson: Thank you. ! ! ,.r~~'- ~~~~.z:~. ~~l: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Rudy & Kelly Academy of Hair & Nails for a Conditional Use Permit for a vocational school on property located at 1920 Centerville Turnpike, Suite 114 (GPIN 1455914345). DISTRICT 1 - CENTERVILLE. MEETING DATE: March 25, 2008 . Background: The applicant requests a Conditional Use Permit to allow a cosmetology school in a vacant unit of an existing shopping center The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. . Considerations: The school will train students to become licensed cosmetologists. The academy will have approximately 120 students and will operate between the hours 9:00 a.m. and 9:00 p.m. This use will occupy one of the large vacant units in an existing shopping center. Bringing this operation to this shopping center will provide benefits not only for the existing merchants within the shopping center but also for the surrounding community. Traffic generated for the entire shopping center is anticipated to actually decrease slightly due to the proposed use, and thus, no negative impacts to the surrounding roadway network are expected. The Planning Commission placed this item on the consent agenda because the proposal is in conformance with the Comprehensive Plan's recommendations, is compatible with the adjacent residential area as well as the business area, and 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 condition: Rudy & Kelly Academy of Hair & Nails Page 2 of 2 All applicable building permits and an occupancy permit shall be obtained from the Planning Department I Permits and Inspections Office. . 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~ lL, ~CW"l. RUDY & KELLY ACADEMY OF HAIR & NAILS Agenda Item 9 February 13, 2008 Public Hearing Staff Planner: Carolyn AK. Smith REQUEST: Conditional Use Permit for vocational school i I ADDRESS I DESCRIPTION: Property located at 1920 Centerville Turnpike, Suite 114 GPIN: 14559143450000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: Site: 15.407 acres Unit 114: Approximately 14,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a cosmetology school for a beauty academy that will train . students to become licensed cosmetologists in a vacant unit in an existing shopping center. The academy will have approximately 120 students and will operate between the hours 9:00 a.m. and 9:00 p.m. EXISTING LAND USE: Shopping center SURROUNDING LAND USE AND ZONING: North: South: East: West: LAND USE AND ZONING INFORMATION . Retail shops I B-2 Community Business District . Single-family dwellings I R-7.5 Residential District . Single-family dwellings / R-7.5 Residential District . Centerville Turnpike . Retail commercial / B-2 Community Business District RUDY & KELLY Agenda Item 9 Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious, as it is developed as a shopping center with asphalt parking lots, There do not appear to be any important environmental or cultural features on the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Centerville Turnpike in the vicinity of this application is considered a four-lane, divided, minor suburban arterial. The MTP proposes a 145-foot wide right-of-way with a bikeway. Centerville Turnpike - Phase II (CIP 2.851) will improve the roadway from Kempsville Road to the Chesapeake city limits to a four- lane divided highway with bikeway and scenic buffer. Currently, this project is on the "Requested But Not Funded" CIP Listing. Kempsville Road in the vicinity of this application is considered a four-lane, divided, minor urban arterial. The MTP proposes a 150-foot wide right-of-way section with a bikeway, No CIP projects are slated for this section of roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 13,379 ADT 8,800 ADT I (Level of Weekday: Turnpike Service "C") - 13,200 ADT Existing Land Use 2 - 1 (Level of Service "E") 6,748 ADT Proposed Land Use 3 - Kempsville Road 36,037 ADT 26,000 ADT I (Level of 6,347 ADT Service "C") - 34,500 ADT 1 (Level of Service "E") Saturday: Existing Land Use 2 - 7,853 ADT Proposed Land Use 3 - 7,269 ADT Average Dally Tnps 2 as defined by existing shopping center 3 as defined by the addition of the vocational school WATER & SEWER: This site is already connected to City water and sewer, Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION RUDY & KELLY Agenda Item 9 Page 2 , II, Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area, The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: This request for a Conditional Use Permit for a vocational school is acceptable. The school will train students to become licensed cosmetologists. This use will occupy one of the large vacant units in this existing shopping center. Bringing this operation to this shopping center will provide benefits not only for the existing merchants within the shopping center but also for the surrounding community. Traffic generated for the entire shopping center is anticipated to actually decrease slightly due to the proposed use, and thus. no negative impacts to the surrounding roadway network are expected. CONDITIONS 1. All applicable building permits and occupancy permits shall be obtained as required by the Building Official's Office. 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. RUDY & KELLY Agenda Item 9 Page 3 ~iiJ~l~ ~~~i~ ~~I~.~ \ ( M/'d ,os ) avoCl 30QI(j Ole H ~~ ~; -~ ~~ , ; :1 . ~!f \\ s~ 'r s~ I ;; a 1-; . . :I ""... 'I "".,,, ,/ k i / '/ . l ~ h ~'1 ~t ~: .. :. ;:: ;; '-. ;; '" '0 <:J> W '" c:: z '" ::0 ..... W ...J ...J 5 e:: w ..... :z g~ t'S ~~ .... P ;!~ i~" 1...2: ~~t p ..H /' 1\ .'" ./ '\>..../ / \ ~i ~ ~~ ~ i~ ;i .- :t~ ~~ ~ vl ~ i!<;; ~J:l" ol~~ ~..;;; ~ Q ~ " ~~;, ~'"., ~8; ~~::! 5"'''' ci <:. % ~!~ ls. i!~ ~~: ,:",/ \~' ~"" /' ".,.,f.$ < ~'I-'<>'V ofJ" '- -.l t'. c'l-'\J / <;?: ~'y'y'" ,-,J?Co +:~ PROPOSED SITE PLAN RUDY & KELLY Agenda Item 9 Page 4 Rudy & ]{elly Academy Map C-JO ..# ~. d ~T ol Mop Not to ScC'>le 0, na'lT an l'1.a1. S \"'": _\' ~//L V"-1j '(r".'\{' '(J' \~~ ///fi" ~ ~ N \ ~ ~A~ ~ ~ ..;: ~~~~ ~ '" ,( W~~ '" #a;2 , ~~~.... .,.. l. 11:, II "v t~ :I O~71,.; i'"'.. ~:;:~'b~ ~~ lf~f\~ ~~~ ~ ~'l"~~~-~ ,~u ~ ~ ~ 'w.~' ~ r..;,. "~.~ ~ ~<)~ ~ ~ 'i8'~, ~ ~~ l?1&!ll3'~ 0110~~~ ",""'Y,] ~.\ _~ 2. ,- -. "', (~~ 'rrill~ ~ ~',l. k\~~_8~!1' 0 '. J" ~ ~~ ~~ ~ ~O~ l..i I \"fj ~ "~ ~ ~ ~--il'''~ ~ 't . ~... ~... ''1 ~" f} i!j 00, ~ 3N.~ q'B-2 . Y-'I lo!o 'l,; ;- fjl ~' ; :" ,,';7,.~ ,- 1,3 ~ ~ ~.j' . ~( ~\ -.~)-"~ I"-Vc1. 'T <It- /?. . '> ).~ ~y, .., ~]d~iJ~. ~'\ ~ 1"-1~'. ~ ~.' ~ ~ . ~ Q ~_~~ . ~ ) ~\)T.I~ Rl ![f~ '!lo..': '. 0' ).'\~ .... oN..... 'TO on "'\ri,'l\O~~ m ' ~1. JC, "~\\1!' \.~ ?'9ZN 'ij(\ . \ A '" CUP - Vocationcll School 1 12/09/03 REZ (R-5D to conditional B-2) Granted MOD of CUP CUP (mini warehouse) 2 05/08/07 MOD of CUP (fuel sales & car wash) Granted 3 09/28/99 MOD of Proffers Granted 4 03/26/02 CUP (church addition) Granted 5 01/12/99 CUP (fuel sales) Granted ZONING HISTORY RUDY & KELLY Agenda Item 9 Page 5 II DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation. partnership. firm. business. or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers. members. trustees, partners. etc. below: (Attach list if necessary) Rp.tJ J L-L-L d 6 Ci RuclJ -r 1<&:://'1 if{(:V/d~lV irf HQ;r 1- /L~;/s i<.\r1r!..)J~ lPuS5[. 11;(hu/2/ f I.Ju'ss{ .7t-~fI(~ C !~;)llciJJ . ' I ( 2. List all businesses that have a parent-subsidiary 1 or affiliated business entit/ relationship with the applicant (Attach list if necessary) 1'l\A o Check here if the applicant is NOT a corporation. partnership. firm. business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation. partnership. firm. business. or other unincorporated organization. complete the following: 1. List the property owner name followed by the names of all officers. members. trustees. partners. etc. below: (Attach list if necessary) ,,~~-x_) LU...... ) ~D'f 'K ~. <=-,..-.:l'r( (-;..-c; 2 List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant (Attach list if necessary) ,,-:(' \lC:-=-, o Check here if the property owner is NOT a corporation. partnership. firm. business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an offiCial or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No / If yes. what is the name of the offiCial or employee and the nature of their interest? Conditional Use PermIt ApplicatIon P<Jge 901 10 ReVIsed 7.'3'2007 z o I I ~ U I I ~ ~ ea F--c ~ ~ ~I ~ ~ ~ ~ o I I F--c I I Q Z o u DISCLOSURE STATEMENT RUDY & KELLY Agenda Item 9 Page 6 z o I I ~ U I I ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~ o I I ~ I I QI Z! o u I J DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services. real estate services, financial services. accounting services, and legal services: (Attach list if necessary) )t?e G tfor )1ed 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Governm ent Conflict of Interests Act. Va. Code S 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. oth er than parent- subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Governm ent Conflict of Interests Act, Va. Code S 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been SCheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. (j~~~{;X ture ----. /;// /,/ / jl'/</- 1jJPOc../P/1 7) '151'/.:;;,,:::;--) Print Name! /h01LK r: (;-i+f ((11-- . Print Name Conditional Use Perm~l Application Page 100110 Revised 7/3/2007 DISCLOSURE STATEMENT RUDY & KELLY Agenda Item 9 Page 7 Item #9 Rudy & Kelly Academy of Hair & Nails Conditional Use Permit 1920 Centerville Turnpike District 1 Centerville February 13, 2008 CONSENT Joseph Strange: The next item is agenda item 9, Rudy & Kelly Academy of Hair & Nails. An application of Rudy & Kelly Academy of Hair & Nails for a Conditional Use Permit for a vocation school on property located at 1920 Centerville Turnpike, Suite 114, District 1, Centerville, with one condition. Doug Worrall: Hi. My name is Doug Worrall. I'm the sales leader at Rudy & Kelly Academy and we would like to thank you for putting us on the consent agenda. Weare aware of the conditions. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Kathy Katsias to review this item. Kathy Katsias: Thank you Mr. Strange. Good afternoon. Rudy & Kelly Academy of Hair & Nails is applying for a Conditional Use Permit to allow a cosmetology school for a beauty academy that will train students to become licensed cosmetologists in a vacant unit in an existing shopping center. The academy will house approximately 120 students and will operate between the hours of9:00 a.m. to 9:00 p.m. This proposal is in conformance with the Comprehensive Plan's recommendations for this area, and is compatible with the adjacent residential neighborhood as well as the business area. Staff recommends approval and we concur with staff. Therefore, we have placed it on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chair, I have a motion to approve agenda item 9. Janice Anderson: Do I have a second? Donald Horsley: Second. Janice Anderson: We have a second by Mr. Horsley. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE ", I ~ i I Item #9 Rudy & Kelly Academy of Hair & Nails Page 2 KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By vote of 11-0, the Board has approved item 9 for consent. . I II - 47- Item V-K.3. PLANNING ITEM # 51089 Attorney R E Bourdon, Phone 499-8971, represented the applIcant and dlstrzbuted a concept of the hotel and the sIte plan. whIch IS hereby made a part of the record Upon motIOn by Councilman Dlezel, seconded by Councilman VIllanueva, CIty CouncIl, adopted Ordmances upon applzcatwn of GLAMOUR CORPORATION for Changes ofZonmg ORDINANCE UPON APPLICA nONOF GLAMOUR CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l TO CONDITIONAL 0-1 OFFICE DISTRICT Z04032143 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Applzcatwn of Glamour CorporatIOn for a Change of Zonznf! Dlstnct ClasslficatlOn from AG-l Agncultural DIStrlct to ConditIOnal 0-1 Office Dlstnct on the south Side of Dam Neck Road, approximately 2,730 feet west of Corporate Landmg Parkway (GPIN 2405945638) The proposed zonzng to CondItIOnal 0-1 Office IS for office and compatible land use The ComprehenSIve Plan recommends use of thIS parcel for employment uses mcludmg busmess parks. offices. and appropnately located mdustrzal uses Sazd parcel contams 2 acres DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATIONOFGLAMOUR CORPORAnONFOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l TO CONDITIONAL H-l HOTEL DISTRICT Z04032144 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Applzcatwn of Glamour CorporatlOn for a Chan~e of Zonznf! DIstrIct Classzficatwn from AG-l Agncultural Dlstnct to Condztwnal H-1 Hotel Dlstnct on the south szde of Dam Neck Road, 2,530 feet west of Corporate Landmg Parkway (GPIN 2405945638) The proposed zonzng to Condltzonal H-1 Hotel IS for hotels. The ComprehenSive Plan recommends use of thIS parcel for employment uses Includzng bUSiness parks, offices, and appropnately located zndustrzal uses SaId parcel contains 4 4 acres DISTRICT 7 - PRINCESS ANNE The followmg condztlOn shall be reqUired 1 Agreement encompassmg the proffers shall be recorded WIth the Clerk of the CIrCUIt Court and IS hereby made a part of the record Apnl22, 2003 " I II My next comment is to the re-alignment of Indian River road. The City is asking that this area be set aside for this road and the area is not included in the Open Space area, on the Harvest Outreach property. I think the City should ask as a proffer from the Brenneman Family Partnership that the entire right of way for this re-alignment be Dedicated to the City as a condition of this application. The reasons are evident in the many portions of roads through out the City that are not funded because of this patch work of development practices. I don't know if this could be addressed now or when the Brenneman's submit an application to sub-divide their property for this applicant. My final comment is that I do not think this is a suitable location for a Church Ministry of this size at the present time, I think the City should re-evaluate and revise the requirements for allowing "Mega Churches" through out the City. I would prefer a moratorilml on such applications until the City Sta...-ff can come up with a more pro-active approach to the unique impact this type of application has on the City. Thank you, 2 ~ gf. ffi~ 3313 North Landing Rd. Virginia Beach, Virginia 23456 757-407-0560757-427-6178 Karen Prochilo Building 2, Municipal Center 2405 Courthouse Drive Room 115 Virginia Beach Virginia 23456 JAN 2 4 2008 RE: Harvest Outreach Ministries, Inc. Karen Prochilo, I would like to make a few comments about the above referenced project. The first is the increased traffic on Indian River road, North Landing road and Salem road all of these roads will be affected by this project, with no remedy in sight for years to come when looking at the future Capitol Improvement Plan for these roads. The turn lane configuration for the existing Indian River road shows that it is about in the center of the property, but when you look at the alignment where it crosses the "Future Indian River road" alignment it is not centered. This should be re aligned to be in the center of the property to avoid encroaching on the adjacent property owner to the East. Phase 2 of the project adds over 11,000 square feet to the building without increasing the parking capacity. I do not understand how this will not affect the amount of parking needed, (please explain). There is a note on the plan that the "interior property line to be vacated" refers to the Brenneman property line. I would like to see that the interior property line on parcels: GPIN # 1483-85-2479-0000 and GPIN # 1483- 84-1803-0000 also be vacated as a condition of this application. The sewage for the previous application of this project was to be pumped to a station located to the East on Indian River road. I would like to see engineering plans and right of way acquisition contracts added to the conditions for approval. The Indian River road right of way is very narrow and the roadbed is going to be adversely effected by a ditch cut in the road surface. This is a very old road bed that was not built to modem day specifications that allow for cross cuts etc. 1 e/6~(~f) <6 lit v ,; I II I Item #6 Harvest Outreach Ministries, Inc. Page 8 Barry Knight: Second. Janice Anderson: A second by Barry. Is there any further discussion? I would just like to make a point that I will be in support also. I think this property is burdened by the inner facility traffic area where it is located so it is very restrictive to what you can do with the facility in 70 to 75 dB zone, and the church does fit in, which is acceptable. So, I think that is reasonable to put this facility here. But the other thing is a phased development, and I like that if the congregation grows, there is enough area to grow with it. Of course, if the congregation doesn't grow, it doesn't get developed, but at least they have the property to grow, where in a lot of places where churches are built the church gets to big for the area. They've outgrown the area and at least this is a phased development. So, are there any other comments or anything? There is a motion by Don Horsley and a second by Barry Knight. We're open for the question? ANDERSON BERNAS CRABTREE HENLEY HORSLEY KATSIAS KNIGHT LIVAS REDMOND RUSSO STRANGE AYE 10 ABSO ABSENT 0 NAY 1 AYE AYE AYE NAY AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-1, the application of Harvest Outreach Ministries, Inc. had been approved. Janice Anderson: Thank you Mr. Lentz. That is our last matter on our regular agenda. Thank you everyone. We will be closing that portion and we will be opening the workshop here. The public hearing is adjourned. Item #6 Harvest Outreach Ministries, Inc. Page 7 Stephen Lentz: Thank you very much. Janice Anderson: I'll open it up for discussion. AI? Al Henley: The first application when the church came to us some time ago, I was not able to support that for the same reason I will not be able to support it this time is because of the traffic. Even though this particular parcel is suppose to be developed in three phases and could possible get to 12 years, my main concern is Indian River Road is the same roadway that is down in width for as long as I've been here, and I've been here 61 years. And, before my parents time, you still have the same deep ditches. I think the speed limit in front of the church has been reduced to 35 MPH, which is good but we still have the same rural country road that has been there for decades. I think it is good for the church that they are able to purchase this property and come out and be a part of the community. I think that is fantastic. I think they have also worked sincerely with staff and try to answer some of the concerns of Council and the Planning Commission regarding concerns. I think they should be applauded for that. But it is hard for me to support this if we had a time limit and Indian River Road was going to be built in 10 years, it is not even on the agenda. And we all know that the financing for that makes it impossible because a lot outstanding circumstances. I wish I could support it but I can't. It is good that the main congregation all meet on Sundays and I think that is good but we also have a lot of traffic on weekends, Saturdays and Sundays, primarily people coming from Kempsville and the other reaching neighborhoods that are coming down to the county for boating activity, for camping, for picnicking and so forth in the lower end of Princess Anne County, which is increased in Back Bay and Sandbridge. So, that is a high volume. I don't know what that traffic count is for the weekend or Saturdays in particular. It probably doesn't relay make any difference. Primarily, I have to live with my decision. And my decision is to protect the citizens that not only live here but the citizens who visit our City. So, I have to make the decision that is right for me, and I think it is right for our citizens, who come to our City. I will not be able to support this for those reasons. Thank you very much. Janice Anderson: Thank you AI. Is there any further discussion? Comments? Don? Donald Horsley: First, let me say that I've cleared it with the City Attorney that I do not have a conflict. I rent the farm land from the Brenneman Family who sell a little portion of the property to the church. And the City Attorney says I don't have any financial value to this so I can talk. Indian River Road concerns me too about traffic. However, I think this is the time of the week when the traffic is the lightest and it is probably Sunday morning when church services are held. I really don't think the maximum of 500 people there is going to generate enough traffic to cause that much problem on Sunday morning. If it were for a school where it would add traffic on a daily basis, I think I would have a different opinion of it. Since it is mainly the church generated for Sunday mornings, I think I can feel comfortable supporting this application. So, with that, I guess I will make a motion that we approve this application based on the comments that I have already made. Janice Anderson: Thank you. ,",.<...,_,_,,~,.ii, l ,I~ I Item #6 Harvest Outreach Ministries, Inc. Page 6 Janice Anderson: Phil? Philip Russo: Mr. Lentz? Do you know what the current enrollment in the church is? Stephen Lentz: Right now, they are running about SOO people on Sundays. As I mention, pretty few stragglers or visitors but this is a local indigenous church from this district. Al Henley: I have one more question. Janice Anderson: Yes. Go ahead AI. Al Henley: In Phase I, it says you have a 700 seat capacity. I'm assuming it says until the sanctuary is built, which is Phase Ill, so those 700 seats are being eliminated and only having lSOO seats? Stephen Lentz: That is correct. Janice Anderson: Go ahead Don. Donald Horsley: Mr. Lentz along the traffic issues that Mr. Henley talked about, it is a seven day a week deal. Stephen Lentz: Well, it is really a church. It is not a school. It is not a daycare center. This is a church. It is a seven day week activity that is largely administration during the day time, and then maybe on a Wednesday night there might be some youth activity going on. So, the church building will be used seven days a week but the actual worship profile is on Sunday. Donald Horsley: So, other than Sundays, the bulk of the traffic will be Sunday morning normally? Stephen Lentz: Yes sir. Donald Horsley: Okay, so the other days of the week. I'm talking about a five day work week is very minimal traffic. Stephen Lentz: That is correct. They have 8 to 10 staffmembers. Donald Horsley: Okay. That is my main concern about the traffic seven days a week. But I knew it was suppose to be a school so I was wondering what other activities would generate a lot of traffic that you had during the week because Sunday would, I guess there is a light day of traffic on Indian River Road it would be Sunday morning especially during church time. Stephen Lentz: Yes sir. Janice Anderson: Any other questions? Thank you Mr. Lentz. - I Item #6 Harvest Outreach Ministries, Inc. Page 5 Janice Anderson: Any other questions for Mr. Longergan. Thank you. Mr. Lentz? If you could briefly address it? I believe at the informal there were concern about the traffic on Indian River Road and what improvements the applicant is going to make to alleviate those Issues. Stephen Lentz: As we've mentioned, if we can get to the final phase, it would be fine. It would probably show it best. There are contemplated turn lanes. Basically we have a taper in the right hand turn land that has been proposed, and also a taper in the left hand turn that has been proposed to take as much pressure off of Indian River Road as possible. In addition, this is two lanes coming into the property and going out of the property. Actually there is three lanes because there is one coming in and two going out. And, the cue for the cars has a nice long cue that we think would be very effective. So, again this is added expense for the congregation. They are willing to pay that and do whatever is necessary to alleviate even though they know that some day this maybe another discussion. We may be back doing it again. So, they tried to response to the traffic issue on old Indian River Road by offering turn lanes, offering to widen the roads, and also offering to lengthen this road, and to make it two lanes coming out to respond to the current reality. So, I think they have done a good job. Then they moved everything, as I said back to the north of Indian River Road to again, dedicate this property as green space, and again to take any congestion away from the current Indian River Road. Janice Anderson: Thank you. Mr. Henley, did you have any questions regarding the timing of this development? Al Henley: As I said in the informal session and it may not be reasonable to the church but I will let you know up front that I am not going to support this application because of my concerns with the traffic on this rural piece of road. I am also going to let you know that I am very consistent in my decisions on every application that comes across here so I'm not picking on your church. My comment was in the informal session is would the church be willing to delay Phase III until if and when Indian River Road was improved? Stephen Lentz: I think not, and, ifI might state the reason. rfthere was a certain date for Indian River Road coming, I think we could cooperate with that wholeheartedly but because it is open ended, I think the physical responsibility and the responsibility of the Board of Directors back to the congregation, it would be very difficult for them to say please invest in all these road improvements, buy an extra ten acres, build all this property in the back but we don't know whether we will be able to build the addition. So, I don't think they will be able to go that far but I think they have demonstrated a sincere willingness to work with realities of the area. Al Henley: I understand. Stephen Lentz: Yes sir. "I I I Item #6 Harvest Outreach Ministries, Inc. Page 4 Janice Anderson: Go ahead Don. Donald Horsley: Jack, we got in there as a condition that he has a 100 foot buffer along Indian River Road. What happens when they build the new Indian River Road? Are we still going to have a requirement for a 100 foot buffer? Is that going to take away where his parking is on the site plan? Jack Whitney: Yes. It will. We will look at during site plan review and make sure that 100 buffer is preserved. Donald Horsley: So, it will still maintain even with the new road? When and if it ever built? Jack Whitney: It's a long away. Donald Horsley: There are some big trees if they planted them now? Jack Whitney: They would in deed. Donald Horsley: Okay. That is the only question that I have. Janice Anderson: Are there any other questions? Thank you Mr. Lentz. Do we have any speakers? Donald Horsley: Yes. We have one speaker in support. Mr. Greg Lonergan. Greg Longergan: Good afternoon. Janice Anderson: Welcome. Please state your name? Greg Longergan: I'm sorry. I'm Greg Longergan. I live to the west of this property. My property forms the western boundary. And, I use my property for producing income by growing rosemary plants. And, so if the new Indian River Road comes into being, even though it may be a little while away, I would like a condition put in that the turn lanes stay within the property line of the church site like they are currently. And, because as it becomes successful, as I hope they will be, they may need a single or a double turn lane, and I'm already going to give up a chunk of property just with the new road. And so, what I would like to do is be able to secure their infrastructure that encroaches on my ability to make an income in the future. So, very simply put, that is that I came here for. Janice Anderson: I believe, Mr. Longergan, if they needed a strip ofland to build a turn lane, he would have to talk to you. He just couldn't go ahead and do that. Greg Longergan: Okay. Thank you very much. I Item #6 Harvest Outreach Ministries, Inc. Page 3 Stephen Lentz: The initial parking spaces are right here. And then when Phase III happens, these will be the additional. Barry Knight: Okay. So, were going to have a total of the 286 plus the 3l4? Stephen Lentz: Yes. Barry Knight: Great. Is that, Mr. Whitney, reflected in because if you read it here, it just says that during this phase 314 parking spaces. Karen Prochilo: The engineered site plan shows that there is a total of 200 spaces for Phase III plus Phase I, which states here 198 spaces for a total of 448. Barry Knight: Something about that math doesn't work out then. Karen Prochilo: This is based on the engineer's plan not the architectural which shows a total of 600 spaces. Stephen Lentz: So your number would be lower then are number? The reason why were offering actually more parking spaces is that our studies with church growth reflect actually what you just observed Mr. Knight. It is not four people to a car anymore. It is more like two. So, Ms. Prochilo's requirements would be a lower number then we're actually proposmg. Barry Knight: Great. Then if we just get clarity in there because you concurred Mr. Lentz that it is 286, and then you're having an additional 314 parking spaces, my concerns have been alleviated. Stephen Lentz: Okay. Henry Livas: Would you clarify that you said there would be no additional seats during Phase II classroom and things like that? Stephen Lentz: That is correct. Basically it is more administrative offices and additional classrooms. It is more of an economic moment. I think if the church could afford it, they would do Phase I and then there would be a Phase II that would be the current Phase II. But basically they are staging the build out ofthe initial wellness center. It will function in a realistic way then they will add additional classroom spaces for the number of people that are actually in there in Phase II. There will not be any and still 700 congregants that are proposed for that particular usage until Phase III. Janice Anderson: Any other questions? Donald Horsley: I have a question for Mr. Whitney. _..._.