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APRIL 8, 2008 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER„ Centerville - District 1 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 C17T MANAGER - JAMES K SPORE CITYAYTORNEY- LESLIEL. LILLEY CITY CLERK - RUTH HODGES FRASER MMC I. CITY COUNCIL WORKSHOP CITY COUNCIL AGENDA 8 APRIL 2008 -Conference Room - A. PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN 1. FY 2008-2009 and 2009-2010 Operating Budget 2. FY 2008-2009 and 2009-2010 Capital Improvement Program II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov. com 9:OOAM 1:30 PM V. FORMAL SESSION - Council Chamber - 6:00 PM 11 A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Chaplain Bill Bainbridge Virginia Beach Police Department C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1. HISTORIC SITES ORGANIZING COMMITTEE'S RECOMMENDATIONS I. PUBLIC HEARING 1. OPEN AIR CAFE LEASES J. CONSENT AGENDA April 1, 2008 K. RESOLUTIONS/ORDINANCES 1. Resolution to SUPPORT April 13-19,2008, as the Week of the Young Child 2. Resolution HONORING WR Plaxico Burress, Virginia Beach graduate and the New York Giants' game winning touchdown pass receiver in Super Bowl XLII 3. Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: a. New: 1. Dunes Investment Associates, LLC t/a The Beach Club Cafe, 901 Atlantic Avenue 2. Tonick, Inc. t/a Waffle Town USA, 910 Atlantic Avenue 3. First Fruits, LLC t/a Tropical Smoothies Caf6, 21125"' Street b. Renewals: 1. Foggs Seafood Company t/a Waterman's, 415 Atlantic Avenue 2. Surfside Resort, Inc. t/a Fish Bones, 1211 Atlantic Avenue 3. Rockfish Sea Grill, LLC t/a Rockfish I, 1601 Atlantic Avenue 4. Oceanside Investment Associates, LP t/a Latitudes and Attitudes, 2101 Atlantic Avenue 5. Blaster Fries, Inc. t/a Lighthouse Beach Grill, 2417 Atlantic Avenue 6. Maria Sofia, Inc. t/a Angelo's By the Sea Caf6, 2809 Atlantic Avenue 7. Maria Sofia, Inc. t/a Angelo's By the Sea Caf6, 2809 Atlantic Avenue 8. Macias, Inc., t/a Guadalajara, 200 21St Street 4. Ordinance to ACCEPT and APPROPRIATE $309,671and $1,953,329, separately, from HUD Federal Section 8 Housing Choice Voucher Revenue to the Department of Housing and Neighborhood Preservation's FY2007-2008 budget for rental subsidies for persons living in privately owned housing. L. PLANNING 1. Application of LARISA PROPERTIES, LLC for Modification to a Conditional Use Permit (approved by City Council on June 8, 1981) to allow expansion of a existing carwash and a self- service laundry at 3612 Holland Road (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 2. Application of DONNA HOUSE for a Conditional Use Permit re a tattoo establishment (permanent makeup) at Suites 110-112,152 Newtown Road, (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 3. Application of NEW CINGULAR WIRELESS PCS, LLC, for a Conditional Use Permit (Deferred indefinitely on November 27, 2007) re a communication tower and shelter for equipment at Cavalier Golf and Yacht Club, 1052 Cardinal Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROVAL 4. Application of PROSPERITY BEACH, LLC for Modification of Proffer No. I on a Change of Zo ing re reconfiguration of the site and increase the square footage of the buildings (approved by City Council on May 9, 2006) at 1000 Eaglewood Drive (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 5. Application of BQI GROUP, INC. for a Modification of Proffers on a Change of Zoning re the number and size of units with elimination of the garages (approved by City Council on August 10, 2004, and Deferred March 25, 2008) at Bonney Road and Windbrooke Lane. (DISTRICT 2 — KEMPSVILLE) STAFF RECOMMENDATION PLANNINC COMMISSION RECOMMENDATION APPROVAL DENIAL 6. Application of RESIDENTIAL INVESTMENT PROPERTIES, INC. for a Change of Zoning District Classification from R-10 Residential District to Conditional A-12 Apartment District for nine townhome style dwellings at 827 and 835 Muth Lane (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 7. Application of WEST NECK PARTNERS, LLC for a Change o Zoning District Classification from AG -1 and AG -2 Agricultural District to Conditional 0-2 Office District at West Neck and North Landing Roads (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 8. Application of ARGOLD DAM NECK, LLC for a Change ofZoning District Classification from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District to develop 113 single-family homes at Dam Neck Road and Southcross Drive (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 9. Ordinance to AMEND §502 of the Comprehensive Zoning Ordinance (CZO) and ADD §502.1 re dimensional requirements, design incentives and criteria for porches, upper floors and attached garages ir. R -5R Residential Resort District RECOMMENDATION WITHDRAWAL M. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS 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 9 AM Green Run High School 6 PM Council Conference Room 9 AM Council Chamber 6 PM Council Conference Room 9 AM Council Conference Room 9 AM Council Chamber 6 PM CITY COUNCIL ONE -DAY RETREAT MAY 129 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM 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 4/8/08 www.vbgov.com IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM II A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Chaplain Bill Bainbridge Virginia Beach Police Department C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA I D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION April 1, 2008 1 11 f9roolittlott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom. of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC COMMENT 1. HISTORIC SITES ORGANIZING COMMITTEE'S RECOMMENDATIONS 1. PUBLIC HEARING 1. OPEN AIR CAFE LEASES PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on April 8, 2008 in the City Council Chamber regarding the proposed cafe franchise leases of City -owned property located at the following locations: 1. 211 25th Street to First Fruits, LLC t/a Tropical Smoothies Cafe 2. 2417 Atlantic Avenue to Blaster Fries, Inc. t/a Lighthouse Beach 3. 1601 Atlantic Avenue to Rockfish Sea Grill, LLC t/a Rockfish 1 4. 1211 Atlantic Avenue to Surfside Resort, Inc. t/a Fish Bones 5. 2101 Atlantic Avenue to Oceanside investment Associates, L.P., t/a Latitudes and .Attitudes 6. 901 Atlantic Avenue to Dunes Investment Associates, LLC t/a The Beach Club Cafe 7. 415 Atlantic Avenue to Foggs Seafood Company, t/a Waterman's 8. 200 21st Street to Macias, inc., t/a Guadalajara 9. 2809 Atlantic Avenue to Maria Sofia, Inc.. t/a Angelo's By the Sea Cafe 10.2809 Atlantic Avenue to Maria Sofia, Inc., t/a Angelo's By the Sea Cafe 11.910 Atlantic Avenue to Toniek, Inc., t/a Waffle Town USA The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above -referenced franchises should be direct to Rob Fries, Virginia Beach Convention and Visitor's Bureau, by calling (757) 3856641 Ruth Hodges Fraser, MMC City Clerk Beacon March 23 & 30, 2008 18468902 K. RESOLUTIONS/ORDINANCES 1. Resolution to SUPPORT April 13-19,2008, as the Week of the Young Child 2. Resolution HONORING WR Plaxico Burress, Virginia Beach graduate and the New York Giants' game winning touchdown pass receiver in Super Bowl XLII Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements reopen Air Caf6s: a. New: 1. Dunes Investment Associates, LLCt/a The Beach Club C66,901 Atlantic Avenue 2. Tonick, Inc. t/a Waffle Town USA, 910 Atlantic Avenue 3. First Fruits, LLC t/a Tropical Smoothies Caf6,211 25`x' Street b. Renewals: 1. Foggs Seafood Company t/a Waterman's, 415 Atlantic Avenue 2. Surfside Resort, Inc. t/a Fish Bones, 1211 Atlantic Avenue 3. Rockfish Sea Grill, LLC t/a Rockfish t 1601 Atlantic Avenue 4. Oceanside Investment Associates, LPt/a Latitudes and Attiudes, 2101 Atlantic Avenue 5. Blaster Fries, Inc. t/a Lighthouse Beach Grilt 2417 Atlantic Avenue 6. Maria Sofia, Inc. t/a Angelo's By the Sea Cafe, 2809 Atlantic Avenue 7. Maria Sofia, Inc. t/a Angelo's By the Sea Cafe, 2809 Atlantic Avenue 8. Macias, Inc., t/a Guadalajara, 200 21" Street 4. Ordinance to ACCEPT and APPROPRIATE $309,671 and $1,953,329, separately, from HUD Federal Section 8 Housing Choice Voucher Revenue to the Department of Housing and Neighborhood. Preservation's FY2007-2008 budget for rental subsidies for persons living in privately owned housing. &Alk o,` r ► s 42� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of the Week of the Young Child MEETING DATE: April 8, 2008 ■ Background: The Week of the Young Child is an annual event that honors young children and recognizes teachers and others who work to make a positive difference in young children's lives. It is a nationwide initiative of the National Association for the Education of Young Children, which supports early learning for young children. This year, the Week of the Young Child will be April 13-19, 2008. ■ Considerations: In recognition of the young children in Virginia Beach, as well as the teachers and others who make a positive difference in their lives, this resolution proclaims April 13-19, 2008 to be The Week of the Child in the City of Virginia Beach. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by Councilmember Villanueva Requested by Councilmember Villanueva 1 A RESOLUTION IN SUPPORT OF THE WEEK OF THE 2 YOUNG CHILD 3 4 WHEREAS, the Week of the Young Child is an annual event that honors young 5 children and thanks teachers and all those who make a difference in young children's 6 lives; and 7 8 WHEREAS, the City of Virginia Beach and other local organizations are 9 celebrating the Week of the Young Child, which occurs this year on April 13-19, 2008; 10 and 11 12 WHEREAS, local organizations are working to improve early learning 13 opportunities, including early literacy programs, that can provide a foundation of 14 learning for children in Virginia Beach, Virginia; and 15 16 WHEREAS, teachers and others who make a difference in the lives of young 17 children in Virginia Beach, Virginia deserve thanks and recognition; and 18 19 WHEREAS, public policies that support early learning for all young children are 20 crucial to young children's futures. 21 22 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That in recognition of the young children of Virginia Beach, as well as the 26 teachers and all others who make a positive difference in young children's lives, the City 27 Council hereby proclaims April 13-19, 2008 to be The Week of the Young Child in the 28 City of Virginia Beach. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY: c�t2Z City Attorney's O ice CAI 0683 R-3 March 31, 2008 HONORING WR PLAXWO BURRESS WHEREAS: Plaxico Burress, son of the late Vicki Burress, was the All -America First Team choice at Green Run High School, rated the best Receiver in the nation by Scholastic Sports; All -State First Team Receiver and Free Safety as a Senior, led his team to three straight Class AAA state titles; holds the School's career record with eighty-six receptions and thirty-eight touchdown catches; was All -State, All -District and All - Tidewater Area selection as a Junior, was All -state Second -Team in basketball as a Senior, and, was national Semi-finalist in the 400 Intermediate Hurdles and won the State 300 Intermediate Hurdles; WHEREAS: Plaxico Burress was a first round (e pick overall) draft choice of the Pittsburgh Steelers in 2000, he was signed by the Giants as an unrestricted free agent on March 17, 2005. He has proven to be a superb athlete who possesses great height, long arms and explosive acceleration. He has 337 career receptions for 5,378 yards and 29 touchdowns with at least 60 receptions in a season four times and more than 1,000 receiving yards in a season three times; WHEREAS. In 2005, Plaxico played in all sixteen regular season games with fifteen starts - - He started the NFC Wild Card Game. He led the Giants with 76 receptions, 1,214 yards and tied with Amani Toomer and Jeremy Shockey for the lead with seven touch -down catches - - the fifth highest total in team history and two shy of the career high he set with Pittsburgh in 2002. WHEREAS: The Giants won their third Super Bowl Championship, Super Bowl XLII, defeating the New England Patriots 17-14 Trailing in the final minutes, Super Bowl MVP Quarterback Eli Manning hit Wide Receiver Plaxico Burress on a 6 -yard fade for the game winning touchdown with 35 seconds to go. WHEREAS: Plaxico annually hosts a Thanksgiving dinner for those in need in his hometown of Virginia Beach, regularly participates in NFL community outreach events and helps to mentor young people. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, whose signatures are affixed below, with great pride, recognizes one of our own, a true Professional Athlete and humanitarian who has brought honor and distinction to Virginia Beach. Councilman William R. "Bill" DeSteph Councilman Robert .W. "Bob" Dyer 11ce .lfayor Louis R. Jones Councilman John E. Uhrin Council Lady Rosemary Wilson Councilman Harry E. Dlezel Council Lady Barbara M. Henley Council Lady Reba S. McClanan Councilman Ronald John .9. "Ron" 1111anueva Councilman James L. Rood Meyera E. Oberndorf, Mayor CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Eleven Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: April 8, 2008 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. Considerations: The following three (3) entities are seeking a one-year franchise agreement: (1) First Fruits, LLC, t/a Tropical Smoothies Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) Dunes Investment Associates, LLC, t/a The Beach Club Cafe, for operation of a Boardwalk Cafe; and (3) Tonick, Inc., t/a Waffle Town USA, for operation of an Atlantic Avenue Sidewalk Cafe. The following eight (8) entities have successfully operated open air cafes pursuant to either one-year or five-year franchise agreements and are seeking renewal of their franchise agreements for five year terms: (1) Blaster Fries, Inc., t/a Lighthouse Beach Grill Cafe, for operation of a Boardwalk Cafe; (2) Tradewinds, LC and Rockfish Sea Grill, LLC, t/a Rockfish I, for operation of a Boardwalk Cafe; (3) Surfside Resort, Inc., t/a Fish Bones, for operation of a Boardwalk Cafe; (4) Oceanside Investment Associates, LP, t/a Latitudes and Attitudes, for operation of a Boardwalk Cafe; (5) Foggs Seafood Company, t/a Waterman's, for operation of a Boardwalk Cafe; (6) Macias, Inc., t/a Guadalajara, for operation of an Atlantic Avenue Side Street Cafe; (7) Maria Sofia, Inc., t/a Angelo's By the Sea Cafe, for operation of a Connector Park Cafe; and (8) Maria Sofia, Inc., t/a Angelo's By the Sea Cafe, for operation of a Boardwalk Cafe. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manage . j , 1 AN ORDINANCE GRANTING ELEVEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 20 streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23`d Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 20 Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air caf6 is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, the following three (3) entities are seeking a one-year franchise 28 agreement: (1) First Fruits, LLC, t/a Tropical Smoothies Caf6, for operation of an 29 Atlantic Avenue Side Street Caf6; (2) Dunes Investment Associates, LLC, t/a The Beach 30 Club Cafe, for operation of a Boardwalk Cafe; and (3) Tonick, Inc., t/a Waffle Town 31 USA, for operation of an Atlantic Avenue Sidewalk Caf6; and 32 33 WHEREAS, the following eight (8) entities have successfully operated open air 34 cafes pursuant to either one-year or five-year franchise agreements, and are seeking 35 renewal of their franchise agreements for five year terms: (1) Blaster Fries, Inc., t/a 36 Lighthouse Beach Grill Cafe, for operation of a Boardwalk Cafe; (2) Tradewinds, LC and 37 Rockfish Sea Grill, LLC, t/a Rockfish I, for operation of a Boardwalk Cafe; (3) Surfside 38 Resort, Inc., t/a Fish Bones, for operation of a Boardwalk Cafe; (4) Oceanside 39 Investment Associates, LP, t/a Latitudes and Attitudes, for operation of a Boardwalk 40 Caf6; (5) Foggs Seafood Company, t/a Waterman's, for operation of a Boardwalk Cafe; 41 (6) Macias, Inc., t/a Guadalajara, for operation of an Atlantic Avenue Side Street Caf6; 42 (7) Maria Sofia, Inc., t/a Angelo's By the Sea Cafe, for operation of a Connector Park 43 Caf6; and (8) Maria Sofia, Inc., t/a Angelo's By the Sea Cafe, for operation of a 44 Boardwalk Caf6; and 45 46 WHEREAS, the Convention and Visitors Bureau recommends that the eleven 47 above-named entities be granted open air cafe franchise agreements. 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH: 51 52 1. That the City Council hereby grants a one-year franchise agreement to 53 First Fruits, LLC, t/a Tropical Smoothies Cafe, Dunes Investment Associates, LLC, t/a 54 The Beach Club Cafe, and Tonick, Inc., t/a Waffle Town USA, subject to the terms and 55 conditions of all ordinances, resolutions, and regulations applicable to open air cafes. 56 57 2. That the City Council hereby grants five-year franchise agreements to 58 Blaster Fries, Inc., t/a Lighthouse Beach Grill Cafe, Tradewinds, LC and Rockfish Sea 59 Grill, LLC, t/a Rockfish I, Surfside Resort, Inc., t/a Fish Bones, Oceanside Investment 60 Associates, LP, t/a Latitudes and Attitudes, Foggs Seafood Company, t/a Waterman's, 61 Macias, Inc., 1Ja Guadalajara, Maria Sofia, Inc., t/a Angelo's By the Sea Cafe, for 62 operation of a Connector Park Cafe, and Maria Sofia, Inc., t/a Angelo's By the Sea 63 Cafe, for operation of a Boardwalk Cafe, subject to the terms and conditions of all 64 ordinances, resolutions, and regulations applicable to open air cafes. 65 66 Adoptedby the City Council of Virginia Beach, Virginia on this day of April, 67 2008. Approved as to Content: Approved as to Legal Sufficiency: Convention and Visitors Bureau City Attome '6 Office CA10675 R-2 March 25, 200EyI 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $309,671 in U.S. Department of Housing and Urban Development (HUD) Federal Section 8/Housing Choice Voucher Revenue, and Appropriate $1,953,329 of HUD Federal Section 8/Housing Choice Voucher Revenue from the Fund Balance of the Federal Section 8 Special Revenue Fund to the Department of Housing and Neighborhood Preservation's FY 2007-08 Operating Budget MEETING DATE: April 8, 2008 Background: The Department of Housing and Neighborhood Preservation (DHNP) receives Federal funds annually to support rental subsidies for persons living in privately owned housing around the city. The DHNP is authorized by HUD to lease a defined number of units each calendar year. For calendar 2008, the limit will be 1,901 units; however, $11,759,294 was budgeted for 1,700 in the FY 2007-08 Operating Budget based on the assumption of level funding from FY 2006-07. The amount of voucher funding provided may or may not cover the annual leasing costs for the number of leasing units allocated by HUD. Complicating matters, HUD notifies the DHNP of its annual funding amount after the calendar year begins. This year, notice of the annual funding amount of $12,450,970 was received on March 15th. Converting HUD's calendar year 2007 ($11,686,960) and 2008 ($12,450,970) allocations to the City's fiscal year 2007-08, the total revised appropriation will be $12,068,965. To match HUD's actual funding amount, the difference ($309,671) should be appropriated to DHNP's FY 2007-08 Operating Budget. In addition, the DHNP is allowed to use unutilized housing assistance voucher funds from prior years to support leasing up to the defined number of units. These unutilized funds reside in the fund balance of the City's Federal Section 8 Program Special Revenue Fund. According to the City's Comprehensive Annual Financial Report for fiscal year ended June 30, 2007, this undesignated fund balance totals $3,418,198. Funds become unutilized mainly due to the lag time from receipt of the award from HUD (made on a calendar year basis) to completion of the process of obtaining and qualifying clients and the start of the leasing contracts. In the approved FY 2007-08 Operating Budget, the DHNP appropriated $819,495 from the fund balance of the Federal Section 8 Program Special Revenue Fund. However, an analysis of projected FY 2007-08 expenditures indicates a need to use an additional $1,953,329 from this fund balance. These changes to the DHNP's FY2007-08 Operating Budget will also require the following changes to the DHNP's FY 2008-09 Operating Budget: a) reduction of $645,626 to the fund balance to be used (from $1,291,000 to $645,374) to stay within the undesignated fund balance limit, and b) increase of $764,010 in the HUD Federal Section 8/Housing Choice Voucher revenue (from $11,686,960 to $12,450,970) so that the FY 2008-09 budgetary estimate is based on the latest information from HUD. These changes will be brought to City Council at a later date. Considerations: These adjustments are necessary to a) balance the DHNP's operating budget to actual funding to be received and b) to support the projected expenses for the balance of the fiscal year. ■ Public Information: Public information will be handled through the normal Council agenda process, as this is considered to be a technical issue. Alternatives: There are no financial alternatives to these actions if the program is to continue as planned, and in accordance with Federal funding provided. Recommendations: Approval of the attached ordinance. Attachments: Recommended Action: Approval Submitting Department/Agency: D partnt of Housing and Neighborhood Preservation City Manager: k-. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $309,671 2 IN U.S. DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT (HUD) FEDERAL SECTION 8/HOUSING 4 CHOICE VOUCHER REVENUE, AND APPROPRIATE 5 $1,953,329 OF HUD FEDERAL SECTION 8/HOUSING 6 CHOICE VOUCHER REVENUE FROM THE FUND BALANCE 7 OF THE FEDERAL SECTION 8 SPECIAL REVENUE FUND 8 TO THE DEPARTMENT OF HOUSING AND 9 NEIGHBORHOOD PRESERVATION'S FY 2007-08 10 OPERATING BUDGET 11 WHEREAS, HUD awarded the Department of Housing and Neighborhood 12 Preservation more Federal Section 8/Housing Choice Voucher funding than was 13 estimated in the FY 2007-08 operating budget; and 14 15 WHEREAS, HUD permits use of unutilized Section 8/Housing Choice Voucher 16 funds from prior years to support leasing costs for up to a defined number of leasable 17 units annually. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 (1) That $309,671 is hereby accepted from the HUD Federal Section 8/Housing 23 Choice Voucher Program and is hereby appropriated to the Department of Housing and 24 Neighborhood Preservation's FY 2007-08 Operating Budget to fund rental subsidies for 25 eligible residents, with estimated federal revenue increased accordingly. 26 27 (2) That $1,953,329 of HUD Federal Section 8/Housing Choice Voucher revenue 28 from the fund balance of the Federal Section 8 Special Revenue fund is hereby 29 appropriated to the Department of Housing and Neighborhood Preservation's FY 2007- 30 08 Operating Budget to cover the remainder of the anticipated rental costs for eligible 31 residents, with estimated revenue increased accordingly. Adopted by the City Council of the City of Virginia Beach, Virginia on this day of 2008. APPROVED AS TO CONTENT: Manage nt Servic CA10681 `1 R-1 March 26, 2008 APPROVED AS TO LEGAL SUFFICIENCY: Cit Attorney's Office L. PLANNING 1. Application of LARISA PROPERTIES, LLC for Modification to a Conditional Use Permit (approved by City Council on June 8, 198 1) to allow expansion of a existing carwash and a self service laundry at 3612 Holland Road (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 2. Application of DONNA HOUSE for a Conditional Use Permit re a tattoo establishment (permanent makeup) at Suites 110-112,152 Newtown Road, (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 3. Application of NEW CINGULAR WIRELESS PCS, LLC, for a Conditional Use Permit (Deferred indefinitely on November 27, 2007) re a communication tower and shelter for equipment at Cavalier Golf and Yacht Club, 1052 Cardinal Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION: APPROVAL 4. Application of PROSPERITY BEACIJ, LLC for Modification of Proffer No. I on a _Change ofZoning re reconfiguration of the site and increase the square footage of the buildings (approved by City Council on May 9, 2006) at 1000 Eaglewood Drive (DISTRICT 3 — ROSE HALL) RECOMMENDATION APPROVAL 5. Application of BQI GROUP, INC. for a Modification of Proffers on a Change ofZoning re the number and size of units with elimination of the garages (approved by City Council on August 10, 2004 and Deferred March 25, 2008) at Bonney Road and Windbrooke Lane. (DISTRICT 2 — KEMPSVILLE) STAFF RECOMMENDATION PLANNINC COMMISSION RECOMMENDATION APPROVAL DENIAL 6. Application of RESIDENTIAL INVESTMENT PROPERTIES, INC. for a Change ofZoning District Classi ication from R 10 Residential District to Conditional A-12 Apartment District for nine townhome style dwellings at 827 and 835 Muth Lane (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 7. Application of WEST NECK PARTNERS, LLC for a Change ofZoning District Classification from AG -1 and AG -2 Agricultural District to Conditional 0-2 Office District at West Neck and North Landing Roads (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 8. Application of ARGOLD DAM NECK, LLC for a Change of Zoning District Classification from R-15 Residential District and AG -I Agricultural District to Conditional R-7.5 Residential District to develop 113 single-family homes at Dam Neck Road and Southcross Drive (DISTRICT 7— PRINCESS ANNE) RECOMMENDATION APPROVAL 9. Ordinance to AMEND §502 of the Comprehensive Zoning Ordinance (CZO) and ADD §502.1 re dimensional requirements, design incentives and criteria for porches, upper floors and attached garages in R -5R Residential Resort District RECOMMENDATION WITHDRAWAL NOTICE OF PUBLIC HEARING `Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April 8, 2008, at 6:00 p.m. The following applications will be heard: Ordinance .Amending Section 502 and Adding Section 502.1 of the City Zoning Ordinance to amend dimensional requirements and establish design incentives and criteria concerning porches. upper floors, and attached garages for dwellings in the R -5R Residential Resort District. DISTRICT 5 - LYNNHAVEN New Cingular Wireless PCS, L.L.C. Application: Conditional Use Permit for a communication tower at, 1052 Cardinal Road (GPIN 2418246584). DISTRICT 2 - KEMPSVILLE Donna House Application: Conditional Use Permit for a tattoo establishment (permanent make-up) at 152 Newtown Road, Suites 110 and 112 (GPIN 1457948279). DISTRICT 6 - BEACH Prosperity Beach, L.L.C. Application: Modification of Proffers of a Change of Zoning (approved by City Council on May 9. 2006) at 1000 Eaglewood Drive (GPINs 2415581232; -1120; -2073; -1209; 2415488215). DISTRICT 4 - BAYSIDE Residential Investment Properties, Inc. Application: Change of Zoning District Classification from R-10 Residential to Conditional A-12 Apartment at 827 and 835 Muth Lane (GPINs 1468520987; -1942; 1468530086; -0170; -1205). The Comprehensive Plan designates this site as being within the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent w,th the policies of the Comprehensive Plan. The purpose of this rezoning is to construct multi -family dwellings. AICUZ is Less Than 65 dB DNL. DISTRICT 7 - PRINCESS ANNE ,N,-st Neck Partners, L.L.C. Application: Change of Zoning District Classification from AG -1 and AG -2 Agricultural to Conditional 0-2 Office at West Neck and North Landing Roads (GPIN 1494708583). The Comprehensive Plan designates this site as being within Princess Anne; Transition Area. The purpose of this rezonirg is to develop an office complex. AICUZ is Less than 65. Argold Dam Neck, L.L.C. Application: Change of Zoning' District Classification from R-15 Residential and AGI' Agricultural to Conditional R 7.5 Residential at Dam ^Beck Road and Southcross Drive (GPIN 1484166408 - oart of). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop single-family dwellings. AICUZ is Less than 65. DISTRICT 3 - ROSE HALL Larisa Properties, L.L.C. Application: Modification of Conditions for a Use Permit (approved by City Council on June 8. 1981 (Texaco, Inc.)] at 3612 Holland Road (GPIN 1486548720). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC Citv Clerk Copies of the proposed ordinances, resolutions and aniendments are on file and may be examined in the Department of Planning or online at httFor information call 3854621. -44- 7. Two curb cuts are to be allowed on both Holland and Rosemont Roads, provided each is a maximum of 24 feet in width and marked appropriately for in -only and out - only. 8. Parking at a ratio of three (3) spaces for each car wash space within the facility. 9. No water shall be permitted to fall upon or drain across public streets or adjacent properties. 10. The recycling of water in accordance with the City Code. This Ordinance shall be in effect from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of June, 1981. Voting: 10-1 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland. M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyers E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: None A/ R/ 01 -43 - ITEM II -F.7 ITEM #16776 Attorney J. H. Flippen, Jr., appeared in behalf of the applicant. Upon motion by Councilman. Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of TEXACO, INC., for a Conditional Use Permit, subject to the recommended conditions transmitted in the City Manager's letter, as follows, subject to following: WAIVE ITEM #4 with the stipulation of the City Manager that no access would be made to non -existing roads. ITEM #6 Tkfrty-rive Ten (10) foot building setbacks from all streets as required by the Comprehensive Zoning Ordinance. ORDINANCE UPON APPLICATION OF TEXACO, INC., R0681398 FOR A CONDITIONAL USE PERMIT FOR A GAS BAR AND CAR WASH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Texaco, Inc., for a Conditional Use Permit for a gas bar and car wash on certain property lo- cated at the Northwest corner of Holland Road and Rosemont Road, running a distance of 227.38 feet along the West side of Rosemont Road, running a distance of 206.53 feet along the Northern property line, running a distance of 223.95 feet along the Western property line and running a distance of 154.55 feet along the North side of Holland Road. Said parcel contains 1 acre more or less. PRINCESS ANNE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. An adequate drainage outfall system with all the necessary downstream improvements and easements is required. 4. Waived item number 4 with the stipulation of the City Manager that no access would be made to non -existing roads. 5. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 6. Ten (10) foot building setbacks from all streets as required by the Comprehensive Zoning Ordinance. G/0/0, ; � � �/ 2/� 4 `moi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Larisa Properties, L.L.C. for a Modification of Conditions for a Use Permit approved by City Council on June 8, 1981 (Texaco, Inc.). Property is located at 3612 Holland Road (GPIN 1486548720). DISTRICT 3 — ROSE HALL MEETING DATE: April 8, 2008 ■ Background: A Conditional Use Permit allowing a gas station and car wash on the subject site was approved by the City Council on June 8, 1981. The applicant desires to redevelop the site to build a self-service laundry facility and to expand the existing car wash. The proposed self-service laundry does not require City Council approval. A building permit has already been issued for the expansion of the existing commercial building located on the site to house the self-service laundry. The proposed car wash expansion allowing the addition of a second bay and a mechanical room requires a modification to the existing Conditional Use Permit. The modification is required because the car wash expansion was not shown on the site plan approved by City Council in 1981. The applicant, therefore, now requests approval of a modified site plan to allow the expansion of the car wash facility. ■ Considerations: The submitted site plan shows a 4,775 square foot retail building to house a self- service laundry facility centered approximately six (6) feet off of Alabama Avenue, which is a `paper street' that runs along the rear of the site. There are 34 parking spaces shown on the east and south sides of building. The existing automatic car wash with the proposed wash bay and mechanical room addition is located west of the self-service laundry facility. The exterior of the car wash addition will mimic the existing building in colors and design including a white facade with blue trim and awnings. Additional landscaping will be provided along Holland Road and Rosemont Roads. A variance was approved by the Board of Zoning Appeals on May 6, 1981 to reduce the setback from both Grant Avenue and Alabama Avenue from 35 feet to 10 feet. The old car wash building was set back 12.12 feet from Grant Avenue; the proposed car wash and addition will be set back 4.12 feet from Grant Avenue. Larisa Properties, L.L.C. Page 2 of 3 The proposed car wash expansion will not negatively affect the surrounding community and is in conformance with the Comprehensive Plan's recommendations for this area. There is an unimproved wooded right-of-way to the north that currently provides a buffer between the existing residential uses to the north and the car wash site. The addition of landscaping along Holland Road and Rosemont Road will enhance the appearance of this site. The Planning Commission placed this item on the consent agenda because the proposal represents an appropriate redevelopment of the site, the site designs ensures compatibility of the use with the residential area to the north, 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 conditions: 1. All conditions with the exception of Numbers 6 and 7 attached to the Conditional Use Permit granted by the City Council on June 8, 1981 remain in affect. 2. Condition Number 7 of the June 8, 1981 Conditional Use Permit is deleted and replaced with the following: a. Only one site entrance shall be permitted on South Rosemont Road. The existing northern entrance, located in the right turn lane taper, shall be closed. The remaining existing entrance shall be improved to include 15 foot radii and a 30 -foot entrance width at the property line. b. Only one site entrance shall be permitted on Holland Road. The existing easternmost entrance shall be closed, and the remaining entrance improved to include 15 -foot entrance radii and a 30 -foot entrance width at the property line. c. On-site parking shall be configured so as to not interfere with traffic entering and exiting the site. 3. When the site is developed, the site layout and street frontage landscaping shall be in substantial conformance with the plan entitled, "Proposed Addition to Ex. Building and New Parking Lot Striping," dated October 16, 2007 and last revised December 17, 2007, prepared by Beck Associates, P.C. Said plan has been exhibited to the City Council and is on file in the Planning Department. 4. All signs shall be removed or brought into conformance with current City Zoning Ordinance provisions for signs. Larisa Properties, L.L.C. Page 3 of 3 5. The car wash shall not discharge to the City storm drainage system. A plan that defines how wash water will be handled shall be submitted to the Planning Department / Development Service Center for review and approval. 6. In accordance with Section 221(i) of the City Zoning Ordinance and a finding that the project as proposed is compatible with the surrounding area, the yard setbacks for the buildings shown on the site plan referenced in Condition 3 shall be as shown on said plan. 7. The exterior of the car wash facility shall consist only of neutral or earth tone colors. ■ 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: V, . UW-1- LARISA PROPERTIES, LLC Agenda Item 8 March 12, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Modification of the Conditional Use Permit approved by the City Council on June 8, 1981 for a gas station and car wash. ADDRESS / DESCRIPTION: 3612 Holland Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14865487200000 3 — ROSE HALL 42,428 square feet A Conditional Use Permit allowing a gas station and car wash SUMMARY OF REQUEST was approved by the City Council on June 8, 1981. The applicant desires to redevelop the site to build a self-service laundry facility and to expand the existing car wash. The proposed self-service laundry does not require City Council approval. A building permit has already been issued for the expansion of the existing commercial building located on the site to house the self-service laundry. The proposed car wash expansion allowing the addition of a second bay and a mechanical room requires a modification to the existing Conditional Use Permit. The modification is required because the car wash expansion was not shown on the site plan approved by City Council in 1981. The applicant, therefore, now requests approval of a modified site plan to allow the expansion of the car wash facility. The submitted site plan shows a 4,775 square foot retail building to house a self-service laundry facility centered approximately six (6) feet off of Alabama Avenue, which is a `paper street' that runs along the rear of the site:. There are 34 parking spaces shown on the east and south sides of building. The existing automatic car wash with the proposed wash bay and mechanical room addition is located west of the self- service laundry facility. The exterior of the car wash addition will mimic the existing building in colors and design including a white facade with blue trim and awnings. Additional landscaping will be provided along Holland Road and Rosemont Roads. LARISA PROPERTIES, LLC Agenda Item 8 Page 1 A variance was approved by the Board of Zoning Appeals on May 6, 1981 to reduce the setback from both Grant Avenue and Alabama Avenue from 35 feet to 10 feet. The old car wash building was set back 12.12 feet from Grant Avenue; the proposed car wash and addition will be set back 4.12 feet from Grant Avenue. The ten conditions attached to the June 8, 1981 Conditional Use Permit are provided below: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. An adequate drainage outfall system with all the necessary down -stream improvements and easements is required. 4. Waived item number 4 with the stipulation of the City Manager that no access would be made to non -existing roads. 5. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service stations. 6. Ten (10) foot building setbacks from all streets as required by the Comprehensive Zoning Ordinance. 7. Two curb cuts are to be allowed on both Holland and Rosemont Roads, provided each is a maximum of 24 feet in width and marked appropriately for in -only and out -only. 8. Parking at a ratio of three (3) spaces for each car wash space within the facility 9. No water shall be permitted to fall upon or drain across public streets or adjacent properties. 10. The recycling of water in accordance with the City Code. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant car wash and commercial building SURROUNDING LAND North: . Alabama Avenue (unimproved right-of-way) USE AND ZONING: . Residential (attached and duplex) /A-12 Apartment District South: . Holland Road East: . Rosemont Road West: . Automotive Repair / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. The proposed uses are compatible within this AICUZ. LARISA PROPERTIES, LLC Agenda Item 8 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a four -lane divided minor urban arterial. The Master Transportation Plan identifies this section of Holland Road for future improvements. Improvements to the Holland Road and Rosemont Road intersection are planned with the Holland Road Phase VII Project, CIP 2-008. This project is currently inactive. The Master Transportation Plan Map also identifies this section of Rosemont Road for future improvements. Rosemont Road between Holland Road and Virginia Beach Boulevard are planned with the Rosemont Road Phase VI Project, CIP 2-040. This project is currently inactive. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 39,100 ADT 27,400 ADT Existing Land Use — 538 ADT Proposed Land Use— Rosemont Road 33,900 ADT 27,400 ADT No Professional trip Generation Available for self-service laundry facility 'Average Daily Trips z as defined by .974 acres of B-2 zoned property TRAFFIC ENGINEERING: 1. Only one (1) site entrance shall be permitted on South Rosemont Road. The existing northern entrance, located in the right turn lane taper, shall be closed. The remaining existing entrance shall be improved to include 15 -foot radii and a 30 -foot entrance width at the property line. 2. Only one (1) site entrance shall be permitted on Holland Road. The existing easternmost entrance shall be closed, and the remaining entrance improved to include 15 -foot entrance radii and a 30 -foot entrance width at the property line. 3. On-site parking shall be configured so as to not interfere with traffic entering and exiting the site. WATER: This site has an existing water meter which may be used or upgraded. There are 6 -inch City water lines in Alabama Avenue and Grant Avenue. There is a 16 -inch water main in Holland Road and a 20 -inch water main in Rosemont Road. SEWER: This site is currently connected to City sanitary sewer. The applicant shall provide an analysis of Pump Station ;524 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer in Rosemont Road. PUBLIC WORKS / STORMWATER: Please note that in accordance with the City's Virginia Pollutant Discharge Elimination System permit, car washes cannot discharge to the City's storm drainage system. During site plan review, the applicant's engineer must define how wash water will be handled. LARISA PROPERTIES, LLC Agenda Item 8 Page 3 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan Map and land use policies place this site within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development, (pg. 90). Evaluation: The proposed car wash expansion will not negatively affect the surrounding community and is in conformance with the Comprehensive Plan's recommendations for this area. There is an unimproved wooded right-of-way to the north that currently provides a buffer between the existing residential uses to the north and the car wash site. A setback variance has been previously approved by the Board of Zoning Appeals, allowing development within the side yard setback. This proposal, however, will extend approximately six (6) feet further into that setback than what was originally approved. The applicant understands that there are future plans to widen Rosemont Road and Holland Road, and the City has discussed with the applicant the applicant's option of acquiring a portion of Grant Avenue to lessen the impact of the road widening projects on this site. Thirty-seven (37) parking spaces provided on-site are sufficient to support the proposed 4,775 square feet of retail and the proposed car wash expansion. The addition of landscaping along Holland Road and Rosemont Road will enhance the appearance of this site. As such, staff recommends approval with the conditions listed below. CONDITIONS 1. All conditions with the exception of Numbers 6 and 7 attached to the Conditional Use Permit granted by the City Council on June 8, 1981 remain in affect. 2. Condition Number 7 of the June 8, 1981 Conditional Use Permit is deleted and replaced with the following: a. Only one site entrance shall be permitted on South Rosemont Road. The existing northern entrance, located in the right turn lane taper, shall be closed. The remaining existing entrance shall be improved to include 15 foot radii and a 30 -foot entrance width at the property line. b. Only one site entrance shall be permitted on Holland Road. The existing eastern most entrance shall be closed, and the remaining entrance improved to include 15 -foot entrance radii and a 30 -foot entrance width at the property line. c. On-site parking shall be configured so as to not interfere with traffic entering and exiting the site. LARISA PROPERTIES, LLC Agenda Item 8 Page 4 3. When the site is developed, the site layout and street frontage landscaping shall be in substantial conformance with the plan entitled, "Proposed Addition to Ex. Building and New Parking Lot Striping," dated October 16, 2007 and last revised December 17, 2007, prepared by Beck Associates, P.C. Said pllan has been exhibited to the City Council and is on file in the Planning Department. 4. All signs shall be removed or brought into conformance with current City Zoning Ordinance provisions for signs. 5. The car wash shall not discharge to the City storm drainage system. A plan that defines how wash water will be handled shall be submitted to the Planning Department / Development Service Center for review and approval. 6. In accordance with Section 221(i) of the City Zoning Ordinance and a finding that the project as proposed is compatible with the surrounding area, the yard setbacks for the buildings shown on the site plan referenced in Condition 3 shall be as shown on said plan. 7. The exterior of the car wash facility shall consist only of neutral or earth tone colors. 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. LARISA PROPERTIES, LLC Agenda Item 8 Page 5 <� � :2 \.� �% : DEMURE - FORMER GIS STAT$ N 6 STORE (VACANT) TH�I MN FOIPD REMOVE EX. PROPOSED USE: yWNOROMAT OW- WALK PARKING REWIREMENT5: 1 SPACE PER 200 SQ FT. FOR LAUNDROMAT �F� N( t LAL")ROMAT BUII M AREA: SQ. 7.CES FOR LIR WASH BAY �Ey 1 NUMBER OF SPACES REQUIRED FOR IAUNORO[MT. 47751200 - M SPACES CAR WASH: 3 BAYS M ` A REMOVE PROP. 46 LF NUMBER OF SPACES REQUIRED FOR CAR WASI4 3 X 2 • 6 SPACES O RE 59 LF <)F CONIPARKING PROPOSED: 34 SPACES IMCWOING 2 MANDILIPPED SPACES PDR LXHVPJ MAT O RES 1N 59 LF PARKWAY ALABAMA AVENUE acr w AND I3 STAOONG SPACES FOR CAR WASM CNO7INCLUDING BAYS) vLc PP,srfI1 owPARXNMY CI RB REMOVE DL a1,1 (UNIMPROVED)(FORMMY 2WM ST) s LArAwrT°vilol" RES CURB11 IN I![TNICMOFOKE/Ca. MNSET N CONC. 41328X4 OWN u IN (DA 2776./."1 ClP PEAS OP LMPOIC[ F•I' I {{ ® EAS INPr S72°3S'orE araArE1PN 'A� iR l Es raw[A ETD -1 x.53, PORI RN12: \ KLE 7�. RES a. a E Pas inEx @. RES ---- -- f1.--,o--1AwNraDla wATRlrr 0 DLe Z6MOVE IF OF � DEII7NG 1g�pi flit - 1'SMl6 1 EX WAIA aPNDRn 11i1 I OL" PVT 4 51 t mPxllu+G PROP 6" MATOi� l 1 O.C. R � 1 psT� IN / ' I �1 S.C-0. � OF / 1 DOSPW j ` M Il \ d,•Tvrarn U052 [NTCNEDuu 1 1ilarDt C� 1. 3T5• % O% [A+eN[Nrm Nllf.Yu� i . MEA'XEN 1St 1 83632lQLAiD h EI]CINC •e POWA La fItOPOSEO '6CUR8 /. am SQn (ai. 277K A 49) 13 LF OF VLowww PwLlcvaLY `..yf�y,�a - 41RB zx f luxI) I l C.N 1D 1 T cCDOo U r .]r Pat[ 4 & 1 W REMOTE 1 s 4' O.C. tL 36 If OF n Nu REMOVE tijxF 5 EX CURB t r sTA•en N O G PNUOK 1� r NYPRN1rPORTION 9o�t �$ 1 I` PROPOSED PAWOF CCtSr= A th 4 § { ADDITION TO CAR WASH dR WASH ' 6P *�°a G ' E . FT. ''r C 8 _ n �{ NEIGi T s 2r•4� • r 14 CAR WAS114 x ,�]TF _ BUlIDD16 AREA - 62D SQ• Fr. CLy`j ° V [ > ' -1� u , ow. }i D�LWNGPROPOS®MFA .ICAR SWR75C'ff' ; E1L E a��! ' `S WILL -w O R PurPu a. alcor l >n GV r I, , LMS 4.1 t' C - � + PAaPa.m CPAOCi[ ]HEA •E4Nry!! PAST P coNDc1E G CwRarppc� ,r r]ADNa Lot y T'S1 (REFgVE) 1 , % • P ] IP 4�i Z PROP. 61 r [ maP6xTPAaraammt AFI a Eo.e EX 001M 325 �=*.D mc. ! 1 H, U�Tlw mrc y vac wtN INC CONCRETE � PART OF BLOCK 5 tr7NnM Ir ac RAD . SOP PROPOSED � � ii� -O SEWER CLEAN OUT ,1 Z i 1 f0wwNMLLIM uu ° ' X FACE OF CURB r rt M.IPWAD+ DELTA • DC BACK OF CURB `4 , r NL•f1]!0� I T]+ (M WATER METER TP i r ues L° Is, W BACKOF WALK a r r MCI= 2,,Movxw /4• t, TOP OF CURB RTI S1r , ^nw ftma_ " •— — ~ arm t T4- B CATCH BASIN 4'D.C. — L _ x EXISTING , ifac Haul 1O1AD uAP•r LIGHT POLE PwAwnn In Val[ � � DaN a TAM►K GUTTER 1p "0 ,4+ wO.186 "D TI} Ti+ TLt * °4NL w,AT \ yg R— EDGE OF PAVEMENT r 71°55 36• w ..— M 00"3 w `\ 8 DELTA .42 2' i a aa•c vau ExOI�PUPL� 6hm HT .Cue aQIIIRI / NOT TANGENT DMTM caN MPMWAMw LI•a'[a SAN, s%Ir Os wPPo4RulteLaaT7°Ta oift. [.2v.,. iIIIE r710°A CIL+AIC 4Lb MIYn CO oloffa fo.P Ib, I. Yfl AR[ LAT' CDMII•N CSI! f2UAM. tONM[MR AMNAM[ U 1Ln COMPACTACOMPACTA 1'ICl2N 21 4'ON C77(fER ii _ R1IAA NK7IA PIR 11 I' • P 1 3S' CERtNt HOLLAND ROAD � N. AIMT PROPOSED SITE PLAN LARISA PROPERTIES, LLC Agenda Item 8 Page 7 "Ekau/EA 6'd rn � A*vlRAc! PROPOSED SITE PLAN LARISA PROPERTIES, LLC Agenda Item 8 Page 7 PROPOS_D BVILpIj4G PROPERTIES,►-� A9e�daQaa ELEV ��=. I-gkIsp, ;7T,rti_+ i; Uv A LJi-Aa got...G�'��. r... -■...7 !W4.0 I-MIMMI-0 gA l ALUAMSi i - L- "A o- c Ianjon, l�7rti�1 'rJC I �� 1EDISCLOSURE 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) - j L -',t'-t- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: I. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 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 7/3107 LARISA PROPERTIES, LLC Agenda Item 8 Page 10 11 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) ' "Parent --subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, 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 § 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. Y Applicant' _ - Print Name � I Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 7/3/2007 LARISA PROPERTIES, LLC Agenda Item 8 Page 11 Item #8 Larisa Properties, L.L.C. Modification of Conditions 3612 Holland Road District 3 Rose Hall March 12, 2008 CONSENT Joseph Strange: The next item on the consent agenda is item 8, Larisa Properties, L.L.C. An application of Larisa Properties, L.L.C. for a Modification of Conditions approved by City Council on June 8, 1981. The property is located at 3612 Holland Road, District 3, Rose Hall, with 7 conditions. Eddie Bourdon: Thank you again. Madam Chair, and members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant. Again, we greatly appreciate being on the consent agenda for this modification of an old Use Permit, which will result in a significant upgrade of this site, and we do agree with the additional condition. I think it was condition 7. Mr. Strange mentioned a request for neutral colors. Let me also mention. Grant Avenue is a platted paper street but the city does not own the underlying fee in that paper street. If the city owned the underlying'fee in the paper street, then we would negotiate closing the street and acquiring it but a third party does, and it is not developed as a street but to close it would put the property in the ownership of a third party. Thank you. Joseph Strange: Okay. The Chairman has asked Gene Crabtree to review this item. Eugene Crabtree: This property is at the corner of Rosemont and Holland Road. It has been a Texaco service station. It has been a Shell service station. It had a carwash with it for as long as I can remember. I've lived there since 1962. And, now they have come in and they want to have a convenience store, a laundry mat and a three bay carwash. This will upgrade the area quite a bit. And as Eddie said, he took a little bit of my thunder by saying he would tone down the colors. If they were going to use neutral colors, this will improve it. We just thought this would be a good use of this particular property so we put it on consent. Joseph Strange: Thank you Gene. Madam Chairman, I make a motion to approve agenda item 8. Janice Anderson: Thank you. Do I have a second? I have a first by Joe Strange and a second by Kathy Katsias. AYE 10 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE Item #8 Larisa Properties, L.L.C. Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 8 for consent. DONNA HOUSE Map C-7 11"tit,rr Nall C, S CUP - Tvioo Establishmeni ftrmaneni ,vake-up) Relevant Information: • Kempsville District • Applicant requests a Conditional Use Permit for permanent makeup, which is considered to be a form of tattooing. • There will be only one (1) customer at a time. • All of the regulations applicable to tattooing will apply to this activity. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • No opposition (Consent Agenda). �•Z- v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Donna House for a Conditional Use Permit for a tattoo establishment (permanent make-up) on property located at 152 Newtown Road, Suites 110 and 112 (GPIN 1457948279). DISTRICT 2 — KEMPSVILLE MEETING DATE: April 8, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow the operation of a permanent make-up salon. Permanent make-up is considered a form of tattooing and is thus regulated by the same portions of the City Code that regulate tattoo establishments. ■ Considerations: The site is located near the intersection of Newtown Road and Princess Anne Road. The existing building was constructed in 1966 and is home to several office and service type uses. The applicant will occupy Suites 110 and 112. Customers will come by appointment only, and only one customer will be present at any one time. Operating hours will be Monday through Saturday from 9:00 a.m. to 6:00 p.m. Before the applicant can obtain a business license to operate, she will have to meet with representatives of the Health Department to determine if the unit meets the requirements of Chapter 23 of the City Code. The site appears to have sufficient parking for the users of the business, particularly since only one customer will be present at any one time. The Planning Commission placed this item on the consent agenda because the use is appropriate for the location, the level of activity to occur at the business is minimal, 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 conditions: 1. The Conditional Use Permit for a permanent make-up (tattoo) establishment is approved for a period of one year, with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of Donna House Page 2of2 the City Code. 3. No signage more than four (4) square feet of the entire glass area of the exterior walls shall be permitted on the windows. There shall be no neon signs; or neon accents installed on any wall area of the exterior of the building, windows and or / doors. 4. The actual permanent make-up (tattoo) operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. ■ 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:C lL. , DONNA HOUSE Agenda Item 10 March 12, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a tattoo establishment (permanent make-up) .y�� s Ij Wel M PIE ADDRESS/ DESCRIPTION: Property located at 152 Newtown Road, Suites 110 and 112 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14579482790000 2 - KEMPSVILLE SITE: 22,647 square feet UNIT: 574 square feet The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST operation of a permanent make-up salon. Customers will come by appointment only, and only one customer will be present at any one time. Operating hours will be Monday through Saturday from 9:00 a.m. to 6:00 p.m. Permanent make-up is considered a form of tattooing and is thus regulated by the same portions of the City Code that regulate tattoo establishments. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following: (a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and (b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. The site is located near the intersection of Newtown Road and Princess Anne Road. The existing building was constructed in 1966 and is home to several office and service type uses. The applicant will occupy Suites 110 and 112. Before the applicant can obtain a business license to operate, she will have to meet with representatives of the Health Department to determine if the unit meets the requirements of Chapter 23 of the City Code. The site appears to have sufficient parking for the users of the business, particularly since only one customer will be present at any one time. DONNA HOUSE Agenda Item 10 Page 1 LAND USE AND ZONING INFORMATION EXISTING LA14D USE: A commercial building containing offices and services and related parking occupies the site. SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Newtown Road • Princess Anne Road • An office building / B-2 Community Business • A gas station / B-2 Community Business There are no known significant natural resources 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 The request does not impact City Services. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan identifies this site to be within Strategic Growth Area 3. This Strategic Growth Area is a principal gateway to the City of Virginia Beach and is bisected by 1-264. Much of the area is developed with low to mid -rise structures comprising a mix of office and light industrial uses of varying quality. Where opportunities present themselves, development in this area should include mix of mid- to high-rise office buildings, as well as lower intensity light industrial and other non-residential uses. Some added retail uses scaled to support the local employment base may be appropriate. Evaluation: The request to operate a permanent make-up (tattoo) establishment is acceptable. Although the request falls under the definition of a tattoo establishment, the applicant's business is restricted to permanent make-up application only. CONDITIONS 1. The Conditional Use Permit is for a permanent make-up (tattoo) establishment is approved for a DONNA HOUSE Agenda Item 10 Page 2 period of one year, with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. No signage more than four (4) square feet of the entire glass area of the exterior walls shall be permitted on the windows. There shall be no neon signs or neon accents installed on any wall area of the exterior of the building, windows and or / doors. 4. The actual permanent make-up (tattoo) operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 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. DONNA HOUSE Agenda Item 10 Page 3 oo- se pgen6 page Z EXISTING SITS LAYOUT - NNP � HOUSE DO Agenda item 10 Page 5 DONNA HOUSE Agenda Item 10 Page 6 1. 3/22/94 Conditional Use Permit Truck rentals Approved 2. 2/26/90 Conditional Use Permit Outside storage) A proved 3. 4/10/89 Subdivision Variance Approved 4. 3/12/90 Conditional Use Permit Automotive Repair Approved 5. 6/9/98 Conditional Use Permit Automotive Restoration Approved 6. 12/12/95 Rezoning (1-1 Light Industrial to Conditional 1-2 Heavy Industrial Approved 7. 10/28/97 Rezoning (1-1 Light Industrial to Conditional B-2 Business Approved ZONING HISTORY DONNA HOUSE Agenda Item 10 Page 7 DISCILOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated or, complete the following: 1.-f-ist 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 -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) I t -- Q ,C- d�c here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Completer 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) ,,ll JJt� rr '^ � I~ I��j i:: L: t � Ci t f� � t"t�� C, {C�`�5 ; � i� , l_t G`i � VIS i�'�'l � � �• i rlC.7 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ri-' —See next page for footnotes Does an official or employee of the ity 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 Revised 7/3!2007 DONNA HOUSE Agenda Item 10 Page 8 w Loic 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 s"ces: (Attact�st if necessary) ,, ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "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 § 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. �, YV \ } �' Applicants Signature Print Name Pro,wAy Owner's Signature (if d' rent than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7!3/2007 DONNA HOUSE Agenda Item 10 Page 9 Item #10 Donna House Conditional Use Permit 152 Newtown Road, Suite 110 & 112 District 2 Kempsville March 12, 2008 CONSENT Joseph Strange: The next item is item 10, Donna House. An application of Donna House for a Conditional Use Permit for a tattoo establishment on property located 152 Newtown Road, Suite 110 & 112, District 2, Kempsville, with four conditions. Donna House: Hi. My name is Donna House, and I appreciate being put on the consent agenda this morning. Joseph Strange: Are the conditions acceptable? Donna House: Excuse me? Joseph Strange: There are four conditions. Are they acceptable? Donna House: Yes. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Henry Livas to review this item. Henry Livas: As previously stated, the property is located at 152 Newtown Road, Suite 110 & 112. The applicant requests a Conditional Use Permit to allow the operation of a permanent make -.up salon. As some people have said this is related to tattoos so therefore it comes under the same regulations that are required to operate a tattoo parlor. And that comes under Chapter 23. Some of the restrictions on tattoo parlors are that they can't be located within 600 feet of another parlor, residential areas or district schools. There are also some restrictions on the size of the signs and no neon signs are allowed. The site appears to have sufficient parkin; so therefore, we have put it on the consent agreement. Joseph Strange: "Thank you Henry. Janice Anderson: Could we have the applicant back up? Did she leave? Thank you ma'am. Mr. Knight just noticed there is a discrepancy in the address. What address is this? Is it Suite 110, 112 or both? Donna House: It is both. Item #10 Donna House Page 2 Janice Anderson: Both? Donna House: Yes. Janice Anderson: The Use Permit would be on both. Donna House: They opened the wall and it has taken in both. Janice Anderson: Okay. Thank you ma'am. Joseph Strange: Madam Chairman, I make a motion to approve agenda item 10. Janice Anderson: Thank you. Do I have a second? I have a first by Joe Strange and a second by Kathy Katsias. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 10 for consent. Item V.K. 7. PLANNING -38 - ITEM #57095 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY an Ordinance upon application of NEW CINGULAR WIRELESS PCS, L.L.C, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEW CINGULAR WIRELESS PCS, L.L.C. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER Ordinance upon application of New Cingular Wireless PCS, L.L.C. for a Conditional Use Permit for a communication tower on a portion of property located at 1052 Cardinal Road (GPIN 2418246584). DISTRICT 5 — LYNNHAVEN. Voting: I1-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Henley, Vice Mayor Louis R. Jones, Reba S. Oberndorf, John E. Uhrin Ron A. Villanueva L. Wood Council Members Voting Nay. None Council Members Absent: None Robert M. Dyer, Barbara M McClanan, Mayor Meyera E. , Rosemary Wilson and James November 27, 2007 NEW CINGULAR - CARDINAL ROAD CUP for Communication Tower Relevant Information: • Lynnhaven District • Applicant is seeking a Conditional Use Permit for a communication tower to be located adjacent to the swimming pool area for the Cavalier Golf and Yacht Club. • The proposed communication tower will host three carriers, is 95 - foot i:all, and is a stealth or "slick stick" style of monopole. • Council deferred the application in November to determine if there are any City facilities available that could serve as an alternative site. City's new Cell Tower Committee determined there are no such facilities available. Thus, the application is being returned to City Council. • AICUZ is 65 — 70 dB. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • No opposition. �uZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of New Cingular Wireless PCS, L.L.C. for a Conditional Use Permit for a communication tower on a portion of property located at 1052 Cardinal Road (GPIN 2418246584). DISTRICT 5 — LYNNHAVEN. MEETING DATE: April 8, 2008 ■ Background: On November 27, 2007, the City Council indefinitely deferred this application to allow time for City staff to develop policies pertaining to the use of public facilities for wireless communication antennas, develop revisions to the current Zoning Ordinance provisions regulating the placement of wireless communication antennas, and review the proposal to determine if any public facilities are available as an alternative. Staff has developed a preliminary policy for such reviews, as well as a draft set of ordinance revisions, both of which are forthcoming to City Council. The City Staff Wireless Communication Tower Group has reviewed the applicant's proposal and has determined that there are no public facilities in the vicinity suitable as an alternative location for these antennas. Thus, with the concurrence of the Lynnhaven District Councilman, this item has been advertised for the April 8, 2008 City Council hearing. The applicant is seeking a Conditional Use Permit for a communication tower to be located adjacent to the swimming pool area for the Cavalier Golf and Yacht Club. The proposed communication tower will host three carriers, is 95 -foot tall, and is a stealth or "slick stick" style of monopole. The applicant demonstrated that a thorough search of the area was conducted without success for the purpose of attempting to find an existing tower or structure with antenna space that would provide the coverage needed. ■ Considerations: The submitted site plan depicts a 525 -square foot lease area adjacent to the maintenance facility and behind the pool area. A proposed 12 -foot by 20 -foot (12' x 20') shelter for equipment and the tower are proposed within the lease area. Fencing and landscaping will enclose the lease area. A 20 -foot access easement for the roadway to the lease area will be recorded. New Cingular Wireless PCS, L.L.C. Page 2 of 3 The Comprehensive Plan Map 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. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods are considered acceptable uses provided effective measures are taken to ensure compatibility and non-proliferation of such activities. Staff determined that the proposed tower meets the criteria specified in Section 232 of the City Zoning Ordinance. The City of Virginia Beach Department of Communications and Information Technology (COMIT) reviewed the request and found it acceptable in regard to potential for interference with City communications. ■ Recominendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The :site shall be developed substantially in accordance with the submitted development plans entitled "BIRDNECK POINT, site number NF304K, prepared by ALLPRO Consulting Group, Inc., and dated 2/2/07. The tower shall be developed in accordance with the submitted plan entitled "Tower Elevation", prepared by Thompson and Litton, and dated 10/4/07. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning. 2. The proposed tower shall not exceed 95 -feet in overall height. 3. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users. 4. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 5. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. New Cingular Wireless PCS, L.L.C. Page 3of3 ■ 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 • l(— . NEW LINGULAR WIRELESS PCS, LLC. Agenda Item 7 October 10, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a Communication Tower Mae IL-5 I I WN IFN �.� wk100 �7 %„ Sk N Jill ADDRESS / DESCRIPTION: Property located at 1052 Cardinal Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24182465840000 5 - LYNNHAVEN 525 square feet (lease area) The applicant is seeking a conditional use permit for a SUMMARY OF REQUEST communication tower to be located on the site. The proposed communication tower will host three carriers, is 95 -foot tall, and is a stealth or "slick stick" style of monopole. The submitted site plan depicts a 525 -square foot lease area adjacent to the maintenance facility and behind the pool area associated with the Cavalier Golf and Yacht Club. A proposed 12 -foot by 20 -foot shelter, for equipment and the tower are proposed within the lease area. The equipment shelter will be 9 -feet, '10 -inches in height and made of metal. Fencing and landscaping are proposed to enclose the lease area. A 20 -foot access easement for the roadway to the lease area will be recorded. The applicant states a thorough search of the area was conducted without success for the purpose of attempting to find an existing tower or structure with antenna space that would provide the coverage needed. Since the search was not successful, the applicant is requesting this use permit to allow a communication tower on the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Cavalier Golf and Yacht Club clubhouse, tennis courts, pool, and maintenance facilities occupy the site. SURROUNDING LAND North: . The Cavalier Golf and Yacht Club clubhouse / R-40 Residential NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 1 USE AND ZONING: South: • The Cavalier Golf and Yacht Club maintence facility and tennis courts / R-40 Residential East: . Cardinal Road • Across Cardinal Road is the Cavalier Golf and Yacht Club marina / R-40 Residential West: . A portion of the Cavalier Golf and Yacht golf course / R-40 Residential NATURAL RESOURCE AND The existing subdivision and golf course were platted and recorded in CULTURAL FEATURES: the County Clerk's office in June 1926, with the golf club opening in 1930. Mature landscaping and trees exist on the site. AICUZ: The site is in an AICUZ of Less than 65-70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There is no impact to City services. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map 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. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods are considered acceptable uses provided effective measures are taken to ensure compatibility and non-proliferation of such activities. Evaluation: The request for a Conditional Use Permit for a Communication Tower is acceptable. The applicant searched the area for collocation availability and was unable to locate an existing tower or a structure tall enough to meet the network needs. The applicant provided maps of the existing AT&T network in the city, the existing network coverage, and the proposed network coverage maps to demonstrate tower locations and network needs. The applicant also provided a structural report confirming the tower will be designed in accordance with the Virginia Uniform Statewide Building Code and will accommodate one carrier. Additionally the submitted NIER (non -ionizing electromagnetic radiation) report states "...the proposed operation at this site would not result in exposure to the Public excessive levels of radio-frequency energy as defined by the FCC Rules and Regulations, specifically 47 CFR 1.1307, and that Cingular Wireless' proposed operation is completely compliant". The City of Virginia Beach Department of Communications and Information Technology (COMIT) reviewed the request and found it compliant. NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 2 CONDITIONS 1. The site shall be developed substantially in accordance with the submitted development plans entitled "BIRDNECK POINT, site number NF304A", prepared by ALLPRO Consulting Group, Inc., and dated 2/2/07. The tower shall be developed in accordance with the submitted plan entitled "Tower Elevation", prepared by Thompson and Litton, and dated 10/4/07. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning. 2. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 3. The proposed tower shall not exceed 95 -feet in overall height. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 6. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 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. NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 3 PROPOSED SITE PLAN NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 4 TOP OF STRUCTURE @ 90' lqp�� -- •'- TOWER ELEVATION NOT TO SCALE L ANTENNAS BT RAD CENTER ST RAD CENTER BT RAD CENTER NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 5 M EXISTING PROVIDER COVERAGE NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 7 nummmwlm - omxv- view FROM CAR- RpAD Ltc pda Cs, ELF -SS nIteM 7 NFVV CINGU IF pge page E The existing subdivision and golf course were platted and recorded in the County Clerk's office in June 1926, with the golf club opening in 1930. The golf club recently was denied a request for a Conditional Use Permit for a golf club maintenance facility. ZONING HISTORY NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 10 DISCLOSURE STATEMENT 11 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) Cingular Wireless is a publicly traded company 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, 'trustees, partners, etc. below: (Attach list if necessary) Cavalier Golf & Yacht Club, Inc. , 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` 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 Use Permit Application Page 9 of 10 Revised 1 111 612 006 DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 11 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) SAI Communications, New Cingular Wireless PCS, LLC, ALLPRO Consulting Group. 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 § 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 § 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. Lisa M. Murphv. Esq. Applicant's Signature I Print Name � ' ' � .,T.tin � . �l�llaso•n Pro rtY ywne ' Signature (if different than applicant) Print Name C'z;,O/4 M Conditional Use Permit Application Page 10 of 10 Revised 713!2007 DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 12 :2-4' C) !may IE -4 'Qy �y lh�{ �y y 2, C) DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wit] 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) SAI CorrimuniCM0M. New Cingular W"Iess PCS. LLC, ALLPRC ConsuMng Group. LeClair Ryan ' 'Parent -subsidiary relationship' means 'a relationship that exists xthen one corporation directly or indireettv owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (0 one business entity has a controlling ownership interest in the other business entity, (u) 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 shoWd be considered in determining the existence of an affiliated business entity re!ationship 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 dose working relationship betNeen the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is we and accurate. 1 understand'ftL upon receipt of notification +postcard) that the application has been scheduled for public hearing, I am, esponsible for obtaining and posting the required sign on the subtect property at !east 30 days prior to the scheduled public hearing according to Che .nstructions in this package The undersigned also consents to entry upon the subject property by employees ,f the Department of Planning to photograph a.W ),W the site for purposes of processing and evaluating this application Applicant's Signature Print Nlarrt9 Properly avner's Signature ;r? differerit than applicant) Print Mame SCMrrnai:Ise Femv; kv Kazlon Page 1C or 1C Rersea 7. b<CC'+ DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 13 The new e✓ at&t your wml�.Ocuvcrca Jay Perez • Executive Director - LP - Legal • phone 973-037-9379 - fax 973.637-9830 August 8, 2007 Department of Planning Municipal Center Building #2, Room 115 Virginia Beach, VA 23456 To Whom It May Concern: I am in-house counsel for your applicant, New Cingular Wireless PCS, LLC. This letter confirms that pursuant to company's Schedule Of Authorization, Tina Harris, Real Estate and Construction Manager, has the requisite authority to sign the zoning applications on behalf of the company. For New Cingular Wireless PCS, LLC Jay Perez v AT&T • 5 Wood Hollow Road • Parsippany, NJ 07054 DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC. Agenda Item 7 Page 14 Item #7 New Cingular Wireless PCS, L.L.C. Conditional Use; Permit 1052 Cardinal Road District 5 Lynnhaven October 10, 2007 REGULAR Joseph Strange: The next item is item 7, New Cingular Wireless PCS, L.L.C. An application of New Cingular Wireless PCS, L.L.C. for a Conditional Use Permit for a communication tower on a portion of property located at 1052 Cardinal Road, District 5, Lynnhaven, with six conditions. Barry Knight: Welcome Lisa. Lisa Murphy: Good afternoon Chairman and members of the Commission. For the record, my name is Lisa Murphy, and I'm a local attorney, and I'm here today on behalf of AT&T, which is formerly Cingular Wireless. The application itself, again, unlike some of the applications that you heard today, and at other times is really driven by technology. And the primary issue here is the need for the radio frequency engineer and the network to fill a hole that they have in their coverage. This is a whole lot like the situation at Little Neck, only on a smaller scale because you have a situation where you have a peninsula largely or almost entirely residential. You will see in the center is 304s site location, but this is all Birdneck Point over here. Some of the surrounding sites over here, you have a site at the hospital is actually only 72 feet tall. It is limited because it is on a rooftop. Along here, obviously, you have a couple of high rises at the Oceanfront where they are getting coverage at the Oceanfront and somewhat away from the Oceanfront. Those high rises, I think are 160 some odd and 170 feet. Unfortunately, as we're starting to see, and again which is the case at Little Neck, there have been some spots on Great Neck Road in the residential areas, but now that we have, I think the numbers are 233 million users, and we've gone essentially from the technology that is really limited to drivers and folks using them in their cars on the highways and on the major roadways, we've got an industry now that has matured and almost all users expect to use their phones inside their homes. So what this map shows is the coverage on this Birdneck peninsula. There aren't any facilities around it. They have been looking for awhile to site a facility. There were some controversy on this, but for the carriers, it is cheaper and easier to go to a structure that is already there. You know, there is a great deal of certainty. There are no public hearings. Unfortunately, they don't need folks like me. They can locate on the site. So, in this situation, you got the unique problem of being a highly residential peninsula, which is really the majority of our users. The site itself, after meeting with the; neighborhood, and what we did at the outset knowing there was a prior application on this property that was controversial, we sent a post card to all 250 residents of Birdneck Point, set up a meeting at the country club, which they did very nice job hosting for us. And we shared with them the application that we had. What makes this application different, and I think you got a photo, and it is not the exact photo, but this particular design Item #7 New Cingular Wireless PCS, L.L.C. Page 2 and what it shows is the design as a pole design. What we had originally proposed, much like at the high schools, is the flush mounted antennas, where the antennas are right on top of the pole. In meeting with the neighbors, we talked about a variety of designs. Stealth designs, flag pole was thrown out. That might be something that would look good. Tree was thrown out. But largely, what the folks decided was the design where you have a slick -stick stealth, meaning unfortunately, it is unlike this picture. But you have everything internalized in that pole. And that is the design they felt most comfortable with. They didn't want a flag on it because that would flap in the wind. They wanted just to see a pole. The height of this is right at 90 feet. You've got some new plans, I think. This is still the older plan. But the new plan shows the top of the structure. You have antennas that are internalized. So there was some discussion about that in condition 2. The plan itself will be the revised plan that shows the internalized. We got a picture of that which I can show you. There is actually opaque material at the top of the pole, the antennas are put inside, so you really wouldn't know by looking at this what it was designed for. This one is 90 feet. I think the light poles at Little Neck are 110 feet: Just to give you some frame of reference. There is a pole at the Wave Church at Great Neck Road that is actually 130 foot pole, again all with internalize antennas. And what we said to the folks was, you know, take a look at the design at the Wave Church, which is actually 40 feet taller. And they were comfortable with that design. So, that was the design that we decided on. And unfortunately, as a result of some engineering issues we were a little bit slow getting that to Faith, but that was the commitment that we made to the community. Again, we met with the folks and they felt comfortable with the design. I don't think there is anyone here today. We respectfully request that you approve this given that it is a stealth design slick -stick and it is limited to 90 feet. I think, the staff report says 95 feet, but it is actually a 90 foot structure. And, I'm happy to answer any questions that you have. Barry Knight: Are there any questions of Ms. Murphy at this time? Ms. Anderson. Janice Anderson: So Ms. Murphy you would be happy with the deletion of the old number two condition? Lisa Murphy: Yes. Janice Anderson: Thank you. Barry Knight: Mr. Whitney, if you would, in our informal session today, we know there is a study going on most cell towers, and specifically the ones in rural areas. Can you kind of summarize for us our thoughts and your thoughts about why it probably wouldn't be a bad idea to forward with this one today? Jack Whitney: Yes sir. As you mentioned, staff has briefed the Commission last month, and yesterday we provided a similar briefing to City Council. There are five Use Permits applications for cell towers in the process. We thought it was helpful to both the Planning Commission and City Council to provide information about the latest technology and answer some of the frequently asked questions about such towers in terms of why they need to be Item #7 New Cingular Wireless PCS, L.L.C. Page 3 located where they are and why they need to be as tall. Can they be more stealthy? And some of the land use impacts to the landscape and the surrounding neighbors have been raised. There was one cell phone tower application, which was heard by City Council yesterday. In lieu of that, and those issues, the City Council deferred that application for 45 days and directed the staff to look at alternatives including collocation of these facilities, this infrastructure on other public infrastructure such as water towers, light poles, and so forth, and private infrastructures such as private utilities power transmission lines for example. The item yesterday was in the southern part of the city. There had been some opposition to it. I believe this one: can be differentiated from those. First off, there is no opposition that I'm aware of. It is not in the southern part of the city. Alternatives for collocation are drastically reduced, if even present for this particular application. And, they are proposing a stealth type technology. Slick -stick is a new term for me. So, I think that the fact that they're using stealth technology, which was one of the issues raised by Council, it is not in the southern part of the city, there are relatively few, if any, alternatives for collocation here, and there is no opposition, I think differentiates this from some of the other similar applications that are in the process right now. Barry Knight: Thank you Mr. Whitney. Is there any discussion? Ms. Katsias? Kathy Katsias: In accordance with Mr. Whitney's comments, I think.I would like to make a motion to approve this application. Barry Knight: Is that with the deletion of condition 2? Kathy Katsias: With the deletion of condition 2. Dorothy Wood: I would like to second it. Barry Knight: Okay. There is a motion on the floor to approve by Kathy Katsias and seconded by Dot Wood, also noted the deletion of condition 2. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WODO AYE Item #7 New Cingular Wireless PCS, L.L.C. Page 4 Ed Weeden: By a vote of 11-0, the Board has approved the application of New Cingular Wireless PCS, L.L.C. with the deletion of condition 2. Barry Knight: Thank you. -53 - Item V.K.S. PLANNING ITEM # 55199 (Continued) 3. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance (CZO). Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy or light poles. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type offixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. 5. Canopy lighting shall be recessed and not spill over onto adjacent properties and rights- of -ways. 6. The dumpster areas shall be enclosed with a solid wall to match the building and landscaping in accordance with Section 245(e) of the City Zoning Ordinance. No outdoor vending machines and/or display of merchandise shall be allowed. 8. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the City Zoning Ordinance. 9. Bicycle racks shall be provided near the entrance of the store. These Ordinances shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Dieael, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 9, 2006 -52 - Item V.K.5. PLANNING ITEM # 55199 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of PROSPERITY BEACH, L.L.C. and WAWA, INC. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF PROSPERITY BEACH, L.L. C. FOR A CHANGE OF ZONING DIS7RICT CLASSIFICATION FROM AG -2 AGRICULYTJRAL DISTRICT TO CONDITIONAL B-2 Z05061249 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Prosperity Beach, L.L. C. for a Chan e o Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District on property located at 1375 Oceana Boulevard and 1000-1024 Eaglewood Drive (GPINs 2415488215; 2415581209; 2415581232; 2415581120; 2415582073). DISTRICT 6 — BEACH 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. ORDINANCE UPON APPLICATION OF WAWA, INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH CONVENIENCE STORE R050634156 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 Ordinance upon Application of Wawa, Inc. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store on property located on the southwest corner of Eaglewood Drive and Oceana Boulevard (GPINs 2415581120; 2415488215; 2415581209; 2415581232). DISTRICT 6 — BEACH The following conditions shall be required: The site shall be developed substantially in accordance with the submitted conceptual site layout and landscape plan of "Oceana Crossing, Oceana Boulevard, Virginia Beach, VA ", prepared by MSA, P.C., and dated 5131105. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The applicant shall submit building and canopy elevations to the Current Planning Division of the City of Virginia Beach Planning Department for review and approval before the formal site plan submittal. May 9, 2006 PROSPERITY BEACH, LLC Modification of Conditions Relevant Information: Beach District Applicant desires to modify the proffers of a 2006 rezoning due to the need to shift the location of buildings shown on the proffered site plan (investigation after the 2006 rezoning found a water line traversing the site where a building was shown). 5,000 square feet of additional retail is also being added. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • No opposition (Consent Agenda). ro4��\'�` CiTY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Prosperity Beach, L.L.C. for a Modification of Proffers of a Change of Zoning approved by City Council on May 9, 2006. Property is located at 1000 Eaglewood Drive (GPINs 2415581232; -1120; -2073; -1209; 2415488215). DISTRICT 6 — BEACH MEETING DATE: April 8, 2008 ■ Background: A Conditional Rezoning from AG -2 Agricultural District to Conditional B-2 Community Business District was approved by the City Council on May 9, 2006. The Conditional Rezoning has five proffers. ■ Considerations: The applicant desires to modify Proffer 1 from the 2006 rezoning, as the site design had to be reconfigured to shift the proposed buildings north and south of an existing 16 -inch water line that transverses the site. The actual location of the water line was not determined until field investigations were performed after the 2006 rezoning. Additionally the previous approval allowed 37,000 square feet of retail space to be dispersed in two buildings. The applicant wishes to increase the retail space to 42,142 square feet in three buildings. Two of the buildings will be parallel to the northern property line and contain 17,821 square feet each, and a smaller building of 6,500 square feet will be parallel to the southern property line. This reconfiguration of the site due to the location of the utility easement is not a significant change from the originally approved proposal. The total floor area of the retail uses falls within parameters for a neighborhood commercial center, and thus, the center is not likely to be a destination point for users other than those living in the immediate area. The proposed development exhibits an attractive, high quality design compatible with existing residential uses. The site design lessens any potential negative impacts on the adjoining neighborhood due to light pollution, signage, and safety concerns. Adequate landscaping is provided to enhance the site layout and act as a buffer to residential uses. The Planning Commission placed this item on the consent agenda because the requested modification is minor, ensuring the continued compatibility of the use with the surrounding area, and there was no opposition. Prosperity Beach. L.L.C. Page 2 of 2 ■ 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 C V , 42)8 UY,7� PROSPERITY BEACH, L.L.C. Agenda Item 6 March 12, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: Modification of Proffers from the Conditional Change of Zoning from a Change of Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District granted by the City Council on May 9, 2006. ADDRESS / DESCRIPTION: Property is located at 1000 Eaglewood Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24155812320000; 6 - BEACH 5.9 acres 24155811200000; 24155820730000; 24155812090000; 24154882150000 SUMMARY OF REQUEST The Conditional Rezoning from AG -2 Agricultural District to Conditional B-2 Community Business District was approved by the City Council on May 9, 2006. The Conditional Rezoning has five proffers, which are provided below. The applicant desires to modify Proffer 1, because the site design had to be reconfigured to shift the proposed buildings north and south of an existing 16 -inch water line that transverses the site. The actual location of the water line was not determined until field investigations were performed after the 2006 rezoning. Additionally the previous approval allowed 37,000 square feet of retail space to be dispersed in two buildings. The applicant wishes to increase the retail space to 42,142 square feet in three buildings. Two of the buildings will be parallel to the northern property line and contain 17,821 square feet each, and a smaller building of 6,500 square feet will be parallel to the southern property line. PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 1 2006 Proffers: PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF OCEANA CROSSING", prepared by MSA, P.C., dated 05/31/05, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, the exterior of the commercial center shown on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Oceana Crossing for Wright Dean Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by Martin & Martin Architecture, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Oceana Crossing Elevations"). PROFFER 3: When the Property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Oceana Crossing Elevations. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. LAND USE AND ZONING INFORMATION EXISTING LAIVD USE: Undeveloped site SURROUNDING LAND North: . Oceana Boulevard and mini -warehouse development / B-2 USE AND ZONING: Business • Across Oceana Boulevard is the United States Navy Commissary / A-12 Apartment South: . Single-family dwelling / AG -2 Agricultural East: . Eaglewood Drive • Across Eaglewood Drive is a small retail business / AG -2 Agricultural West: . Single-family dwelling / R -5D Residential NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn surrounding NAS Oceana. The proposed uses are compatible with this AICUZ. PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Oceana Boulevard is a four -lane divided minor urban arterial at this location. Oceana Boulevard currently has an approximate width of 76 feet. The Master Transportation Plan depicts an ultimate right-of-way of 100 feet for a divided roadway with a bikeway. There are no plans in the current Capital Improvement Program for Oceana Boulevard. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Oceana 33,472 ADT 22,800 ADT Existing Land Use — Boulevard (1,539 Peak Hour) (1,190 Peak Hour) 4,275 ADT (153 Peak Hour) Proposed Land Use 3— 4,563 ADT (161 Peak Hour Average Daily Trips 2 as defined by previously approved 35,600 sq. ft. retail and 16 pump gas station with convenience mart Sas defined by 42,100 sq. ft. retail and 16 pump gas station with convenience mart WATER: This site must connect to City water. There is a 12 -inch water line in Eaglewood Drive fronting the site, and a 16 -inch water line within a utility easement running through the site. SEWER: The site must connect to City sanitary sewer. There is an eight -inch sanitary sewer main in Eaglewood Drive fronting the site. There is a 10 -inch sanitary sewer force main in an easement transecting the site. The applicant must provide an analysis of Pump Station 127 and the sanitary sewer collection system to ensure future flows can be accommodated. POLICE: The applicant is encouraged to employ the use of Crime Prevention Through Environmental Design (CPTED) strategies with regard to street lighting and open space areas. Lighting should overlap and be uniform throughout the development. A Lighting Plan and / or Photometric Diagram Plan will be submitted during detailed site plan review. SCHOOLS: School populations are not affected by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 3 Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The request for the modification of proffers to allow a redesign of the site and add an additional building is acceptable. The reconfiguration of the site due to the location of the utility easement is not a significant change from the originally approved proposal. The total floor area of the retail uses falls within parameters for a neighborhood commercial center, and thus, the center is not likely to be a destination point for users other than those living in the immediate area. The proposed development exhibits an attractive, high quality design compatible with existing residential uses. The site design lessens any negative impacts due to light pollution, signage, and safety concerns to ensure neighborhood preservation. Adequate landscaping is provided to enhance the site layout and act as a buffer to residential uses. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer number 1 in the 2005 Proffers is amended to read: "When the Property is developed, it shall be developed and landscaped substantially as shown on the "LAYOUT PLAN FOR PROSPERITY BEACH RETAIL SHOPPES AT EAGLEWOOD DRIVE AND OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA", prepared by Site Improvement Associates, dated 4/10/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Site Plan"). PROFFER 2: All of the terms, conditions, servitudes and agreements set forth in the 2005 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060519000756440, save an except Proffer #1, 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 are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The City Attorney's Office has reviewed the proffer agreement dated December 20, 2007, and found it to be legally sufficient and in acceptable legal form. PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 4 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. PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 5 AERIAL OF SITE LOCATION PROSPERITY BEACH, L.L.C. Agenda Item 6 Page as i�aavauou ��+wr x�so @Nh3Y%8 YNY3J0 B+�E� -- sic»�w '' 3M1BC300ph43'DY32Y s_�`�__ _ -- rxar�nmaeswa j �dddi6'FvtiFl�t1JY�8.AS8�B0Eid ,y:e. dlga3. PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 7 PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 8 t �T RENDERING OF PROPOSED BUILDING PROSPERITY BEACH, L.L.C. Agenda item 6 Page 9 RENDERING OF PROPOSED BUILDING PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 10 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) Prosperity Beach, LLC: Wilbur E. Edwards, Jr., Managing Member; Robert Wright, Managing 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? Modification of Conditions Application Page 10 of 11 Revised 713/07 PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 12 IFDISCLOSURE 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) Martin & Martin Architecture; Site Improvement Associates; Sykes, Bourdon, Ahem, & Levy, P.C.; P.G Harris Construction, Inc.; Wilbur E. Edwards, Jr., P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "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 § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 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 a site for purposes of processing and evaluating this application. I 2 D Craig Dean Applicant's gnat Print Name Property Owners Signature (if different than applicant) Modification of Conditions Application Page 11 of 11 Revised 7/3/2007 Print Name PROSPERITY BEACH, L.L.C. Agenda Item 6 Page 13 Item #6 Prosperity Beach, L.L.C. Modification of Conditions 1000 Eaglewood Drive District 6 Beach March 12, 2008 CONSENT Joseph Strange: The next matter is agenda item 6. An application of Prosperity Beach, L.L.C. for a Modification of Conditions approved by City Council on May 9, 2006. The property is located at 1000 Eaglewood Drive, District 6, Beach, with two proffers. Eddie Bourdon: Thank you Mr. Strange. For the record, my name is Eddie Bourdon, a Virginia Beach attorney representing Prosperity Beach, L.L.C. on agenda item 6 for a Modification of Conditions. We greatly appreciate being on placed on the consent agenda. can tell you that I've got a number of calls from the folks in the Redwing community who were anxious to make sure that we were still doing a Wawa on this site, and that the modifications didn't involved them going away. So, I think they're looking forward to this. Thank you very:much. Janice Anderson: Thank you. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Jay Bernas to review this item. Jay Bernas: This item had a Conditional Rezoning that was approved on May 9, 2006 and had five proffers. The applicant desires to modify the first proffer as during the field investigations they found a sixteen inch city waterline that traverses the site. So, the applicant would like to reconfigure the site and increase the retail space from 37,000 square feet to approximately 42,000 square feet, and have three buildings. Two buildings will be parallel to the northern property line and will be 17,821 square feet each, and the smaller building would be 6,500 square feet and would be parallel to the southern property line. The Commission felt this was approvable and we placed it on the consent agenda. Joseph Strange: Thank you Jay. Madame Chair, I make a motion to approve agenda item 6. Janice Anderson: Thank you. Do I have a second? I have a first by Joe Strange and a second by Kathy Katsias. AYE 10 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE Item #6 Prosperity Beach, L.L.C. Page 2 HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. In Reply Refer To Our File No. DF -6995 TO: Leslie L. Lilley FROM: B. Kay Wilsov ll_� CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 26, 2008 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Prosperity Beach, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on .April 8, 2008. 1 have reviewed the subject proffer agreement, dated December 20, 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: Kathlee assen PREPARED BY: MSYKES, BOURDON, AMN & IM P.C. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS PROSPERITY BEACH, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this loth day of December, 2007, by and between PROSPERITY BEACH, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of five (5) parcels of property located in the Beach District of the City of Virginia Beach, containing approximately t 5.90 Acres which are more particularly described as Parcels 1, 2, 3, 4 and 5 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to 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 October 31, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20o60519000756440 (hereinafter "2005 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 GPIN: 2415-58-1232 2415-48-8215 2415-58-1120 2415-58-1209 2415-58-2073 1 PREPARED BY: SYKES, BOURDON. RM AHERN & LEVY. P.C. 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 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 2005 Proffers is amended to read: "When the Property is developed, it shall be developed and landscaped substantially as shown on the "LAYOUT PLAN FOR PROSPERITY BEACH RETAIL SHOPPES AT EAGLEWOOD DRIVE AND OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA", prepared by Site Improvement Associates, dated 04/10/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2005 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20o6051900075644o, save and except Proffer 2 PREPARED BY: SYUS. $OUMON. M ARM & UVY. P.0 #1, 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 B-2 Commercial 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 consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, 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. (i) 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; 3 PREPARED BY - M BY- MSYK£S. $OURDON. EM AHERN & 1M. P.C. (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 (q.) 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. G' WITNESS the following signature and seal: Grantor: Prosperity Beach, L.L.C., a Virginia limited liability company i A, -Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 27th day of December, 2oo7, by Craig Dean, Managing Member of Prosperity Beach, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SYKES. BOURDON, ARM & LEVY. P.C. •-iry Public 5 PREPARED BY. M SYKES. $OURDON. M AHERN & LEVY. P.0 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece, or parcel of land, situate in Seaboard Borough, of the City of Virginia Beach, Virginia, and shown on the plat entitled "Property of Cordie E. Whitehead, located near Dam Neck", made by W.B. Gallop, County Surveyor, July 25, 1956, and recorded. in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 15, and designated on said plat as "Cordie E. Whitehead" and bounded and described as follows: Beginning at a pipe in the Southwest intersection of Route 615 and a 20 foot private lane and from said point running South 29 degrees 23 minutes East 145 feet to a pin, thence South 75 degrees 10 minutes West 502.1 feet, thence North 61 degrees oo minutes West 16o feet to a point, thence North 72 degrees 15 minutes East 581.7 feet along said private lane to the point of beginning. GPIN: 2415-58-1232 PARCEL 2: ALL THAT certain lot, piece or parcel of land, being in the Seaboard Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot A, as shown on that certain plat entitled "Property of Thomas B. Bunting, located Near Dam Neck in Princess Anne County, Virginia", Scale: 1" = loo', dated October 7, 1958, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 12 to which reference is hereby made for a more particular description. Less and Except that portion of the property conveyed to the City of Virginia Beach for improvement of Oceana Boulevard as recorded in Deed Book 3987, at Page 1024. GPIN: 2.415-48-8215 PARCEL 3: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia;, (formerly Seaboard Magisterial District of Princess Anne County) and shown on the plat entitled, "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK", made by W.B. Gallup, County Surveyor, July 25, 1956, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, Page 15; and designated on said plat as "Cordie E. Whitehead 1.o8 Acres", and bounded and described as follows: BEGINNING at a pin in the ground 145 feet S. 29 Degrees 23' E, from the southwest intersection of Route 615 and a 20' private lane, and from said point, running S. 29 N PREPARED BY: SYKES. ROURDON. M A99ZN & LM. P.C. Degrees 23' E., loo feet to a pin; thence S. 74 Degrees 12' W., 418.9 feet; thence N. 61 Degrees oo' W., 150 feet to a pin; thence N. 75 Degrees 1o' E., 502.1 feet to the point of beginning. Said property is also shown on a plat entitled, "PLAT OF VICTOR J. JR. AND ELEANOR C. BELISIE", recorded in the above mentioned Clerk's Office in Map Book 185, at Page 41, as a parcel containing 46,341 square feet or 1.o63 acres. GPIN: 2415-58-1120 PARCEL 4: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, described as "20' PRIVATE LANE" on the plat entitled "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK -IN PRINCESS ANNE CO., VA", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, Page 15; and also described as "20' PRIVATE LANE" on the plat entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED NEAR DAM NECK- IN- PRINCESS ANNE CO., VA." which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia beach, Virginia, in Map Book 52, at Page 12, and bounded as follows: On the south by the property described as "Cordie E. Whitehead 1.579 Acres" as shown on the plat entitled "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK -IN -PRINCESS ANNE CO., VA.", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 15; On the north by the property described PARCEL A, 2.17 AC. as shown on the plat entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED NEAR DAM NECK -IN -PRINCESS ANNE CO., VA.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Pate 12; On the west by the street described as Flicker Way; and On the east by the street described as Oceana Boulevard. GPIN: 2415-58-1209 PARCEL 5: All that certain lot, piece or parcel of land, situate, lying and being in the Seaboard Magisterial District of the City of Virginia Beach, Virginia, bounded and described as follows: Beginning at a station on the western side of the Eastern Shore Public Road, miscalled Croatan Road to Princess Anne Courthouse to said 20 foot private road to an axle in the line of J. W. McClannan; thence along McClannan's line N 62° W 15o feet; thence S 12° 15' 7 E to the Western side of said Public Road; thence northerly loo feet to the point of beginning. GPIN: 2415-58-2073 ModificationtoProffers/ProsperityBeach/Proffer PREPARED BY: M SYY£S. $OURDON. M AIIW & LEVY. P C Item L.4. PLANNING -41 - ITEM # 57451 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of April 8, 2008, Ordinance upon application of BQI GROUP, Inc. for a Modification ofPro$ers of a Change of Zoning approved by City Council on August 10, 2004 (ALCAR, L.L.C). ORDINANCE UPON APPLICATION OF BQI GROUP, INC. FOR A MODIFICATION OF PROFFERS ON A CHANGE OF ZONING APPROVED BY CITY COUNCIL AUGUST 10, 2004 (ALCAR, L.L.C.). Ordinance upon application of BQI Group, Inc, for a Modification of Proff ers on 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 Voting: 11-0 (By Consent) Council Members Voting Aye: William R "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R Jones, Mayor Meyera E. Oberndorf, John E Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay None Council Members Absent: None Robert M. Dyer, Reba S McClanan, Ron A. Villanueva, Council Lady Wilson DISCLOSED re the application of BQI GROUP, INC. (item L.4). BQI is a client of Goodman and Company, but not her husband's personal client March 25, 2008 BQI GROUP Modification of Proffers Relevant Information: • Kempsville District • Applicant requests a Modification of Proffers to change the dwelling unit design and to increase the number of dwellings by nine (9) for a total of 57. • The purpose of the modification is to allow the developer to build a unit type that will be more marketable. • AICUIZ is Less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends denial (6-5) • No opposition. 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: April 8, 2008 ■ Background: On March 25, 2008, the City Council deferred this application to April 8, at the request of the applicant. 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 townhome 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. BQI Group, Inc. Page 2 of 2 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 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) ■ Recomrriendations: 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: Planning staff recommends approval. Planning Commission recommends denial. Submitting DepartmenVAgency: Planning Department City Manage IA -B 0 Ss i e rr 4q epi. 4 ,S d Of OUR NJ J%Q OFFICE OF THE CITY MANAGER (757)365.4242 FAX(757)427-5626 March 24, 2008 City of Virgir-lia Beach The Honorable Meyera E. Oberndorf, Mayor Members of City of Virginia Beach Subject: BQI Group, Inc. Application Dear Council Members: VBgov. com MUNICIPAL CENTER BUILDING 1. ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 234569001 The modification of proffers application before you on March 25 raises several questions and concerns. These were discussed and are reflected in the transcript of the Planning Commission meeting minutes of March 12, 2008. The Commission's action denied the request by a 5 to 6 vote on the approval motion. The Planning staff had recommended approval of the proffer modifications based upon a desire to keep the project viable, the lack of objection from the owners of the nineteen units already sold, and the maintenance of architectural quality on the proposed smaller units. I do not share the view of the Planning staff on this application and in discussion with them last week believe a significant policy issue is presenting itself more frequently as conditions in the economy deteriorate. That issue is simply: Does the City Council have a need or obligation to change conditions on previously approved development applications to offset changes in market conditions? We are seeing increasing numbers of this type of request. Planning staff indicates that many never advance to Council level since they clearly diverge from the original set of approval conditions. Lately, several requests have reached your meetings for decision. When do these types of modification requests simply represent almost a traditional "bait -and -switch"? Related to that question is another criteria we need to consider if the request was submitted originally in the newly modified forum, would it have been approved? Members of City Council Subject: BQI Group, Inc. Application March 24, 2008 Page 2 On the BQI application at hand, I would hope the answer would be "no, it would not have been approved". The deletion of the garage units, increased density, and reduction in size of the units literally takes us back to the type of townhouse development of the 1970's where the streets are lined with parking pads directly backing in to the travel lanes. With the proposed twenty -foot wide dwelling units, virtually the entire front yard is parking area. Also, with the deletion of the garage units comes a severe lack of storage space which can manifest outdoor storage that further detracts from the appearance and long- term value of the project. If any community should have learned how not to design townhouse developments, it should be us based upon some of the 1970's projects. The approval of the changes requested—deletion of garages, smaller/narrower units, increased density, less open space—represents a permanent degradation in the value, quality, and appearance of this neighborhood as a response to a short-term change in market conditions. The market will hopefully turn positive in a year or two; while the changes requested are not reversible. We need to be concerned about the long term. Finally, although the owners of the nineteen units already sold have not objected, making changes like those proposed once a project is well underway is disconcerting and will in all likelihood reduce the value of the units already constructed and purchased by individual buyers. For the reasons above, my recommendation is for denial of the requested proffer modifications. Further, it is suggested that Council and staff should discuss the impact of the current economic downturn on previously approved developments in order that clear policy direction can be provided to the Planning staff and importantly that we don't unwittingly establish a precedent for other such requests. Sincerely, J es Spore City ager dsc cc: Steve Herbert Jack Whitney Planning Commission Members 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. C W Q� ADDRESS/ DESCRIPTION: Property located on the south side of Bonney Road, approximately 100 feet west of Windbrooke Lane GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14679012540000 2 - KEMPSVILLE 5.23 acres The Conditional Rezoning from R -5D Residential District and SUMMARY OF REQUEST 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 fiberboard) 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 BQI 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 brick and hardi-plank siding, and the colors used may vary from those on the exhibits but will be earth tones. BQI GROUP, INC. Agenda Item 7 Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Townhouse condominium development (under construction) SURROUNDING LAND North: . Bonney Road, single-family dwellings / R -5D Residential USE AND ZONING: District South: . Townhouses / A-12 Apartment District East: . Townhouses / A-12 Apartment District West: . Vacant strip of land (City) / R-7.5 Residential District Townhomes / A-12 Apartment District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on 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 (MTP) / 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 Volume Present Capacity Generated Traffic Bonney Road 4,447 ADT 8,800 ADT (Level of Existing Land Use — Service "C") —13,200 ADT 281 ADT ' (Level of Service "E") Proposed Land Use 3- 334 ADT BQI GROUP, INC. Agenda Item 7 Page 3 Average Daily Trips s as defined by 48 townhouses a as defined by 57 townhouses WATER & SEINER: 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 Enrollment Generation' Change 2 Point O'View Elem 572 440 2 2 Larkspur Middle 1,601 1,638 1 1 Kem sville Fli h 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 townhomes 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 BQI 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 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: 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. BQI 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 pis 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. BQI GROUP, INC. Agenda Item 7 Page 6 i I ""r` �t -- gEMPSYl4►.E YIEN' . � �.3�1�"OS � '/ �c=; '' � IiElGHTS A'�Og ✓—, •dr / ♦o~~ - • t . tis � _�� ---- � __ -. • I i 3 sy WIN �LR�g� / R� • 7L WOODS EDGE ROAD Al IK Lp,YO T1-Y ALP PRO C CURREN ovP, IN . BQI Agenda Item Page PROPOSED SITE LAYOUT BQI GROUP, INC. Agenda Item 7 Page 8 IM CURRENTLY APPROVED ELEVATIONS BQI GROUP, INC. Agenda Item 7 Page 9 - 1-n .00no . UILDING ELEVATION PRDpD'SED B - 1301 GRpt1P, INC. Agenda Item 7 Page 11 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) BQI 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 entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership. firm. business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/112004 BQI GROUP, INC. Agenda Item 7 Page 13 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Hassell & Folkes, P.C. 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 § 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 § 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 accordinin this package. BQI Grou r a inia rporation By: Alan S. Resh, Vice President Applican lgnature Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 911/2004 PWMN04 �.y V rmXM4 Fey BQI 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 of BQI 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 of Windbrooke 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 of BQI 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 upfront 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 2'h 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. We are 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 ho=using 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 moire units on the market. So, I'm still on the fence. David Redmond: My view of that, frankly, is if this 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 if he 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 Bemas: 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: If Mr. 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. 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. AYE 5 NAY 6 ABS 0 ABSENT 0 ANDERSON NAY BERNAS NAY CRABTREE NAY HENLEY NAY HORSLEY AYE KATSIAS NAY KNIGHT AYE LIVAS AYE REDMOND NAY RUSSO AYE STRANGE AYE 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. In Reply Refer To Our File No. DF -7024 TO: Leslie L. Lilley FROM: B. Kay Wils CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 14, 2008 DEPT: City Attorney 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. 1 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: SYKES, BOURDON. AHM & LEVY. P.0 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 2.5o6 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. SYUS. BOURDON, M AMN & LEW 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 'T' in the 2004 Proffers is amended to read: When the Property is developed, it shall be substantially in accordance with the SITE PLAN FOR BONNE Y'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 PREPARED BY: cum SYKES, DOURDON, ERN & LEVY. P.C. on the Site Plan will be substantially as depicted on the exhibits entitled "BONNETS 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 #2004o8270137054, 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-18 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 consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code 3 PREPARED BY: SYUS, ROURDON, MR AHM & LEVY. K of Virginia, 195o, 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. W WITNESS the following signature and seal: Grantor: BQI Group, Inc., a Virgin' orporation By: (SEAL) Alan S. Resh, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 19th day of December, 2007, by Alan S. Resh, Vice President of BQI Group, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SWES. $OU00N. AHMN & Un P.C. 5 EXHIBIT 'W' #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 1o.89' and a radius of 3500'; 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 32° 13' 19" W and a distance of 1o6.23' to a point; thence along a curve turning to the left with an are length of 41.29' and a radius oi" 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 42° 01' 04" E and a distance of 31.04' to a point; thence along a line with a bearing of N 77° 00'15" E and a distance of 75.39' to a point; thence along a line with a bearing of N 13° 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: M SYY£S, BOURDON, M t!R£RN & I.t.W. P.0 no PREPARED BY: S ES. $OURDON. M AHERN & LEVY. P.C. #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 27° 34'57" W and a distance of 275.43' to a point; thence along a line with a bearing of S 09° 57' 37" E and a distance of 222.38' to a point; thence along a line with a bearing of S 77° 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 47° 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 are length of 10.47' and a radius of 5.00' to a point; thence along a curve turning to the left with an are 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" W and a distance of 11.65' to a point; thence along a line with a bearing of N 60°31' 54" W and a distance of 27.00' to a point; thence along a line with a bearing of N 29° 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 60° 31' 54" W and 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 80° 21' 05" W and a distance of 20.95' to a point; thence along a line with a bearing of S 86° 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 o9° 18' 26" W and a distance of 18.00' to a point; thence along a line with a bearing of N 80° 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 are 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 29° 28' 06" E and a distance of 13.77' to a point; thence along a line with a bearing of S 611 15' 30" E and a distance of 27.00' to a point; thence along a line with a bearing of S 29° 28' 06" W 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 S 60° 31' S4" 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 of N 26° 29'56" 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 13° o6'30" W and a distance of 32.92' to a point; thence along a curve turning to the left with an are length of 21.51' and a radius of 25.00' to a point; thence along a line with a bearing of N 62° 24'52" W and a distance of 39.35' to a point; thence along a curve turning to the left with an are length of 7.85' and a radius of 5.00' to a point; thence along a line with a bearing of S 27° 35' 08" W and a distance of 13.00' to a point; thence along a line with a bearing of N 620 24' 52" W and a distance of 18.00' to a point; thence along a line with a bearing of N 27° 35' 08" E and a distance of 13.00' to a point; thence along a curve turning to the left with an are length 7.85' and a radius of 5.00' to a 7 point; thence along a line with a bearing of N 620 24' 52" W and a distance of 1o8.88' 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 27° 35' 08" E and a distance of 28.50' to a point; thence along a line with a bearing of S 62° 24' 52" E and a distance of 63.00' to a point; thence along a line with a bearing of S 27° 35' o8" W and 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 32° 13'19" E and a distance of 114.52' to a point; thence along a curve turning to the left with an are length of 50.55' and a radius of 50.00' to a point; thence along a line with a bearing of N 25° 42' 15" W and 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 64° 14' 59" W and 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 PREPARED BY: M SWES. BOURDON. M AHM & LEVY. P.0 #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 78° 16' 33" W and a distance of 163.19' to a point; thence along a line with a bearing of S 13° 09' 54" E and a distance of 54.27' to the true point of beginning; thence along a line with a bearing of S 76" 48' 54" W and 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 13° 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" W and a distance of 205.49' to a point; thence along a line with a bearing of S 010 15' 1o" E and a distance of 95.89' to a point; thence along a line with a bearing of N 760 50' 2o" E and a distance of 246.36' to a point; thence along a line with a bearing of N 130 09'52" W and 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 PREPARED BY: W»] SIUS. BOURDON. t4IM & LEVY. K 9 RESIDENTIAL INVESTMENT PROPERTIES ► m5p t to ScaleResidential o/. Li • ,� X11 � ' 1 ' � �{ �''� ► `'' •o 0 to A-7 Relevant Information: • Bayside District • Applicant requests a Change of Zoning from R-10 to A-12. • Nine (9) townhouse (condominium) units will be built at a density of 10.7 units per acre. Surrounding area is developed at 12 to 18 units per acre. • Design and materials of buildings are of high quality. • AICUZ is Less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • No opposition (Consent Agenda). (yo �:••� ori CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Residential Investment Properties, Inc. for a Change of Zoning District Classification from R-10 Residential District to Conditional A-12 Apartment District on property located at 827 and 835 Muth Lane (GPINs 1468520987; -1942; 1468530086; -0170; -1205). DISTRICT 4 — BAYSIDE MEETING DATE: April 8, 2008 ■ Background: The applicant proposes to rezone the existing properties, zoned R-10 Residential, to Conditional A-12 Apartment District for the purpose of developing the site with nine (9) townhome style dwellings. The total site is 1.19 acres and the proposed density is 7.6 units to the acre. Surrounding zoning includes A-12 and Conditional A-18 Apartment districts developed at 12 units to the acre. The site is located within a Primary Residential Area as identified on the Comprehensive Plan Map. 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 established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. ■ Considerations: The proffered site plan depicts three (3) groups of buildings with three (3) units each. The buildings are situated 79 -feet from Newtown Road, 38 -feet from the side property lines, and 58 -feet from the proposed rear property line. A stormwater management facility with landscaping provides a visually interesting entrance feature, and a 10 -foot landscaped area along the rear of the site provides a buffer for the adjacent residential dwelling to the north. A ten -foot ingress/egress (lane) along the eastern portion of the site, recorded in Map Book 8 at Page 26, provides legal access to the dwelling to the north. The proposed dwellings are traditional in design with Palladian style windows and square dormers. A brick water table and horizontal, faux -shake siding provide architectural detail to the proposed structures. Each unit has a parking space, garage, and 20 -foot by 25 -foot fenced area in the rear. Residential Investment Properties, Inc. Page 2 of 2 The proposed nine -unit townhome-style development complies with the Comprehensive Plan policies established for this portion of the Primary Residential Area. The submitted proffers ensure a functional site plan; attractive building architecture and the use of quality building materials; a proposed density that is less than the surrounding multi -family developments; a stormwater management facility that is both functional and an aesthetic site amenity; and the provision of an adequate amount of landscape screening and buffering, including rear yard privacy fences. These development provisions continue to enhance the overall community character, economic value, and quality of life improvements that have steadily evolved in this area of Bayside. The Planning Commission placed this item on the consent agenda because the proposal is consistent with the recommendations of the Comprehensive Plan, the proffers ensure compatibility of the development with surrounding land uses, and there was no opposition. ■ 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. Planni Commission recommends approval. Submitting Department/Agency: Planning Department l City Manager:C ),/,— w 2 RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 March 12, 2008 Public Hearing Staff Planner. Faith Christie REQUEST: Change of Zoning District Classification from R-10 Residential District to Conditional A-12 Apartment District ADDRESS / DESCRIPTION: Properties located at 827 and 835 Muth Lane, including a 0.21 acre, 0.24 acre and 0.19 acre parcels located on Muth Lane GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14685209870000; 4 - BAYSIDE 1.19 acres 14685218420000; 14685300860000; 14685301700000; 14685312050000. SUMMARY OF REQUEST The applicant proposes to rezone the existing R-10 Residential properties to Conditional A-12 Apartment District and develop the site with nine (9) townhome style dwellings. The total site is 1.19 acres and the proposed density is 7.6 units to the acre. Surrounding zoning includes A-12 and Conditional A-18 Apartment districts developed at 12 units to the acre. The submitted site plan depicts three (3) groups of buildings with three (3) units each. The buildings are situated 79 -feet from Newtown Road, 38 -feet from the side property lines, and 58 -feet from the proposed rear property line. A stormwater management facility with landscaping provides a visually interesting entrance feature, and a 10 -foot landscaped area along the rear of the site provides a buffer for the adjacent residential dwelling to the north. A ten -foot ingress/egress (lane) is depicted along the eastern portion of the site and the adjacent site and is recorded in Map Book 8 at Page 26. RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 1 The proposed dwellings are traditional in design with Palladian style windows and square dormers. A brick water table and horizontal and faux shake siding provide architectural detail to the proposed structures. Each unit has a parking space, garage, and 20 -foot by 25 -foot fenced area in the rear. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Several single-family dwellings occupy the site. SURROUNDING LAND North: • Single-family dwelling / R-10 Residential USE AND ZONING: South: • Newtown Road • Across Newtown Road are multi -family dwellings/ A-12 Apartment East: . Multi -family dwellings / A-18 Apartment West: . Multi -family dwellings / A-12 Apartment NATURAL RESOURCE AND The site is wooded and vegetated with shrubs and grass. There are no CULTURAL FEATURES: natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in front of this application is a two-lane undivided minor suburban arterial. A Capital Improvement Program project is slated for this area. Newtown Road Phase IV (CIP 2.871) is for construction of a four - lane undivided highway from Diamond Springs Road to Haygood Road. Currently, this project is on the requested but not funded project listing. This development is not expected to adversely affect the over- capacity roadways within the Bayside District. • Right-of-way improvements will be required along Newtown Road. These improvements include pavement widening, curb and gutter, sidewalk, and streetlight improvements. The curb and gutter and sidewalk must line up with the existing improvements on the western adjacent property. • The entrance into the development must be in accordance with the City of Virginia Beach Public Works Standards. The geometry will be assessed during Site Plan review. • A dedication of 23 feet along Newtown Road, such that the ultimate right-of-way of 100 feet, in accordance with the Master Transportation Plan, amended 10/12/04, is achieved may be in order to provide the necessary right-of-way improvements. • Any, further development of these or adjacent lots for the purpose of this development may require modifications to the entrance location. RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road 7,829 ADT 8,800 ADT Existing Land Use — 36 ADT Proposed Land Use 3- 53 ADT ' Average Daily Trips las defined by single-family homes under R-10 zoning s as defined by the proposed 9 townhome style dwellings WATER: This site must connect to City water. There is a 10 -inch City main along Newtown Road. SEWER: This site must connect to City sanitary sewer. There is an eight -inch City gravity main along the western edge of the property in a 30 -foot public utility easement, and an eight -inch City gravity main along Newtown Road, which ends 5 -feet before the eastern property line. Extension of the sanitary sewer to the site will be required. The site is located within Pump Station 362 area. Extension of the gravity main within the western edge of the property will require analysis of Pump Station 362 and the sanitary sewer collection system to ensure future flows can be accommodated. If the gravity sanitary sewer is extended along Newtown Road, analysis of Pump Station 344 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Also, connecting to Pump Station 344 will require upgrade fees since the site is outside of the service area. POLICE: The applicant is encouraged to employ the use of Crime Prevention Through Environmental Design (CPTED) strategies with regard to street lighting and open space areas. A Lighting Plan and / or Photometric Diagram Plan will be submitted during detailed site plan review. Lighting should overlap and be uniform throughout the development. SCHOOLS: Given this application is for only nine townhome-style dwellings, the impact of such a small development is negligible, especially compared to the few single-family homes that could be constructed on the site. The property is assigned to Newtown Elementary, Bayside Middle, and Bayside High schools. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The site is located within a Primary Residential Area as identified on the Comprehensive Plan Map. 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 established type, size, and relationship of land use, both residential and non- residential, in and around these neighborhoods should serve as a guide when considering future development. RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 3 Evaluation: The proposed nine -unit townhome-style development complies with the Comprehensive Plan policies established for this portion of the Primary Residential Area. The proffers ensure a functional site plan; attractive building architecture and the use of quality building materials; a proposed density that is less than the surrounding multi -family developments; a stormwater management facility that is both functional and an aesthetic; site amenity; and the provision of an adequate amount of landscape screening and buffering, including rear yard privacy fences. These development provisions continue to enhance the overall community character, economic value, and quality of life improvements that have steadily evolved in this area of Bayside. Staff, therefore, recommends approval. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 9: When developed, Grantor shall develop the dwelling units upon the property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated May 25, 2007, and titled "Conceptual Site Layout & Landscape Plan of Muth Condominiums, Newtown Road, Virginia Beach, VA" (the"Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, Grantor shall install landscaping in substantial conformity with the landscaping shown in the Conceptual Plan. PROFFER 3: When developed, the structures shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering titled "Muth Condominiums", a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 4: On or before the date Grantor obtains a building permit for any structures to be constructed upon the Property, Grantor shall record a deed or plat dedicating to Grantee the portion of the Property along Newtown Road shown on the Conceptual Plan as "+/- 7' RNV Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 5: When developed, all open spaces shown on the Conceptual Plan shall be maintained by either a homeowners' association or condominium unit owners' association. PROFFER 6: Further conditions lawfully imposed by applicable development ordinances may be required 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. RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 4 STAFF COMMENTS: The proffers are acceptable, as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated February 12, 2008, 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. RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 5 all si O A GN � m O+ r y.. -ocm d7� w o - m c 0. C4 w hN�m < O CDrN 3�+ C �'j �UNN C O U"L e• 4 %"bI °b lb ar 4 t[t •' G V .fl Y C O uodcm tjnot a N�� ow 0 CL Ct 6. 2 1s Q,r OSEt) SITE pl-AN pRap RTIfs, 1Nc INVESTMENT Agenda Item e TIAL Pa9 RESIpEN 1 16 ILDING ELF-VA-rioN PfkoqosFD BU INC. IAL INVESTMENT PR Agenda Item 18 RESIDEN'T page 8 tfa f Not to Scale Residential •I •, •• Properties, II A4 "32n ,+ �� „ �. -21KI 11 cc R-70 fryA-1 1. 6/14/05 Rezoning (A-12 Apartment and R-10 Residential to Granted Conditional A-18 Apartment 2. 1/25/05 Rezoning (R-7.5 and R-10 Residential to Conditional A-12 Granted Apartment with a PD -1-12 Planned Unit Overlay) 3. 2/28/06 Rezoning B-2 Business to Conditional A-36 Apartment) Granted 4. 3/8/06 Rezoning (B-2 Business and A-12 Apartment to A-24 Withdrawn Apartment ZONING HISTORY RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 9 Jr'► DISCLOSURE STATEMENT n APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated oyganization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Residential Investments Properties, Inc., a Virginia corporation President: Larry A. Buckman Vice President: Craig Davis 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ 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 -subsidiary' or affiliated business entih/ relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOTa corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See P,!ex, page !or +ootnotes 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? Ccrd:.icnal mezc^mq A;: aWation Page ' / Ot 12 Revised 11 ; ! 6,"2406 322792v3 RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 10 z 0 A z 0 Comm) 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) SA P C - engineednWand planning Troutman Sanders LLP - legal "Parent-subsidiaryrelationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 . ` "Affiliated business entity relationship" means "a relationship. other than parent- subsid,ary reiationship, that exists when (i) one business entity has a controlling ownership interest to the other business entry, (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 § 2.2 3101. CERTIFICATION: I certify that the information contained herein is true and accurate. i .mderstanc tnat, upon receipt of rotdicat;on (postcard) that the appbcat;on has teen scneduleci'or pjb-;c hearing. i am responslbe for obtaining and post•ng the regLired sign on the subject property at !east 30 days prior to the Wteouled pub ;c nearing according to re instructions in. this package. "he undersigned also corsents to entry upon the subject property by employees of me Department of Plarn,nq to_phQJogAap". id view the sae for p,uposes of processrg ana eva:uating this appiicanon Prim Narre - Propera/bwr ignat re f;' drfrerert t^an apol cant) Print Name Ccr\7.'N-na 2 o!'< RESIDENTIAL INVESTMENT PROPERTIES, INC. Agenda Item 18 Page 11 Item #18 Residential Investment Properties, L.L.C. Change of Zoning District Classification 827 and 835 Muth Lane District 4 Bayside March 12, 2008 CONSENT Joseph Strange: The next matter is item 18, Residential Investment Properties, Inc. An application of Residential Investment Properties, Inc. for a Change of Zoning District Classification from R-10 Residential District to Conditional A-12 Apartment District on property located 827 and 835 Muth Lane, District 4, Bayside, with 6 proffers. Jeff Maynard: Thank you Mr. Strange. Madame Chair, for the record, my name is Jeff Maynard, a Virginia Beach attorney. We appreciate you placing this on the consent agenda. We have reviewed the proffered conditions and those are acceptable to my client. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Dave Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant, Residential Investment Properties, Inc., proposes to rezone the existing R-10 Residential property to Conditional A-12 Apartment District and develop the site with nine townhouse style dwellings. The proposed density is 10.7 units per to the acre. The surrounding zoning includes A-12 and Conditional A-18 Apartment Districts developed at 12 units to the acre. The submitted site plan depicts three groups of buildings with three units each. A stormwater management facility with landscaping provides a visually interesting entrance feature and a 10 foot landscaped area along the rear of the site provides a buffer for the adjacent residential dwelling to the north. The proposed dwellings are traditional in design with Palladian style windows and square dormers. Each unit has a parking space, garage, and 20 -foot by 25 -foot fenced area in the rear. The proposed development complies with the Comprehensive Plan policies established for this portion of the primary residential area. The proffers ensure a functional site plan, attractive building architecture and the use of quality building materials, a proposed density that is less than the surrounding multi- family developments, a stormwater management facility that is both functional and an aesthetic site amenity. And adequate landscape screening and buffering include rear yard privacy fences. These development provisions continue to enhance the overall community character, economic value, and the quality of life improvements ongoing in this area of Bayside. It is very exciting. The Planning staff recommends approval, and the Commission hereby concurs by consent. Thank you. Item #18 Residential Investment Properties, L.L.C. Page 2 Joseph Strange: Thank you Dave. Madam Chairman, I make a motion to approve agenda item 18. Janice Anderson: Thank you. Do I have a second? I have a first by Joe Strange and a second by Kathy Katsias. Ed Weeden: By a vote of 11-0, the Board has approved item 8 for consent. Janice Anderson: Thank you. AYE 10 NAY 0 ABS 0 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 a vote of 11-0, the Board has approved item 8 for consent. Janice Anderson: Thank you. In Reply Refer To Our File No. DF -6771 TO: Leslie L. Lilley FROM: B. Kay Wilsor 9 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 26, 2008 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Residential Investment Properties, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 8, 2008. 1 have reviewed the subject proffer agreement, dated February 12, 2008 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 12th day of February, 2008, by. and between RESIDENTIAL INVESTMENT PROPERTIES, INC., a Virginia corporation, the current owners of that certain property located on Newtown Road and Muth Lane, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property") (hereinafter referred to as the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from R-10 to Conditional A-12; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-12 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-12 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN NOS.: 1468-52-0987; 1468-52-1942; 1468-53-0170; and 1468-53-1205 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full :Force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of Conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Grantor shall develop the dwelling units upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated May 25, 2007, and titled "Conceptual Site Layout & Landscape Plan of Muth Condominiums, Newtown Road, K Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, Grantor shall install landscaping in substantial conformity with the landscaping shown on the Conceptual Plan. 3. When developed, the structures shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering titled "Muth Condominiums", a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 4. On or before the date Grantor obtains a building permit for any structure to be constructed upon the Property, Grantor shall record a deed or plat dedicating to Grantee the portion of the Property along Newton Road shown on the Conceptual Plan as "+/- 7' R/W Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. 5. When developed, all open spaces shown on the Conceptual Plan shall be maintained by either a homeowners' association or condominium unit owners' association. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if 3 aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [SIGNATURE PAGE FOLLOWS] El IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: RESIDENTIAL INVESTMENT PROPERTIES, INC., a Virginia corporation COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this A day of February, 2008, by Larry A. Buckman, who is personally known to me or has produced as identification, and who signed in his capacity as President of Residential Investment Properties, Inc., a Virginia corporation. Notary Public My Commission Expires: Registration Number: 5 I s►.' ! 11-1. VRWAI ALL THOSE certain lots or parcels of land with improvements thereon lying situate and being in the City of Virginia Beach, Virginia, beginning at a point on the northern side of Newtown Road 490 feet East of Diamond Springs Road at an old bent pipe on the North side of Newtown Road; thence running North 7 degrees 59 minutes East 387.17 feet to a point at the Southwest corner of the property of Pearlie Henry Davis; thence running North 85 degrees West 133.50 feet to a point; thence running South 8 degrees 30 minutes West 387.37 feet to an old pin on the north side of Newtown. Road; thence running North 85 degrees West 130 feet to the point of beginning. It being shown on Exhibit "A" attached hereto as "N/F Property of Residential Investment Properties Inc." on that certain plat entitled "A PORTION OF PROPERTY LOCATED AT #827 & #835 MUTH LANE, AS SHOWN ON PLAN OF PROPERTY OF Wm HAWKINS (MB 8 Pg. 20) Virginia Beach, Virginia" for Residential Investment Properties Inc., dated February 22, 2007 and made by WPL Surveyors and Engineers. A copy of the plat is recorded with the Order of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20071219001668800. 354556 WEST NECK PARTNERS, LLC Mao I --I2 LVnctAln,-b P"vtworc T T.f mo riot to �)cwe- -- -� " �� 1 (1 R:U) = 1 lislonall C:ulturnl District C:ondirional Zoning Change from ACIIiAG-2 to ()2 Relevant Information: • Princess Anne District • Applicant proposes to rezone the site from AG -1 and 2 to 0-2 Office for the purpose of developing an office complex of five (5) buildings. • Wide, landscaped buffer adjacent to West Neck Road. Site will include a trail system. • Buildings are designed in a Southern Rural / Tidewater style, compatible with this area. • Project is compatible with the AICUZ at this location. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • No opposition (Consent Agenda). CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Application of West Neck Partners, L.L.C. for a Change of Zoning District Classification from AGA and AG -2 Agricultural District to Conditional 0-2 Office District on property located on the east side of West Neck Road, approximately 250 feet south of North Landing Road (GPIN 1494708583). DISTRICT 7 — PRINCESS ANNE MEETING DATE: April 8, 2008 ■ Background: The applicant proposes to rezone the existing site, zoned AG -1 and AG -2 Agricultural District, to 0-2 Office District for the purpose of developing an office complex. The parcel is currently undeveloped. The Comprehensive Plan designates the site as being within the Transition Area / Princess Anne. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work, and play. "The policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments," (page 143). "The site and building design of office development with the Transition Area should be of exceptional quality and should serve to showcase the area within which they are located," (page 149). ■ Considerations: The proposal features a wide landscaped buffer adjacent to West Neck Road that conceals a park -like setting for five office buildings. The buildings front a loop road bisected by pedestrian crossings to a common green. A multi-purpose trail system is incorporated around the perimeter of the site. The buildings for the office development are designed in a southern rural vernacular style with two and three story covered porches or verandas and clapboard siding exterior. Shingled hip roofs with dormers top the buildings and provide a cover for the porches. West Neck Partners, L.L.C. Page 2of2 As a portion of the site is located within the Historical and Cultural District, the Historic Review Board has reviewed the proposed development, and the applicant has received a preliminary Certificate of Appropriateness based on the conceptual drawings. This preliminary Certificate of Appropriateness is subject to final review by the Historical Review Board of all architectural rendered elevations, building details, materials lists, landscaping, lighting, signage and site plans upon approval of the this conditional rezoning by City Council. Staff concludes that the proposal is consistent with the recommendations of the Comprehensive Plan pertaining to design and quality and compatibility and is thus suitable for the Transition Area. The Planning Commission placed this item on the consent agenda because the site and building design ensure a quality development appropriate to the Transition Area, and there was no opposition to the proposal. ■ Recomrnendatioins: 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 Managed.` 1L . Z�60V'J WEST NECK PARTNERS, LLC Agenda Item 1 March 12, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Change of Zoning District Classification from AGA and AG -2 Agricultural District to Conditional 0-2 Office District. Historical and Cultural District (HCD) overlays the northern portion of the site. S-1. WestNeck Parm ADDRESS / DESCRIPTION: Property located on the east side of West Neck Road approximately 250 feet south of North Landing Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14947085830000 7 - PRINCESS ANNE 7.3 acres or 318,074 square feet The applicant proposes to rezone the existing site, zoned AG- SUMMARY OF REQUEST 1 and AG -2 Agricultural District, to 0-2 Office District for the purpose of developing an office complex. The parcel is currently undeveloped. The proposal features a wide landscaped buffer adjacent to West Neck Road that conceals a park -like setting for five office buildings. The buildings front a loop road bisected by pedestrian crossings to a common green. A multi-purpose trail system is incorporated around the perimeter of the site. The buildings for the office development are designed in a southern rural vernacular style with two and three story covered porches or verandas and clapboard siding exterior. Shingled hip roofs with dormers top the buildings and provide a cover for the porches. EXISTING LAND USE: Undeveloped site LAND USE AND ZONING INFORMATION WEST NECK PARTNERS, LLC Agenda Item 1 Page 1 SURROUNDING LAND North: . An office building under development USE AND ZONING: . An undeveloped parcel (site plan for a bank under review in Generated Traffic DSC) / 0-1 & 0-2 Office Districts South: . Tidewater United Church of Christ / AG -1 & AG -2 Agricultural 3,149 ADT Districts East: . Tidewater United Church of Christ / AGA & AG -2 Agricultural Districts West: . Across West Neck Road behind a buffer of trees is a proposed single-family residential development / PD -H2 (R-10 Residential) Planned Development NATURAL RESOURCE AND The majority of the site is wooded and located in the Southern CULTURAL FEATURES: Watersheds Management Area. Slightly less than half of the site is in an Historical and Cultural District There do not appear to be any significant environmental features on the site; however, floodplain and non -tidal wetlands are in the vicinity. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): West Neck Road in the vicinity of this application is a two-lane undivided minor suburban arterial. To the north of the site, West Neck Road widens to a four -lane divided section. There is currently a roadway improvement project in the CIP for West Neck Road. This project is for the construction of a four -lane divided roadway from North Landing Road to Signature Drive and the reconstruction of a two-lane undivided roadway from Signature Drive to Indian River Road. This project is unfunded for construction, which is estimated to begin in 2014. Interim improvements are being performed with the available project funds in three phases. The first phase, the Indian River Road and West Neck Road intersection, will include a signal as well as left turn lanes on Indian River Road. Phase 2 will include safety improvements to West Neck Road between North Landing Road and Signature Drive. Phase 3 will include safely improvements to West Neck Road between Signature Drive and Indian River Road. Construction for the three interim phases is scheduled to begin in summer, 2008 and be completed by fall. 2009. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic West Neck Road 3,149 ADT 13,600 ADT — 710 Peak Existing Land Use —10 Hour (Level of Service "C") ADT; 1 PM Peak Hour 15,000 ADT' — 780 Peak Proposed Land Use 3— Hour (CAPACITY / Level 744 ADT; 154 PM Peak of Service "D") Hour Average Daily Trips s as defined by AGA zoning 3 as defined by 67,550 SF office Traffic Engineering reviewed the Traffic Impact Study (TIS), dated January 9, 2008, and provided comments back to the applicant's engineer. A revised TIS, dated January 30, 2008, has been determined to be WEST NECK PARTNERS, LLC Agenda Item 1 Page 2 acceptable. Three required improvements included in the Conclusions and Recommendations section of the revised TIS are as follows: 1. A full -width 150 -foot right turn lane with a 150 -foot taper should be installed on the northbound West Neck Road approach to the site entrance. 2. The entrance should be designed to meet City of Virginia Beach standards for commercial street access to a City street. 3. The existing median crossover on West Neck Road immediately south of North Landing Road should be relocated to the site's entrance by extending the nose of the raised median. The relocated median crossover will serve as interim site access until the West Neck Road improvements are installed, at which time this median crossover will be closed. With the completion of the widening of West Neck Road to four lanes from North Landing Road to Signature Drive and the installation of a raised median, this site will not have a median opening and will be limited to right-in/right-out traffic from West Neck Road. Traffic going to the site from the north on West Neck Road will be required to make a U-turn at the proposed Manchester Station median crossover and traffic from the site heading south on West Neck Road will be required to make a U-turn at North Landing Road. The Department of Public Works reserves the right to provide future comments if and when site plan improvements for the property are submitted to the City of Virginia Beach for review. WATER: This site must connect to City water. There is a 12 inch City water line in West Neck Road fronting this site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #636 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 12 inch City gravity sanitary sewer main and a 10 inch City force main in West Neck Road fronting the site. STORMWATER MANAGEMENT: Comments pertaining to this proposal will be provided during the Development Services Center plan review. FIRE: Comments pertaining to this proposal will be provided during the Development Services Center plan review. POLICE (CPTED): During site plan submission to Development Services Center, a Photometric Plan should be submitted for review. This lighting plan should include height of poles located within the parking lot along with the location of all pole mounted and building mounted lighting fixtures. The plan should also include the lamp types, wattage and type of fixture. Full cut-off fixtures should be used for parking lot lighting. Care should be taken to avoid design conflicts between lighting and parking lot landscaping. As a matter of public safety, pedestrian pathways should be designed to maximize sight lines and surveillance opportunities by users, while keeping with the natural appearance of the open space. Landscaping within eight (8) feet of pathways should be kept trimmed low (under three feet) or limbed up (seven feet). WEST NECK PARTNERS, LLC Agenda Item 1 Page 3 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. 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, work, and play. "The policies of this Comprehensive Plan have been designed to ensure that the Transition Area continues to be a well-planned area. Employment, mixed use, and residential centers, each with its own open space and trail system, will be clustered along and connected to the public greenway offering a variety of quality home and work environments," (page 143). "The site and building design of office development with the Transition Area should be of exceptional quality and should serve to showcase the area within which they are located," (page 149). Evaluation: The applicant has worked with staff to ensure a cohesive office development fitting for this significant area of the city. A formal plan with a large common green centrally located on the site flanked by five office buildings designed in a rural vernacular style reflects a higher quality of design appropriate for the area. As a portion of the site is located within the Historical and Cultural District, the Historic Review Board has reviewed the proposed development, and the applicant has received a preliminary Certificate of Appropriateness based on the conceptual drawings. This preliminary Certificate of Appropriateness is subject to final review by the Historical Review Board of all architectural rendered elevations, building details, materials lists, landscaping, lighting, signage and site plans upon approval of the this conditional rezoning by City Council. This proposal for an office development is consistent with the recommendations of the Comprehensive Plan pertaining to design and quality and compatibility with surrounding uses. Approval of this application is recommended. Note: The underlined wordings were provided in the proffers after the Planning Commission Hearing. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The grantor shall develop the Property in substantial conformity with pages 1, 2, and 3 of the conceptual site WEST NECK PARTNERS, LLC Agenda Item 1 Page 4 plan prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, entitled "Conceptual Site Plan, West Neck Development, West Neck Partners, LLC, Virginia Beach, Virginia" dated October 31, 2007, (the "Concept Plan"), a copy of which is on file with the Virginia Beach Department of Planning and has been exhibited to the City Council. PROFFER 2: The grantor shall develop the structures on the Property in substantial conformity with the conceptual site elevations prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, entitled "Conceptual Site Elevations, West Neck Development, West Neck Partners, LLC, Virginia Beach, Virginia" dated October 31, 2007, (the "Site Elevations"), copies of which are on file with the Virginia Beach Department of Planning and have been exhibited to the City Council. PROFFER 3: The Grantor shall not develop any structure on the Property in excess of three (3) stories. PROFFER 4: The Grantor shall submit a Tree Survey to the City of Virginia Beach Planning Department (the "Planning Department") during site plan review that depicts all trees with a caliper of six (6) inches or greater at breast height located within one -hundred twenty (120) feet of the front public right-of-way along West Neck Road, and within twenty (20) feet of the side and rear property lines. Said trees, deemed dead, dying or diseased by a qualified arborist and except for those trees that would interfere with the reasonable installation of access roads utilities trail ways or other improvements required for final site plan approval Shall be slated for retention and shall be protected from construction activity with typical silt fencing and wooden stakes, which fencing and stakes shall be removed upon completion of construction. The protective silt fencing and wooden stakes shall be depicted on plans submitted to the City of Virginia Beach during site plan review and shall be installed prior to any land disturbance on the Property. The Tree Survey must be approved by the Planning Department as being in accordance with the requirements set forth above prior to the approval of anv construction plans. PROFFER 5: The Grantor shall install a full -width one -hundred fifty (150) foot right turn lane, and an additional one - hundred fifty (150) foot taper on the northbound West Neck Road approach to the Property entrance. Grantor shall also relocate the existing median crossover on West Neck Road immediately south of North Landing Road by extending the nose of the existing raised and painted median to the Property entrance. The West Neck Road entrance top the Property shall be designed to meet City of Virginia Beach standards for commercial street access to a city street Grantor acknowledges that current plans for improvements of West Neck Road call for the eventual closing of the median crossover adjacent to the Property entrance. PROFFER 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and its conformity with the provisions of the Comprehensive Plan. The City Attorney's Office has reviewed the proffer agreement dated November 14, 2007, and found it to be WEST NECK PARTNERS, LLC Agenda Item 1 Page 5 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. WEST NECK PARTNERS, LLC Agenda Item 1 Page 6 AERIAL OF SITE LOCATION WEST NECK PARTNERS, LLC Agenda Item 9 Page 7 CONCEPTUAL SITE PLAN WEST NECK PARTNERS, LLC Agenda Item 1 Page 8 0 A IE � RENpE Itev 'VEST pQenda ?a9l CONCEPTUAL BUILDING ELEVATIONS WEST NECK PARTNERS, LLC Agenda Item 1 Page 10 sk-Te co pE�SPEC-five WEST r tv Agenda P19 page Map 1-12 , R� AG -2 (HCL)) \ w woctNoob Pir'rt*»arc T T I ns + Q 1� C1E i PD -H2 R-10 PD - 2 R -I r fir. fl 1(=Uj = 1 Ustoriral Cultural Disrrict 2 a \rO� o " `161(r fcn) �"3 '" A0- 4 0 0 0 oEc c AG -1 11(f jC. a ICD) Conditional Zw)ing Ch urge from (; II G-2 to 02 1 10/10/06 Conditional Rezoning from AG -2 to 0-1 Granted 2 08/24/04 Conditional Rezoning from AG -1 / AG -2 to R-10 Granted 3 03/09104 Modification of Proffers Granted 4 07/03101 Conditional Use Permit(preschool / daycare) Granted 09/09/97 Conditional Use Permit church / daycare) Granted 5 05/25199 Conditional Rezoning from AG -2 to 0-1 Conditional Use Permit (mini -storage) Granted 6 05/24/94 Conditional Use Permit roup home Granted 7 02/08/94 Conditional Rezoning from AG -2 to B -1A Granted ZONING HISTORY WEST NECK PARTNERS, LLC Agenda Item 1 Page 12 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) West Neck Partners, LLC; Gary E. Weiler, M. David Jester, C. Cheyney Cole 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Marlyn Development Corporation; all members of applicant are officers of Marlyn Development Corporation. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant. (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 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 7 If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning APOication Page 11 of 12 Revised 1111612006 WEST NECK PARTNERS, LLC Agenda Item 1 Page 13 Item #1 West Neck Partners, L.L.C. Change of Zoning District Classification East side of West Neck Road District 7 Princess Anne March 12, 2008 CONSENT Janice Anderson: The next matter on the agenda today is the consent agenda, and that will be handled by Joe Strange, our Vice Chairman. Joseph Strange: 'Thank you. This afternoon we have 7 items on the consent agenda. The first matter is agenda item 1, the application of West Neck Partners, L.L.C., for a Change of Zoning District Classification from AG -1 and AG -2 Agricultural District to Conditional 0-2 Office District on property located on the east side of West Neck Road, approximately 250 feet south of North Landing Road, District 7, Princess Anne, with five proffers. R.J. Nutter: Thank you Mr. Strange. Madam Chairwoman and members of the Commission, for the record, my name is R.J. Nutter. I'm representing the applicant West Neck Partners, L.L.C. We appreciate being placed on the consent agenda. We appreciate working with staff, and members of the Commission who represent this district. So, we are happy with this position, and being fully proffered we fully agree with the proffers. Thank you Mr. Strange. Joseph Strange: `We also have a speaker who is in support. Would he like to come up? Mike Fox? R.J. Nutter: He is with one of the engineering firms involved. Joseph Strange: Okay. R.J. Nutter: Thank you very. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chair has asked Barry Knight to review this item. Barry Knight: This proposal features a wide landscaped buffer adjacent to West Neck Road that conceals a park place setting for five office buildings. The buildings form a loop road bisected by pedestrian crossings to a common green. And a multi purpose trail system is incorporated around the perimeter of the site. The buildings for the office development are designed in a southern rural vernacular style with two and three story covered porches and verandas. The applicant has met with the local residents. They think it's in keeping with the nature of the surrounding community. It is just down the road on the corner of North Landing Road and West Neck Road, and this has gone through the Historical Review Committee, and they didn't even come back with any comments. They approved it the first Item #1 West Neck Partners, L.L.C. Page 2 time around. So, it looks like everyone is happy. It is a good project, so therefore we've placed in on the consent agenda. Joseph Strange: Thank you Mr. Knight. Madam Chairman, I make a motion to approve agenda item 1. Janice Anderson: Thank you. Do I have a second? I have a first by Joe Strange and a second by Kathy Katsias. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 1 for consent. In Reply Refer To Our File No. DF -6920 TO: Leslie L. Lilley FROM: B. Kay Wilsov CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 26, 2008 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; West Neck Partners, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 8, 2008. 1 have reviewed the subject proffer agreement, dated November 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 assen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 14th day of November, 2007, by and between WEST NECK PARTNERS, L.L.C., a Virginia limited liability company (hereinafter referred to as the "Grantor"), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, the Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia identified by GPIN 1494 — 70 — 8583 — 0000, as more particularly described in Exhibit A-1, attached hereto and incorporated herein by reference (the "Property"). WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AGA and AG -2 to Conditional 0-2, WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall GPIN NO. 1494 - 70 - 8583 - 0000 continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee: advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantor shall develop the Property in substantial conformity with pages 1, 2, and 3 of the conceptual site plan prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, entitled "Conceptual Site Plan, West Neck Development, West Neck Partners, LLC, Virginia Beach, Virginia", dated October 31, 2007 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. The: Grantor shall develop the structures on the Property in substantial conformity with the conceptual site elevations prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, entitled "Conceptual Site Elevations, West Neck Development, West Neck Partners, LLC, Virginia Beach, Virginia", dated October 31, 2007 (the "Site Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. 3. The; Grantor shall not develop any structure on the Property in excess of three (3) stones. 4. The; Grantor shall submit a Tree Survey to the City of Virginia Beach Planning Department (the "Planning Department") during site plan review that depicts all trees with a caliper of six (6) inches or greater at breast height located within one -hundred twenty (120) feet of the front public; right-of-way along West Neck Road, and within twenty (20) feet of the side and rear property lines. Said trees, except for those deemed dead, dying or diseased by a qualified 2 arborist, and except for those trees that would interfere with the reasonable installation of access roads, utilities, trail -ways, or other improvements required for final site plan approval, shall be slated for retention and shall be protected from construction activity with typical silt fencing and wooden stakes, which fencing and stakes shall be removed upon completion of construction. The protective silt fencing and wooden stakes shall be depicted on plans submitted to the City of Virginia Beach during site plan review and shall be installed prior to any land disturbance on the Property. The Tree Survey must be approved by the Planning Department as being in accordance with the requirements set forth above prior to the approval of any construction plans. 5. The Grantor shall install a full -width one -hundred fifty (150) foot right turn lane, and an additional one -hundred fifty (150) foot taper on the northbound West Neck Road approach to the Property entrance. Grantor shall also relocate the existing median crossover on West Neck Road immediately south of North Landing Road by extending the nose of the existing raised and painted median to the Property entrance. The West Neck Road entrance to the Property shall be designed to meet City of Virginia Beach standards for commercial street access to a city street. Grantor acknowledges that current plans for the improvement of West Neck Road call for the eventual closing of the median crossover adjacent to the Property entrance. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WEST NECK PARTNERS, L.L.C., 111111/1/ ,��M. COU Norvir' v: PUBLIC ?p REG # 192419 MY COMMISSION o ' EXPIRES ' Q 07/31/2011 ��''•;"�FgLTH.O� �\ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: a Virginia limited liability company r By: The foregoing instrument was acknowledged before me this —AY day of rJ OV 2007, by am' s -t elf— , who is personally known to me or has produced as identification in his capacity as -e-r- of West Neck Partners, L.L.C., a Virginia limited liability company, on behalf of the company. otary P lic // . !_v7 nh Y 1n 1\ . r/`t 1�L� My Commission Expires: 7/,3j [NOTARIAL SEAUSTAMP] n EXHIBIT A-1 LEGAL DESCRIPTION OF PROPERTY ALL THAT certain piece or parcel of land, with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, containing 7.787 acres, more or less, being the same property shown on "Survey of Part of Property of Paul W. Sawyer, M.B. 96, P. 16 (erroneously referred to as P. 12), Princess Anne Borough, Virginia Beach, Virginia", said survey being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1530, at page 183, on December 1, 1975, and more particularly described as follows: Beginning at a point in the northern right-of-way of West Neck Road, which point is 690' south of the intersection of the northern right-of-way of West Neck Road and the eastern right-of-way of North Landing Road, and from said point of beginning running North 17° 50' east 456.43 feet to a pin; thence turning and running North 79° 28' east 29.59 feet to a pin; thence turning and running North 24° 28' east 39.60 feet to a pin; thence turning and running North 61* 18' east 99.06 feet to a pin; thence turning and running South 72° 07' 14" east 348.97 feet to a pin; thence running South 72° 25' 56" east 56.05 feet to a pin, thence turning and running South 170 20' 28" east 303.77 feet to a pin; thence turning and running South 63° 19' 07" west 711 feet to a pin; thence running along the north side of West Neck Road North 28° 26' 13" west 238.53 feet to the point of beginning. Less, save and except that portion of the property conveyed in Deed Book 4538 at page 139. IT BEING the same property conveyed to B & B Properties, a Virginia general partnership by deed from Lucy N. Sawyer, widow, dated May 18, 1984, recorded in the aforesaid Clerk's Office in Deed Book 2335, at page 706. 5 ARGOLD DAM NECK, LLC Relevant Information: • Princess Anne District • Applicant requests a Change of Zoning from AG -2 and R-15 to R-7.5 for the purpose of developing 113 single-family dwellings. • Homes will have 2,000 to 2,400 SF of floor area. • Proposed density is 3.5 units per acre; surrounding area ranges from 2.2 to 3.5 units per acre. • AICUZ is Less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was opposition ***P CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Argold Dam Neck, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Dam Neck Road, approximately 180 feet east of Southcross Drive (GPIN 1484166408 — part of). DISTRICT 7 — PRINCESS ANNE MEETING DATE: April 8, 2008 ■ Background: The applicant proposes to rezone a portion of the existing parcel, zoned R-15 Residential and AG -1 Agricultural, to Conditional R-7.5 Residential District for the purpose of developing the site with 113 single-family dwellings at a density of 3.5 units per acre. The two sections of the Newcastle residential neighborhood, which consist of the R-15 portion to the west and the R-7.5 portion to the north, are developed at densities of 2.2 and 3.5 units per acre, respectively. The Comprehensive Plan Map designates this site as being within the Primary Residential Area (PRA). The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development, (pg. 90). ■ Considerations: Vehicular access to the site will be via a single entrance from Dam Neck Road. The entrance is divided by a landscaped median with a stone entry sign as a focal point. The proposed development is screened from Dam Neck Road by a landscaped berm running parallel with the rear of the residential lots. The homes will contain a minimum of 2,400 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. The proposed architecture for the dwellings to be constructed on the site utilizes varying elements of traditional single-family home design. Brick and siding are used on the exterior, with the roofs sheathed by architectural grade shingles. Front porches and mullioned windows with shutters are the predominant architectural features. Argold Dam Neck, L.L.C. Page 2 of 2 The proposed residential use is in conformance with the intent of the land use policies of the Comprehensive Plan for this area. The quality of the site and building design, as well as the proposed dwelling unit density, is compatible with the single-family residential areas to the west and to the north. ■ 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: I� g�� r u,« ARGOLD DAM NECK, LLC Agenda Item 4 March 12, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Change of Zoning District Classification from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District. a ADDRESS / DESCRIPTION: Property located on the south side of Dam Neck Road, approximately 170 feet east of Southcross Drive.. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14841664080000 portion of 7 — PRINCESS ANNE 32.24 acres SUMMARY OF REQUEST The applicant proposes to rezone a portion of the existing parcel, zoned R-15 Residential and AG -1 Agricultural, to Conditional R-7.5 Residential District for the purpose of developing the site with 113 single- family dwellings at a density of 3.5 units per acre. The two sections of the Newcastle residential neighborhood, which consist of the R-15 portion to the west and the R-7.5 portion to the north, are developed at densities of 2.2 and 3.5 units per acre, respectively. Vehicular access to the site will be via a single entrance from Dam Neck Road. The entrance is divided by a landscaped median with a stone entry sign as a focal point. The proposed development is screened from Dam Neck Road by a landscaped berm running parallel with the rear of the residential lots. The homes will contain a minimum of 2,400 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. The proposed architecture for the dwellings to be constructed on the site utilizes varying elements of traditional single-family home design. Brick and siding are used on the exterior, with the roofs sheathed by architectural grade shingles. Front porches and mullioned windows with shutters are the predominant architectural features. ARGOLD DAM NECK, LLC Agenda Item 4 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Uncultivated fields SURROUNDING LAND North: • Across Dam Neck Road are single-family dwellings and New USE AND ZONING: Castle Elementary School / R-7.5 Residential District and AG -1 Agricultural District South: . Church and rural residential / R-15 Residential District East: . City of Virginia Beach General Services and Parks & Recreation offices as well as proposed Little League baseball fields / AG -1 Agricultural District West: • Single-family dwellings/ R-15 Residential District NATURAL RESOURCE AND The majority of the site is a fallow farm field. A portion of the western CULTURAL FEATURES: side of the site is wooded. There are no known significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI Dam Neck Road in the vicinity of this application is considered a two-lane undivided major suburban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 125 -foot right-of-way. A Capital Improvement Program project is slated for Dam Neck Road in the vicinity of this site. Elbow Road Extended - Phase II (CIP 2-152) is a First Cities Project which involves improving Elbow Road from Indian River Road to the portion of Dam Neck Road just west of Landstown Road. The improvements include a four -lane divided highway within a 125 -foot right-of-way with a sidewalk, multi- use path, landscaping, and aesthetic features. The project will also replace the existing sub -standard Elbow Road Bridge. The start date for construction has been moved beyond 2012 due to reduced state funding. ARGOLD DAM NECK, LLC Agenda Item 4 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 3,673 ADT 15,800 ADT (Level of Existing Land Use — (formerly Elbow Road) Service"C') 17,100 ADT' (Level of 593 ADT Proposed Land Use 3— Service "D°) /capacity 1,101 ADT 18,400 ADT' (Level of 22 AM Peak Hour Service °E') Vehicles (entering) 74 PM Peak Hour Vehicles(entering) T' Average Daily nps 2 as defined by R-15 & AG -1 zoning 3 as defined by 115 Single Family dwellings Public Works / Traffic Engineering has the following comments: • A westbound left -tum lane is required on Dam Neck Road. The dimensions of the left -tum lane must be in accordance with the City of Virginia Beach Public Works Specifications and Standards Manual. • An eastbound right -tum lane is required on Dam Neck Road. The dimensions of the right -tum lane must be in accordance with the City of Virginia Beach Public Works Specifications and Standards Manual. • A Traffic Signal Bond will be required at a specified time during Site Plan review for a potential signal at the intersection of Dam Neck Road and the site entrance. Public Works may also require a traffic signal warrant analysis for this intersection prior to the release of the Traffic Signal Bond. • If the Applicant desires in the future to extend the development to the parcels south of the subject site, then a Traffic Impact Analysis may be required for the entire project area. In addition, the Traffic Signal Bond would be extended beyond the initial 5 -year time frame to include the entire development. • This project must be coordinated with the Elbow Road Extended — Phase II CIP for roadway and right-of- way accuracy. Contact Julie Hannah at 385-4131 for this information. Additional comments will be forthcoming upon a site plan submission to the Development Services Center should this rezoning be approved by the City Council. WATER: This site must connect to City water. There is an eight -inch City water main in Southcross Court and a 12 -inch City water main along Dam Neck Road. There is also a 12 -inch City water main along Salem Road to the south. SEWER: There is an eight -inch City gravity main along Southcross Court and an eight -inch City gravity main along Salem Road to the south. There is also a four -inch City force main along Salem Road as well as a six- inch vacuum sanitary sewer along the comer of Salem and Lisban Roads. This site must connect to City sanitary sewer by extending the gravity sanitary sewer main from the intersection of Southcross Drive and Dam Neck Road or by extending the main along Southcross Court. Analysis of Pump Station 575 and the sanitary sewer collection system is required to ensure future flows can be accommodated. The receiving Pump Station 575 and the sanitary sewer collection system were designed anticipating development at a R-15 density. Thus, the additional flow from the increased density will result in the need for pump station upgrades or additional utility upgrade fees. STORMWATER MANAGEMENT: The proposed subdivision must develop a stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The project will need to provide adequate stormwater discharge outfalls and identify adequate offsite receiving drainage systems. ARGOLD DAM NECK, LLC Agenda Item 4 Page 3 School Current Capacity Generation ' Change' Enrollment New Castle Elementary 749 780 29 26 Landstown Middle 1,566 1,522 17 16 Landstown High 2,297 2,185 23 21 "generation" represents the number of students that the development will add to the school Z "change" represents the difference between generated students under the epsting zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). FIRE: No comments at this time. A complete review will be done during the Development Services Center review process. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with tie submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan Map and land use policies place this site within the Primary Residential Area (PRA), which indicates the importance of neighborhood character and its relationship to compatible land use and traffic: management. The land use iplanning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development, (pg. 90). 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. While landscaped buffers, attractive site planning, quality architecture and other techniques are sometimes the only option to help mitigate the impacts of adjacent and incompatible land uses; it is the city's position that good architectural and site designs are not acceptable substitutes for good land use planning. We must focus on applying sound land use planning practices first, then address design considerations, (pg. 90). ARGOLD DAM NECK, LLC Agenda Item 4 Page 4 Evaluation: The proposed residential use is in conformance with the intent of the land use policies of the Comprehensive Plan for this area. The quality of the site and building design, as well as the proposed dwelling unit density, is compatible with the single-family residential areas to the west and to the north. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SITE PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Site Plan"). PROFFER 2: When the Property is developed, the entrance to Village Bend shall be from Dam Neck Road with the landscape berm and landscape plantings, entrance signage and water feature substantially as depicted on the detail plan entitled "Village Bend Preliminary Streetscape Screening and Sign Exhibit" dated November 30, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Landscaping Plan"). PROFFER 3: When the Property is developed, there will be no more than one hundred thirteen (113) single family dwelling units on the lots. The homes will contain a minimum of 2400 square feet of living area for a two story dwelling and 2000 square feet of living area for a one story. Each home shall have a garage and the architectural designs and building materials utilized shall be substantially as exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Pictures"). PROFFER 4: When the property is developed, the party of the first part shall record a Declaration submitting the Lots and all the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, all open spaces, common areas, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The proffers define the number of dwelling units and the submitted site plan depicts a coordinated development on the site for circulation, landscaping and layout. The submitted photographs of proposed residential exterior elevations depict dwellings that are complementary to the existing dwellings in the area. ARGOLD DAM NECK, LLC Agenda Item 4 Page 5 The City Attorney's Office has reviewed the proffer agreement dated November 29, 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. ARGOLD DAM NECK, LLC Agenda Item 4 Page 6 AERIAL OF SITE LOCATION ARGOLD DAM NECK, LLC Agenda Item 4 Page 7 ARGOLD DAM NECK, LLC Agenda Item 4 Page 8 z Z z ARGOLD DAM NECK, LLC Agenda Item 4 Page 9 ARGOLD DAM NECK, LLC Agenda Item 4 Page 10 -M� PROPOSED BUILDING ELEVATIONS ARGOLD DAM NECK, LLC Agenda Item 4 Page 11 1 08/28/07 Change of zoning from R-15 & AG -1 to Conditional A-12 Denied 2 12/10/02 Change of zoning from R-15 & B-2 to Conditional R -5D with a PD -1-12 Overlay Granted 3 05/27/97 Change of zoning from 0-2, B-2, R-10, P-1 & H-1 to AGA Granted 05/29/91 Change of zoning from AGA to Conditional 0- 2, B-2, R-10, P-1 & H-1 Granted 4 09/18/89 Change of zoning from R-15 & AGA to Conditional R-7.5 Granted 5 07/02/84 Conditional Use Permit counter tops Granted 07/17/78 Conditional Use Permit trailers Granted ZONING HISTORY ARGOLD DAM NECK, LLC Agenda Item 4 Page 12 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) Argold Dam Neck, LLC: Lawrence Steingold; Sam Steingold; Alan Resh, Members 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Merlin Beiler, Trustee under the Elva Y. Beiler Land Trust I 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9/112004 ARGOLD DAM NECK, LLC Agenda Item 4 Page 13 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Clark Nexsen Sykes, Bourdon, Ahem & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act; Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, 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 § 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 el on adage. Argold Da LLC Bv: Alan Resh, Member 4plica s Si urePrint Name �A n Merlin Beiler, Trustee under the Elva M ErL'. f ad& Y. Beiler Land Trust Property efs S nature (if different than applicant) Print Name conditional RemnWg Applkatfon Page 12 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT ARGOLD DAM NECK, LLC Agenda Item 4 Page 14 Item #4 Argold Dam Neck, L.L.C. Change of Zoning District Classification South side of Dam Neck Road District 7 Princess Anne March 12, 2008 REGULAR Janice Anderson: Next, we will hear our regular agenda. I will ask the Secretary to call the first matter on our regular agenda today. Donald Horsley: The first matter today is item 4, Argold Dam Neck, L.L.C. An application of Argold Dam Neck, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Dam Neck, approximately 190 feet east of Southcross Drive, District 7, Princess Anne. Janice Anderson: Welcome Mr. Bourdon. Eddie Bourdon: Good afternoon Madame Chairman. Thank you very much, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant. I recognize there are eight cases that are being heard today. It is going to be a long day. I'm going to try to keep this one brief because I don't believe there is a great deal of controversy. I know Al Moore and one of the other representatives of New Castle are going speak. We've had a lot dialogue with them. I'll let them speak for themselves but I don't think there is a huge controversy here. This is a piece of property over 32 acres in size that this Commission reviewed a previous application on less than a year ago. It was an application that included a workforce housing component, a mixed residential development including multi -family at 256 units with a PD -H plan that was recommended to you by your Planning staff. You also recommended approval of that plan. City Council was not as enamored as the rest of us were with that plan, and they denied the application. Now we have come back with a plan that is 100 percent consistent with the Comprehensive Land Use Plan for this area. It is one of those, and I said it before, one of the last available sites for residential development that is outside the AICUZ Zone. To our north is a section of New Castle that is zoned R-7.5 adjacent to our east is a city owned institutional use, the city's Landscape Services. We understand there will be ball fields also that will be located to our east and south. The section of New Castle to our west is R-15 and adjacent to that on their west is a Dragas condominium community at R -5D. So, this application R-7.5 at 3 'h units per acre is exactly what the Comprehensive Plan calls for in this area. We've got high quality community of 113 homes maximum, all single-family. We proffered typical building elevations. The plan that is up here, versus the one that is being passed around, we have made some changes based on dialogue with the adjacent property owners in New Castle. One of those, which made a lot of sense was we moved the park site that is here at the entrance street. We designed this with a very nice frontage, all landscaped and bermed. That is in the proffers. Item #4 Argold Dam Neck, L.L.C. Page 2 And just as you come in, is not of any home but of open space, and we flipped this. The park site is at the back of the open space where there will be less traffic. We have also agreed and the proffer (agreement) will be modified between here and City Council to include a proffer, that we will spend $60,000 on playground equipment to be placed in that park site. Again, that is being shifted and it is shown on the new plan that we passed around. That is one change. The other thing that we show here was a future right-of-way connection to the property to the south, which was something that neighboring community did not want us to do. So, we modified that. We now reduced it down to a 30 foot wide pedestrian access to the south so there: won't be any road connection if and when the property to the south develops. It will have to be developed utilizing Salem Road and not this property for access but there will be connectivity as far as walking, biking and what have you through this pedestrian area here. The other change is that along our western boundary, there are 10 home sites that will adjoin nine home sites in New Castle. We proffered that there will be a 25 foot tree preservation buffer on the back of these lots. These lots are deeper thti the rest of the lots, and that preservation easement will be dedicated to the Homeowners Association. The entire community is governed by a Homeowners' Association. They will hold that easement, which will prohibit those trees and landscaping in that area from being removed. Again, unless they are knocked down by a hurricane or they are diseased but the idea is to maintain that treed buffer on the back of these properties. This area is wooded at this point. There is not a similar situation on the back of these lots but we are willing to undertake that buffering on our site. Again, we're designed with totally compatible home sites here. The lots are so much smaller but the quality of the homes is as every bit as high, if not higher than the homes in New Castle, which were built many years ago. It is not to knock those homes. They are very nice homes. But the point is that it is a very compatible neighborhood to what is out there. I don't think anyone would disagree with that characterization. With that, I'm going to cut my remarks off so the folks of New Castle can speak out. I will come back up if there is anything for me to answer. Janice Anderson: Thank you. Eddie Bourdon: Thank you. Donald Horsley: Our first speaker is Al Moore. Al Moore: Members of the Commission, Madame Chairwoman, thank you for giving us the opportunity. Janice Anderson: Please state your name again for the record. Al Moore: It is Al Moore. I live at 2140 Southcross Drive, which is the property the bounds it on the left side of the picture here. First and foremost, I would like to thank Mr. Resh for being so cooperative with us. He met with us on two occasions. He heard us out. I think, within all the things that he controlled he made the modifications that you seen here today. Our expectation is, of course, those will be included in the proffers. As far as the tree preservation area, as we understand it from Mr. Resh, that will actually be written into the Item #4 Argold Dam Neck, L.L.C. Page 3 deed. So, it will be a covenant for the homeowners. I was going to recap these but Mr. Bourdon did a great job on that so I won't need to do that. My sole opposition to this comes primarily from the impact on traffic. The numbers that we have been given, and you may have this morning at the discussion session, is based on traffic counts on Dam Neck that were done in 2006. Since that time, Dam Neck Road has become a major east/west corridor. I don't know what the traffic counts are now. That is one thing that I would like to request to see. I can tell you that living where we are on Southcross, which intersects with Dam Neck, during the rush hour, you can barely make a left turn out of there. It is hard to make a right turn. During soccer season, when the soccer facilities fill up, that intersection is virtually unusable. The point where Dam Neck intersects with Salem Road, there is a stop light controlling that intersection. And again, during soccer season, the traffic backs up. Several dozen cars to the point where the people from soccer start to cut down Southcross and down Whitley Abby to get over to Salem Road. So, my main request is to that before you approve this is to take a harder look at the true traffic situation there. Because I think if they're projecting based on current counts, it is not adequate. Janice Anderson: Are there any questions for Mr. Moore? Thank you sir. Al Moore: Okay. Thank you very much. Donald Horsley: Our next speaker is Joseph Milligan. Janice Anderson: Welcome. Joseph Milligan: That was close. My name is Joseph Milligan. I live at 3801 Southcross Court, which is right next to this development. Once again, I would also like to thank Alan Resh. He has been real helpful and sat with us on two occasions and worked with us. I would also like to thank Karen Prochilo from the Planning Department. She has been a real big help too. I am going to kind of echo what Al said in a little different manner. The traffic is a big concern. That traffic study that was done in 2006. You have to remember that is when that road first opened. A lot of people didn't know there was a cut through. They didn't even know it existed. And since then it is public knowledge. It is a main thoroughfare especially during rush hour traffic in the mornings. So, taking this from an R-15 to an R-7.5 is obviously going to have some kind of impact on the traffic. I would like to see them, and mirror what Al said, a more current analysis of the traffic. The other thing and can we change back to the other map? One more. Okay, the other thing is that if you look at the surrounding properties, Elbow Road, which is now Dam Neck Road, everything north of that little neighborhood is R-7.5 but everything south of that is either AG -1 or R-15. That is kind of the dividing line. There are two parcels. The one that we are looking at that is shaded and there is another one that they anticipate down the road that is going to be available, which is the larger one, just south and west of that. If you said okay, we're going to take this down to R-7.5 based on the fact that neighborhood next to it is R-7.5, then to me, I see a leap frog effect into an area that is predominately R-15 and AG -1. If you look all the way around it, it's R-15. So, if that is the argument for this, than when the next development is developed it is the same argument. It is going to abut that and then you kind of have a finger that comes in Item #4 Argold Dam Neck, L.L.C. Page 4 there that just really doesn't fit the surrounding zoning. The cut through traffic was a major concern because now they're cutting through our neighborhood because of traffic is so great to avoid that intersection. I was glad to see them put the pedestrian cut through and eliminate the vehicular traffic. And lastly, what assurance do we have if they rezone this to R-7.5, that we won't come back or they can change this plan, and maybe try to impose a 30 percent increase in workforce housing. Does it stand solely as this project? Can it change if the economics change? That is the question that I have. Janice Anderson: We can answer that for you. Mr. Macali? Do you want to address that? Bill Macali: We can't made changes to an approved City Council plan with out the approval of City Council. It would have to be approved by the City Council. Joseph Milligan: So, will the zoning stay R-7.5 Janice Anderson: It is a conditional rezoning. It has to have these specific proffers on it. It is just not a straight rezoning. That is correct. So, if it has to change it would have to come back. Joseph Milligan: The whole process starts over. Janice Anderson:: Yes it does. Joseph Milligan: Okay. Thank you. Donald Horsley: There are no other speakers. Janice Anderson: Mr. Bourdon? Eddie Bourdon: On behalf of Mr. Resh, we would like to also thank the folks from New Castle community because not only on this application but even prior application, they have been extremely pleasant and cordial to work with inspite of and especially in the last case, a significant disagreement. That is very much appreciated because you don't always encounter that. It really has; been a pleasure to work with them. They have been very open and good listeners. The property to our immediate east is an institutional use. It is zoned agriculture but it is a use that would generally be an office use or an industrial use. The property on the opposite side of this section in New Castle is zoned R-51) and not R-15, which is along Salem Road down to this point. The fact that there is no and will not be with this revised plan any connectivity other than pedestrian between this community and the R-15 as the Bilo family continues to own plus there is a church here, down below us on Salem Road ensures us that this property if and when it is ever rezoned for development, there is also this APZ line, that runs through here. Although most of this property, I believe is outside. Some of this property is not residential developable because of that line but it would develop along Salem Road and with entrance off of Salem Road, which in this area is all R-15, and I think that is obviously the likely scenario, and I think that is one of the reason that we have no Item #4 Argold Dam Neck, L.L.C. Page 5 connectivity other than pedestrian. But given what is adjacent to us in this area and what is adjacent to the same section here, and across the street, from a land use standpoint, is perfectly reasonable. The other thing that is important from a traffic standpoint. And we need to understand, and I'm not going to argue. I don't live there but I do know from having the soccer complex with my daughter and son for the last nine years on a regular basis that there is a fair amount of traffic here but that traffic is every hour or hour fifteen minutes that comes out and it is dead. Then there isn't any traffic until when the game is over. This area, with all the development that will not happen here because of the AICUZ zones. There is very little future residential that will happen in this area at all, and as traffic matters go, this road is, and I'm not saying there isn't traffic there at a certain time but it is not a very heavily traveled road on an overall basis compared to a lot other areas of the city. I appreciate your listening. Janice Anderson: Thank you. Are there any questions of Mr. Bourdon? Are there any comments? Eugene Crabtree: The property that is to the right of this property that he is talking about is exactly city owned by Landscape Services for Parks and Recreation. And behind that, on the left hand side is also Parks and Recreation owned and is designed in the future for ball fields. And part of, and I believe if that is right on the edge of what we know as Princess Anne Commons property line, back where it says 65-75 dB in that area, so that particular area is never going to be developed for anything other than something with Parks and Recreation or of that nature or of Princess Anne Commons for that type thing. That is not going to be used for any residential. The only addition that it would abut Salem Road. Janice Anderson: If I can. Rick Lowman. Is he here? Ric Lowman: Ric, the two gentlemen had some personal concerns with traffic. Could you just review what your department looked up when reviewing this application and the required turn lanes in there to facilitate the traffic? Ric Lowman: Ric Lowman, City of Virginia Beach Traffic Engineering. We did take a look at this development as it came I the first time. It was more dense than this, and this incarnation of the plan it involved a low density requirements or traffic requirements for a traffic impact study. And based on the analysis that we did of the impact to the roadway and the current volumes on the roadway, it is not going to bring that roadway Dam Neck over capacity. As far as the turn lanes that are required, per our comments and the Public Works specifications, we require left turn lane into the site and a right turn lane in the site. That is in our comments. And that will be worked out at the site plan stage. As far as the Saturday afternoon traffic concerns show our concerns are there. Saturday mornings as well. It does get congested for that 15 or 20 minutes and then, like Eddie said, it disperses and that mandates the traffic concerns that really don't pertain the normal rush hour type concerns that we share. So, it doesn't mean a special event and they are seasonal. Item #4 Argold Dam Neck, L.L.C. Page 6 Janice Anderson: The right and left turn lanes that will keep the traffic flowing on Dam Neck Road? Ric Lowman: Yes ma'am. Janice Anderson: Thank you. Are there any questions for Ric? Jay Bernas: In your comments you mentioned that a traffic signal bond will be required for Dam Neck and the entrance to the subdivision as well? Ric Lowman: yes. Jay Bernas: Would the signal exactly be there or would it be at Southcross and Dam Neck. Ric Lowman: The traffic signal bond is a requirement that Public Works has to sort of prorate share the signal class, if an when the signal is warranted in the future. We can't predict what is going to happen around it. But if and when a signal would be required around it, that would be a part of the reason for the signal, we would call their bond to help pay for the signal. So, we would do that with any bond holders in the traffic signal bonds that we have for any of the properties that would kind of contribute to that. So, it would be pretty hard to say when the signal would be place. Jay Bernas: I was wondering if that bond was that for intersection or did it cover? Ric Lowman: It covers the impacts of that development. Janice Anderson:: Are there any other questions? Go ahead Al. Al Henley: Ric, when that bond is posted signalization is that bond held for a certain number of years or is it there indefinitely? Ric Lowman: I believe it is there for five years. Al Henley: Five years. Ric Lowman: Yes sir. Al Henley: So, in due time in five years or anytime earlier, then if those conditions prevail then, of course the signal would be installed at that time. Ric Lowman: Yes sir. Al Henley: Thank you. Item #4 Argold Dam Neck, L.L.C. Page 7 Janice Anderson: Are there any other questions? Thank you Ric. I'll open it up for discussion. Donald Horsley: It appears to me that the applicant has done an excellent job in working with the neighborhood and addressed many of their concerns in keeping with the content of the Comprehensive Plan. It seems to be adhered to so I will make a motion that we approve the application. Janice Anderson: A motion by Don Horsley and a second by Gene Crabtree. Is there any further discussion? Barry Knight: We need to include the verbage about $60,000 proffered between now and Council. Mr. Bourdon said he was going to agree. Donald Horsley: Put that in there. Eddie Bourdon: Yes. We will revise the proffers between here and Council to include that new plan with a flipped park, and to include $60,000 of playground equipment that will be installed in that park. Donald Horsley: We can make that part of the motion. Janice Anderson: Thank you Barry. Is that okay with you with the motion? Is there any further discussion? I'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved the application of Argold Dam Neck, L.L.C. y S OF OuR NPS%O In Reply Refer To Our File No. DF -7021 TO FROM: RE Leslie L. Lilley B. Kay Wilson* CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 26, 2008 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Argold Dam Neck, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on ,April 8, 2008. 1 have reviewed the subject proffer agreement, dated November 29, 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: Kathle Ha ssen PREPARED BY: SYUS, $OUMON. ►'illi AHMN & LUY. P.0 ARGOLD DAM NECK, LLC, a Virginia limited liability company MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of November, 2007, by and between ARGOLD DAM NECK, LLC, a Virginia limited liability company, party of the first part, Grantor; MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST, party the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the parry of the second part is the owner of a parcel of land which is hereinafter referred to as the "Property", located in the Princess Anne District of the City of Virginia Beach containing approximately 32.58 acres. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-15 and AG -1 to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge 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 Grantors' rezoning application gives rise; and GPIN: 1484-16-6408 (Part of) 1 PREPARED BY: M SIUS, BOURDON, BRtH£RN & LEW P.0 WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Residential 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 Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid prooo. 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SUBDIVISION PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). 2. When the Property is developed, the entrance to Village Bend shall be from Dam Neck Road with the landscape berm and landscape plantings, entrance signage and water feature substantially as depicted on the detail plan entitled "Village Bend Preliminary Streetscape Screening and Sign Exhibit", dated November 30, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Landscaping Plan"). 3. When the Property is developed, it will be subdivided into no more than one hundred thirteen (113) single family residential building lots. The homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2400 square K PREPARED BY: ram SYKES. BOURDON. W ARIRN & LEW P.0 feet of living area for a two story dwelling and 2000 square feet of living area for a one story dwelling. Each home shall have a garage and the architectural designs and building materials utilized shall be substantially as exhibited on the pictures labeled "Home Styles at Village Bend" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Pictures"). 4. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas, vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. 5. When the Property is developed, the party of the first part shall install $6o,000.00 of playground equipment in the "Pocket Park" utilizing equipment approved for and/or utilized by the Virginia Beach Department of Parks and Recreation. The Pocket Park and equipment shall be maintained by the Homeowners' Association. 6. The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a tree retention and restoration plan .for the twenty-five foot (25') Vegetated Buffer Easement along the western boundary of the property. The Vegetated Buffer Easement shall be dedicated to the Homeowners' Association and it shall mandate preservation and retention of a buffer of evergreen and deciduous trees, along with other native vegetation within the area of the easement. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit M Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (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 Grantors and the Grantee. PREPARED BY: SYUS. $OURIDON. WN AI£RN & IM. AC 0 WITNESS the following signature and seal: Grantor: Argold Dam Neck, LLC, a Virginia limited liability company By: (SEAL) Alan Resh, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3oth day of November, 2007, by Alan Resh, Member of Argold Dam Neck, LLC, a Virginia limited liability company, Grantor. r Nota Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: RN SUES. ROURDON. AH£RN & L£VY. P.C 9 WITNESS the following signature and seal: Grantor: (SEAL) MeWiB'e'Ver, Trustee under the Elva Y. Beiler Land Trust STATE OFAZR611HA SOUTH CAROLINA CITY ABBEVILLE, to -wit: The foregoing instrument was acknowledged before me this -SA day of December, 2007, by Merlin Beiler, Trustee under the Elva Y. Beiler Land Trust, Grantor. Notary Public My Commission Expires:�i�e-Z-�1S ,2Oir Notary Registration No.: 10-Y2 PREPARED BY: M MES. ROURDON. M ARM & LEW P.0 EXHIBIT 4W METES AND BOUNDS DESCRIPTION OF THE NORTHERN PORTION OF PROPERTY OF THE ELVA Y. BEILER LAND TRUST (PART OF GPIN:1484-16-64o8) ALL THAT certain tract, piece or parcel of land consisting of approximately 32.24 acres, more or less, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that tract of land known, numbered and designated as "PARCEL B, AREA = 63.858 ACRES", as shown on the plat entitled "SUBDIVISION OF PROPERTY OF ELVA Y. BEILER, KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated November 23, 1994, The TAF Group, which plat was recorded December 19, 1994 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 240, at Page 6. Said portion of Parcel B is more particularly described as follows: BEGINNING at a point along the southern right of way line of Elbow Road at the northeast corner of the northeastern -most lot as depicted on the plat entitled "SUBDIVISION OF NEWCASTLE, SECTION 2" which subdivision plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 243, at Page 28, and from said POINT OF BEGINNING running along the southern right of way line of Elbow Road along a curve having a radius of 5794.63 feet an are length of 144.16 feet, a chord bearing of South 700 40' 38" East and a chord distance of 114.15 feet to a point; thence continuing along the southern right of way line of Elbow Road South 71° 23' 21" East, a distance of 929.98 feet to a point; thence turning and running South 18° 05' 27" West, a distance of 308.43 feet to a point; thence turning and running South 19° 44' 21" West, a distance of 339.33 feet to a point; thence turning and running South 22° 04' 33" West, a distance of 648.78 feet to a point; thence turning and running North 530 28' 54" West, a distance of 1518.64 feet to a point along the eastern boundary of the Subdivision of Newcastle; thence turning and running North 450 07' 12" East, a distance of 927.64 feet to the POINT OF BEGINNING. Said parcel containing approximately 32.24 acres. GPIN: 1484-16-6408 (Part of) ConditionalRezone/ArgoldDamNeek/VillageBend/Proffer PREPARED BY. LIM SMS, BOURDON, W AHERN & LEW P.C. 7 p,U Bp S Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Amending Section 502 and Adding Section 502.1 of the City Zoning Ordinance to amend dimensional requirements and establish design incentives and criteria concerning porches, upper floors, and attached garages for dwellings in the R-511 Residential Resort District. MEETING DATE: April 8, 2008 ■ Background: The proposed amendments are the result of concern by some civic leaders that the current R -5R regulations are encouraging inappropriately large dwelling units to be built on smaller, nonconforming lots. The proposed amendments are intended to result in less building mass on nonconforming lots and encourage the addition of open front porches, interesting architectural features and side -loaded or recessed garages. ■ Considerations: Based on discussion after the March 13 Planning Commission hearing with residents and property owners potentially affected by the proposed amendments, the City requests withdrawal of the amendments from further consideration. ■ Recommendations: Allow withdrawal of the amendments. Recommended Action: Allow withdrawal. Submitting Department/Agency: Planning Department City Manager - k .753 6 M. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH BRIEFING: SUMMARY OF COUNCIL ACTIONS A. REAL ESTATE ASSESSMENT Jerald Banagan, ANNUAL REPORT Real Estate V O I Assessor DATE: April 1, 2008 M B L IMII/ D C E L E D IV/ H C R A W PAGE: I S I E J L N U N I Y Y 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 BRIEFING: A. REAL ESTATE ASSESSMENT Jerald Banagan, ANNUAL REPORT Real Estate Assessor IMII/ IV/ V/VI CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y E-1 F -I MINUTES Informal/Formal Sessions March 25, APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y 2008 G/H-1 PUBLIC HEARINGS: CONVEYANCE of EXCESS CITY -OWNED No speakers PROPERTY — First Court Rd a. Joan C. Harper/Cleveland Forrel Martin 21 LEASE of CITY -OWNED PROPERTY— No speakers Farmer's Market a. Princess Anne County Grill, Inc. b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) c. Jesse B. Spry (t/a Holland Produce) d. Jesse B. Spry (t/a S & H Produce) UJ -1 Ordinances to AUTHORIZE leases at the ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y FARMER'S MARKET: CONSENT a. Princess Anne County Grill, Inc- Space #26 b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) - Space #9 C. Jesse B. Spry (t/a Holand Produce)— Spaces #5 and #6 d. Jesse B. Spry (t/a S & H Produce)- Space #13 2 Ordinance to DECLARE City -owned land ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y fronting First Court Rd as excess property/; CONSENT and, AUTHORIZE conveyance to JOAN C. HARPER/CLEVELAND FORREST MARTIN 3 Ordinance to AUTHORIZE encroachment ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y into portion of City property known as CONSENT Treasure Canal for DENNIS L/BRENDA J. PHILLIPS re boatliftoiles/vinyl bulkhead' deck/floating dockteturns at 2249 Leeward Shore Ct DISTRICT 5— LYNNHAVEN CITY OF VIRGINIA BEACH NIMMO CHILDCARE and RESOURCE DEFERRED TO 10-0 Y Y Y Y Y Y Y A SUMMARY OF COUNCIL ACTIONS Y Y April 22 LEARNING CENTER, INC, Modification of MAY 6, 200$ 9 AM April 22 Publ is Hearing Council Chamber 6 PM April 29 Workshop Council Conference Room 9 AM May 6 Reconciliation Workshop Council Conference Room 9 AM Conditions on Conditional QZ (approved on Adoption V 6 PM DATE: April 1, 2008 O IM November 23, 1993) re chi ldcareat 2244 BY CONSENT B L D C E L PAGE: 2 E D H C R A W S I E J L N U N I Y AGENDA T E D N 0 A D H U L W ITEM 4 SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 0 H L R Y S N F N A N D K.1 NIMMO CHILDCARE and RESOURCE DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y April 22 LEARNING CENTER, INC, Modification of MAY 6, 200$ 9 AM April 22 Publ is Hearing Council Chamber 6 PM April 29 Workshop Council Conference Room 9 AM May 6 Reconciliation Workshop Council Conference Room 9 AM Conditions on Conditional QZ (approved on Adoption Council Chamber 6 PM November 23, 1993) re chi ldcareat 2244 BY CONSENT General Booth Blvd DISTRICT 7— PRINCESS ANNE 2 Ordinance toAMEND the Comprehensive ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y Plan by incorporating theAPZ-1/Clear Zone Master Plan as an appendix L APPOINTMENTS HUMAN RIGHTS COMMISSION RESCHEDULED B Y C 0 N S E N S U S BIKEWAYS AND TRAILS ADVISORY APPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION Natasha Clarke Unexpired term through 06130/09 COMMITTEE re LATE PAYMENT OF REAL APPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y ESTATE TAXES Council Lady Rosemary Wilson Councilman James Wood City Treasurer John Atkinson Catheryn Whitesell Todd Solomon Committee's Legal Advises Roderick R. Ingram M/N/ 0 ADJOURNMENT: 6:24 PM PUBLIC COMMENT 5 Speakers PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 Workshop Council Conference Room 9 AM April 15 Workshop Council Conference Room 9 AM April 17 Public Hearing Green Run High School 6 PM April 22 Workshop Council Conference Room 9 AM April 22 Publ is Hearing Council Chamber 6 PM April 29 Workshop Council Conference Room 9 AM May 6 Reconciliation Workshop Council Conference Room 9 AM May 13 Adoption Council Chamber 6 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: April 1, 2008 P 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 CITY COUNCIL ONE -DAY RETREAT MAY 129 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER >F CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER