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APRIL 22, 2008 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kemprville - District 2 ROBERTM, DYER„ Centerville - District I BARBARA HENLEY, Princess Anne District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach District 6 RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CI77 MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 22 APRIL 2008 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE. -(757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com CITY COUNCIL WORKSHOP -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 I. CITY COUNCIL BRIEFING - Conference Room - A. REVISED NON-PROFIT EXEMPTION POLICY Philip J. Kellam, Commissioner of the Revenue II. CITY MANAGER'S BRIEFING A. CONVENTION CENTER ANNUAL REPORT James B. Ricketts, Director Convention and Visitors Bureau III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA 9:00 AM 2:30 PM i 11 V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11 VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Thich Chuc Do Vice President, Buddhist Education Center of America, Inc. 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 HEARING 1. TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed) I. CONSENT AGENDA April 8, 2008 PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 22 Workshop Council Conference Room 9 AM April 22 Public 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 COUNCIL ONE -DAY RETREAT MAY 12, 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 IAgenda 04/22/08 atb wwtiv.vbaov.com 5. Application of ASSI HOUSE, INC., for a Modification of Conditions to a Conditional Use Permit (approved by City Council on December 12, 1988) at 4853 Princess Anne Road re construction of a dwelling to provide a nondenominational, supervised, residential facility for no more than eight (8) adults with mild to moderate retardation. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of VALUE PLACE REAL ESTATE SERVICES, L.L.C., for the Modification of Proffers to proposed uses and development plans re a Conditional Change of Zoning from AG -1 Agricultural District to Conditional O-1 Office District and Conditional H-1 Hotel District (approved by City Council on April 22, 2003 and Deferred April 22, 2008) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 — PRINCESS ANNE APPLICANT REQUESTS INDEFINITE DEFERRAL 7. Application of WELDENFIELD OF VIRGINIA, L.L.C. for a Change of Zoning from I-1 Light Industrial District, R-51) Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD -112 Overlay re developing sixty-nine (69) single-family dwellings and eighty-one (8 1) townhomes at Regent University Drive and Jake Sears Road. DISTRICT 1 — CENTERVILLE RECOMMENDATION DEFERRAL TO MAY 13, 2008 L. APPOINTMENTS AUDIT COMMITTEE HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7. Ordinances to APPROPRIATE: a. $1,600,000 of fund balance from The Central Business District (CBD)— South Tax Increment Financing (CBD TIF) Special Revenue Fund to provide partial funding re purchase of the Block 7 Garage, Westin Conference Center and the Block 7 Pedestrian Bridge Town Center b. $189,256 of State Revenue to the FY2007-08 Operating Budget for the Clerk of the Circuit Court re result of increase in state salary base not included in the City's FY 2007-2008 Operating Budget 8. Resolution to APPOINT Lyndon S. Remias as City Auditor and establish the City Council's fifth Appointee effective May 15, 2008. K. PLANNING Application of GRACE BIBLE CHURCH for the discontinuance, closure and abandonment of an unimproved right-of-way (Pritchard Road) at Ansol Lane. DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 2. Variance to certain elements of the Subdivision Ordinance requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill Dam Landing Associates, L.L.C. at 4949 Lookout Road (Lake Bradford and Chubb Lake) re subdividing three (3) existing lots into four (4) lots to develop a single-family dwelling on each of the newly created lots. DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 3. Application of KATHLEEN D. RENFRO for a Conditional Use Permit re a horse riding academy (lessons for beginner -level riders) at 3940 Dawley Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION F.119901wl 4. Application of EVELYN'S WILDLIFE REFUGE for a Conditional Use Permit re a wildlife outdoor rehabilitation facility at 2633 Highland Drive. DISTIRCT 1 — CENTERVILLE RECOMMENDATION APPROVAL ORDINANCES/RESOLUTIONS Ordinance to AMEND Chapter 34 of the City Code and ADD § 34-36 re requiring fences for swimming pools. 2. Ordinance to REPEAL § 2-5 of the City Code pertaining to Francis Land House Board of Governors and REPLACE with Section establishing Virginia Beach Historic Preservation Commission. Resolution to ACCEPT the Historic Sites Organizing Committee's Recommendations of April 4, 2007. 4. Resolution to RECOGNIZE the contributions of citizens who served on the Francis Land House Board of Governors and the Francis Land House Executive Committee. 5. Ordinances to AUTHORIZE acquisition: a. property at 305 21" Street (McDonald's Property) from Herbert A. Holt, III for $1,300,000 and AUTHORIZE the City Manager to execute all documents (DISTRICT 6 — BEACH) b. property at 300 21" Street (parking lot for McDonald's property) from Mildred B. Stormont for $495,000 and AUTHORIZE the City Manager to execute all documents (DISTRICT 6 — BEACH) 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Joyce for Richard P. and Marilyn B. Mitchell at 4433 Blackbeard Road re constructing and maintaining a proposed pier access walkway, low profile boat lift and maintain existing wood pier, wood bulkhead and timber piles (DISTRICT 4 — BAYSIDE) b. Croatan Beach by James J. and Janet L. Perriello at 516 S Atlantic Avenue re constructing and maintaining a walkway and deck platform (DISTRICT 6 — BEACH) INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Thich Chuc Do Vice President, Buddhist Education Center of America, Inc. 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 April 8, 2008 G. AGENDA FOR FORMAL SESSION O ?_ ;91P T� S OF DUR NPt\ON JaP1501:Uttott 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 Freedorn 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 HEARING 1. TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed) NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE AND PUBLIC HEARING Tax Increase Caused by Increase in Annual Assessment The City of Virginia Beach proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property (including public service properties), excluding additional assessments due to new construction or improvements to property, exceeds last years total assessed value of real property by 2.70 percent 2. Lowered Rate Necessaryto Offset Increased Assessment: The tax rate which would levythe same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $0.8666 per $100 of assessed value. This rate will be known as the "lowered tax rate." 3. Effective Rate Increase: The City of Virginia Beach proposes to adopt a tax rate of $0.89 per$100 of assessed value. The difference between the lowered tax rate and the proposed rate would be $0.0234 per $100, or 2.70 percent This difference will be known as the "effective tax rate inerease." Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the City of Virginia Beach will exceed last years by 2.1 percent NOTE The FY 2008-09 Operating Budget as submitted to the City Council proposes maintaining the current real estate tax rate to $0.89 on each $100 of assessed valuation, the assessment for individual properties, including public service property, increased by an average of 2.70°/x. Since the increase in assessments is over 1.00%, the preceding information was provided pursuant to Code of Virginia § 58.1-3321. Public Hearing Public Hearings on the increase will be held on Tuesday, April 22, 2008 and Tuesday, May 13, 2008. Both public hearings will begin at 6:00 P.M. in the City Council Chamber on the second floor of the City Hall Building (Building #11, 2401 Courthouse Drive, Virginia Beach, Virginia. These hearings are open to the public, and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk CONSENT AGENDA ORDINANCES/RESOLUTIONS Ordinance to AMEND Chapter 34 of the City Code and ADD § 34-36 re requiring fences for swimming pools. 2. Ordinance to REPEAL § 2-5 of the City Code pertaining to Francis Land House Board of Governors and REPLACE with Section establishing Virginia Beach Historic Preservation Commission. 3. Resolution to ACCEPT the Historic Sites Organizing Committee's Recommendations of April 4, 2007. 4. Resolution to RECOGNIZE the contributions of citizens who served on the Francis Land House Board of Governors and the Francis Land House Executive Committee. 5. Ordinances to AUTHORIZE acquisition: a. property at 305 21St Street (McDonald's Property) from Herbert A. Holt, III for $1,300,000 and AUTHORIZE the City Manager to execute all documents (DISTRICT 6 — BEACH) b. property at 300 21St Street (parking lot for McDonald's property) from Mildred B. Stormont for $495,000 and AUTHORIZE the City Manager to execute all documents (DISTRICT 6 — BEACH) 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Joyce for Richard P. and Marilyn B. Mitchell at 4433 Blackbeard Road re constructing and maintaining a proposed pier access walkway, low profile boat lift and maintain existing wood pier, wood bulkhead and timber piles (DISTRICT 4 — BAYSIDE) b. Croatan Beach by James J. and Janet L. Perriello at 516 S Atlantic Avenue re constructing and maintaining a walkway and deck platform (DISTRICT 6 — BEACH) 7. Ordinances to APPROPRIATE: a. $1,600,000 of fund balance from The Central Business District (CBD)— South Tax Increment Financing (CBD TIF) Special Revenue Fund to provide partial funding re purchase of the Block 7 Garage, Westin Conference Center and the Block 7 Pedestrian Bridge Town Center b. $189,256 of State Revenue to the FY2007-08 Operating Budget for the Clerk of the Circuit Court re result of increase in state salary base not included in the City's FY 2007-2008 Operating Budget 8. Resolution to APPOINT Lyndon S. Remias as City Auditor and establish the City Council's fifth Appointee effective May 15, 2008. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Adding a New Section 34-36, Pertaining to Swimming Pool Fences MEETING DATE: April 22, 2008 ■ Background: The International Residential Code, which has been incorporated into the Virginia Uniform Statewide Building Code, specifies the construction standards for swimming pools. While it requires that pools be surrounded by appropriate barriers (fences, walls, building walls, or any combination thereof), the provisions of the Code cannot be applied retroactively to pools constructed before the adoption of the barrier requirement in approximately 1972. However, Virginia Code Section 15.2-921 explicitly allows the City to adopt an ordinance that requires pools to be retrofitted with fences. Because unfenced swimming pools constitute serious hazards, the ordinance is being brought forward in order to ensure that all pools in the City have fences or other barriers (such as building walls) surrounding them. ■ Considerations: The ordinance requires all pools, irrespective of the date they were constructed, to have fences. While pools constructed since about 1972 have had to be surrounded by fences or other suitable barriers, the adoption of this ordinance will require pools built prior to that time to also have fences surrounding them. Because the ordinance does not take effect for 90 days from its adoption, there should be ample time for pool owners who must construct barriers to accomplish the necessary construction. ■ Public Information: The item is to be advertised as an ordinary agenda item; no special form of advertising is required. ■ Alternatives: The City Council may decline to adopt the proposed ordinance, thereby maintaining the status quo (i.e., pools constructed prior to 1972 would not be required to be fenced). 0 Recommendations: Adoption of ordinance ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: City Manager: L 10J-1-- ousing and Neighborhood Preservation 1 AN ORDINANCE TO AMEND CHAPTER 34 OF THE 2 CITY CODE BY ADDING A NEW SECTION 34-36, 3 REQUIRING FENCES FOR SWIMMING POOLS 4 Section Added: § 34-36 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Chapter 34 of the City Code is hereby amended by the addition of a new 8 Section 34-36 of the City Code, to read as follows: 9 10 Chapter 34 SWIMMING POOLS 11 .... 12 13 ARTICLE II. DESIGN AND CONSTRUCTION 14 15 .... 16' 17 Sec. 34-36. Swimming pool fences. 18 19 (a) It shall be unlawful for any person to own or control any outdoor swimming 20 pool without having a fence surrounding such swimming pool, irrespective of the date 21 on which such swimming pool was constructed. Such fence shall be in compliance with 22 Section AG 105 of the 2003 International Residential Code or any successor provision. 23 24 (b) Violations of this section shall be punishable by a fine of not more than 25 three hundred dollars ($300.) Each day's violation shall be deemed a separate 26 offense. In addition to such penalty, and not in lieu thereof, the City may seek to enjoin 27 a continuing violation of this section by civil action filed in the circuit court. 28 29 (c) The provisions of this section shall not apply to any swimming pool 30 operated by or in conjunction with any hotel located on a governmental reservation. 31 32 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That this ordinance shall become effective ninety (90) days after the date of 36 adoption. 37 38 COMMENT 39 40 The amendment requires all outdoor swimming pools, except for pools operated by or in 41 conjunction with a governmental reservation, be surrounded by a fence. Such fences must comply 42 with the requirements of the International Residential Code for swimming pool fences, which 43 includes specifications for the installation and the types of barriers that are allowed. Violations are 44 45 46 47 punishable by a fine of up to $300 for each day that a violation continues. In addition, the City may obtain a civil injunction against a continuing violation of this section. The ordinance is to take effect ninety (90) days from the date of adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2008. APPROVED AS TO CONTENT: Hos g and Nei 'hb hood Preservation CA10618 R-8 April 7, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: dLo�" City Attorney's Office � i,1 rE . 7 J �VYiv.I CITY OF VIRGINIA BEACH AGENDA AGENDAITEMM ITEM: An Ordinance to Repeal Section 2-5 of the City Code Pertaining to Francis Land House Board of Governors and Replace with Section Establishing Historic Preservation Commission MEETING DATE: April 22, 2008 ■ Background: The Francis Land House Board of Governors was originally established in 1984 to make recommendations to the City Council on all phases of the planning, policy and management for the Francis Land House. The Francis Land House Board of Governors has provided excellent service for over twenty (20) years with over seventy (70) individuals serving on the Board. However, the Francis Land House Board of Governors did not to remain functional during the latter part of the governance review and planning process. They have not met since January 2006 and all of their appointments have expired. In 2003, with the City's acquisition of the Adam Thoroughgood House, the Department of Museums initiated study and discussion on whether to establish a separate board for the Thoroughgood House, or to have just one board to advise Council on the two houses. The subsequent decision for the City to acquire the historic Lynnhaven House added a third house to the equation. On September 12, 2006, City Council established the Historic Sites Organizing Committee to advise Council on governing the historic sites by either a board or foundation, and on the City's historic preservation activities. The committee reported to City Council on April 4, 2007 and recommended the establishment of a private foundation for the historic houses. The committee again reported to City Council on March 25, 2008 and recommended the establishment of a Historic Preservation Commission to advise the City Council and the Departments of Museums and Planning on all issues related to the preservation of historic buildings, structures and sites. ■ Considerations: The Historic Sites Organizing Committee, at the direction of City Council, has been working to organize a foundation for City -operated historic houses. The foundation will, to a certain extent, fill the role of the Board of Governors and have responsibilities for the City -operated historic sites, with such roles and responsibilities to be established through a future Memorandum of Understanding with City Council. The sites will continue to be managed and administered through the City's Department of Museums. A Historic Preservation Commission was first recommended to the Virginia Beach City Council by a special citizens committee in 1963. Many cities and counties across the United States have utilized similar bodies to engage and involve citizens in the process of planning for the management of a locality's important historic resources. One of the five primary objectives identified in the Virginia Beach Historic Resources Management Plan (1994) was "(T)o involve the community in managing historic resources." Because the majority of Virginia Beach's historic resources are in private hands, and the mechanisms to positively affect preservation typically reside within the local government, the Historic Sites Organizing Committee believes that a group of interested citizens, working with City staff and reporting to City Council, is a necessary part of a successful historic preservation program. ■ Public Information: Public information and notification will be handled through the Council agenda notification process. ■ Attachments: Ordinance Recommended Action: Adoption of the ordinance Submitting Department/Agency: Department of Museums City Manager: 2 1 AN ORDINANCE TO REPEAL SECTION 2-5 2 OF THE CITY CODE PERTAINING TO 3 FRANCIS LAND HOUSE BOARD OF 4 GOVERNORS AND REPLACE WITH 5 SECTION ESTABLISHING VIRGINIA BEACH 6 HISTORIC PRESERVATION COMMISSION 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-5 of the City Code be, and hereby is, repealed and replaced as 12 follows: 13 14 . 15 16 17 18 , that initial appeintments shall be FA-ade -;4q- felk 19 , 20 , 21 shall select frem its membeFshin a chairman and dine Chairman 22 23 24 25 26 e,,eh lesser terns r+ to nrevide I evniratien6 thereef 27 28 /el The FmFaRGio 1 and House e Q and shall meet at least enne �v�--rric-r,-e�nvra c O crr�-A��9�feffl9FS 29 30 31 .. beaFd shall be, 32 33 , and the disposition ef fiuin�-S Q -P- raised shall be geyeFRed by 34 siens of paFagFaph (d). 35 36 (d) The Cr Gl and Meeuse BeaFd of Ge..ernnre._ hereby n„+heAzed and 37 , who may sep.oe for 38 39 40 Land HGuse" and the Gemmiftee is authGFiZ-ed tGaGt iR that Rame. Reasonable dues 41 42 shall be determined by the beaFd of gevemem. The said G0Fnmi#ee may alse aGGeW 43 44 45 , and in aGG9FdaRGe with the FeaseRable gu*de!iF;eS-GF 46 . 47 48 , and all denatiE)RS E) 49 tangible peFSORal pmpeFty, shall be tax deduGfible by the dE)ROF tO the extent allowed by 50 law. All SUGh fuRds FeGeived shall be deposited with the Gity tFea - - aGGeURttO 51 be knewR as the " 52 53 54 funds dedved theFefr-em shall be deposited to the FFaRGi6 Land Heuse AGGeunt. 55 56 The Rands Land Heu eBE)RTd — • heFeby authOdze "l and 57 empeweFed te aGGept loans of taiigible PeFSE)nal pFopeFty feF display in the Rands Land 58 ase. 59 60 All FnenibeMhip dues, 61 tangy peFsenal property deposited te the RaMiG Land House AGGOURt Shall be 62 > 63 Rands Land House, 64 65 The 66 tangible pemenal propeFty donated fGF the said upkeep, MakltenanGe and WeFpFet 67 of the PFands Land House and the beaFd ef gavemers shall advise the Gity FnanageF-ef 68 his designee as to the disposition afeFesaid-. 69 70 Sec. 2-5. Historic Preservation Commission. 71 72 (a) There is hereby created the Virginia Beach Historic Preservation 73 Commission for the purpose of advising City Council and the departments of Museums 74 and Planning on all issues related to the preservation of historic buildings, structures, 75 and sites located in the City of Virginia Beach. The mission of the commission shall be 76 to preserve protect and maintain the historic identity of Virginia Beach and the former 77 Princess Anne County through a program of advocacy and increased public awareness 78 and involvement. 79 80 (b) The commission shall consist of at least nine (9) but not more than fifteen 81 (15) members with expertise in the fields of architecture archaeology, and history. 82 The commission shall include at least one (1) representative from the Princess Anne 83 CountyNirginia_ Beach Historical Society and one (1) representative from the Virginia 84 Beach Historical Preservation Partnership The members of the commission shall be 85 appointed by the City Council to serve terms of three (3) years, provided, however, that 86 the initial appointments shall be made as follows: three (3) members shall be appointed 87 for a term of one (1) year. three (3) members for a term of (2) years, and the remaining 88 members for a term of three (3) years. 89 COMMENT 90 This amendment repeals the Francis Land House Board of Governors, which has not met 91 since January 2006 and is no longer functional, with a Historic Preservation Commission tasked 92 with advising the City Council on protecting and preserving all historic buildings, structures and 93 sites located in the City of Virginia Beach. 94 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2008. APPROVED AS TO CONTENT: Mus ' ms Department CA10678 R-5 March 20, 2008 APPROVED AS TO LEGAL SUFFICIENCY: 1�-- City Attorney's Office co .r. U) (10 E E O V � N r L74 E 0 .0 a cn c 0 O O n r.n mom _ 3: a� E E O V V to dch . WWWWO wool V . CD O O r V ■ N� U) (10 E E O V � N r L74 E 0 .0 a cn c 0 O O n r.n mom _ 3: a� E E O V V to dch . ?"+ C6 0 (J) 0 0 U CO � CO N o 0co °c 0 �0 o a) -04000o W N O 00 �co co Co cn CO v N 0 N cJD :Ca O D u" 0 N CID0 CO � N � U. J0 0 D U co cA = .-- ._00 0 co 0 N 'a %- co r -a rl 11 • Vi o :D .o p V.- 0) C �s CIO 4-j •..� � to � cn ,/� .�" i oU. ..V/ (�� CCS .. CL o UWAM, s.. co � � o � � .f..#a, � � o � (n o � •— � -..j CCS .Z.� �- -P � co CU }o 0) CCS o0 .00 . Co co am"Marm c ?, ao'(1) ��sQ.�c)c�c� pC o o ::3 Mao E no tri L- 0 � o ..� trS► o cu • o �- E ca 7 � a . Z M U �Los. O 0) cr) 0 O (nInsof •� �n C: Q E 4 -mg, cn Los , .,... O >- •— a) EQ- U)V'OwosC: E"Oss c ww"a (n (3)>1 E cCS0 women amoogo CZ �-- -�—' Ua. CCS 1-m-0 LL.�-" U c� :3 C) 4..0 E o �� O� 0 Lon p s......... �— CCS Do O � o �.— Cn ° N o 4... UL. cCS E mw�e 07 C: �, ,Q L _._., O CCS ,a ,o Cn o MAnna-1-aC0 -� c 0(j) C'� CCS �" CCS � 0) ,� -�-� -� E CZ cm %4..- c 'g -m- E a3 (n owns E i, C: c:CCS - = L. (1) a� s_ Q p O CCO CL L vz; 0 a mm" 0 V E L. L..... 4 -ma a) at:! 0.00CS . CD. a), CZ 0 o.CL O 0 OC). U n OG • 0 E 0 LW ---..i , , , , , FA to * x v FRO q �1 fl u V ro V ■ C CO � .N CP -- N — o Co co (1) -a (il) U U t� Q tib . •► 4) Qr.C6 (+-� ' L v CO C: •� � � � co UJ v cn 1 CO �► o, N .N tyv o U C1- � co �.+ o v o �° oar o CO C6 "�-o owon-N °� o s�O � - o CO CO o CV co to • o•��•V Cil o- CQ �, o "� � o- Z t� 0 CU o ccs CSS soi..'��. to ' o fl 1 „co cn -o CO a) �� coag o�- co CO CO o� � �• o c.7 tv c,7 a� c s 0 (n ._... ON= co E V; E m a UJ o co 0 sommis 0E o Q} Ct3 .OWNS O '. J (D 0(n ON. � L CO Qi CL.U � 0 �CL O ' KNOWo L) tJ 0 U.N. t.1 0 (1) 0 moom N T C o O o U Ca) CCI W 0 U Lvvi Alm y O CJ 0 Idw �W E 0 0 CD .N Al LE 5- 0 "7 s uj o co co CD T W o o � . .._. ,_...... --- aJ ..L ) '1^.vw'• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Accepting the Historic Sites Organizing Committee's Recommendations MEETING DATE: April 22, 2008 ■ Background: On September 12, 2006, City Council established the Historic Sites Organizing Committee to advise Council on governing the historic sites by either a board or foundation, and on the City's historic preservation activities. The committee reported to Council on April 4, 2007, and recommended the establishment of a private foundation for the historic houses. The committee again reported to Council on March 25, 2008 and recommended the establishment of a Historic Preservation Commission to advise Council and the Departments of Museums and Planning on all issues related to the preservation of historic buildings, structures and sites. ■ Considerations: At its briefing on March 25, 2008, the Committee offered Council six recommendations related to historic preservation. ■ Public Information: Public information and notification will be handled through the Council agenda notification process. ■ Attachments: Ordinance Requested by Councilmembers McClanan and Wilson REQUESTED BY COUNCILMEMBERS McCLANAN AND WILSON 1 A RESOLUTION ACCEPTING THE HISTORIC SITES 2 ORGANIZING COMMITTEE'S RECOMMENDATIONS 3 4 WHEREAS, the Virginia Beach City Council established a Historic Sites 5 Organizing Committee ("Committee") on September 12, 2006; and 6 7 WHEREAS, the purpose of the Committee was to advise Council on governing 8 the historic sites by either a board or a foundation, and to advise Council on the City's 9 historic preservation activities; and 10 11 WHEREAS, the Committee reported to City Council on