____.__._n_._._ .._......_.__.~.____ '...~...'_I Item #6 Harvest Outreach Ministries, Inc. Page 2 provided at that point. The proposal in 2006 included four phases. The fourth phase has been dropped, and the congregation has said they would come back another day on that. If and when the congregation ever grows to need Phase IV. The classrooms, the multipurpose worship space is contemplated to be used seven days a week but not for major traffic. It would be used for staff. It would be used for some minor church activities but the main thrust of this particular application centers around those Sunday worship services. The architectural style of the building, which I have in front of the podium has been approved in its design is in neutral pallet foaming material and it seems to be in keeping with the transitional zone. I want to point out again, and if we can to the final phase on your slide, there is a significant amount of portion of the land that was treed. On this particular proposal, on to my right would be the final proposal. And on the slide, if you could go to the completed project, I thirLl( it would help orient the Commission to the significa.TJ.t amount of treed space that is contemplated on this proposal. We've worked with Traffic Engineering. Obviously the current Indian River Road is what it is, and so in addition to this particular organization purchasing and investing an additional 10 acres to move everything north, there is also a lot of reorganization of the lot to allow for quite a lengthy road going into the property that allows for cueing up of the traffic coming out which takes some pressure off Indian River Road. A 200 foot left turn with 200 foot taper along the existing Indian River Road has been proffered. A 150 foot right turn lane with a 150 foot taper along the existing Indian River Road has been proffered. The site entrance has two lanes to it, one to the right and one to the left only. And, the entrance road has an excess of200 feet in length to again, allow for the cueing of the traffic coming in and out, waiting for the day when the new Indian River Road shows up in everybody's life at this corridor. In access of 50 percent open space has been preserved and a minimum of 100 feet of landscape buffering for Indian River Road has been proffered with no parking allowed in the buffered area, and 25 feet of landscape buffer along the property lines has also been proffered. So, the organization has done an extensive amount of work to try to incorporate the discussion offered in 2006. We met with Councilwoman Henley to talk about her desires and her concerns in this particular area. We respectfully request approval of this particular Conditional Use Permit. Janice Anderson: Thank you. Stephen Lentz: Thank you. Janice Anderson: Are there any questions? Barry? Barry Knight: Mr. Lentz? I would like to ask you in relation to Phase I, II and III and the parking, Phase I says, you will have 700 seats and you'll have 286 parking spaces. My math shows me that is about 2 Y2 people coming in a car per parking space. That sounds realistic. Then in Phase III, there are 1500 seats and 314 parking spaces. Stephen Lentz: That is an additional parking spaces. Barry Knight: That is additional parking spaces. That is what I asked this morning. Okay. , .,--\-.,," Item #6 Harvest Outreach Ministries, Inc. Conditional Use Permit North side of Indian River Road District 7 Princess Anne February 13,2008 REGULAR Donald Horsley: The next application is the item 6, Harvest Outreach Ministries, Inc. Application of Harvest Outreach Ministries, Inc. for a church on property located on the north side ofIndian River Road, 675 feet west of Bridlepath Lane, District 7, Princess Anne. Janice Anderson: Welcome Mr. Lentz. Stephen Lentz: Madame Chair and members of the Commission, my name is Steve Lentz. I'm a Virginia Beach attorney. It is my privilege to represent Harvest Outreach Ministries on agenda item 6. Their Conditional Use Permit application is for the property located on the north side ofIndian River Road, 675 feet west of Bridlepath Lane about 28.11 acres. I want to thank Ms. Prochilo and her staff for helping me on this particular project. We worked about a year on this now. And, if I might just reorient us a little bit of the history of this property and highlight and expand a little bit on the application. This organization, Harvest Outreach Ministries is a local church. They have been in existence for about 10 years, since 1998. They have been working exclusively in this corridor. They started 10 years. They have about 500 members who are coming now. They are currently meeting at Salem High School. They have been there for about year and a half now. And, before that, they were at Landstown for another couple of years. So, this is a local group. This is not a migratory group. It is not a group that is going to be bringing in residents or members from outside this particular area. This is truly an indigenous church to this particular corridor. Our Conditional Use Permit was proposed by this particular organization in September 26,2006, and it was denied. At that time the property was bifurcated by the proposed new Indian River Road. They had buildings on either side of that road. Working with the Planning staff, we have reorganized this entire project. The church has purchased an additional 10 acres, which has allowed us to begin to actually move the property onto the north side of the proposed Indian River Road, and leave an excess of 50 percent of the property as green space, even in its final form in Phase III. Proposed is three phases. Phase I would be a 32,000 square foot education and family life center. It would serve as an interim worship center. And, once the sanctuary is completed in Phase III, this particular first phase would be used as a family wellness center and not as a worship center. Phase I would also contain administrative offices, a lobby area, classrooms and 286 parking spaces. Phase II is merely adding an additional 11,700 square feet for additional classrooms, offices and administrative space. There is no additional seating that is contemplated in Phase II for the growth of the congregation. About 10 to 12 years down the line, the proposition is that Phase III would be constructed. There would be a 23,000 square foot sanctuary that will be built, and at that time, 1,500 new seats would be proposed, and an additional 314 parking spaces would be z o I . ~ U I I ~ ~ ea E--t ~ ~ ~ ~ ~ ;::J ~ o I I F--4 I ( ~ z o u " Il". I II DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Ivy Archit~r.tllri'll Tnnovi'ltionl': P r Lentz. Stepanovich. & Bergethon P.L.C. 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plan I g to photo raph and view the site for purposes of processing and evaluating this application. '/ I - A~ie Callahan Property Owner's Signature (if different than applicant) . Print Name Conditional Use Permit Application Page 10 of 10 Revised 713:2007 HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 13 ISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach Ust if necessary) Harvest Outreach Minstries, Inc., Archie Callahan, President Lucius Chappell, Jr. See/Treasurer, Kenneth Blease, Director 2. List all businesses that have a parent-subsidiary' or affiliated business entitf relationship with the applicant: (Attach list if necessary) N/A o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have a parent-subsidiary' or affiliated business entitf relationship with the applicant: (Attach list if necessary) N/A o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No ~ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revi&ed 7/3:2007 z o I I ~ U I I J , =-- ea f--4 ~ ~ =-- ~ CI':) ~ ~ o I I f--4 I I c:::l Z o c ) HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 12 I I, ...:.(-:~ I iT-J.1 ~dBLdn I- CUP for Church . Conditional Use Permit (church) Conditional Use Permit commercial kennel Conditional Use Permit (church) Rezoning from B-2 to AG-1/ AG-2 Rezoning from AG-1 to B-2 i 1 2 3 4 5 I 09/26/06 ! 02/10/04 ! 08/27/91 I 08/27/86 , 06/09/80 I Denied Granted Granted I Denied I Granted ZONING HISTORY HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 11 z o i= () w -, C a:: Cl. C/) a:: <: w >- C') o l- C\l w C/) <: :r: Cl. z o i= ~ l.l.I m (:J z 15 ...J 5 !Xl , C/) w c: l- f!2 ~ ::: Ic;j o 'c <( -- we' a:: 5 l- - :::J-I::. O~ CD l-!Xl C/)ro w-- > .5 cr;al <( .:: :r:> PROPOSED BUILDING ELEVATION - PHASE 1 HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 1 0 /' /'/' " r .~. \~ \\' 1\ (>"_"'-J>IOlll ...... ,......... (!'lOll Jl3I"ll ,MOl" PROPOSEO S\iE p\..A.tl- p~A.SE 3 I-IJ>.R\lES1 OU1REJ>.CI-I \'J\INIS1RIES. IN' p..genda \teff pag~ // // r 1 \ i\ ~\ ...:\ '(\ PROPOSEO S\1E pLAN - p\\/>.SE 2 \"I!\.R\lESl QU1RE!\.C\"l MINIS1RIES. INC ~genda \ten" E page. " I I' ~~ Jf. '14 i ;1: . . -- .1,.1 ij;;j ~!i! 1'1 \ fIB i!! .iJ PROPOSED SITE PLAN - PHASE 1 HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 7 -- --- i _ - 1 II i 1 .I", Ii;;! '11:\ lil'j v..__Jtr.1)f>> ~ ~^) ~ ~ toMQNI AERIAL OF SITE LOCATION PROPOSED SITE PLAN - ALL PHASES HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 6 "I I" file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach, Virginia", prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall strive for a minimum of 50 percent open space on the site. 4. The applicant shall maintain a minimum of 100 feet of landscaped buffering from Indian River Road, No parking is allowed in the buffered area. 5. The applicant shall install a 25 foot landscaped buffer along the property lies. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. Lighting plan is to include height of poles located within the parking lot along with the location of all pole mounted and building mounted lighting fixtures, All fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses or city streets, The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-off fixtures. Lighting shall be directed down at the ground and not horizontally or up in the air. 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. HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 5 pursued. STORMWATER MANAGMENT: At the time of site plan review, water quality, quantity, and drainage analysis and a master drainage plan for full development must be submitted. FIRE: An approved water supply capable of supplying the required fire flow for fire protection is required by the Uniform Statewide Fire Prevention Code. The water supply must consist of reservoirs, pressure tanks, elevated tanks, water mains, or other approved fixed systems capable of providing the required fire flow to a fire hydrant system, An approved automatic water supply is also needed for the fire sprinkler system that will be required for the proposed buildings. A complete review will be done during the site plan review process. Recommendation: Staff recommends approval of this request for a Conditional Use Permit for a church and associated ancillary uses with the conditions below, EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound, and desirable destination for people to live, learn work and play, "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the northern urban area, but as a more limited type of growth, with its own development standards suitable to the character of the area where greater integration of natural resources and more open space is planned," (p.147). Evaluation: Since the denial of a Conditional Use Permit for a church by City Council on September 26,2006, the applicant has met with staff to revise the proposal. The applicant acquired additional property to allow for turn lanes and a reconfiguration of the site, creating a more cohesive site plan. The revisions further ensure that all of the parking and church activities are on one side of the site, north of the future Indian River Road right-of-way; this was a concern of the City Council in 2006, as the plan at that time had facilities on one side and parking on another. As the proposed use will provide a service to the communities in this area and the city as a whole and is consistent with the recommendations of the Comprehensive Plan, Staff recommends approval of the application with the conditions below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach, Virginia" Phases One, Two and Three prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 4 -".._-,jj;.I",11 The Master Transportation Plan (MTP) designates this facility within the current Princess Anne 1 Transition Area and further classifies it as a Princess Anne Area Buffered Roadway within a 110-foot wide right-of- way. Indian River Road to the east is included within the Capital Improvement Program (CIP) on the "requested but not funded" project listing. This CIP project is for the reconstruction of a 2-lane undivided roadway from West Neck Road to North Landing Road. It will include landscaping, aesthetic enhancements, multi- use paths, and bike lanes. Traffic Engineering has reviewed the updated traffic volumes that supplement the June 28,2006 Traffic Impact Assessment (TIA) submitted with the previous request. Traffic Engineering agrees with the assessment of the volumes and continues to support the roadway improvements recommended in the TIA. These roadway improvements include: . Reserve sufficient right-of-way for Indian River Road to the east. . Dedicate and acquire sufficient right-of-way to provide all roadway improvements along existing Indian River Road, . Provide a 200-foot left-turn lane with 200-foot taper along existing Indian River Road at the site entrance. A 245-foot transition will be required to construct the turn lane. . Provide a 150-foot right-turn lane with 150-foot taper along existing Indian River Road at the site entrance. . The site entrance must have two exiting lanes (1 right-only and 1 left-only) and one entering lane along existing Indian River Road. The entrance road must be 200 feet in length prior to entering the parking lots to provide adequate queuing of vehicles, . Utilize a stop sign at the site entrance for the first two phases during weekdays and Sundays. Beginning with Phase III, provide an off-duty police officer during peak periods on Sundays to direct traffic into and out of the site. The conceptual site plan appears to incorporate the improvements listed above, TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River 5,314 ADT' 13,600 ADT T (Level Existing Land Use .< - 280 ADT Road of Service "C") Proposed Land Use 3 - 15,000 ADT 1 (Level 608 ADT - weekday (26 a.m, of Service "D"I Peak Hour Vehicles entering 1 capacity) 23 p.m. Peak Hour Vehicles entering) 2,295 ADT - Sunday (495 Peak Hour Vehicles enterinQ) Average Dally Tnps (2006) 2 as defined by agricultural zoning 3as defined by church 66,700 SF (1500 seals) WATER: City water does not front this site. City water is not available. The closest water line is approximately 4,000 feet to the east at Courthouse Estates. Health Department approval is required for private wells. SEWER: City sanitary sewer does not front this site. City sewer is not available. The closest sewer line is approximately 4,000 feet to the east at Courthouse Estates. Health Department approval is required for septic systems, Private grinder pumps and force main may be an option. However, site is not within an existing pump station service area. Pump station analysis for a potential receiving pump station is necessary if this option is HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 3 . Phase III is the construction of a 23.000 SF church sanctuary with the ability to provide capacity for 1,500 seats. The total final floor area of the facility is 64,700 SF. During this phase, 250 additional parking spaces will be provided for a total of 448 (the Zoning Ordinance requires 300), The facility will operate seven days a week. The administrative offices will be open between the hours of 9:00 a.m. until 5:00 p,m. The number of staff will range from four to eight depending on the growth of the church. Classrooms and multipurpose worship space will be used seven days a week for training, classes and youth activities as well as church services. The number of attendees will vary with the activities. The architectural style of the buildings is a simple modern design in a neutral palette of building material colors. The use of a textured split face block for the main body of the building is offset by the smooth horizontal metal accent at the roof line. A second horizontal accent band is located between the first floor ceiling line and the second floor. Metal panel ribs punctuate through the roof and the walls of the semi- circular lobby entrance area. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped rural site SURROUNDING LAND USE AND ZONING: North: · Rural residential and cultivated farm fields / AG-1 & AG-2 Agricultural District · Across Indian River Road is rural residential / AG-2 Agricultural District · Rural residential and cultivated farm fields / AG-1 & AG-2 Agricultural District · Rural residential and cultivated farm fields / AG-1 & AG-2 Agricultural District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: A significant portion of the site is treed. There are no known significant cultural features associated with this site. AICUZ: The majority of the site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana and NALF Fentress. A small portion of the property in the northwest corner is in the Greater than 75 dB Ldn. The Navy's Air Installation Compatible Use Zones Program considers the proposed uses conditionally compatible with airfield operations (sound attenuation must be installed in the buildings). The facility is located in the Interfacility Traffic Area, and the applicant is aware of the potential for flights of tactical jet aircraft over the site. The proposal has been reviewed by the City/Navy Memorandum of Understanding Committee and found consistent with the City's and the Navy's AICUZ regulations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 2 HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 February 13, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a church, ~.. ......~_......_~_.....~..__~_._~~.~"""__~_.Jli., .~. (~"J...I ADDRESS I DESCRIPTION: Property located on the north side of Indian River Road, 675 feet west of Bridle Path Lane SITE SIZE: 69,650 square feet 719,300 square feet 513,000 square feet Total: 28.11 acres COUNCIL ELECTION DISTRICT: 7- PRINCESS ANNE GPIN: 14838418030000 14838524790000 14839653950000 portion of SUMMARY OF REQUEST A Conditional Use Permit for a proposed church on a portion of the property was denied by City Council on September 26, 2006. The applicant has since met with staff to discuss revisions to the original plan. The revisions were incorporated into this new request for a Conditional Use Permit to develop a worship center and church campus for its congregation. The proposal is designed to be constructed in phases, with the final (third) phase projected in 10 to 12 years. . Phase I is the construction of a 30,000 square foot (SF) Education I Family Life Center. This building will serve as an interim worship center with capacity for 700 seats until the sanctuary is built. Once the sanctuary is completed, this building will be used as the Family Wellness center and not for church services. The building will also contain the administrative offices, a large lobby area and classrooms. Additionally, with this phase, 198 parking spaces will be provided and a stormwater management facility installed. . Phase II is an 11,700 SF addition to the Education I Family Life Center building for additional classrooms. HARVEST OUTREACH MINISTRIES, INC. Agenda Item 6 Page 1 Harvest Outreach Ministries, Inc. Page 3 of 3 parking lot along with the location of all pole mounted and building mounted lighting fixtures. All fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses or city streets. The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-off fixtures. Lighting shall be directed down at the ground and not horizontally or up in the air. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Plannin Commission recommends approval. Submitting Department/Agency: Planning Department CilyMana 1L- ,~~ ' i/I,"~i'~kl Harvest Outreach Ministries, Inc. Page 2 of 3 is completed, this building will be used as the Family Wellness center and not for church services. . Phase II is an 11,700 SF addition to the Education 1 Family Life Center building for additional classrooms. . Phase III is the construction of a 23,000 SF church sanctuary with the ability to provide capacity for 1,500 seats. The architectural style of the buildings is a simple modern design in a neutral palette of building material colors. The use of a textured split face block for the main body of the building is offset by the smooth horizontal metal accent at the roof line. A second horizontal accent band is located between the first floor ceiling line and the second floor. Metal panel ribs punctuate through the roof and the walls of the semi-circular lobby entrance area. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve this request with the following conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach, Virginia" Phases One, Two and Three prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach, Virginia", prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall strive for a minimum of 50 percent open space on the site. 4. The applicant shall maintain a minimum of 1 00 feet of landscaped buffering from Indian River Road. No parking is allowed in the buffered area. 5. The applicant shall install a 25 foot landscaped buffer along the property lies. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. Lighting plan is to include height of poles located within the ~1Oo,..... ,..l."G\",lA.6~ ~-'~l~t~, (Ol. --......~~.~ :~: i"f) (V" ...>>> \~E:~~ljJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Harvest Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located on the north side of Indian River Road, 675 feet west of Bridlepath Lane (GPINs 1483965395; 1483841803; 1483852479). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: March 25, 2008 . Background: A Conditional Use Permit for a proposed church on a portion of the property was denied by City Council on September 26, 2006. The applicant has since met with staff to discuss revisions to the original plan. The revisions were incorporated into this new request for a Conditional Use Permit to develop a worship center and church campus for its congregation. The Comprehensive Plan recognizes this site to be within the Transition Area I Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound, and desirable destination for people to live, learn, work and play. "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the northern urban area, but as a more limited type of growth, with its own development standards suitable to the character of the area where greater integration of natural resources and more open space is planned," (p.147). . Considerations: Since the denial of a Conditional Use Permit on September 26,2006, the applicant acquired additional property to allow for turn lanes and a reconfiguration of the site, creating a more cohesive site plan. The revisions further ensure that all of the parking and church activities are on one side of the future Indian River Road right-of-way; this was a concern of the City Council in 2006, as the plan at that time had facilities on one side and parking on the other. The proposed church is designed to be constructed in phases, with the final (third) phase projected in 10 to 12 years. . Phase I is the construction of a 30,000 square foot (SF) Education I Family Life Center. This building will serve as an interim worship center with capacity for 700 seats until the sanctuary is built. Once the sanctuary AC-"r ~fT 4J CUP for Church ".....1-.-, . It i - 48- Item V-K.3. PLANNING ITEM # 51089 (Continue These Ordmances shall be effectzve m accordance wuh SectIOn 107 (f) of the Zomng Ordznance Adopted by the Counczl of the Cuy of Vlrgzma Beach, Vlrgmza, on the Twenty-second of April, Two Thousand Three Votzng 7-2 CouncIl Members Votmg Aye Harry E Dzezel Margaret L Eure, Vice Mayor LoUIS R Jones, R,chard A Maddox, Ron A Vzllanueva, Rosemary Wilson and James L Wood Council Members Votzng Nay Reba S McClanan and Mayor Meyera E Oberndorf CounCil Members Absent JIm Reeve and Peter W Schmzdt Aprz122.2003 Map K-lO Mo' No't to Sc..le Value Place Real Estate AG-' LLC >75 dB Ldn A(H ~_,,_"'..,.I_.'_I....J r."..~ti'~~ ':-'1:1.~t~' ....0:-. ............~-,o., f...... ._, ~e€ ~~~ ~~i?~~~~!jJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Value Place Real Estate Services, L.L.C. for the Modification of Conditions for a request approved by City Council on April 22, 2003 (Glamour Corporation). Property is location on the south side of Dam Neck Road, approximately 2600 feet west of Corporate Landing Parkway (GPIN 2405945729). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: March 25, 2008 . Background: The Conditional Rezoning from AG-1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District was approved by the City Council on April 22, 2003. The applicant is requesting a modification to the portion of the property now zoned Conditional H-1 Hotel. The applicant desires a modification to the approved uses and development plans. The modification entails elimination of the previously proposed restaurant, reconfiguration of the site design, reduction of the height of the hotel from six stories to four stories, and reduction of the number of approved lodging units from 127 to 121. . Considerations: The previously approved and the proposed modified site development plans and elevations are provided at the end of the attached report. The Comprehensive Plan recognizes this site to be within Strategic Growth Area 10, South Oceana Area. The South Oceana area encompasses properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. The eastern region of this Strategic Growth Area is recommended for high quality, well-landscaped low to mid-rise office and corporate parks. The site is located within the Greater than 75 dB DNL AICUZ; hotels are not compatible uses within this AICUZ under Section 1804 of the City Zoning Ordinance. While a hotel does not meet the literal requirements of the Section 1804 (a) of the City Zoning Ordinance, as there are other potential uses of the site that are both AICUZ-compatible and reasonable, the applicant could by-right develop the site with the already approved 127 unit hotel, indoor pool, and restaurant. Even though the restaurant is compatible in this AICUZ, the elimination of the restaurant, six (6) lodging units, and the indoor pool represents a reduction in the intensity of uses on the site. This reduction furthers the purposes of the City's and Navy's AICUZ program. Thus, based on this finding Value Place Real Estate Services, L.L.C. Page 2 of 2 and a conclusion that the proposal is consistent with the recommendations of the Comprehensive Plan, approval of this application is recommended. The Planning Commission placed this item on the consent agenda because the reduction in intensity of the use of the property furthers the purposes of the City's and Navy's AICUZ program, the use is consistent with the Comprehensive Plan, and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager~ \L..~ 6Y"t.. _ 1 AN ORDINANCE APPROVING THE APPLICATION OF 2 VALUE PLACE REAL ESTATE SERVICES, LLC FOR A 3 MODIFICATION OF CONDITIONS OF A CONDITIONAL 4 CHANGE OF ZONING FROM AG-1 AGRICULTURAL 5 DISTRICT TO CONDITIONAL 0-1 OFFICE DISTRICT AND 6 CONDITIONAL H-1 HOTEL DISTRICT 7 8 9 10 WHEREAS, Value Place Real Estate Services, LLC (hereinafter the "Applicant") 11 has made application to the City Council for a modification of the conditions of a 12 conditional change of zoning district classification granted by the City Council on April 13 22, 2003 from AG-1 Agricultural District to Conditional 0-1 Office District and 14 Conditional H-1 Hotel District on 4.443 acres of property located on the south side of 15 Dam Neck Road, approximately 2,600 feet west of Corporate Landing Parkway, in the 16 Princess Anne District (hereinafter the "Property"); and 17 18 WHEREAS, the application seeks a modification of certain of the conditions of 19 the aforesaid change of zoning district classification so as to reduce the number of hotel 20 units on the Property from 127 to 121, eliminate a proposed restaurant, and reconfigure 21 the site; and 22 23 WHEREAS, the Property is located within the >75 dB DNL Noise Zone, in which 24 hotel units are deemed Not Compatible pursuant to Section 1804 of the City Zoning 25 Ordinance; and 26 27 WHEREAS, pursuant to Section 1804 of the City Zoning Ordinance, it is the 28 policy of the City Council that no application for a change of zoning of property for a use 29 deemed Not Compatible within the >75 dB DNL Noise Zone shall be approved unless 30 the City Council finds that no reasonable use designated as Compatible under Section 31 1804 can be made of the property and that, in such cases, the City Council shall 32 approve the proposed use of property at the lowest density or intensity of development 33 that is reasonable; and 34 35 WHEREAS, in accordance with Section 1807 of the City Zoning Ordinance, the 36 City Council is not required to approve any application solely because it meets the 37 aforesaid requirements, but rather the City Council shall be entitled to exercise its 38 authority in such applications to the fullest extent allowed by law; 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 1. That the City Council hereby finds that although the proposed 44 development contemplates the construction of 121 hotel units, which are deemed Not 45 Compatible in the >75 dB DNL Noise Zone, the denial of this application would allow the 46 Applicant to construct a greater number of hotel units on the Property in accordance 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 with the conditional change of zoning approved on April 22, 2003, prior to the date of adoption of Section 1804 of the City Zoning Ordinance, and would therefore result in a higher degree of incompatibility with naval operations arising out of Naval Air Station Oceana; 2. That the overall purposes of the City and Navy's Air Installations Compatible Use Zones (AICUZ) Program would be advanced by the reduction in the total number of hotel units allowed on the site; and 3. That the elimination of the proposed restaurant and other modifications of the proposed development will have no impact upon the City and Navy's AICUZ Program. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the application is hereby approved, subject to the terms and conditions set forth in the Amendment to Proffered Covenants, Restrictions and Conditions dated December 3, 2007, which Amendment was exhibited to the City Council this date. Adopted by the City Council of the City of Virginia Beach on the ,2008. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ 1t()40!A~ City Attorney's Office CA-1 0636 R-1 March 13, 2008 2 Map K-IO Value Place Real Estate Services LLC VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 February 13, 2008 Public Hearing Staff Planner: Faith Christie AG-' >75 dB Ldn AGo' I-li 121 \ AGo' REQUEST: Modification of Proffers from the Conditional Change of Zoning from AG-1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District, granted by the City Council on April 22, 2003. -... ADDRESS I DESCRIPTION: Property is located on the south side of Dam Neck Road, approximately 2,600 feet west of Corporate Landing Parkway GPIN: 24059457290000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 4.443 acres SUMMARY OF REQUEST The Conditional Rezoning from AG-1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District was approved by the City Council on April 22, 2003, The applicant is requesting a modification to the portion of the property now zoned Conditional H-1 Hotel. The applicant desires a modification to the approved uses and development plans. The modification entails elimination of the previously proposed restaurant, reconfiguration of the site design, reduction of the height of the hotel from six stories to four stories. and reduction of the number of approved lodging units from 127 to 121. The 2003 proffers applicable to the H-1 Hotel portion of the property are as follows: 1, When the Property is developed, it will be substantially in accordance with the "Conceptual Site Layout Plan of Dam Neck Hotel, Dam Neck Road, Virginia Beach, VA.", dated 12/31/02 and prepared by MSA, P.C., which plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department (the "Site Plan"). 2. When the Hotel is constructed, the exterior design, material and colors will substantially adhere to the elevations shown on the exhibit entitled "Comfort Suites Dam Neck" prepared by Sampson & VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 1 Associates Architects, P.C. dated 01/31/2003, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department (the "Elevations"). 3. When the restaurant is constructed, the exterior design, materials and colors will substantially adhere to the Elevations. 4. When the Property is developed, the party of the first part shall use Best Management Practices for controlling storm water runoff, which are reasonably applicable to the development of the site and in keeping with the recommendations of the Southern Watershed Management Ordinance. 5. When the Property is developed, the party of the first part shall submit a detailed tree protection plan at the time of site plan submittal. 6. Continuous evergreen and/or low berm screening shall be provided within the 40 foot Landscape Buffer along the Property's frontage on Dam Neck Road as depicted on the Site Plan. Berms and landscape screening shall be employed to screen any loading areas. Exterior storage will not be permitted, 7. The use of fencing on the Property, other than for required screening of trash or equipment, is not perm itted. 8. Lighting shall adhere to the design criteria currently on file with the City Clerk, for commercial areas within the adjacent Corporate Landing Development. 9. Free-standing signage shall be of a monument style and externally illuminated with lighting positioned at ground level and designed to avoid glare onto adjacent properties. 10. Exterior building material shall primarily be either glass, stone, stone faced block, pre-cast concrete, brick or stucco. The exterior surfaces shall be in an earth tone color with any trademark colors limited to accents and signage. 11. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the H- 1 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. All of these proffers are being modified, except 5, 7, and 11. SITE PLAN COMPARISON: Previously approved: 127-unit hotel, indoor pool, and 6,270 square foot restaurant. The proposed hotel portion of the building is positioned perpendicular to Dam Neck Road with the indoor pool and restaurant parallel to the roadway. Parking and landscaping is depicted along all four sides of the buildings, Access to the site is via entrances from Dam Neck Road and Perimeter Parkway. Proposed modified site plan: 121-unit hotel, parking, and landscaping. The proposed development is positioned on the northern side of the property, parallel to Dam Neck Road, and occupying a little less than half of the site. Access remains as depicted on the approved plans. The rear half of the site will remain undeveloped. Any future proposal to develop that half of the site will require an additional modification of the proffers through Planning Commission and City Council. VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 2 BUILDING ELEVATION COMPARISON: Previouslv approved buildinq elevation: Six-story hotel and a one-story indoor pool and restaurant building, designed to complement the existing buildings in the Corporate Landing Business Park. The proposed building materials are brick with pre-cast concrete accents. Proposed modified buildinq elevation: Four-story hotel of a simple traditional design using brick in two complementary colors with mullioned windows. The building is topped with a gable end asphalt composition shingled roof. The previously approved and the proposed modified site development plans and elevations are provided at the end of this report for comparison. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped SURROUNDING LAND USE AND ZONING: North: . Dam Neck Road . Across Dam Neck Road is undeveloped property / AG-1 Agricultural . Undeveloped portion of the site / Conditional 0-1 Office . Undeveloped property / AG-1 Agricultural . Undeveloped property / Conditional B-2 Business South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is wooded and is within the Southern Watersheds Management Ordinance area. There does not appear to be any environmentally sensitive features on the site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn surrounding NAS Oceana. On January 10, 2008, the Memorandum of Understanding (MOU) Committee met and reviewed the request. The 2003 approval allows the applicant to construct a hotel with a maximum of 127 units, compared to a maximum of 121 units under the current proposal. Thus. there would be a reduction of six (6) units in the maximum number of allowed hotel units, resulting in a small decrease in the proposed overall degree of incompatibility of the development on the site. Because restaurants are deemed Compatible under Section 1804, the elimination of the restaurant is of no consequence in respect to AICUZ. Section 1804 (a) of the City Zoning Ordinance states, in pertinent part, that no discretionary development application seeking any use deemed Not Compatible under Section 1804 of the City Zoning Ordinance may VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 3 be approved unless the City Council finds that no reasonable use designated as Compatible can be made of the property. The Committee determined that the current application does not meet the literal requirements of the ordinance, inasmuch as there are other potential uses of the site that are both Compatible and reasonable. However, the Committee found that the overall purposes of the City's and Navy's AICUZ program would be advanced by the reduction in the total number of hotel units allowed on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): This portion of Dam Neck Road is a four-lane, major arterial. The Master Transportation Plan indicates a future right-of-way width of 155 feet containing a divided highway with bike path, controlled access, and scenic buffer. Perimeter Parkway, along the rear of the site, is a minor arterial road that serves Corporate Landing Industrial Park. There are no Capital Improvement Program projects scheduled for either roadway. Only one entrance is allowed along Dam Neck Road for Parcels A, B-2 and B; therefore, the 30-foot ingress/egress easement for the future benefit of Parcel B (inst. #200405030068169) and the cross- reciprocal access easement (inst. #200405030068169) are required to remain for the benefit of Parcel B. The Southeastern Parkway exit ramp is within 1,500 feet of the proposed entrance. The entrance will not be signalized; therefore, if or when the Southeastern Parkway is built, left turns out of the subject site will be restricted, TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Dam Neck Road 25,200 ADT 39,700 ADT Existing Land Use 7_ 1,181 Peak Hour 2,070 Peak Hour 2,588 ADT (161 peak hour) Proposed Land Use 3 - 991 ADT (48 peak hour) Average Dally Tnps 2 as defined by previously approved 127 room hotel, 6,270 square foot restaurant, and 4,000 square foot bank 3as defined by 121 room hotel WATER: A twelve-inch water main is located in Perimeter Parkway, on the south side of the site, and a twenty-inch water main is located in Dam Neck Road on the north side of the site. The development must connect to City water. SEWER: A ten-inch sanitary sewer main is located in Perimeter Parkway on the south side of the site. In Dam Neck Road, on the north side of the site, a twelve-inch sanitary sewer main and a forty-two inch force main are VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 4 , ,II located. The development must connect to City sewer. The applicant must provide a pump station analysis and sewer study to determine if sewer and pump station capacity are available to serve the proposed development. SCHOOLS: School populations are not affected by the request. POLICE: As a matter of public safety, the applicant is directed to incorporate crime prevention techniques and Crime Prevention Through Environmental Design concepts and strategies as they pertain to this use. As a matter of public safety, the developer/owner must provide a photometric (lighting) plan for review by the Police Department or appropriate City staff. It is recommended that all lighting on the site be consistent with those standards recommended by the Illumination Engineering Society of North America. To avoid a design conflict between lighting and landscaping, landscape species selection, its location, and its projected growth are important to consider as it pertains to the desired lighting effect. Where lighting fixtures are installed along streets, in parking areas, or on the building, all fixtures should be of appropriate height and design and appropriately angled to prevent any direct reflection or disability glare (a form of glare that causes reduced visibility and visual performance) toward adjacent uses and City streets, Lighting must be directed/deflected down at the ground, and not out horizontally or up in the air. Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within Strategic Growth Area 10, South Oceana Area. The South Oceana area encompasses properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. The eastern region of this Strategic Growth Area is recommended for high quality, well-landscaped low to mid-rise office and corporate parks. Evaluation: The request to modify the existing proffer agreement, site development plans, and building elevations is acceptable. While the proposed use does not meet the literal requirements of the Section 1804 (a) of the City Zoning ordinance, as there are other potential uses of the site that are both AICUZ-compatible and reasonable, the applicant could by-right develop the site with a 127 unit hotel, indoor pool, and restaurant, as approved in April 2003. Even though the restaurant is compatible in this AICUZ, Staff views the elimination of the restaurant, six (6) lodging units, and the indoor pool as a reduction in the intensity of uses on the site. This reduction furthers the purposes of the City's and Navy's AICUZ program. Thus, based on this finding and a conclusion that the proposal is consistent with the recommendations of the Comprehensive Plan, approval of this application is recommended. 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," VALUE PLACE REAL ESTATE SERVICES, LLC. Agenda Item 5 Page 5 (~1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning, PROFFER 1: With respect to the existing Proffered Covenants, Restrictions and Conditions ("Proffers") set forth in an Agreement by and between Glamour Corporation, a Virginia corporation, and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, dated February 10, 2003 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia as Instrument Number 200308260134262 on August 26, 2003, Proffers 1, 2,3,4,6,8,9 and 10, as set forth in page 2 through 3 of the Agreement are terminated and the remaining Proffers as forth in the Agreement shall remain. PROFFER 2: When the Property is developed, it will be developed substantially in accordance with the site plan titled, Value Place Hotel 121 Unit, prepared by Burgess & Niple, dated August 8, 2007 (Site Plan) which has been exhibited to the City of Virginia Beach City Council ("City Council") and is on file with the City of Virginia Beach Department of Planning. The four-story hotel facility will not exceed sixty-five (65) feet in height. PROFFER 3: The architectural design elements will substantially adhere to the elevations as shown on the building elevation rendering prepared by Howard & Helmer which has been exhibited to the City of Virginia Beach City Council ("City Council") and is on file with the City of Virginia Beach Department of Planning. The hotel facility will be constructed with contrasting brick fa9ade composed of Nichiha Brick on all four sides of the building. The rear elevation shall be similar to the front elevation and includes an entrance with a canopy. The side elevations shall include single door secured entrances, Materials are depicted on the Materials Board prepared by Howard & Helmer and is on file with the Virginia Beach Planning Department. Elevations and materials will be subject to review and approval by Director of Planning. PROFFER 4: A forty foot (40') landscape buffer ("Landscape Buffer") exists along Dam Neck Road frontage of the hotel site as shown on the AL TA/ASCM Land Title Survey of Parcel B-2 Subdivision of Parcel B, GPIN:2405-94- 5638, Subdivision of a Portion of the Taylor Farms (MB 257, PG 4, Virginia Beach, Virginia' prepared by Burgess & Niple, dated November 30, 2007 ("Survey") which has been exhibited to the City of Virginia Beach City Council ("City Council") and is on file with the City of Virginia Beach Department of Planning. The Landscape Buffer will be developed substantially in accordance with the Site Plan. The Applicant will preserve all existing trees over fourteen inches (14") in diameter in the Landscape Buffer. Berms and landscape screening will be employed to screen loading areas. All green area will be landscaped and maintained on a regular basis. The existing trees in the area to be developed that become diseased or die will be replaced with healthy trees, subject to review and approval by the Director of Planning. STAFF COMMENTS: The proffers listed above are acceptable as they insure that the site will be developed in accordance with the submitted site plan and elevation. The submitted site plan depicts a coordinated development of the site in terms of design, parking layout, and traffic control and circulation within the site. The proffered elevation depicts quality building materials complementary to existing buildings in the Corporate Landing Business Park. The City Attorney's Office has reviewed the proffer agreement dated December 3, 2007, and found it to be legally sufficient and in acceptable legal form. VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 6 I II 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. VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 7 , , ~l!l j" i,l ~ E~2 ....~~ ~/~1/ ~~. !~~ ." ~ .. ~~:.",,~ N( .." .J;.;';;:'--'- 't"'~"~::.~::.:.:~:,.,,~" )..... , ~..r - :::......;;-.::-:.....\......IG'.,'\\ ,~,_......_......- _ -.~,..'- ?r >:-~7-~ ~l"'..-t,};~ -' \1 ~",.,- \ ~). '.- .' ",. '" ~ i~ \1 I ':~"",,,;;i(;~:;;'~;.~ .,j/l:.' '-;' -'-\.e.'.'-- . S ~~ i i -"'~';"":l' " ...z :f~"~ .. .:.(~...:,,-: .;<..... ; ~i i' '-4~c.:o:~J~~'>_____'''~~;-'t- ~__~,~~,'?,. //~~": ~, : :: a: : .._,,;-,--,--- .., '. -. '. '-' -).J::~''l.~r.. ( .!1~. ~~:~~~ '.I~' ~ ~'~~~_;_" ;.',..~:._i ~;;~.i ~,~.~~.;_. ;i~_ ;1;:. ~~. .,.......J- .,.'1. ~~~_-. ~::~~;: _.. .. ~CtCOn'~flI;O,.,. ~_____'QI&tC.,..._~... n.- .. tIS38lInlI ill NY1d 3dY:lSOllY1 M1~3lId lJNn J.~J. '3~OH 3:lV1d 3nW^ .. .. .---.--- ---. .-. ---. ----. -_...._.~ ---- .---- ~_.. -.,..-.- ------,. ----~~-'---._-,-- VAlI-l N!;n... KCJ.:>.J) ..:":.. ~l.i.: "'''' u ;~ ;~ ~~:E - .I' ~ ~'l_ i: ~ ~~ :;.,.... ~l~ ~. ~ ~: ~ ~ ~ o ~ :. 0> ~~ s~ ;!~ =2 "'l\5 ~; :: _::Sf.:: .....6 ~g! :;i~ :!~~ ~~ ~ s~~;::is ~_Ne~~ ~~~~d .., ,,' ....,.' ,.. ,'." .~, '.... ......r.~.. ,,, ;......., ." ..v ~ ,.,.,..,."..... ~0~ ~ III io ~~ ~ :~ o - ]Ir --- i;;'-~ . , ,'~ - -...... . . -....-~.;.~;:..,-,......~-.~. i ! . ; .. ~"ol tCIllC/D[/ll ;mwrw _..... .... ~ D:1IIChcIII -...-~__~'" PROPOSED SITE PLAN VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 8 i ,II ') 'j~~;<,{ Pan<;r:1t: $Uf"'!'lff"'~;lf.: ""...~~ PREVIOUSLY APPROVED SITE PLAN VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 9 z~: ~~ ~ -.. ........ - !~~~~;x::.c"r..$" ~..,.- > PROPOSED BUILDING ELEVATION VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 10 I II @ @ m :; -,,, t PREVIOUSLY APPROVED BUILDING ELEVATION VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 11 Map K-lO Ma' Not to Scale Value Place Real Estate Services LLC An-, >75dBLdn Aa-, 4 1-1 (2) AG-I 1\.1odificaUon of Conditions 1. 4/22/03 Rezoning (AG-1 Agricultural to Conditional H-1 Hotel and Approved 0-1 Office) 2. 10/29/96 Rezoning (AG-1 Agricultural to Conditional B-2 Business) Approved and Conditional Use Permit (Recreational use of an indoor nature) 3. 6/13/88 Rezoning (AG-1 Agricultural to Conditional 1-1 Industrial) Approved 9/17/91 Reconsideration of Conditions Approved 4. 6/13/88 Rezoning (AG-1 Agricultural to Conditional 1-1 Industrial) Approved 6/25/96 Modification of Conditions Approved ZONING HISTORY VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 12 z o I I !< c ~ I I ~ ~ ea ~ z o I I F-t I I Q Z o c ~ ~ o Z o I I Id c ~ I I ~ I I Q o =s --- .- DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Value Place Real Estate Services, LLC (See attached sheet for a list of members) 2. List all businesses that have a parent-subsidiary1 or affiliated business entit/ relationship with the applicant: (Attach list if necessary) See attached sheet. o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Glamour Corporation. a Virginia corporation; Kishor M. Barot. President; Ashvin K. Barot, Secretary; Dr. Amrutlal J. Barot, Director 2. List all businesses that have a parent-subsidiary 1 or affiliated business entit/ relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No ~ If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 ReVised 7/3/07 DISCLOSURE STATEMENT VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 13 II DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessarY) Burgess & Niple. Howard & Helmer Architects, P.A., First American Title Insurance Corporation and . LeClair Ryan "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101 CERTIFICA TION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for publiC heanng. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application 1'- /~'YL -t€. ~~ n ~ ApPilca~t's Signature I ~ ~//. \..__/ L .\..-.., I-"'~" , /K.L~~ ~1, '-" '. IJ ~''-: .' i :" ('S'T Property Owner's Signature (If diff~rent than applicant) Stephen R Romine, Agent Print Name Glamour Corporation/Kishor M. Bar a Print Name Modification of Conditions Application Page 11 of 11 Revised 713/2007 Z <:> I . r~ c ~ I . . , ,..... ~ ~ Z <:> I . F--c I . Q Z C~~ C ~ r "T' . <:> Z <:> I I rd c: ~ I . r"T' I I I Q <:> ~ DISCLOSURE STATEMENT VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 14 III VALUE PLACE LLC Officers for Value Place Real Estate Services L.L.c. Member: Value Place L.L.c. Chairman: Jack P. DeBoer CEO: Greg Kossover President: David Redfern CFO and Secretal1': Randy Shaffer Assistant Secretary: Bill Wagner Assistant Secretal1': Todd Richardson Assistant Secretary: Kevin Jantzen Senior Vice-President: Senior Vice-President: Douglas G. Rupe Phil White S!<~ 1 ~:. .2 1": St;\:~~;\; Suit..' 2"(j . \\:a:hltJ.I\:Cl'''''' I,;~O(, "I(,-(,31.13-U(I'I' 31(,-('31-13.'3'.J! LOW COST . CLL\:'i . SAFE . SI\IJ>LE DISCLOSURE STATEMENT VALUE PLACE REAL ESTATE SERVICES, L.L.C. Agenda Item 5 Page 15 Item #5 Value Place Real Estate Services, L.L.c. Modification of Conditions South side of Dam Neck Road District 7 Princess Anne February 13, 2008 CONSENT Joseph Strange: The next matter is agenda item 5, Value Place Real Estate Services, L.L.c. An application of Value Place Real Estate Services, L.L.C. for the Modification of Conditions for a request approved by City Council on April 22, 2003. The property is located on the south side of Dam Neck Road, approximately 2600 feet of west of Corporate Landing Parkway, District 7, Princess Anne. Janice Anderson: Welcome Mr. Romine. Steve Romine: Good afternoon Madame Chair and members of the Planning Commission. I represent Value Place Real Estate. My name is Steve Romine, I'm a local attorney. We appreciate being on the consent agenda as well, and the proffers as set for in the report are acceptable to the applicant. I'll standby for questions. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? Janice Anderson: I believe the Secretary said there someone here, Bill Hunter that had questions on this application. Mr. Hunter? Bill Hunter: No. Actually, I represent Value Place Corporate. Janice Anderson: Okay. I'm sorry. Thank you. Joseph Strange: The Chairman has asked Barry Knight to review this item. Barry Knight: This agenda item 5, Value Place Real Estate Services, L.L.c. was approved in April 22, 2003. They have come back in for a modification of proffers. It looks like it is almost a down zoning to a certain extent, voluntary on their part. They want to eliminate the previously proposed restaurant. They want a reduction in height from six (6) stories to four (4) stories and a reduction in a number approved lodging units from 127 to 121. It was passed by Planning Commission and City Council in 2003. They're asking for a reduction, we think it is a proper agenda item to be placed on the consent agenda. Therefore, we have done that. Joseph Strange: Thank you Barry. Madame Chair, I have a motion to approve agenda item 5. II Item #5 Value Place Real Estate Services, L.L.c. Page 2 Janice Anderson: Do I have a second? Donald Horsley: Second. Janice Anderson: We have a second by Mr. Horsley. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By vote of 11-0, the Board has approved item 5 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6980 DATE: Ma~h14,2008 TO: FROM: Leslie L. UlleyDiI. ~ ) B. Kay Wilson~V'-/ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Value Place Real Estate Services, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 2008. I have reviewed the subject proffer agreement, dated December 3,2007 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/kaa Enclosure cc: Kathleen Hassen " I ,I GLAMOUR CORPORATION, a Virginia Corporation TO (AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia. THIS FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ("Amendment") made this 3rd day of December 2007, by and between GLAMOUR CORPORATION, a Virginia corporation, its successors in interest or title and its assigns, ("Owner" and "Grantor") (Grantor for indexing purposes), VALUE PLACE REAL ESTATE SERVICES. LLC, its successors in interest or title and its assigns, ("Applicant" and "Grantor") (Grantor for indexing purposes), (Glamour Corporation, a Virginia corporation and Value Place Real Estate Services, LLC hereinafter are collectively referred to as "Grantors") and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee") (Grantee for indexing purposes), provides and states as follows: WITNESSETH: WHEREAS, Owner is the owner of a parcel of real property located in the City of Virginia Beach, Virginia, containing 4.44 acres of land commonly referred to as Dam Neck Road, Virginia Beach, Virginia, GPIN NO: 2405-94-5729 (formerly GPIN 2405-94-5638), more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property") ; WHEREAS, on February 21, 2003 Owner executed an Agreement of Proffered Covenants, Restrictions and Conditions, dated February 10, 2003, and recorded August 26,2003 as Instrument Number 200308260134262 in the Clerk's Office of the City of Virginia Beach, Virginia (the "Agreement"); and WHEREAS, Grantors and Grantee desire to amend the Proffered Conditions as herein provided in order to allow for the design and development of the Property in accordance with a new conceptual site plan and building elevation. NOW, THEREFORE, the Grantors, its successors, assigns, grantees and other successors in title or interest, voluntarily and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amendment to the Proffered Conditions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this First Amendment shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, its successors, assigns, grantees and other successors in interest or title: GPIN: 2405-94-5729 (formerly GPIN 2405-94-5638) Prepared by: LeClair Ryan, A Professional Corporation 999 Waterside Drive, Suite 2525 Norfolk, Virginia 23510 1. With respect to the eXIstmg Proffered Covenants, Restrictions and Conditions ("Proffers") set forth in an Agreement by and between Glamour Corporation, a Virginia corporation, and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, dated February 10, 2003 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia as Instrument Number 200308260134262 on August 26, 2003, Proffers 1,2,3,4,6, 8,9 and 10, as set forth in page 2 through 3 of the Agreement are terminated and the remaining Proffers as set forth in the Agreement shall remain. 2. When the Property is developed, it will be developed substantially in accordance with the site plan titled, Value Place Hotel 121 Unit, prepared by Burgess & Niple, dated August 8, 2007 ("Site Plan") which have been exhibited to the Virginia Beach City Council ("City Council") and is on file with the City of Virginia Beach Department of Planning. The four-story hotel facility will not exceed sixty-five (65) feet in height. 3. The architectural design elements will substantially adhere to the elevations as shown on the building elevation rendering prepared by Howard & Helmer which have been exhibited to the City Council and is on file with the City of Virginia Beach Department of Planning. The hotel facility will be constructed with contrasting brick fa9ade composed of Nichiha Brick on all four sides of the building. The rear elevation shall be similar to the front elevation and includes an entrance with a canopy. The side elevations shall include single door secured entrances. Materials are depicted on the Materials Board prepared by Howard & Helmer which have been exhibited to the City Council and is on file with the Virginia Beach Planning Department. Elevations and materials will be subject to review and approval by Director of Planning. 4. A forty foot (40') landscape buffer ("Landscape Buffer") exists along the Dam Neck Road frontage of the hotel site as shown on the AL T N ASCM Land Title Survey of Parcel B-2 Subdivision of Parcel B, GPIN:2405-94-5638, Subdivision of a Portion of the Taylor Farms (MB 257, PG 4,) Virginia Beach, Virginia' prepared by Burgess & Niple, dated November 30, 2007 ("Survey") which has been exhibited to the City Council and is on file with the City of Virginia Beach Department of Planning. The Landscape Buffer will be developed substantially in accordance with the Site Plan. The Applicant will preserve all existing trees over fourteen inches (14") in diameter in the Landscape Buffer. Berms and landscape screening will be employed to screen any loading areas. All green areas will be landscaped and maintained on a regular basis. The existing trees in the area to be developed that become diseased or die will be replaced with healthy trees, subject to review and approval by the Director of Planning. 3927609-3 III Grantors further covenant and agree that: The above amendment having been proffered by Grantors and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance shall continue in full force and effect until a subsequent amendment changes and zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantors covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of Grantors and Grantee, 3927609-3 WITNESS the following signature and seal: GRANTOR: GLAMOUR CORPORA nON, a Virginia corporation By: /~~ Name: Kishor'M. Barot Title: President (SEAL) COMMONWEAL TH OF XIRGINIA CITY OF \J ~ ~~'I,^-\u.. ~~\.\, to wit: The foregoing instrument was acknowledge before me this 3rd day of December, 2007 by Kishor M. Barot, as President of GLAMOUR CORPORATION, a Virginia corporation, on behalf of the corporation. ,AJ-OPJih Notary Public My Commission Expires: J' c... "', ~'J Z o~ ~~. ID#: \ C\ ~ 2. 1 2- ........,.~ S ~ ............. /.~t:br::~......~~;~...... I ~/.. ~~\~ \ :I : 01-31-09 0 ; ~ !I . . t. \ \. 1:};2 'TI.J J "1o........~~IN\!'~..../ ~ l: ~ ~ .... ..... 'f?) V ~~u 4. " I 'I GRANTOR: VALUE PLACE REAL ESTATE SERVICES, LLC BY:\:)t-i~t- N tJY1-- (SEAL) Name~~ L ",hk5. C; Title: tl'lex' ~N'~-.~+ - r:e(/~ IOfW.ewt ~"'oI':~5 STATE OF KctnSAS COUNTY/Cff-Y OF 5ed5w I cl:... , to wit: .tJ... The foregoing instrument was acknowledge before me this 3D-day of November 2007, by 1Su.-+c.h rVLl~S. , as VIce.. ?re.s~evJ- of VALUE PLACE REAL ESTATE SERVICES, LLC, on behalf of said corporation. M. My Commission Expires: J 2-/12-//0 Notary ID#: A. GAYLA M. RAPP ... NlItary PublIc . S1II8 or Kansas My Appt. ExpIrea /2. /2. / D EXHIBIT A PROPERTY DESCRIPTION All of those lots or parcels of land located in the City of Virginia Beach, Virginia and more particularly described as folloV'ls: ALL THAT certain lot, piece or parcel of Iandt with the buildings and improvements thereon, situate,lying and being in the City of Virginia Beach, Virginia, being knovm, numbered and designated as Parcel B-2, 4.443 Acres, as sho'Jm on that certain plat entitled, "5UBDMSION OF A PARCEL B, SUBDIVISION OF A PORTION OF THE TAYLOR FARt..1S, VIRGINIA BEACH, VIRGINIA", dated September 13, 2003, prepared by f~1SA, P.c., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in f,'lap Book 257, pages 4 and 5. 6. - 45 - Item VI-J. 7. PLANNING ITEM # 52888 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, Ordinance upon application of ALCAR, LLC for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF ALCAR, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-i2 ANDR-5D TOCONDillONALA-18Z08041I94 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ALCAR, L.L. C. for a Chanf!e of Zoning District Classification from A-I2 Apartment District and R-5D Residential Duplex District to Conditional A -18 Apartment District on property located On the south side of Bonney Road, approximately 100 feet west of Wind brooke Lane (GPINS 14679001960000; -12750000; -22650000). The Comprehensive Plan designates this site as beingpart of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th of August, lWo Thousand Four A..~.~+ 1 () ,?{)flA - 46- Item VI-J. 7. PLANNING ITEM # 52888 (Continued) Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel. Robert M. Dyer, Richard A. Maddox, Mayor Meyera E. Obemdorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: None Council Lady Wilson DISCLOSED that previously ALCAR, L.L. C. was a client of Goodman and Company, her husband's accountingfirm. Goodman and Company no longer provides services to ALCAR, 1.1.C Vice Mayor Jones DISCLOSED and ABSTAINED re Item 1. 7. (ALCAR, L.L C.), as he has an ownership interest in Resource Bank, which exceeds three percent of its total equity. ALCAR, 1.1. C. has a business relationship with Resource Bank. Au"..,..; 1/l ,)/l/lA ,..~~~ .-~~~.~?;, (~,~{' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of BQI Group, Inc. for a Modification of Proffers of a Change of Zoning approved by City Council on August 10, 2004 (ALCAR, L.L.C.). Property is located on the south side of Bonney Road, approximately 120 feet west of Windbrooke Lane (GPIN 1467901254). DISTRICT 2 - KEMPSVILLE MEETING DATE: March 25, 2008 . Background: A Conditional Rezoning from R-5D Residential District and A~12 Apartment District to Conditional A-18 Apartment District was approved by the City Council on August 10, 2004. The plan proffered with that rezoning consisted of 48 townhomes in a condominium form of ownership, at a density of 8.7 units per acre. Since the townhomes are in a condominium form of ownership rather than each town home being on a separate lot, the use under the Zoning Ordinance is considered to be multi-family dwelling rather than attached dwelling. Nineteen of the units approved in 2004 have been built; however, due to the downturn in the housing market, the applicant is requesting that the original proffers be modified to permit a smaller dwelling unit and to increase the number of dwelling units by nine, for a total of 57. . Considerations: The existing 19 developed units are 24 and 34-foot wide, include garages, and are on the market for $249,000 to $289,000. They contain between 1,800 and 2,300 square feet while the proffered minimum dwelling size is actually 1,600 square feet. The new units proposed by the applicant will have a floor area between 1,600 and 1,680 square feet, which will allow for a 20-foot wide unit without a garage. These units will range in price from $238,000 to $243,000. The applicant claims that this change will enable them "to pick up additional units which in turn helps to dilute the land and development cost, which translates to a substantially lower price." Proffer 6 of the 2004 zoning change limits the number of dwellings to 48 and Proffer 7 dictates the exterior elevations. In order for the applicant to construct the additional units as desired, a modification of the 2004 proffers is required. The applicant is pleased with the existing units already built on the property, but requests the modification because the townhomes are not selling in the existing real estate market. According to the applicant, this is primarily due to the price sal Group, Inc. Page 2 of 2 point, which is directly related to the floor area size of the units and the inclusion of a garage. The proposed two-story townhome elevation, proposed to replace the original two-story townhome elevation with a garage, is architecturally compatible with the original proposal; however, the elimination of the garage and a reduction in the floor area of the units will allow the applicant to introduce a lower price point. The additional nine (9) units will not reduce the degree of compatibility of the project with the surrounding A-12 Apartment District, R-5D Residential District, and Conditional B-2 Community Business District zonings. There are single- family dwellings across Bonney Road, but both the original and the currently proposed site configuration and layout depict the closest dwelling to Bonney Road at approximately 75 feet. This does not change with this proposal. The proposed density of 10.71 units per acre is still well below the typical 18 units per acre afforded other parcels zoned A-18 Apartment District (the reason for use of the A-18 zoning category is that the proposed lot coverage of the development exceeds the maximum of 40 percent permitted in the A-12 District) . Recommendations: The Planning Commission voted 5-6 on a motion to approve the application; thus, the request stood as denied. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting DepartmentJAgencY:1Planning Department z.?r,o ,. City Manager: G ' ~ \J)'Y?1". BQI GROUP, INC. Agenda Item 7 March 12, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of Proffers from the Conditional Change of Zoning from R-5D and A-12 to Conditional A-18 granted by the City Council on August 10, 2004. ADDRESS I DESCRIPTION: Property located on the south side of Bonney Road, approximately 100 feet west of Windbrooke Lane GPIN: 14679012540000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 5.23 acres SUMMARY OF REQUEST The Conditional Rezoning from R-5D Residential District and A-12 Apartment District to Conditional A-18 Apartment District was approved by the City Council on August 10, 2004. The application consisted of 48 townhomes in a condominium form of ownership, at a density of 8.7 units per acre. Since the townhomes are in a condominium form of ownership rather than each townhome being on a separate lot, the use under the Zoning Ordinance is considered to be multi-family dwelling rather than attached dwelling. Due to the 40 percent lot coverage requirement for the A-12 Apartment District for multi-family dwellings, the 2004 request was for A-18 rather than A-12 since the A-18 District permits greater lot coverage (50 percent). Part of the need for additional coverage on the site was the desire of the applicant to include additional parking spaces, above the minimum required by the Zoning Ordinance, in an effort to accommodate guest and overflow parking needs. The proffered townhouse elevations depicted a superior design with high quality building materials such as Hardiplank@ (cement fiber board) and earth-tone brick. Nineteen of the units approved in 2004 have been built; however, due to the downturn in the housing market, the applicant is requesting that the original proffers be modified to permit a smaller dwelling unit and to increase the number of dwelling units by nine, for a total of 57. The existing 19 developed units are 24 and 34-foot wide, include garages, and are on the market for $249,000 to $289,000. They contain between 1,800 and 2,300 square feet while the proffered minimum dwelling size is actually 1,600 square feet. The revised units will have a floor area between 1,600 and 1,680 square feet, which will allow for a 20-foot wide unit without a garage. These units will range in price from $238,000 to $243,000. The applicant claims that this change will enable SOl GROUP, INC. Agenda Item 7 Page 1 them "to pick up additional units which in turn helps to dilute the land and development cost, which translates to a substantially lower price." Proffer 6 of the 2004 zoning change limits the number of dwellings to 48 and Proffer 7 dictates the exterior elevations, In order for the applicant to construct the additional units as desired, a modification is required. The requested modification would permit up to 57 units and allow a change to the exterior of the units (primarily the absence of a garage). The high quality, exterior building materials as originally proffered will remain as such. The 2004 Conditional Rezoning has proffers: PROFFER # 1 When the Property is developed, the "BONNEY'S QUAY REZONING EXHIBIT," dated May 20,2004 ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, landscaping, tree planting, building location, building orientation, driveway width and stormwater management facilities to better foster a sense of community. PROFFER # 2 When the Property is developed, the party of the first part shall dedicate approximately 0.05 acres of Property to the Grantee for future widening of the Bonney Road right-of-way, as depicted on the Concept Plan. PROFFER # 3 When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from Bonney Road. There shall be no vehicular access from Stonehall Court. PROFFER # 4 When the Property is developed, all landscaping shall be as depicted and described on the "Bonney's Quay Landscape Plan", dated 5/24/04, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, PROFFER # 5 When the Property is developed, a landscaped entrance feature shall be constructed with a monument style sign externally illuminated from ground level. PROFFER # 6 The total number of dwelling units permitted to be constructed on the property shall not exceed forty-eight (48). Each dwelling unit shall be two stories in height, contain a minimum of 1,600 square feet of living area and contain either two (2) or three (3) bedrooms. PROFFER # 7 The architectural design of the residential buildings, the entrance sign and fence along Bonney Road will be substantially as depicted on the exhibit entitled "PROPOSED FRONT ELEVATIONS - BONNEY'S QUAY," dated January 30,2004, and prepared by Reich design associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). The primary exterior building materials shall be bric.k and hardi-plank siding, and the colors used may vary from those on the exhibits but will be earth tones. sal GROUP, INC. Agenda Item 7 Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Townhouse condominium development (under construction) SURROUNDING LAND USE AND ZONING: North: . Bonney Road, single-family dwellings / R-5D Residential District . Townhouses / A-12 Apartment District . Townhouses / A-12 Apartment District . Vacant strip of land (City) / R-7.5 Residential District . Townhomes / A-12 Apartment District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed, There do not appear to be any significant environmental or cultural features on this site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. The use is compatible to this AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPl I CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in the vicinity of this application is considered a two-lane undivided minor urban arterial. The MTP proposes an undivided roadway within a 70 foot right-of-way. The current Pembroke Area Comprehensive Transportation Plan (CIP 2-238) involves a transportation study for the Central Business District and adjacent area surrounding Town Center. This study is developing short-term, mid- term, and long-term alternatives for transportation needs in the area. As part of the possible long-term improvements, there are currently several conceptual alignments that utilize a portion of Bonney Road for a new roadway that bypasses the Independence Boulevard and Interstate 264 interchange for traffic heading towards Virginia Beach Boulevard. Although the subject site of this application will not be directly impacted by the roadway alignment, this portion of Bonney Road may see a dramatic increase in traffic due to vehicles destined for Witchduck Road from the north. It must be emphasized, however, that no roadway alternatives for this study have been approved to this date. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Bonney Road 4,447 ADT 8,800 ADT 1 (Level of Existing Land Use ~ - Service "C") - 13,200 ADT 281 ADT 1 (Level of Service "F) Proposed Land Use 3 - 334 ADT sal GROUP, INC. Agenda Item 7 Page 3 1 Average Daily Trips 2 as defined by 48 townhouses 3 as defined by 57 townhouses WATER & SEWER: This site is currently connected to City water and sewer. Analysis of Pump Station 424 and the sewer collection system will be required to ensure future flows can be accommodated. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Point O'View Elem 572 440 2 2 Larkspur Middle 1,601 1,638 1 1 Kempsville High 1,933 1,892 1 1 " " generation represents the number of students that the development Will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted modification to the proffers. The revised proffers are provided below. Evaluation: The site plan approved by City Council in 2004 depicted 48 units at a total density of 8.8 units per acre. This proposal adds another nine (9) units to the property for a density of 10.71 units per acre. If it were not for the more restrictive lot coverage requirement found in the Zoning Ordinance for the A-12 Apartment District, the applicant would have originally, and currently, requested a rezoning to Conditional A-12 rather than A-18. The maximum lot coverage requirement for the A-12 district is limited to 40 percent; the maximum coverage goes up to 50 percent in the A-18 district. While the applicant is pleased with the existing units already built on the property, the modification is requested because the townhomes are not selling in the existing real estate market. According to the applicant, this is primarily due to the price point, which is directly related to the floor area size of the units and the inclusion of a garage. The proposed two-story townhome elevation, proposed to replace the original two-story townhome elevation with a garage, is architecturally compatible with the original proposal; however, the elimination of the garage and a reduction in the floor area of the units will allow the applicant to introduce a lower price point. The minimum square footage, originally proffered at 1,600 square feet, will not change with this modification. The applicant anticipates that the introduction of the smaller, two-story town homes without a garage will create additional activity and interest. Staff concludes that this townhouse development with the additional nine (9) units will remain compatible with the surrounding A-12 Apartment District, R-5D Residential District, and Conditional B-2 Community Business District zonings. There are single-family dwellings across Bonney Road, but both the original and the currently proposed site configuration and layout depict the closest dwelling to Bonney Road at approximately 75 feet. This does not change with this proposal. The proposed density of 10.71 units per acre is still actually proffered well below the typical 18 units per acre afforded other parcels zoned A-18 SOl GROUP, INC. Agenda Item 7 Page 4 Apartment District. As stated above, the reason for use of the A-18 zoning category is that the proposed lot coverage of the development exceeds the maximum of 40 percent permitted in the A-12 District. The request as proffered is acceptable and is recommended for approval. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (S107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer number "1" in the 2004 Proffers is amended to read: When the Property is developed, it shall be in substantial accordance with the "SITE PLAN FOR BONNEY'S QUAY GPIN #1467-90-1254," dated 12-07- 07, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). PROFFER 2: Proffer number "6" in the 2004 Proffers is amended to read: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). Each dwelling unit shall be two (2) stories in height, contain a minimum of 1600 square feet of living area, and contain either two (2) or three (3) bedrooms. PROFFER 3: Proffer number "6" in the 2004 Proffers is amended to read: The architectural design of the residential buildings containing units numbered 25 through 29 and 39 through 52 as designated on the Site Plan, the entrance sign and the fence along Bonney Road will be substantially as depicted on the exhibit entitled "PROPOSED FRONT ELEVATIONS - BONNEY'S QUAY," dated January 30,2004, prepared by Reich Design Associates ("2004 Elevation"), The architectural design of the residential buildings containing units numbered 1 through 24; 30 through 38 and 53 through 57 as designated on the Site Plan will be substantially as depicted on the exhibits entitled "Composite Front Elevation - Bonney's Quay," dated January 30, 2004, prepared by Reich Design Associates ("2007 Elevations"). The 2004 Elevation and 2007 Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The primary exterior building materials shall be brick and hardiplank siding, and the colors used may vary from those on the exhibits but all will be earth tones. PROFFER 4: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2004 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200408270137054, save and except, Proffer 1, 6 and 7, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The proffers listed above are acceptable as they continue to insure the level of quality of the project and its compatibility with the surrounding area. SOl GROUP, INC. Agenda Item 7 Page 5 The City Attorney's Office has reviewed the proffer agreement dated December 14,2007, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes 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. SOl GROUP, INC. Agenda Item 7 Page 6 ~ " -lie' cz ~,,:; ~::~ ;~ , w' g 2 ... .. "" .... " .,,-;.' ,;;i'"":* :;) ;r:= 0>> >"'" !;;~ " ~: ~.~ - - .... '2 '" '2 ~ '" -< ~ ~ '~ i"~ Z >. ..; ;;t\.~ ... '" .., '-oi .' '~>? c:: '" \ ....1__ :.> . ~:'" ;1- -~ < 2-..,,~ .' .,-' -i~ '. , " .-: ~- ~; gf ;. KEM I'SVIl.I.I: Vlf\\ HEIGHTS ''A~~l)1l ,-"- ,~' ,- . . ::: ~ L 11 " '7 ;j - '" '" ;: ., ,.. .. ;. Z ,. ""~,>'- '" 0" (l)i ,,' " -. "'- 2;;:: ;..~ "x 'O- Si ::i l;~ .c~ ::;\lC .... ~7, ;... 7 E ~ ... .. HJ~' CURRENTLY APPROVED SITE LAYOUT '\t't'\; DB1t-(}fl:KF CfH'R'1 ,.. :- tf)Cr 1t01l) SOl GROUP, INC. Agenda Item 7 Page 7 (~"\) f , ..~ /-'\......_/ ;: '\.'/ Ii C) I; I' ~'[~;~- : .-~. I !H i~!- t~ ,~ ~-o Xi ,.~t~ -~ ~ ~ - ~;:j .&1.1. ... , ~..~._~ I cti." ::;) "\' - 1l - ex: : !,., - i, I ~ ~: . ~~t: .u ~ - ~o ~ ': .: \:....'\..1 \.. ~ .~ 'f i "1~ _C i}) > - ~ !, i~JF" ; .V If' f :,;i .~ ili~;.: ~li,__ , :1r--:..:..,-- ,4, " j { . J :ii(~l;.~t ! -";'~, ~:' f. ~~ \:~ ~:i:i r~.. ': oJ." 1~.~/ ~ " :"~~~;::: --~_.._::~': - -( '. ~ r-~~i>. \rf~:l : u~_ . ~--.f : --..- (/. ) .~:: _... .......: i j-/. ' I. ,..~,.,_ . ~ : ~~ J I ~ ~. I ~ ~ ,. :Sfoo; :j..: m :;Do_ ~ " I , , t., ,--, '''', ,..,. .' ,.J..:;: r..... '/ '\ I l' .'. . ' " . . . {.; \ . \ ~ ::~~.../~_.~..).__/ \~v"_...::-:...~~/_~::~ _::-_-~.l \~.~ _*-::-;~"YI ~~ '--L __:...~~ . " .. :Ie, ~g: ~t:i " ~ /- I ", "-- !'{.;O.J .l"f:-;(~,VfJd\'/~ ; ,~; ~.-... - :~~: ..i: ; ~*._- ... -< ;J 0' fill . , .... loll Zl Z o = z L--. " ;: : .:: . ; . \: ,.~ . < z :IE ::; .. . .. 1.: I . , , i] ~ i' I == Zz ~~ ~:;; &: =; =f t~~ =~ ~E:e ~~ ~~~ee::i;:; ;==~: -. ~-......ecS ~EE=EE~ "l;!~.s..:r> ...-t.......e.o ':" '.':IIC:aMC:: <~....S:;.... i;~55S'2~~ z.....c..... <z!:.....~~.... ~o""~Gftzz;a...... ~N~!2~;;8e ........Me.,........ ~;2i:~:Sg ~!" i '. \ ..... '" ,I .. ~'Z ~__~.f Ci ,-~~ .. ,. t' ~ (. J~_~. ._..:..~--- .__._---~...__. --.....,..'-~--_.. ...-------... PROPOSED SITE LAYOUT sal GROUP, INC. Agenda Item 7 Page 8 I ('rnmr '~I ::l I '7, (~=l ~! .. ::1 - u c . I N - ~ 0... ! < ~ z < C r'. -'-I '..) Z 'J. -:.; i......... CCI ....... u' o :.Jl :r. rc U ....J i I ~i \ ..J 1 , I z' >-\, cl ,......,. ~ :::::: ~ V ...... < ~Il :..J [j} > ..J CJ W' < "'0, uS~ ! E-<I (fj' I,. z;, - r: QI ~i; ....,.,. ~I ~i; ,I " ,-." 21: ~, (f) Zil 01: I ..cl ~ 0:1 C::: u ~' co! co:: ....... ~I~ Co ,..... I ~ :l) :- CURRENTLY APPROVED ELEVATIONS SOl GROUP, INC. Agenda Item 7 Page 9 - ------ ..._IS'... -.... - ~.-- --.... ~ it l' ~i \\ 11 .... 0 0 N ..: ts c:> It \, I \t ,... !' "" ~i ::> ~. CI ~ ,.. '"' :% 7- g PROPOSED BUILDING ELEVA,.ION - aO\ GROUP I \NC. Agenda \tern 7 Page 11 Mao ~~; e;-7ScaJe BOI GroUD~ Inc. I \0- oJ;',' cr2~ um ~t[ D)~~_ ~~ ~_ u n~f~ 012 \it: G we 1-! 0 r1l-t p Ootl\ U--1 'U 0 (\ 0\\1'{- ~f--_.:;JJ ~ P ':'l 011 o~ 0 ~ lU "~ ~ ~. ~~tt" 10 - -;r~ 2:, ~ \) ~ _ ~ 0 ~rJY ~ p . ~ 15 :J~ . d~ Q :~~i' P ~ ~I lU~ ~! (j\ ~~ ~ ora \)V 'j -~~ . c~ ~ b O~ '/-=-~ ~ ~ 7 . \j: ~ ~~~ ).~~ ~ ~~~ ~~ iA~' /\A/. ~ ~~~ ~~"~~~~ ~"\~ ,~I /l~/\~~' W~ ~ ~ /,If:j..z 2. ,~~ k- -=-s:. ., VI(-,\ ~ ~ ~\\ \ A ~ ~ ~ !< L ~ II~O-.... ~6.HQ. --;~ ~ 01 ~., ,j ":::M oiQj I~ ~ .. ';1p ~ ) ~ ~ ~Ifl ~ ~ ~ ~ ~~_~~'i ~~ ~ ~\;/[I V(Ltl: ,II _' \f~t. - M ~ \:3 ~~ . K ~ ~ _ ~ tJ. ....\.\r \f ~ ~ n. iT ~ ~ .,"~ -fi] ~'\ 'ff/~\. ~"I 'll ~MII~~11t! ~~ .I"II~" ~r ~~ .w ~\ <ll- ..< Modification of Proffers 1 08/1 0/04 CHANGE OF ZONING (A-12 & R-5D to Granted Conditional A-18) 2 09/23/03 CHANGE OF ZONING (A-12 to R-5D) Granted 3 03/12/02 CHANGE OF ZONING (R-7,5 to Conditional Granted 01/11/88 B-2) 03/23/87 CHANGE OF ZONING (R-6 to 0-1) Withdrawn CHANGE OF ZONING (R-6 to 0-1) Withdrawn 4 03/12/91 Change of Zoning (R-7.5 to Conditional B- Granted 2) 09/1 0/84 Change of Zoning (R-6 to A-1) Denied 04/18/83 Change of ZoninQ (R-6 to 0-1) Denied ZONING HISTORY sal GROUP, INC. Agenda Item 7 Page 12 z o I I r I ~ C ':l I I . , r"'1 ~ CI:) z c=~ I I r · I I Q Z c:~~ C ':l rT 1 c:=~ z c::-~ I I r,d C :l I I rT 1 I I ~ C ~ ~ DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees. partners, etc. below: (Attach list if necessary) SOl Group. Inc. Carmine Pisapia. President; Steve Pisapia. Vice President; Alan S. Resh, Vice President; Mark Resh, Vice President: Jennifer Pisapia. Treasurer 2. List all businesses that have a parent-subsidiary; or affiliated business entitl relationship with the applicant: (Attach list if necessary) I i 0 Check here if the applicant is NOT a corporation partnership, firm, business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm. business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members. trustees, partners. etc. below: (Attach list if necessary) I 2. List all businesses that have a parent-subsidiary' or affiliated business entity< I relationship with the applicant: (Attach list if necessary) I 0 Check here if the property owner is NOT a corporation. partnership. firm. business, or other unincorporated organization. , 1 & 2 See next page for footnotes Mod,flcatlOn of Conditions Application Page 10 of 11 Revised 9/1/2004 SOl GROUP, INC. Agenda Item 7 Page 13 ..... "" II DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide sel\lices with respect to the requested property use, including but not limited to the providers of architectural sel\lices. real estate services, financial sel\lices. accounting sel\lices, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy. P.C. Hassell & Folkes, PC. Reich Design Associates ; "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code S 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101. II CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing accordin . ,in this package. SOl Grou rporation By: Applican Alan S. Resh, Vice President Print Name Property Owner's Signature (If different than applicant) Print Name Modification of Conditions ApplicatIOn Page 1; of 11 Revised 9t;12004 z o I I r t .~ C ~ . I . , r-"-. ~ ~ Z c:: ~ I I r t I I Q Z c::~~ C ~ r-r I c::=~ z c ~ I I r · ~~ C ~ I . r-r 1 I I Q C-~ ~ sal GROUP, INC. Agenda Item 7 Page 14 Item #7 BQI Group, Inc. Modification of Conditions South side of Bonney Road, approximately 120 feet west of Windbrooke Lane District 2 Kempsville March 12, 2008 REGULAR Donald Horsley: The next item is item 7, BQI Group, Inc. An application ofBQI Group, Inc. for a Modification of Conditions for a request approved by City Council on August 10, 2004 (Alcar, L.L.C.). The property is located on the south side of Bonney Road, approximately 120 feet west ofWindbrooke Lane, District 2, Kempsville. Mr. Bourdon? Eddie Bourdon: Thank you Mr. Horsley. Madame Chair, for the record, my name is Eddie Bourdon, a Virginia Beach attorney, and I represent the BQI Group, Inc. I want to point out that Alan Resh is a member ofBQI Group, Inc., as well as the applicant in the preceding request. It was my pleasure to represent this application when it came along initially under Alcar, L.L.c. for this rezoning on this infill assemblage of property that they put together. It is property that is entirely surrounded by development at 12 units per acre as part of Kempsville Lakes. The rezoning of this piece of property, even though it is an A-18 was an attempt to shoot high. That is exactly what occurred here relative to the other developments in this area. The A-18 was not high density but high quality. We actually were at 8.8 units per acre, and have developed part of the property as a condominium in accordance with those proffers. Unfortunately, as most of you know, and there are a lot of other residential rezonings at Sandler Development just down the street that are at 36 units per acre. This area, is along our main transportation corridor. What is happening in this area separate from the preserved single-family neighborhoods, which this does not adjoin, we are talking about increasing density in this area. The proposal being developed has run into financial issues with regard to the marketability of these units. And, those units, and there are 19 of them, those units have been mostly sold. A few of them are closing this month. All of the buyers, and there are, I believe, are two or three investors, but the rest of them are owner occupied. They have all agreed to these modifications. Because they recognize that the community, and in order to keep continuing to move forward and thrive, needs to be high quality, which this modification reflects, but the price points need to have a mixture and to be brought down. That is what's happening here. The new proposed modification, the new units, involve the exact same architecture that you see with what's out there. The same exact building materials. There is no change in that aspect of this at all. It is high quality and that is why all of the people who are out there have agreed to these modifications, as they must, because it is a condominium that we're modifying. What were doing is making the units smaller, yet they're still larger than what was proffered initially. What was proffered initially is that the units would have 1,600 square feet minimum of living area, and we have still maintained that with this. All that we're doing is we are removing the garage component, which is a cost item and allows the units to be sold at a lesser price. But we're still above the Item #7 BQI Group, Inc. Page 2 price of the higher density units that surround us, so it is still a quality development. Were not trying to undermine it by just putting up something that's poor quality vinyl siding or whatever. You can use all those cliches. What we are trying to do is fit this in the marketplace and try to maintain this community as a viable and a valuable community. The prices that are listed in here, and as you all know, and Mr. Macali will certainly tell you, is that you can't proffer prices. We're just giving you information. We've been totally up front with everybody in this process. We haven't tried to hide any agendas. We say exactly with we're doing and exactly why were doing it. That is what we're after. There was a discussion this morning that there is a parking problem. I would disagree with that. We've added parking. Before, we had 96 parking spaces; now, we've got 151 parking spaces. We got 37 parking spaces more than is required for this development. The total number of units is 57. So, we are well over 2Yz parking spaces per unit and two is all that is required. And you are correct that there are some communities in this city where you got two and only two or two and a fraction. I've seen a lot of them, and I know a number of you all have and staff has clearly. This particular community is not lacking, as designed, for parking. We've added parking with this application. So, our point simply is that the plan doesn't really change. It is just the type of unit changes. The materials are the same. The architecture is the same. We just don't have garages, and this is in order to keep this community moving forward, make it a positive addition to the area that is surrounding rather than having it sit there have nothing selling. That is the reason for this. The additional density, and we are still at 10 units per acre, is still below what is around us. Frankly, I believe that if we came in with this project to be begin with, it would have been approved to begin with. That is absolutely my belief. But we are doing everything that we can do to keep this project moving forward in a positive way and a high quality way. It does give up a little bit of a different price point. We got 19 units at one price point and these units will be a different price pint. But again, the market" depending on how it goes, the price point may go down. Hopefully, it will slip by and go up. With that, I'll be happy to answer any questions that any of you may have about the project. Janice Anderson: Thank you. There are no further speakers so any questions. Go ahead. Henry Livas: There are no speakers in opposition? Janice Anderson: No. Eddie Bourdon: All the people in the community have signed on and support the application. Henry Livas: Now the people that are already there, they don't consider this depreciating their property or anything like that? Eddie Bourdon: Because we haven't gone in and undercut. That is what were trying not to do is undercut the market for their homes. There is a reduction in value of the units but the units are reduced in value because they don't have garages. People will pay more for a garage. You've got more space because of the garage. That is the balance that we have been trying to strike here. You can go into some of the older neighborhoods that were developed before Conditional Rezoning back in the 70s where they start out with nice high quality Item #7 BQI Group, Inc. Page 3 building materials and the market is not there, and they switch over to stuff that is not quite as nice. We all that have been in the real estate business know the city and know those type of communities exist. And because of the benefit, and that is why I look at this morning, and this morning, some of the comments that I would characterize as half empty, I actually look at it the other way. I think it is half full. But the reality is because of this process, because of this control, we don't have those problems that we had at the last downturn or two downturns back, and they weren't selling, so they just cut the quality of the project. We have to make everybody happy so the quality of the product isn't being diminished here. So, our point of view is that we're trying to make this and continue to make this to be a high quality community, and the people in the community recognize this, and they recognize the marketing struggles that are existing today with these townhomes with garages. Henry Livas: Did you also say that the price after you reduced is still higher than the surrounding high quality units? Eddie Bourdon: The units in the surrounding community, not the units in this. Henry Livas: I'm talking about surrounding communities. Eddie Bourdon: Yes. In the community that surrounds us, yes. Henry Livas: Aren't you going to have to lower it even more to compete with them? Eddie Bourdon: Well, we don't think so. Because we think we are above. We believe these units as modified are better than the units that are in the community that surrounds this community. I don't want to be knocking someone else's community. But these units will be higher value, high price units than those that are in the higher density development that is adjacent to us. Janice Anderson: Eddie, I'll bring it back it up. I believe there is a speaker here who may not have signed up. Sir? Kathy Katsias: I'll sponsor. Janice Anderson: Okay. Thank you. Welcome. Please state your name. Thank you. My name is Alan Resh. I am part of the owner with BQI. I appreciate you letting me come up and speak even though I haven't signed up. I wanted to speak to Mr. Livas' question about values. And, in difference to Mr. Bourdon, he wasn't privy to our discussion with regards to values. We didn't fill him in, so he was trying to work. And he was 95 percent correct. I want to go directly to your question, which is value. We actually have increased the value. Okay. What we are doing is we are reducing the size, but the value of these units on a square foot basis, are higher than the units that are being sold in there now. Our square foot value pricing on the units that exist are running around $135 a square foot. Each unit will be priced in and around $135 to $146 a square foot. So, in true Item #7 BQI Group, Inc. Page 4 value, we are maintaining the value of those units and exactly increasing. As far as competing with the market, what Mr. Sandler has down the street and his development down there, we are very competitive with that product. I think we've done our homework to look at the product to make sure and ensure that we're not overvaluing what we're building in comparison to what they have. And, as a result of their opening in the last month or so, we have seen a marked increase in traffic in our development. Weare very excited about the outcome here. And the owners of the properties that are in there now are very excited about seeing the job moving forward at a better pace. Thank you very much. Janice Anderson: Thank you Mr. Resh. Does anybody else have a question for Eddie or do we just want to go to discussion? Eugene Crabtree: I have one question that I was going to ask. Janice Anderson: Eddie, do you mind coming back up? Eugene Crabtree: Eddie. I might consider asking Mr. Resh this. Just for the record, how does this fit into the workforce housing? I know that the price is below the amount that requires affordable housing and workforce housing to be included. But how does this overall fit into that workforce housing for the working community, so to speak? Eddie Bourdon: Well, at the price points that are referenced in here, assuming those price points hold, you certainly are in a position to capture buyers who are in the income categories that workforce housing is shooting at. So, it does make it more accessible. That is for sure. But, it isn't down in the upper 100's, you now $180,190,200, that would capture a greater percentage of those people in that income range. But it makes it more accessible for people who are in our workforce. No doubt about it. As long as these interest rates that we currently have are present, a lot of people who are in the middle of the income categories can afford if they have a little bit of a down payment of these units. Eugene Crabtree: I know you are not in the category that requires you to have workforce housing units in there. Have you considered having them anyway? Eddie Bourdon: Again, trying to maintain the balance that we tried to achieve in this project, I think, as you all well know, from having seen the reaction of the public to that monitor, that would be, I suspect close to impossible to sell to the people who are already in these units. So, I think that is a road block that we can't get over. Eugene Crabtree: I just wanted to bring it out into the open. Eddie Bourdon: It isn't lost on, us but I just don't think it is feasible or practical in this situation. Item #7 BQI Group, Inc. Page 5 Henry Livas: While we're on the subject of workforce housing, I kind of view this as a workforce situation. It is not officially one, but I think the intent can be construed as workforce housing. Eddie Bourdon: You certainly can interpret it that way. But for reasons I think you can understand, we aren't putting that up a flagpole. Janice Anderson: Are there any other questions? Thank you. Eddie Bourdon: Thank you. Janice Anderson: I'll open it up for discussion. Go ahead David. David Redmond: I'm uncomfortable with this. I'm still uncomfortable as I was this morning, and I'm still uncomfortable with this for two reasons. Number one because I shared Jay's view, at least this morning, he may evolve. We've had a hard time as a city screening around after the fact in trying to compensate from miscalculations in what the market will bear. It is a lousy market for residential real estate. If there are problems in selling these homes, it is likely because it is a lousy market for residential real estate. Not because they are too large, because they have garages, or because they don't. My objection this morning and today is not how much parking there is. It never was. It is to the kind of parking that is there. The city is replete with examples of multi-family housing with cars that spill out in to the street and all over the driveways. Americans have more cars today than they ever have. I'm reluctant after the fact, because this might have been a miscalculation, to then encourage. I think high end development intends to put those cars out onto the street rather than into a garage. I'm not going to live or die based on it, but I just have a bad feeling about it. For those two reasons, I don't like the fact that about the application that it says "we're not selling," lets go back and yank the garages out of them and make it smaller. I don't think that is really the problem. The problem is a bad real estate market. There are lots of folks who have been caught up in that. I don't think it ought to be incumbent upon this Commission for the City to go around each and every case, and to do that again, and then grant changes to the proffers that were offered, or we're going to start to do an awful lot of it with regard to residential real estate. So, I can be convinced, I suppose, but my gut feeling is that I'm uncomfortable with it for those two reasons. Janice Anderson: Thank you Dave. Jay? Jay Bernas: Just to echo Commissioner Redmond's concerns, I think the whole philosophy behind the way this report is written and the argument that it says that they can pick up additional units, which in turn helps dilute the land and development costs, I think we're setting a precedent here. Where there are a number of developments that are ongoing that aren't at the density, they're not at the 12 units per acre, and they may be coming in saying, hey, for the same reasons, I need to pick up additional units to help dilute the land and development costs. It just makes me uncomfortable, as well as that being the philosophy, but then again, I'm on the fence with the applicant where he says that if this came in today with Item #7 BQI Group, Inc. Page 6 this number of units at this density, would this be approvable? And the answer is probably yes. So, I'm kind of on the fence, and I'm split between the two issues, but I'm really uncomfortable with the whole philosophy about going in after the fact and increasing the density, and then how much this is going to set a precedent for all of the other developers out there that are mid-stream that are saying, hey, this guy got this, and use that as his argument. If he needed to pick up more units to help dilute the land and development costs, this is not going to be the first one. Now this is going to continue to occur in this market, and what we don't need are more units on the market. So, I'm still on the fence. David Redmond: My view of that, frankly, is ifthis could have been approved in this format when it came before us before, then it should have come before us in this format before. I don't think it is necessarily incumbent upon the City then to compensate each and every case when this is going to occur in a bad market for this miscalculation. It probably could be, but that wasn't what was brought before us. Do we then and for each and every case, go around and do this again and again. I'm uncomfortable doing that. Janice Anderson: Henry? Henry Livas: I think we've already changed one on South Plaza Trail near Brenneman Farms. I can't think of the name of that development but they certainly came in, and we made some changes. Maybe you all can't, but I think we should approve it, because we've got the other buyers there. They're agreeing, and they're the ones that are going to be heard if anybody. And also the fact that ifhe brought this in before, just the way it is now, we would have approved it. So, I don't think we ought to penalize him for trying to be up fromt and finding out that they're not making any money there, and might want to make some adjustments. He also has a tendency to serve some of the clients who can't afford those upper end houses. Janice Anderson: Thank you Henry. Is there any other discussion? Do I have a motion? Henry Livas: I would move that we approve the modification of proffers. Janice Anderson: Do I have a second? (There was no second to the motion). Do I have an alternate motion? David Redmond: I move that we deny the request. Janice Anderson: Do I have a second on the alternate motion? Jay Bernas: Can I modify the motion by adding an addendum to that? Barry Knight: With the consent of the primary maker of the motion. Jay Bernas: With your consent, I'm okay with the modification to remove the garages but not for the increase in density. No? Item #7 BQI Group, Inc. Page 7 David Redmond: I don't have any objection to you making that motion. Janice Anderson: Do I have a second do Mr. Redmond's motion for denial? (There was no second to the motion). Barry Knight: IfMr. Livas wants to revive his motion, I'll second Mr. Livas' motion. Henry Livas: What revision? Barry Knight: No. If you would restate your motion Mr. Livas, I'll second your motion. Henry Livas: Oh, okay. That is that we approve the modification of the proffers to enable the elimination of the garages and all of the things that he is requesting in this proposal. Janice Anderson: A motion by Henry Livas to approve with the stated proffers and seconded by Barry Knight. AYE 5 ANDERSON BERNAS CRABTREE HENLEY HORSLEY AYE KATSIAS KNIGHT AYE LIV AS AYE REDMOND RUSSO AYE STRANGE AYE NAY 6 ABSO ABSENT 0 NAY NAY NAY NAY NAY NAY Ed Weeden: By a vote of 5-6, the motion has failed. Eddie Bourdon: Thank you all for your patience. Janice Anderson: Thank you Mr. Bourdon. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7024 DATE: March 14,2008 FROM: Leslie L. Lilley . \ 1~ B. Kay WilS~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; BQI Group, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 2008. I have reviewed the subject proffer agreement, dated December 14,2007 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/bm Enclosure cc: Kathleen Hassen PREPARED BY: BB SITJ;:S. ROURDON. _ AIlmN & Lm. P.C FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BQI GROUP, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 14th day of December, 2007, by and between BQI GROUP, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain properties located in the Kempsville District of the City of Virginia Beach, Virginia, containing a total of approximately 2.506 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel is referred to herein as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated May 24, 2004 (hereinafter "2004 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and GPIN: 1467-90-1254 1 PREPARED BY: ~m SYl:IS. ROURDON. ti.lII AIlrnN & lM. P.C WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number "1" in the 2004 Proffers is amended to read: When the Property is developed, it shall be substantially in accordance with the SITE PLAN FOR BONNEY'S QUAY GPIN #1467-90-1254", dated 12-07-07, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Site Plan"). 2. Proffer number "6" in the 2004 Proffers is amended to read: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). Each dwelling unit shall be two (2) stories in height, contain a minimum of 1600 square feet of living area, and contain either two (2) or three (3) bedrooms. 3. Proffer number "7" in the 2004 Proffers is amended to read: The architectural design of the residential buildings containing units numbered 25 through 29 and 39 through 52 as designated on the Site Plan, the entrance sign and fence along Bonney Road will be substantially as depicted on the exhibit entitled "PROPOSED FRONT ELEVATIONS - BONNEY'S QUAY", dated January 30, 2004, prepared by Reich Design Associates ("2004 Elevation"). The architectural design of the residential buildings containing units numbered 1 through 24; 30 through 38 and 53 through 57 as designated 2 on the Site Plan will be substantially as depicted on the exhibits entitled "BONNEY'S QUAY", dated Dec. 7, 2007 and "Composite Front Elevation - Bonney's Quay", dated 7/28/07, prepared by Reich Design Associates ("2007 Elevations"). The 2004 Elevation and 2007 Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The primary exterior building materials shall be brick and hardiplank siding, and the colors used may vary from those on the exhibits but all will be earth tones. 4. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2004 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #200408270137054, save and except, Proffers 1, 6 and 7, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the A-I8 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is PREPARED BY: consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a k1I ~~rs. R&OLURDON. resolution adopted by the governing body of the Grantee, after a public hearing before the ~ T\ti[RN M. P.c. Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code 3 PREPARED BY, 1mB SillS. ROURDON. aJ A1IrnN & 1M, P.c. of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: nB STIIS. ROURDON. mil AlJillN & lfVY, P.c. WITNESS the following signature and seal: Grantor: orporation By: (SEAL) STATE OF VIRGINIA CIlY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 19th day of December, 2007, by Alan S. Resh, Vice President ofBQI Group, Inc., a Virginia corporation, Grantor. ! - /.1 / / ~ r. . I I (" ~! . -j;: // k " \ '1 ~I L:.//' ,/ / Y"~.u/I'!L ./f\. ; j, l ( /trlA-' /( - Notary Public My Commission Expires: Notary Registration No.: August 31, 2010 192628 5 EXHIBIT "A" #1 Bonney's Quay Legal Description For Proffer Modification Beginning at a point where the eastern property line of the Bonney's Quay Condominium intersects the southern right-of-way of Bonney Road; thence along the southern right-of- way line of Bonney Road with a bearing of S 640 14' 59" W, and a distance of 34.22' to a point; thence along a curve turning to the left with an arc length of 10.89' and a radius of 35.00'; thence along a curve turning to the right with an arc length of 118.19' and a radius of 115.03' to a point; thence along a line with a bearing of S 32013' 19" Wand a distance of 106.23' to a point; thence along a curve turning to the left with an arc length of 41.29' and a radius of 25.00' to a point; thence along a line with a bearing of S 620 24' 52" E and a distance of 42.32' to a point; thence along a curve turning to the right with an arc length of 12.85' and a radius of 51.00' to a point; thence along a line with a bearing of N 420 01' 04" E and a distance of 31.04' to a point; thence along a line with a bearing of N 770 00' 15" E and a distance of 75.39' to a point; thence along a line with a bearing of N 130 18' 27" W and a distance of 257.95' to the point of beginning, containing 20,334 square feet. It being a portion of the "Additional Land" shown on the Bonney's Quay - A Condominium, Phase Three plat recorded in instrument number 200704110048648 in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia. Part of GPIN #1467-90-1254 PREPARED BY: ~ SYKIS. ROURDON. m AllillN & 1M. P.c. 6 #2 Bonney's Quay Legal Description For Proffer Modification Beginning at a point where the western property line of the Bonney's Quay Condominium intersects the southern right-of-way of Bonney Road; thence along a line with a bearing of S 270 34' 57" Wand a distance of 275-43' to a point; thence along a line with a bearing of S 090 57' 37" E and a distance of 222.38' to a point; thence along a line with a bearing of S 770 51' 59" E and a distance of 98.50' to a point; thence along a curve turning to the right with an arc length of 30.15' and a radius of 70.00' to a point; thence along a line with a bearing of N 470 49' 29" E and a distance of 13.63' to a point; thence along a line with a bearing of S 420 10' 31" E and a distance of 11.66' to a point; thence along a curve turning to the left with an arc length of 10-47' and a radius of 5.00' to a point; thence along a curve turning to the left with an arc length of 8.36' and a radius of 15.00' to a point; thence along a curve turning to the right with an arc length of 15.32' and a radius of 61.00' to a point; thence along a curve turning to the left with an arc length of 9.19' and a radius of 15.00' to a point; thence along a curve turning to the left with an arc length of 10.10' and a radius of 5.00' to a point; thence along a line with a bearing of S 290 28' 06" Wand a distance of 11.65' to a point; thence along a line with a bearing of N 60031' 54" Wand a distance of 27.00' to a point; thence along a line with a bearing of N 290 28' 06" E and a distance of 13.00' to a point; thence along a curve turning to the left with an arc length of 7.85' and a radius of 5.00' to a point; thence along a line with a bearing of N 600 31' 54" Wand a distance of 20.58' to a point; thence along a curve turning to the left with an arc length of 30.72' and a radius of 45.00' to a point; thence along a line with a bearing of S 800 21' 05" Wand a distance of 20.95' to a point; thence along a line with a bearing of S 860 03' 20" W and a distance of 20.12' to a point; thence along a line with a bearing of S 800 21' 05" W and a distance of 17.5' to a point; thence along a line with a bearing of N 090 18' 26" Wand a distance of 18.00' to a point; thence along a line with a bearing of N 800 21' 05" E and a distance of 17.50' to a point; thence along a line with a bearing of N 740 38' 27" E and a distance of 20.87' to a point; thence along a curve turning to the right with an arc length of 33.93' and a radius of 67.00' to a point; thence along a curve turning to the left with an arc length of 6.97' and a radius of 5.00' to a point; thence along a line with a bearing of N 290 28' 06" E and a distance of 13.77' to a point; thence along a line with a bearing of S 610 15' 30" E and a distance of 27.00' to a point; thence along a line with a bearing of S 290 28' 06" Wand a distance of 13.00' to a point; thence along a curve turning to the left with an arc length of 7.85' and a radius of 5.00' to a point; thence along a line with a bearing of S 600 31' 54" E and a distance of 19.23' to a point; thence along a curve turning to the left with an arc length of 24.34' and a radius of 15.00' to a point; thence along a line with a bearing ofN 26029' 56" E and a distance of 99.32' to a point; thence along a curve turning to the left with an arc length of 17.28' and a radius of 25.00' to a point; thence along a line with a bearing of N 130 06' 30" Wand a distance of 32.92' to a point; thence along a curve turning to the left with an arc length of 21.51' and a radius of 25.00' to a point; thence along a line with a bearing of N 620 24' 52" Wand a distance of 39.35' to a point; thence along a curve turning to the left with an arc length of 7.85' and a radius of 5.00' to a point; PREPARED BY: thence along a line with a bearing of S 270 35' 08" Wand a distance of 13.00' to a point; ~SYJ(hS. ROUlIDON. thence along a line with a bearing of N 620 24' 52" Wand a distance of 18.00' to a point; mAYfRN & UVY.P.c. thence along a line with a bearing of N 270 35' 08" E and a distance of 13.00' to a point; thence along a curve turning to the left with an arc length 7.85' and a radius of 5.00' to a 7 PREPARED BY: ~ SYKJ;:S. ROURDON. m AJImN & 1l:VY, P.c point; thence along a line with a bearing of N 620 24' 52" Wand a distance of 108.88' to a point; thence along a line with a bearing of N 270 35' 08" E and a distance of 9.00' to a point; thence along a line with a bearing of S 620 24' 52" E and a distance of 1.25' to a point; thence along a curve turning to the left with an arc length of 3.93' and a radius of 2.50' to a point; thence along a line with a bearing of N 270 35' 08" E and a distance of 28.50' to a point; thence along a line with a bearing of S 620 24' 52" E and a distance of 63.00' to a point; thence along a line with a bearing of S 270 35' 08" Wand a distance of 13.10' to a point; thence along a curve turning to the left with an arc length of 6.14' and a radius of 3.00' to a point; thence along a curve turning to the left with an arc length of 20.26' and a radius of 20.00' to a point; thence along a line with a bearing of N 320 13' 19" E and a distance of 114.52' to a point; thence along a curve turning to the left with an arc length of 50.55' and a radius of 50.00' to a point; thence along a line with a bearing of N 250 42' IS" Wand a distance of 37.84' to a point; thence along a curve turning to he left with an arc length of 11.50' and a radius of 35.00' to a point; thence along a line with a bearing of S 640 14' 59" Wand a distance of 74.56' to a point of beginning, containing 66,297 square feet. It being a portion of the "Additional Land" shown on the Bonney's Quay - A Condominium, Phase Three plat recorded in instrument number 200704110048648 in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia. Part of GPIN #1467-90-1254 8 PREPARED BY: 13m SYI(IS, ROURDON, BI AHHt\f 8: lM. P.c. #3 Bonney's Quay Legal Description For Proffer Modification Beginning at a point where the eastern property line of the Bonney's Quay Condominium intersects with the southern right-of-way of Bonney Road; thence along a line with a bearing of S 130 18' 27" E and a distance of 643.76' to a point; thence along a line with a bearing of S 780 16' 33" Wand a distance of 163.19' to a point; thence along a line with a bearing of S 130 09' 54" E and a distance of 54.27' to the true point of beginning; thence along a line with a bearing of S 760 48' 54" Wand a distance of 17.54' to a point; thence along a curve turning to the left with an arc length of 3.93' and a radius of 2.50' to a point; thence along a line with a bearing of S 130 18' 27" E and a distance of 7.68' to a point; thence along a curve turning to the right with an arc length of 7.67' and a radius of 25.00' to a point; thence along a line with a bearing of S 760 51' 04" Wand a distance of 205-49' to a point; thence along a line with a bearing of S 010 15' 10" E and a distance of 95.89' to a point; thence along a line with a bearing of N 760 50' 20" E and a distance of 246.36' to a point; thence along a line with a bearing of N 130 09' 52" Wand a distance of 111.52' to the true point of beginning, containing 22,536 square feet. It being a portion of the "Additional Land" shown on the Bonney's Quay - A Condominium, Phase Three plat recorded in instrument number 200704110048648 in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia. Part of GPIN #1467-90-1254 ModitionstoProffers/BQIGroup/BonneysQuay /Proffer 9 001 o 3 Conditional Zoning Change: from AC 1&2 to Condo R-10 I I ,.r~Bi1"'.", .{-'~r:::'%;' (~,iJP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Balance Builders for a Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District on property located at 2260 Childeric Road (GPIN 2404448982). DISTRICT 7 - PRINCESS ANNE. MEETING DATE: March 25, 2008 . Background: The applicant proposes to rezone an existing 4.523-acre parcel, zoned AG-1 and AG-2 Agricultural, to R-10 Residential District in order to create 12 residential lots. The parcel is currently undeveloped and contiguous to the Princess Anne Woods residential subdivision on the west and portions of the north and south. Existing single-family lots zoned Agricultural are also contiguous to the north and south property lines. To the east is an existing church on property zoned R-20. Currently, the primary access to the subject parcel is provided via a 16-toot wide, unpaved strip along Seaboard Road. The primary access to the proposed subdivision will be a 50-foot wide ingress/egress easement, to be dedicated to the City as right-ot-way, proposed along Childeric Road. The City Attorney's Office has validated that this easement was properly created to provide a future city right-of-way for ingress/egress on to the subject site. This site is within Sub-Area 2 of the 65-70 dB DNL AICUZ. The Comprehensive Plan designates this area as the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. . Considerations: The request is complementary to the adjacent, ,established residential neighborhood and the church to the east. Proposed lot sizes within the subdivision range trom 10,005 square feet to 21,176 square feet, consistent with the adjacent neighborhood. The Comprehensive Plan emphasizes that new residential development be attractive and at high quality and that new housing be compatible in size and scale to adjacent neighborhoods. The Plan specifically states "Generally, in large suburban settings often characterized by many 'single use' zoning districts, land use compatibility is achieved through the process ot orienting similar or, at the very least, not incompatible land uses and densities Balance Builders, Inc. Page 2 of 2 next to one another," (page 90). The rezoning of this parcel from Agricultural to Residential eliminates what is now less compatible Agricultural zoning, as the property to the north, south, and west of this 4.5-acre site transitioned to Residential in 1999. To the east is an existing church on property zoned R-20. As the property is located within the 65-70 AICUZ, review by the City/Navy MOU Committee was required. The applicant presented this proposal to the MOU Committee on November 29,2007. The MOU Committee determined that this request is reasonable based on the surrounding densities and zoning districts. The site is located within Sub-Area 2 of the 65-70 dB DNL AICUZ. For sites within that Sub-Area, discretionary applications for residential use may be approved by the City Council only if the City Council finds that the proposed development is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan, and that it conforms to the all of the applicable provisions of the Comprehensive Plan. After review of the proposal and discussion, the MOU Committee determined that the residential development for the site may be approved by the City Council, as the proposed density is consistent with the adjacent existing neighborhood. The Comprehensive Plan has no specific density recommendations for this site; the general land use recommendations for the Primary Residential Area note that density for infill sites such as this one should be compatible with the surrounding area. The applicant's proposal satisfies that recommendation since the density of the proposed development is 2.65 units/acre and the density of surrounding development ranges from 2.71 units/acre (Princess Anne Woods) to 3.5 units/acre (neighborhoods to east). There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. PI nning Commission recommends approval. Submitting Department/Agency: Planning Department Cny Manage~~ t ,Cs'd lNJ-t. I I 1 AN ORDINANCE APPROVING THE APPLICATION OF 2 BALANCE BUILDERS, INC. FOR A CHANGE OF ZONING 3 DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 4 AGRICULTURAL TO CONDITIONAL R-10 RESIDENTIAL 5 DISTRICT 6 7 8 WHEREAS, Balance Builders, Inc. (hereinafter the "Applicant") has made 9 application to the City Council for a change of zoning district classification from AG-1 10 and AG-2 Agricultural District to Conditional R-10 Residential District on 4,523 acres of 11 property located at 2260 Childeric Road, in the Princess Anne District (hereinafter the 12 "Property"); and 13 14 WHEREAS, the application seeks approval for the development of 12 single- 15 family dwelling units on the Property; and 16 17 WHEREAS, the Property is located within Sub-Area 2 of the 65-70 dB DNL Noise 18 Zone; and 19 20 WHEREAS, pursuant to Section 1804 of the City Zoning Ordinance, it is the 21 policy of the City Council that no application for a change of zoning of property for a 22 residential use within Sub-Area 2 of the 65-70 dB DNL Noise Zone shall be approved 23 unless the City Council finds that the proposed development: 24 25 (1) is at a density similar to or lower than that of surrounding properties 26 having a similar use and no greater than recommended by the 27 Comprehensive Plan; and 28 29 (2) conforms to the applicable proVIsions of the Comprehensive Plan, 30 including, without limitation, the Princess Anne Corridor Study, Princess 31 Anne Commons Design Guidelines, or Mixed Use Development 32 Guidelines. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the City Council hereby finds that that the proposed development: 38 39 (1) is at a density similar to or lower than that of surrounding properties 40 having a similar use and no greater than recommended by the 41 Comprehensive Plan; and 42 43 (2) conforms to the applicable proVIsions of the Comprehensive Plan, 44 including, without limitation, the Princess Anne Corridor Study, Princess 45 Anne Commons Design Guidelines, or Mixed Use Development 46 Guidelines. 47 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 48 BEACH, VIRGINIA: 49 50 That the application is hereby approved, subject to the terms and conditions set 51 forth in the Conditional Zoning Agreement dated September 25, 2007, which Agreement 52 was exhibited to the City Council this date. 53 Adopted by the City Council of the City of Virginia Beach on the _ day of 54 ,2008. APPROVED AS TO CONTENT: ~ APPROVED AS TO LEGAL SUFFICIENCY: W ~ Mj);!wJ City Attorney's Office CA-10638 R-1 March14, 2008 2 February 13, 2008 Public Hearing BALANCE BUILDERS Agenda Item 1 Staff Planner: Carolyn A.K. Smith REQUEST: ChanQe of Zonino District Classification from AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District. ADDRESS I DESCRIPTION: Property located at 2260 Childeric Road. GPIN: 24044489820000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 4.523 acres The applicant proposes to rezone the existing 4.523-acre parcel, zoned AG-1 and AG-2 Agricultural, to R-10 Residential District in order to create 12 residential lots. The parcel is currently undeveloped and contiguous to the Princess Anne Woods residential subdivision on the west and portions of the north and south. Existing single-family lots zoned Agricultural are also contiguous to the north and south property lines. To the east is an existing church on property zoned R-20. Currently, the primary access to the subject parcel is provided via a 16-foot wide, unpaved strip along Seaboard Road. The primary access to the proposed subdivision will be a 50-foot wide ingress/egress easement, to be dedicated to the City as right-of-way, proposed along Childeric Road. The City Attorney's Office has validated that this easement was properly created to provide a future city right-of-way for ingress/egress on to the subject site, This site is within the 65-70 dB DNL AICUZ. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped. SURROUNDING LAND USE AND ZONING: North: · Single-family dwellings / R-10 Residential District and AG-2 Agricultural District BALANCE BUILDERS Agenda Item 1 Page 1 South: · Single-family dwellings / R-10 Residential District and AG-2 Agricultural District . Church / R-20 Residential District · Single-family dwellings / R-10 Residential District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is wooded and is entirely located in the Southern Watersheds Management Area. There do not appear to be any significant environmental features on the site; however, floodplain and nontidal wetlands are in the vicinity, AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana and within Sub-area 2 of that AICUZ. In Sub-area 2, rezoning applications may be approved only if the City Council finds that the proposed development is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan, and that it conforms to the applicable provisions of the Comprehensive Plan. As the property is located within the 65-70 AICUZ, review by the City/Navy MOU Committee was required. The applicant presented this proposal to the MOU Committee on November 29,2007. After review of the proposal and discussion, the MOU Committee determined that the proposed density is consistent with that of the adjacent existing neighborhood. The Comprehensive Plan has no specific density recommendations for this site; the general land use recommendations for the Primary Residential Area note that density for infill sites such as this one should be compatible with the surrounding area. The applicant's proposal satisfies that recommendation since the density of the proposed development is 2.65 units/acre and the density of surrounding development ranges from 2.71 units/acre (Princess Anne Woods) to 3.5 units/acre and higher (neighborhoods to east). Other portions of the Comprehensive Plan, such as the Princess Anne Corridor Plan, make no recommendations regarding this site or the type or design of the development. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Childeric Road in the vicinity of this application is a two (2) lane local street. Seaboard Road is currently a two (2) lane collector street. The Seaboard Road improvements project, CIP 2-107, is currently scheduled to begin construction in December 2008, This project is for the construction of a three (3) lane, undivided roadway from Princess Anne Road to the future Nimmo Parkway, a distance of approximately 3,200 feet. This project will also include an upgrade of the intersection of Princess Anne Road and Seaboard Road to include a new traffic signal. The area shown as existing ingress/egress easement on lots 83 and 84 on the rezoning exhibit site plan will be required to be dedicated to the City as a 50-foot right-of-way section. A sidewalk may be required BALANCE BUILDERS Agenda Item 1 Page 2 at the site plan review stage along one side of the main proposed roadway. Further comments will be forthcoming upon final site plan review. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Seaboard Road 3,000 ADT 1 3,700 ADT (Level of Existing Land Use ~ -1 0 Service "C") - 8,700 ADT 1 ADT Childeric Road - (Level of Service "D") Proposed Land Use 3_ no data available 120 ADT , Average Dally Tnps 2 as defined by 4.5 acres of agriculturally zoned property 3as defined by 12 single-family residential units WATER: This site must connect to City water. Hydraulic analysis is required to ensure potential water demand can be met. There is an eight (8) inch City water main in Childeric Road fronting the southwest corner of the site. There is a 12-inch water main in Seaboard Road. There is a four-inch water main within a public utility easement fronting the northeast corner of the site, SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 612 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Construction plans and bonds will be required. There is an eight-inch City sanitary sewer main in Childeric Road fronting the southwest corner of the site. There is an eight-inch sanitary sewer main in Seaboard Road. There is an eight-inch sanitary sewer main within a public utility easement fronting the northeast corner of the site. SCHOOLS:, School Current Capacity Generation 1 Change 2 Enrollment Princess Anne 539 627 3 1 Elementary Princess Anne Middle 1,447 1,275 2 1 Kellam Hiqh 1,956 1,832 2 1 1" " generation represents the number of students that the development WIll add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this area as the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. BALANCE BUILDERS Agenda Item 1 Page 3 Evaluation: The request is complementary to the adjacent, established residential neighborhood and the church to the east. The Comprehensive Plan emphasizes that new residential development be attractive and of high quality and that new housing be compatible in size and scale to adjacent neighborhoods. The Plan specifically states "Generally, in large suburban settings often characterized by many 'single use' zoning districts, land use compatibility is achieved through the process of orienting similar or, at the very least, not incompatible land uses and densities next to one another," (page 90). The rezoning of this parcel from Agricultural to Residential eliminates what is now less compatible Agricultural zoning, as the property to the north, south, and west of this 4.5-acre site transitioned to Residential in 1999. To the east is an existing church on property zoned R-20. The original developer of the adjacent residential neighborhood (Princess Anne Woods) did attempt to include the subject lot in the 1999 rezoning request; however, he was unable to acquire it. It is the hope of the applicant that the homeowners' association for the adjacent Princess Anne Woods neighborhood accepts these 12 lots into its membership. The proffer agreement does require that the future owners of these properties participate in a mandatory homeowners' association, either with Princess Anne Woods or in an association yet to be formed, It is the desire of Balance Builders to direct the storm water runoff from this site to the existing stormwater management facility that serves Princess Anne Woods, The applicant has been meeting with the Princess Anne Woods civic group to discuss storm water management and other development issues related to possible tree preservation and restoration, screening, etc. Further review of the stormwater management strategy will be conducted during final site plan review. In the event that the existing pond cannot handle the additional water or that an agreement cannot be worked with the owners of that facility, the applicant may lose a lot in order to construct a facility to treat the water from this site. Staff concludes that the proposal is consistent with the recommendations of the Comprehensive Plan pertaining to design and quality and compatibility with surrounding uses, and approval of this application is recommended. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA), The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed it shall be subdivided substantially as depicted on "REZONING EXHIBIT 2260 CHILDERIC ROAD," dated 09/14/2007, and prepared by WPL ("Subdivision Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Homeowners' Association. This may be accomplished by amending the Princess Anne Woods Homeowners' Association to add and include this development within the existing Association. This may be accomplished by amending BALANCE BUILDERS Agenda Item 1 Page 4 the Princess Anne Woods Homeowners' Association to add and include this development within the existing Association. All power lines shall be installed below grade. PROFFER 3: When the Property is developed, a wooden privacy fence, 6 feet in height substantially as depicted on the exhibit entitled "CEDAR FENCE DETAIL FOR BALANCE BUILDERS 09/24/07," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be erected and maintained along the rear property line of Lots numbered one (1) through four (4) on the Subdivision Plan. PROFFER 4: When the Property is developed, the Grantor shall retain those existing trees and plant those new trees as depicted on the "TREE PRESERVATION AND PLANING EXHIBIT 2260 CHILDERIC ROAD," prepared by WPF and dated 09/14/2207 ("Tree Planting Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Each lot shall have at least double the required canopy. In addition, the Grantor shall dedicate a Tree Preservation and Retention Easement across the rear ten (10) feet of Lot numbered one (1) through four (4) to the mandatory membership Homeowners' Association described above in Proffer number 2. This easement shall be depicted and described on the final recorded Subdivision Plan which creates the lots. PROFFER 5: When the Property is developed, all homes constructed on the lots depicted on the Subdivision Plan shall have an exterior front surface of brick and all front yards and side yards adjacent to a public street shall be sodded, PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and ensure its compatibility with the adjacent residential area. The City Attorney's Office has reviewed the proffer agreement dated September 25,2007, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes 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. BALANCE BUILDERS Agenda Item 1 Page 5 ---- 0- .J> !.; -: ~'P. ii- i ! I I ., , cl I · I . 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"----', PROPOSED SITE LAYOUT BALANCE BUILDERS Agenda Item 1 Page 7 1007 () 3 Conditional Zoning Change: from AG 1 &2 to Condo R-10 1 08/10/99 RezoninQ (AG-1 &2 to R-10) Granted 2 08/08/00 RezoninQ (AG-1 to R-10) Granted 3 10/14/03 Rezoning (AG-2 to Conditional R-10) Granted 08/05/03 Subdivision Variance Granted 4 06/25/90 Use Permit (church) Granted 5 02/26/90 Rezoning (AG-2 to R-10) Granted ZONING HISTORY BALANCE BUILDERS Agenda Item 1 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership. firm, business. or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Balance Builders, Inc. Paul Wallace, President; Geoffrey Wallace, Secretary 2. List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees. partners, etc. below: (Attach list if necessary) Same as applicant 2. List all businesses that have a parent-subsidiar/ or affiliated business entitl relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 ^ & L See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes. what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 of 12 Revised 11/16,'2006 z o I I !< u I i ~ r". ~ t..::) Z I I Z o N ga ~ o I . F--t I . ~ Z o u DISCLOSURE STATEMENT BALANCE BUILDERS Agenda Item 1 Page 9 z o I I !< u I ( ~ r"1 ~ c;.:, Z I ( Z o N ga ~ o I ( f-c I ( ~ Z o u DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services. real estate services. financial services. accounting services, and legal services: (Attach list if necessary) Jim Beverly, Beverly Commercial Companies WPL, Inc. Towne Bank Sykes, Bourdon, Ahern & Levy 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code S 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular baSIS: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code S 2.2-3101. CERTIFICA TION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days pnor to the scheduled public hearing according to the instructions in thiS package. The undersigned also consents to entry upon the subject p perty by employees of the Department of Planning to photograph and view the site for purp processing and evaluating this application --- '~~k.~ Paul Wallace Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 ReVised 713/2007 DISCLOSURE STATEMENT BALANCE BUILDERS Agenda Item 1 Page 10 Item # 1 Balance Builders, Inc. Change of Zoning District Classification 2260 Childeric Road District 7 Princess Anne February 13, 2008 REGULAR Janice Anderson: The next section will be our regular agenda. I will ask the Secretary to call the first item. Donald Horsley: The first item is item 1, Balance Builders, Inc. An application of Balance Builders, Inc. for a Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-lO Residential District on property located at 2260 childeric Road, District 7, Princess Anne. Jim Beverly: Thank you Madame Chair. Ladies and gentleman, I'm Jim Beverly. I represent the applicant Balance Builders, Inc., which Paul Wallace is here. He is the President and owner of Balance Builders, Inc. I am a consultant and I'm primary commercial. So, I want to start by saying that I want to commend the Planning Commission and City Council for addressing a situation in the city that needed to be ratified, and you've done that. This particular piece of property which is at 2260 Childeric Road adjacent to Princess Anne Woods is a parcel that is non-conforming in its zoning. It's AG-l & AG-2, and it is surrounded by R -10 Residential zoning. What you have done in conjunction with the Navy, is you have come up with a plan, a very good plan, to address these pockets of properties or parcels in the City, and this is one of them. This is a text book example of an AG-l & AG-2 property that should be rezoned to R-lO. We have worked very carefully with the Planning staff. Carolyn Smith has done an excellent job, and we've also worked very carefully with and very closely with the homeowners' association. Most of everything that is in this is in the report. We are here to address any questions that you may have. We're looking at twelve (12) lots, and those lots may be reduced at site plan review depending on water retention and that type of thing. We understand that. We have proffered to put a fence around the property on lots 1 through 4. The ingress/egress has been cleared by the legal staff of the City of Virginia Beach off of Childeric Road. I note this morning Mr. Knight there was a question about a 30 foot versus a 15 foot. If you would look here (pointing to PowerPoint) that looks as ifit is a portion oflot 11, however, when it is developed it will not be a portion of lot 11. That will not be a flag lot. There wili be no entrance there. One thing that I will say, and I've talked to Paul about this and with Mr. Wallace, and once we have determined that a 15 foot strip does not have to have a drainage easement or a utility easement or something to that type, we will dedicate that to the church, that 15 foot strip. Now, let's move up further on the west side. This 30 foot easement was an easement that runs with the land. In other words, it is a perpetual easement. So, when Mr. Wallace bought this piece, that easement came with the property. That is a gravel road, and it has water and sewer in that road. It has never been paved and it is not dedicated to the City. We will only Item # 1 Balance Builders, Inc. Page 2 use that for construction purposes if necessary. We need to make a compression test to make sure that if we bring heavy equipment down that road that it will not damage any of those utilities. So, I just wanted to clear that up Mr. Knight. Mr. Wallace does have in his title policy the rights to that easement. So, this is going, once it is constructed, this will be the main entrance off of Childeric Road. It is a 50 foot right-of-way. Of course, the fence will be right along, six foot cedar fence, which you have seen the design of is running along lots 1 through 4. We've also proffered that along this, if you continue this 15 foot strip all the way to the new road that will be constructed, there is an overhead power line. We have proffered to bury those lines. So, those power lines will be underground. That is pretty much. We've met with the church. They are okay with it. They are anxious for us to get started, and if you have any questions at all, I'll be happy to answer them. Janice Anderson: Thank you. Are there any questions for Mr. Beverly at this point? Donald Horsley: We have speaker in support. Eric Olson. Eric Olson: Good afternoon. Janice Anderson: Welcome Mr. Olson. Eric Olson: Thank you. My name is Eric Olson. I'm the President of the Princess Anne Woods Homeowners' Association. We've worked with Mr. Beverly and Mr. Wallace for approximately the last six months trying to, as best as possible, to integrate this potential development into our community Princess Anne Woods, and try to keep the appearance and as best as possible the appeal of the neighborhood. If you have been back in the Princess Anne Woods area, one of the biggest assets that we have is trees. We have trees lined all the way around because of the wetlands that we have to the south and the west. We were particularly interested in trying to maintain that buffer that we have had for sometime. That is key concern of our neighborhood. We've worked with Balance Builders, specifically, if you seen the proffers, we've asked for a double canopy compared to the normal Virginia canopy. We asked for the privacy fencing along the existing lots that did not have fencing, and we've worked with them to try to determine how best to ease congestion and construction into the neighborhood, which is why Mr. Beverly brought up the 30 foot easement that was coming off of Seaboard Road. It is our intention that once this is approved to work to get the approval of the homeowners to move this development into Princess Anne Woods. We need a two-third majority of the existing homeowners to modify our covenants and bring them in. But we are not in opposition to this development. Janice Anderson: Thank you very much. Are there any questions for Mr. Olson? Thank you Mr. Olson. Donald Horsley: We have another speaker in support. Natalie Jaycox. Janice Anderson: Welcome. Item # 1 Balance Builders, Inc. Page 3 Natalie Jaycox: Hi there. I'm Natalie Jaycox. I am also a homeowner in Princess Anne Woods, as well as a board member. I also live at Lot 83, which is one of the homes affected by the easement approximately 25 feet will be taken away from my lot as well as my neighbor Michelle Warden, who is here today as well. So, we are dramatically impacted by this, and have worked very closely with Paul Wallace to see that some of the issues of greatest concerns of the neighborhood are addressed. While most of them have been, and we appreciate the proffers that they have voluntarily submitted, there are a few details, which were mentioned this morning at the 9:00 a.m. meeting that we want to continue to see addressed. They have included some language that provides for a restoration and a preservation plan. Because again, as Erick mentioned, trees have been our number one issue. That is something that makes the neighborhood set apart from others, and it is one of the main reasons many of us purchased homes in that neighborhood. So, to sort of provide some greater detail to that restoration and preservation plan, we have submitted language that we would like to see included including working with an arborist, working with a landscape architect to replace and properly replace any new trees that can't be retained. And to work within a buffer, one of the things that we discussed back and forth is creating that buffer along lots 1 through 4 to set aside trees to separate the property from the current homeowners to the new homeowners. So, if you see a 20 foot setback along there is to leave as many of the trees possible within that space would be something that we look for. Again, placing temporary fencing around the drip line of those trees that we are able to preserve would be wonderful too. Again, these are just a few things that will help improve the integrity of the neighborhood, and again, we appreciate the opportunity to work closely with Paul Wallace. Thank you for your time. Janice Anderson: Thank you Ms. Jaycox. Are there any questions for Ms. Jaycox? Thank you. Natalie Jaycox: Thank you. Donald Horsley: The next speaker is unsure of whether to support or opposition. Robb Torgler. Robb Torgler: Hi. I'm Robb Torgler. I'm a Princess Anne Woods homeowner as well. My house is on Arklow Road, which buts up to the construction easement, I guess which is going to be used for, and I don't know if it is for the removal of trees or bringing in vehicles. There are also three houses along that lane that use that as their only way in and out. It is basically their driveway. And, when I spoke with them earlier in the week, they had not been made aware of anything so they are not here today. But, their concerns were, because they do use their own money to keep that road upgraded and have gravel brought in every year to make it accessible for their own homes, what, if any modifications we going to be done to that lane, if there were going to be any improvements made, if there was damage done to it, who would take care of it? And basically because they use it as driveway, as I do with lot 2, how that would be going about because it really didn't address anything? Janice Anderson: Thank you. Are there any questions for Mr. Torgler? Item #1 Balance Builders, Inc. Page 4 Donald Horsley: I have a question. Where do you live? You say you use that easement? Robb Torgler: I'm not really sure where the construction easement is on this? My lot number, I believe is 51, but I can't really remember that either. But I am at the very back of Arklow Road. Donald Horsley: So you use the right-of-way that goes out to Seaboard Road is your driveway? Robb Torgler: Yes. Well, it is a secondary driveway for me. It is a primary driveway for three houses at the end of the lane. Donald Horsley: Okay. So, that is not really your primary ingress/egress? Robb Torgler: Well, about half and half. Donald Horsley: Okay. Janice Anderson: Are there any other questions? We'll try to ask Mr. Beverly to address that when he comes back. Robb Torgler: Okay. Because the road obviously would need to be modified from the way it is right now to get those kinds of vehicles back there. I have a trailer that I use to access that lane, and it is all that I can do to cut through there. So, to bring a big logging truck back in there is going to require some modifications to the width and the radius of the turn coming in off of Seaboard Road. Janice Anderson: Okay. We'll have him address it. Thank you. Robb Torgler: You're welcome. Donald Horsley: Okay. Our next speaker in opposition is Kevin Collins. Kevin Collins: Good afternoon. I'm Kevin Collins. I was unable to attend all the meetings in the past. I know I have been to subdivision meetings. I've met with the builders, the property purchaser discussing with me the options but I would like to express my concern today about this proposed subdivision building. In response first to Jim's response, I think the church would be anxious because they are going to benefit from this project that is being expressed to you all. Secondly, he mentioned that this is totally surrounded by residential. It is not entirely surrounded by that, as laid out in the property Planning Commission's zoning laws for that area right there. Section 400, legislative intent of the Code of Virginia Beach defines agricultural districts as to protect and preserve agricultural lands for agricultural functions, and to protect and preserve agricultural lands and activities in the rural areas of the City. Members of the Planning Commission, Department of Planning and Community Development, Princess Anne Woods homeowners, Balance Builders, legal staff, Item #1 Balance Builders, Inc. Page 5 and others I have missed, thank you for giving me this brief opportunity to view my concerns in regard to the land to be purchased and rezoning behind my home located on lot 86 of Princess Anne Woods subdivision. I like to show you if I may. Janice Anderson: Yes. We would if you could. Ed Weeden: There is a laser pointer next to the microphone. Kevin Collins: I'm right here (pointing to PowerPoint). This is my house that backs right up to this proposal. I've lived in my home since July 2002. I bought the home prior to many homes being built in the neighborhood, which would have allowed me to purchase many other sites not yet purchased. We were told that the property in question was in litigation and would probably never be rezoned due to the pending litigation. I purchased my home due to the view ofthe woods in the front and back of my home, and amongst other reasons. For the record, I'm opposed to the rezoning of the property to residential from agriculture for the following reasons. Aesthetically, the woods in Princess Anne Woods would be no longer. Traffic, if you would add two cars per house in that subdivision and add another two cars for the 50, that would be at total of 24 cars for that, so in front of my house alone, I'm going to have about 358 cars going by my house probably two times a day. I also see in the future that near traffic capacity of possibly opening the back ofthe subdivision on to Seaboard Road and traffic being even worse due to adding traffic from Southgate. I moved into the subdivision due to its quietness and no outlet design. If the rezoning is approved, then I recommend that all Princess Anne Woods Board and homeowners' recommendations along with my additional concerns be adopted as requirements for the new development. I have a list of concerns. Setback applications, minimal home size and lot size is too small. Our lots are 14,000 to 18,000 square feet not 10,000. Use the easement and not Childeric Road during the construction phase. That is what they were talking about that top easement road. My taxes are too high now and what impact would these new homes have on our assessments? Kellam High is overcrowded, the by-laws of Princess Anne Woods be applicable to the new homes. Will the builder have the responsibility for cleaning our homes from the dirt and dust that will develop? With homes not selling presently, I do not see the need for more homes, There are vacant lots and new subdivision in the immediate area that are not being built on or took a minimum of a couple of years to complete building the homes. Now is not the time to rezone this property, fire hydrants, water distribution systems, transitional buffers, planting of trees and residential lots and along residential streets, height requirements, sign regulations. Are they going to put a subdivision sign? Last week I had a gray fox come up to my deck. I hear owls in the trees. I see deer using the land to survive. The cycle of life will be upset if this rezoning is approved. I have great concern with the project oversight. When I got my first notice of the first rezoning it was 15 days late. The notice also lists my property as the property being rezoned, which I think is in error. The Zoning Administrator must be fully engaged in this. Again, as stated in my opening comments for the Code of Virginia Beach to protect and preserve agricultural lands for agricultural functions. Thank you for your time. Please do not allow this rezoning. We do not need another vacant lot around here nor do I think we need additional housing in the area. There is no shortage. I would also like to thank Balance Builders and Jim Beverly for the Item # 1 Balance Builders, Inc. Page 6 compassion and willingness to work with Princess Anne Woods Homeowners' Association and to follow through with that compassion. Janice Anderson: Thank you Mr. Collins. Does anyone have any questions for Mr. Collins? Okay. Jay? Jay Bernas: A quick question for you. You made a list of things that you're looking for. Let's say this does get approved, what would help mitigate some of the things that you're concerned about? For example, they have a fence running through from lots 1 to 4 would you prefer a fence coming along that property line? What other things would help mitigate your concerns? Kevin Collins: Our subdivision Board of Directors and committee has submitted to them a list of items that we would like to see adopted, which basically in short would have them make, in my opinion, make the subdivision look more like our subdivision, and comply with the building code of our subdivision. In other words, if you got brick faces, they got brick faces. Sizes are equal. Lots are equal, which we already know can be from what I referenced here smaller than our lots, smaller homes built. I was told the smallest square footage home there was going to be smaller than the square footage homes right there in the area. I'm opposed to that. In aesthetics, I think that is my terminology from what you're asking me. Yes, I do have a property line there. A fence would help. Again, I'm totally opposed to this. I bought my house for woods in the front and the back. I was told it was in litigation and that it would stay that way for along time. There was no time frame. Again, the woods in Princess Anne Woods would disappear. So, as long as they adopted the rules or the items that we have proposed to them, and they're willing to do that, I'm pretty sure that from prior meetings that I've had with them, and the Board of Directors, I think the project would go well. I'm just opposed to it. Janice Anderson: Are there any other questions for Mr. Collins? Thank you. Donald Horsley: We've got another speaker in opposition. Janice Lown. Janice Lown: Good afternoon. Janice Anderson: We1come. Janice Lown: Actually, I'm not opposed to the project. I have concerns. Janice Anderson: Please state your name ma'am? Janice Lown: I'm sorry. Janice Lown. I am a Princess Anne Woods homeowner. I am Natalie Jaycox's next door neighbor, so I live directly behind the lot 1. I believe it is, so I will be directly impacted. You sit in my lovely kitchen and family room and look out on the woods. My main concern is that we maintain the aesthetics to the neighborhood with retention of the trees. When I purchased my home there were seven mature trees left in my Item # 1 Balance Builders, Inc. Page 7 yard. All of them are gone because the proper precautions were not taken by the builders to retain those trees to be viable. What is not included in the proffers, which I would like to see some efforts put in place? What the builder will do to maintain the viability of the existing trees that are there within the 10 foot buffer which he has stipulated? I know that it will be inconvenient for him to maintain that buffer. It will impact his ability to grade the property in a very cost effective way but I think our attention to this detail at this point in time and his efforts in that retention of those trees will payoff in the long run for everyone in the neighborhood. When you drive down Childeric Road you can see the trees behind all of those houses whether you live adjacent to that property or not. So, I think the retention of the trees, although I'm not "Miss Green" or anything, is the most important thing to the development of this property. And I would like to see that indicated that in the proffers, and at very least, I would like to see some specific language in the final site plan that is proposed, such that along the ten foot buffer as well as the canopy area double of what is required that he has indicated would be maintained, and some specific things that would help to keep those trees viable. Janice Anderson: Thank you. Janice Lown: Thank you. Janice Anderson: Are there any questions? Thank you ma'am. Donald Horsley: We have one other speaker in support. Michelle Warden. Janice Anderson: Welcome ma'am. Michelle Warden: Good afternoon. My name is Michelle Warden. I am a Princess Anne Woods homeowner as well. I'm actually lot 84 with the easement. I just wanted to have my concerns heard. We bought our property last July and unfortunately the easement wasn't documented on our paperwork when we bought the house. It wasn't on our titles. We didn't even know the easement existed. There is nothing that we can do about that. One of the reasons why we purchased the house is for the trees as well. That was one of the things that we definitely wanted was the trees. So, I would ask, and I know currently we are talking about a 10 foot stretch of land of trying to save some of the trees. I would request that would be made to 20 feet between those properties to try to save some of the larger mature trees. There are a few trees behind the property that are, like I said, they are very large trees that I would hope they would try to maintain those, and, also with the burial ofthe electric lines. We went down through our property just to be aware of the fence there that if any damage done to that already exists that they make those repairs. Janice Anderson: Thank you. Are there any questions? Thank you ma'am. No other speakers? Donald Horsley: No other speakers. Item # I Balance Builders, Inc. Page 8 Janice Anderson: Mr. Beverly? Jim Beverly: I don't know where to begin. We really have made every effort to accommodate the concerns of the Homeowners' Association, the Princess Anne Woods. There was a comment made that the density is going to be greater than what the Princess Anne Woods is today, and Ijust want to refer you to the report. The density of the proposed development is 2.65 units per acre and the density of the surrounding development ranges from 2.71 units per acre (Princess Anne Woods), and 2.35 units per acre neighborhoods to the east. So, this development has less density than Princess Anne Woods, and that is by your own staff. We have determined that there is no detriment to traffic on this road. You got 12 homes. You know, if you have 2 children per house, you're looking at 24 kids, and I don't think you can imagine that all of them are going to one school. If you look at also the report from Carolyn Smith, the schools are not impacted by this at all by this development. The other thing that I want to talk about is that we have diligently worked on a tree preservation program, a plan, and Mr. Wallace has engaged a landscaping architect. We hear them loud and clear. I don't blame them. The trees are very important. However, we would save, and this is what we have said since day one, we will save as many trees as the City of Virginia Beach will allow us to save. Because when you come in and put in drainage pipes and utilities, some trees have got to go. An example of that is Mrs. Matthews has a piece of property behind the 7-Eleven across from Nimmo Church, all standing pines, every one of them gone. That is on 25 acres ofland. And, the City of Virginia, I understand, requires that to happen because you come back and replant. We have proffered to replant double what the City requires us to do. And, that is by volunteering a proffer. We've also proffered, again bury the lines at Mr. Wallace's expense. The lady that was up here last has a flooding problem in the backyard. Mr. Wallace offered to fix that when he is developing this property. Natalie, who we have been working with very closely, lives on lot 83, which is impacted by the entrance, and by the way, this easement was recorded before the first lot was sold. I don't want anybody to have a false impression that somebody slid in this easement after these lots were sold. It is at the courthouse. It is on record in the court. We really tried to accommodate Natalie and her concerns with saving trees. Mr. Wallace has asked her to walk with him throughout the property and they will tag any and all trees that she would like to see or the Homeowners' Association would like to see saved. We have never said, never said that we will save all the trees because it would not be the truth. We can't do it. You just can't do it. In a meeting with City staff that was also reiterated by staff. You can't save every tree on a 4 Yz acre piece. We will do our best. That is the best that we can do. So, are there any other concerns? We've addressed every concern we thought we heard a few new ones this morning. But we've met with them 3 or 4 times, and of course these neighbors had every opportunity to come at those meetings, and some of them just didn't come. Janice Anderson: Okay. Mr. Horsley? Donald Horsley: Go back on that easement up there. Jim Beverly: The 30 foot? Item # 1 Balance Builders, Inc. Page 9 Donald Horsley: Yeah. Jim Beverly: The 30 foot easement? Donald Horsley: Yeah. Tell us who's got right-of-way. Jim Beverly: Well, the gentleman that came up here, I don't think he has a right to use it. He would have to show it to me in writing because when this subdivision was platted, that easement pretty much went away for those lots owners. So, this piece of property, which was acquired by Mr. Wallace, as a 4.5 acre site was not a part of Princess Anne Woods, and therefore, by title, he has the right to use that 30 foot easement. Now, we don't want to get carried away with this 30 foot easement because we may not use it. He may not use it but if he does, he will repair it. And, there will be a test done where by he is not going to break up the sewer lines that is in that 30 foot easement. He doesn't want to do any damage to that road. And, any damage he does do he will grade it. He has his own equipment. That is the advantage of Mr. Wallace. He has his own clean up crew and equipment. He controls the entire development with his own people and equipment. Donald Horsley: So, are there two homes back there that has a right to this easement also? Jim Beverly: Yes. I did visit a lady's son, Anthony Cason, who lives all the way right there (pointing to PowerPoint). He lives right there. He's got no problem. As a matter of fact, there is a whole bunch of dumping going on right in this area right here with trash and all of that will be cleaned up. And, people are walking through this right now, and that will be eliminated. The 20 foot buffer, we can't do that. That 10 foot, I think is extremely generous because if you go into 20 feet you're going into the footprint of the lot. And, I just don't think the lot owners ofthis development should suffer. Donald Horsley: Thank you. Jim Beverly: Is there any other questions? Janice Anderson: Barry? Barry Knight: Mr. Beverly? Jim Beverly: Yes sir. Barry Knight: Just to clear it up. You said that on that construction road if you use it you're going to maintain it in at least in as good of a condition or if not better than it is now. Jim Beverly: Yes sir. Absolutely. Barry Knight: Okay. There was also some concern about trying to blend these homes with the homes of Princess Anne Woods. Item # 1 Balance Builders, Inc. Page 10 Jim Beverly: It is in the proffers. Barry Knight: Okay. Tell me if you will, what are the minimum square foot of these homes? Jim Beverly: I believe it is 2,500 feet. Any houses facing the street will have front brick. It will have brick on the front. It will be as good if not, and I don't want to say better because I don't want to make anybody mad, but it will be as good. These houses and lots will sell in the range of $550,000 to $650,000. It will put this on the tax roll. Barry Knight: Is that a square foot minimum that you have in your deed restriction equal to or greater than theirs? Jim Beverly: Yes. Barry Knight: It is. Okay. I think, what I hear is that there is a great concern with the residents who spoke about a restoration and preservation plan to try to save as many trees as is possible. And, I think, and I'm going to recommend with the consent ofthe rest of the Commission of course, is maybe adding another proffer between here and Council asking you all to put in the proffer a restoration and preservation plan on the trees that was compiled by a landscape architect and an arborist and that way it is identified right there. You know, like I know we don't want the skin off a tree with a dozer if we don't have to and say, "oops", but if they are identified and there in the plan, and there are tagged, then I think it would help ease all the pressure on both sides. Jim Beverly: Absolutely. We fully agree with that. There is no problem whatsoever. Janice Anderson: Are there any other questions? Go ahead Jay. Jay Bernas: Not to add on to the whole tree issue but on top of what Commissioner Knight was saying, the restoration plan is good for the construction but what about the homeowners that own the lot? Are they going to be able to cut down the trees? Is there going to be a deed restriction on that? Jim Beverly: I'm not sure. They would have to adhere by the mandatory Homeowners' Association Covenants and Restrictions. And it would be in those covenant and restrictions. As Eric Olson indicated, we want to become a part of Princess Anne Woods. They do, and I know because he has told me that they do have a restriction on the removal of trees, and planting of trees on each and every lot in that subdivision. So, yes we would adhere to that. And, if for some reason we cannot become a part of Princess Anne Woods we would mirror their restrictions and covenants. Jay Bernas: You had referenced that you proffered to underground one of the existing overhead utilities, but I didn't see that in the existing proffers. Is that somewhere? Jim Beverly: We submitted an updated proffer. I think you heard that this morning. Item # 1 Balance Builders, Inc. Page 11 Janice Anderson: Was that the one we were handed out? Jim Beverly: Yes ma'am. Janice Anderson: Thank you. Jim Beverly: It is in there. As a matter fact, paragraph 2, "all power lines shall be installed below grade." Does that answer your question? Jay Bernas: Yes. I was confused by the format. It wasn't in the city proffer. Bill Macali: Madame Chair, I need probably to make a comment about that. Janice Anderson: Okay. You haven't looked this over yet? Correct. Bill Macali: I think Ms. Wilson has looked that over but be that as it may unless it was submitted 15 days ago, which it apparently wasn't, they are not something that the Planning Commission can consider in this, so you got to base your decision on the existing proffers that are in your agenda. That is not to say that the proffers can't be changed between now and City Council, but right now the proffer that Mr. Beverly mentioned really doesn't really legally exist for this body's consideration today since it hasn't been filed more than 15 days ago. Janice Anderson: Okay. If there is a motion to approve with additional proffers to be added between now and Council then those could be. Bill Macali: As long as they are filed prior to the Council hearing it at least 10 days prior to the Council meeting. They have to be approved by us at least 10 days ahead of the Council meeting. Janice Anderson: Okay. Thank you Mr. Macali. Do you have anything to add Mr. White? Are there any further questions for Mr. Beverly? Jim Beverly: Thank you very much. Janice Anderson: Al Henley. Al Henley: I have a question. Now back to the easement again, and very quickly. You indicated that there was sewer and water going to those two residences? Jim Beverly: Yes. Al Henley: Is that a grinder pump force main? Jim Beverly: I think it is gravity but I'm not sure. We're not going to use those utilities. Item # 1 Balance Builders, Inc. Page 12 Al Henley: I know you're not. The only reason why I mention that is it if a gravity line, I feel confident it is not a gravity line. I believe it is a grinder pump force main leading into a manhole in Seaboard Road, but regardless, those systems can be very shallow, so if you option to use that easement, there is a very good probability that utility will be damaged. If it is, of course, you will be liable for that. But also that is also important for those residents who live back there, I think it would be. You have already acknowledged that you agree to maintain that end to restore it, if not as well better than the condition then you found it, and hopefully you will abide by that. There isn't anything more frustrating than a resident trying to get to his home and it's a hassle. I'm sure you can relate to that. Jim Beverly: Yes sir. Al Henley: That is all that I have. Jim Beverly: Thank you. Joseph Strange: I just have one question. The homeowners seem to have some type of check list. Have you seen that checklist? Jim Beverly: We have. Joseph Strange: Have you gone over this? Jim Beverly: We have gone over this. Yes sir. Where we came to a wall, so to speak was the two-thirds vote meeting in Princes Anne Woods to incorporate this new development into their association. Joseph Strange: What percentage of the items were you able to reconcile? Jim Beverly: Quite a few. We have an agreement actually. Joseph Strange: You do? Jim Beverly: We do. Yes sir. Mr. Olson can verify that. We went through item by item, and we added those proffers in legal form, and they will be in front of City Council in ten days before the meeting. Joseph Strange: Okay. Thank you. Jim Beverly: Yes sir. Janice Anderson: Are there any further questions ofMr. Beverly? Thank you. Mr. Olson? I believe Gene Crabtree will sponsor you. Do you have new information? Gene Crabtree: I'll sponsor you if you have something new. Item # I Balance Builders, Inc. Page 13 Janice Anderson: Do you have new information? Eric Olson? Yes, I do. I would like to address some of the issues that were brought by Mr. Beverly. Starting with the tree line, and the proposal to put specific proper language in the retention and restoration plan, we're fully in support of that. Princess Anne Woods Homeowners' Association offered to pay for an arborist to go out and properly mark trees that either good or bad for homeowners' association, our trees that the arborist felt that they could retain based on construction. Past experience, as Janice mentioned, where she had mature trees that because of the construction they were no longer viable and they died. And that is information we need to know. We don't want to mark trees that are not going to make it. And, we would like to maintain the mature trees as best as possible, and would like that in the restoration plan. Some other issues mentioned and some specific issues that we agreed too. We sat down with Balance Builders and tried to come up with language for the proffers, and also for an agreement between Balance Builders and the Homeowners' Association. We had most of the language that we requested in the proffers but there is no agreement or letter that we have received yet from Balance Builders agreeing to every item, that you mentioned on the checklist. We did work through most of them. The biggest issue comes down to the retention and restoration plan. That is our number one issue. To support what Mr. Torgler said about his access. There was access granted to him when he bought his property. It was part of the original plan when he dealt with Beco Builders who developed Princess Anne Woods, so he does have access to that 30 foot easement. He is the only homeowner that I know of in Princess Anne Woods that does. The remaining houses are those AG-2 properties that you see scattered to the north and east of that property. Once again, the language on that restoration and retention and the proffers is the most important to us because that is the number one concern of the community. Janice Anderson: Thank you. Are there any questions for Mr. Olson? Jay Bernas? Jay Bernas: So, have you seen this version of the proffers? Eric Olson: We have seen that version of the proffers. Jay Bernas: Is this what you were referring too? Eric Olson: Yes. It is very close to what we had been trying to work with Balance Builders. We understand their concerns. The thing that we are particularly looking for the clear marking that was mentioned by Mr. Knight. We would clearly mark those properties. And, yes, Paul had agreed to walk the property with us and try to mark those trees but we felt in our best interest to have an arborist go with us when we do that in the future. So, it will be marked on the property and it will be someone who knew what he was doing, and telling us what trees. Just because we like the tree doesn't mean that tree is going to survive. And, then on the south side, if you look at the southern side of the building starting from lot 84 to 87, and the burying of the cables, were also concerned there because obviously the power line have cut down. They push the trees back on that property, so there really are no trees facing the southern properties. But we're also concerned about trying to maintain where possible Item # 1 Balance Builders, Inc. Page 14 where the underground, when you bury the lines we are going to try to get some tree covering there as well. Because right now, there is tree cover but it is behind the power lines and now that is going to be in the main parts of lots 11 & 12, and we would like to move something a little bit closer to the community. Janice Anderson: Any other questions? Thank you. Discussion? Donald Horsley: I'll start. It seems like the major problem here with this development is the tree retention and restoration plan. And, you know, these people bought these lots, and the other neighboring developments, and they saw these nice woods back there, and they thought it would stay that way forever. It just doesn't happen that way. I think the developer is doing all that he can do to maintain as many trees. He will plant trees. And often times, I've seen development where they left trees that really should have been destroyed, and trees replanted. When you take all the other trees away from a tree, a lot of times it grows different. So, not to say that we need to mow everything down, but I think the idea of the arborist, I do like that idea, to go in and help mark trees that can be saved because a lot of times you go in, and like it is stated here, this is a beautiful tree but it will be in the middle of where a house is supposed to be put, and you just can't keep that. So, I think the restoration part of this process seems to be one of the most important parts to make sure they are healthy trees to be put back where they need to be put. I think if we can overcome that, I think the rest of the concerns have been addressed. I'm in favor of this project. As far of the remaining agriculture, there is no agriculture value to this piece property, 4. 5 acres surrounded by the homes and the church, there is just no agriculture value to it. So, I think this is the best use for this piece of property, and I think the builders have done a good job in trying to incorporate it into the community, and I say we just have to address this tree issue. I think this restoration plan that he is talking about with the guidance of an arborist. The City used to have an arborist. Do they still have an arborist Jack? Jack Whitney: Yes. I believe, actually that position may be vacant at the moment. We do have one and if it is, it is in the Department of Parks and Recreation. If it is, we can work through our extension office and provide a list of qualified arborists in the community. Donald Horsley: Right. I think that can be overcome. So, I'm in favor ofthe project. Whenever anyone is ready to make a motion, I'll support it. Janice Anderson: Barry? Barry Knight: I'll put a motion on the floor to approve agenda item 1, Balance Builders, with the addition of two proffers between Planning Commission and Council. One proffer for burying electric and utility lines as so noted, and the second proffer with a Restoration and Preservation Plan on trees, and this plan to be written by an arborist and a landscape architect with input from the Princess Anne Woods Homeowners' Association. Janice Anderson: Mr. Knight, I believe there is one other new condition. It is fencing on lots 1 through 4. That is on the written but not on our proffers. You want to add that one also? Item # 1 Balance Builders, Inc. Page 15 Barry Knight: I'll add it but not include it. I thought it was under site plan review but I'll add that if it needs it as far as the verbage to the fence as it is depicted. Janice Anderson: Okay. Donald Horsley: I'll second it. Janice Anderson: A motion by Barry Knight and a second by Barry knight. Ms. Katsias, do you have any discussion? Kathy Katsias: No. Janice Anderson: Any further discussion? Jay? Jay Bernas: I would also like to add, and it is a little difficult because were looking at two different sets of proffers but I think one of the other key ones is each lot should have double the required tree canopy. Barry Knight: I think that would probably go under the restoration and preservation plan for the entire community. Jay Bernas: Because it was listed under a separate one, under number four on the other one that was separately submitted. Janice Anderson: Okay. Jay Bernas: So, that is one ofthe things that they were willing to do. Janice Anderson: Yes. Mr. Crabtree. Eugene Crabtree: I like what he says. I intend to agree with Barry. That is probably included in the restoration. But I think now we're trying to put something in there that would be the arborist's decision. That is why we're going to hire an arborist to make that decision to be canopy to be in there. I don't think we can say double it without the arborist saying "yes, this is feasible". On some lots it may be and on some lots it will not be. Janice Anderson: It can be included. Jay Bernas: I think the intent of when they do their restoration plan if there were trees that couldn't be saved. It clearly states that they will be replaced on a 2 to 1 ratio. Because you can have the tree and restoration plan, which is fine when you protect the trees but the ones that have to be taken, I think we should probably be clear that we replace that on a 2 to 1. That is what he is saying he will do. I guess that is the differential. It is covered in the restoration plan but we might want to specify that. Item # 1 Balance Builders, Inc. Page 16 Janice Anderson: Mr. Knight, would you be agreeable to have that as part of the restoration plan with the arborist? Barry Knight: It can be noted on the verbatim, I think. In here, it could be taken into consideration with the restoration and preservation plan. Yes. Janice Anderson: Any other further discussion? We're ready for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Balance Builders, Inc. with the addition of a proffer indicating restoration and preservation plan for trees, burying electrical lines. Janice Anderson: Thank you. Next matter? CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6908 DATE: March 14, 2008 FROM: Leslie L. Lilley" '\II \ \ "\ B. Kay Wilson~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Balance Builders, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 2008. I have reviewed the subject proffer agreement, dated September 25, 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 fu rther. BKW/kaa Enclosure cc: Kathleen Hassen BALANCE BUILDERS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of September, 2007, by and between BALANCE BUILDERS, INC., a Virginia corporation, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 4.523 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-l and AG-2 Agricultural Districts to Conditional R-IO Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2404-44-8982 PREPARED BY: Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 I SYKIS, BOURDON. I AllrnN & 1M. P.c. 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-IO Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided substantially as depicted on the "REZONING EXHIBIT 2260 CHILDERIC ROAD", dated 09/14/2007, and prepared by WPL ("Subdivision Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Homeowner's Association. This may be accomplished by amending the Princess Anne Woods Homeowner's Association to add and include this development within the existing Association. All power lines shall be installed below grade. 3. When the Property is developed, a wooden privacy fence, 6 feet in height substantially as depicted on the exhibit entitled "CEDAR FENCE DETAIL FOR BALANCE PREPARED BY: BUILDERS 09/24/07", which has been exhibited to the Virginia Beach City Council and is I, ASYKIS. ROLURDON, on file with the Virginia Beach Planning Department, shall be erected and maintained llmN & M. p.c along the rear property line of Lots numbered one (1) through four (4) on the Subdivision 2 along the rear property line of Lots numbered one (1) through four (4) on the Subdivision Plan. 4. When the Property is developed, the Grantor shall retain those existing trees and plant those new trees as depicted on the "TREE PRESERVATION AND PLANTING EXHIBIT 2260 CHILDERIC ROAD", prepared by WPL and dated 09/14/2007 ("Tree Planting Plan") which plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning. Each lot shall have at least double the required tree canopy. In addition, the Grantor shall dedicate a Tree Preservation and Retention Easement across the rear ten feet (10') of Lot numbered one (1) through four (4) to the mandatory membership Homeowner's Association described above in Proffer number 2. This easement shall be depicted and described on the final recorded Subdivision Plat which creates the lots. 5. When the Property is developed, all homes constructed on the lots depicted on the Subdivision Plan shall have an exterior front surface of brick and all front yards and side yards adjacent to a public street shall be sodded. 6. Further conditions may be required by the Grantee during detailed Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments, to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the PREPARED BY: Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code B SYKIS. ROURDON. of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with I MlrnN & llVY. p,c. 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: ;) SYJ([S. ROURDON, I AllrnN &. 1m. P.c. 4 WITNESS the following signature and seal: Grantor: By: (SEAL) STATE OF VIRGINIA CTIY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 27:tb. day of September, 2007, by Paul B. Wallace, President of Balance Builders, Inc., a Virginia corporation, Grantor. My Commission Expires: Notary Registration No.: . .......... It, t '" . ~a!t; I" :o.,'i ..........8,_ "', f yiOTARY...~~ ~ ~~r PUBlIC "~ ~ =.1 _# ~34881 -'.';0 i - f ..,IO>I'Uq,I"(>!ON: - : \ ..... """....IV..."'~ t' : ~ .0:. EXPIRES ; ~ - . . - &....9JJIlI201~....;;" ,l ' ,. ~A", ...... ,.,c.~'-., . ..~,,~ v'' ',. AlT~ \\\\' '/ I 111111 "" PREPARED BY: [3 SYk'IS, ROURDON'. II AHhRN &. LM. P.c. 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of real property located in Princess Anne Borough (formerly Seaboard Magisterial District) of the City of Virginia Beach, Virginia (formerly Princess Anne County Virginia), presently shown on the Tax Maps of the Assessor's Office of the City of Virginia Beach, Virginia as Tax Parcel 2404-44-8982-0000. The said parcel of land contains 4 acres, more or less, and is the same parcel of land devised to George Billy Cason by his father William Henry Cason in Will Book 8, at Page 112 as the house which George Billy Cason resides and 4 acres of land surrounding it. The said parcel is bounded on the North by a 30 foot road as shown on a plat recorded in Deed Book 1638, at Page 382, which said road provides a 30 foot right of way for this parcel to Seaboard Road, on the West by Princess Anne Woods Phase One Subdivision and Childeric Road as shown on a plat recorded in Map Book 293, at Page 82, on the South by the said Princess Anne Woods Subdivision and on the East by the land owned by the Gift of Life Church of God and Seaboard Road. This conveyance includes the right to use said 30 foot right of way for ingress and egress to and from Seaboard Road. The said parcel is shown on the Plat of Princess Anne Woods recorded in Map Book 293, at Pages 79 thru 94. GPIN: 2404-44-8982 ConditionaIRezone/BalanceBuiders/Proffer F'REPARED BY: 8 SITt:s. ROURDON, I MilliN Ii lEVY. P.c. 6 M. APPOINTMENTS BIKEW A YS and TRAILS ADVISORY COMMISSION COMMITTEE re LATE PAYMENT OF REAL ESTATE TAXES HUMAN RIGHTS COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 (Workshop) April 15 (Workshop) April 17 (Public Hearing) April 22 (Workshop) April 22 (Public Hearing) April 29 (Workshop) May 6 (Reconciliation Workshop) May 13 (Adoption) Council Conference Room Council Conference Room Green Run High School - 6 p.m. Council Conference Room Council Chamber - 6 p.m. Council Conference Room Council Conference Room Council Chamber - 6 p.m. CITY COUNCIL ONE-DAY RETREAT MAY 12, 2008 8:30 a.m. - 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 a.m. - 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* 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 03/25/08 afb www.vbl!ov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: March I 1,2008 M B L D C E L E D H C R A W PAGE: ] 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 ITEM # SUBJECT MOTION VOTE P E E E E A R ] V 0 0 H L R Y S N F N A N D ] BRIEFING: HEALTH CARE PROGRAM PLAN Susie Walston, Co- Chair, Benefits Executive Committee WilL' CERTIFICA TION OF CLOSED CERTIFIED I1-0 Y Y Y Y Y Y Y Y Y Y Y IVN- SESSION E A F/GIH MINUTES B S Informal/Formal Sessions 03/04/08 APPROVED 10-0 T Y Y Y Y Y Y Y Y Y Y A I N E D 1-] Ordinance to a Lease Agreement with DEFERRED ] ]-0 Y Y Y Y Y Y Y Y Y Y Y Ranco Road Associates, L.C., re (EMS) INDEFINATELY, administration office BY CONSENT 2 Resolution to AUTHORIZE Don-binding ADOPTED 8-3 N Y N Y Y N Y Y Y Y Y term sbeet re PHASE IV of TOWN CENTER: requesting approval of Develop Aty/AUTHORIZING supplemental project documents. J-l RUNNYMEDE CORPORATION closinr!" DEFERRED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y portion of Cleveland Street @ INDEFINA TEL Y, WitchducklNewtown Roads BY CONSENT DISTRICT 2 - KEMPSV]LLE 2 Variance to 95b of Site Plan Ord that all lots APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y meet Floodplain Regulations for CONDITIONED JASON/AMY PRZYMUZALA a160] BY CONSENT Cypress Avenue DISTRICT 6 - BEACH 3 CUP: a. KATHERINE M. GRIER, re church in a APPROVEDI Shopping Center at ]628 Independence CONDITIONED ] 1-0 Y Y Y Y Y Y Y Y Y Y Y Boulevard, Suite ]504. BY CONSENT DISTRICT 4 - BA YSIDE b. BOB SIMEONE bulk storage at 2633 DENIED 7-4 N N Y Y N Y Y Y N Y Y Production Road. DISTRICT 6 - BEACH 4 PRECISION MEASUREMENTS, INC, APPROVED C02 from AG-2 to 0-1 at 3021 Holland WITH CERTAIN Road. EXTERIOR I1-0 Y Y Y Y Y Y Y Y Y Y Y DISTRICT 7 -PRINCESS ANNE BUILDING MATERIALS, BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: March 11,2008 M B L D C E L E D H C R A W PAGE: 2 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 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D K APPOINTMENTS BIKEWAYS and TRAILS ADVISORY RESCHEDULED B Y C 0 N S E N S U S HUMAN RIGHTS COMMISSION COMMUNITY SERVICES BOARD APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Martin "Marty" Hierholzer Three year term Consumer 1/1/08 - 12/31/10 MINORITY BUSINESS COUNCIL APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Aubrey Wilson Unexpired thru 5/31/08 + two years to 5/3 1/10 L. UNFINISHED BUSINESS CITY COUNCIL SESSIONS SCHEDULE RESCHEDULED B Y C 0 N S E N S U S CHANGES FOR 2008: TO MARCH 25, 2008 a. July I Briefing, Informal, Formal and Planning b. July 8 Briefing, Informal, Formal and Planning c. August 5 Briefing Only 3-5 PM "National Nite Out" d. August 19 Briefing, Informal, Formal and Planning e. August 22 - 23 City Council 2 day Retreat f November 4Cancel all sessions - Election Day g. November 1 I Cancel all sessions - City Holiday h. November 18 Briefing, Informal, Formal and Planning i. November 25 Briefing, Informal, Formal and Planning j. December 2 Briefing, Informal, Formal and Planning k. December 9Briefing, Informal, Formal and Planning 1. December 16 Cancel all sessions m. December 23 Cancel all sessions n. December 30 Cancel all sessions M NEW BUSINESS ADD ON Abstract B Y C 0 N S E N S U S of Vote - CLERK TO RECORD ABSTRACT Presidential Primary February 12,2008 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: March I I. 2008 M B L D C E L E D H 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 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I ','OPM DJIIDJIII] ~ N I ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 (Workshop) April 15 (Workshop) April 17 (Public Hearing) April 22 (Workshop) April 22 (Public Hearing) April 29 (Workshop) May 6 (Reconciliation Workshop) May I3 (Adoption) Council Conference Room Council Conference Room Green Run High School - 6 p.m. Council Conference Room Council Chamber - 6 p.m. Council Conference Room Council Conference Room Council Chamber - 6 p.m. CITY COUNCIL ONE-DAY RETREAT APRIL 21, 2008 8:30 a.m. - 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER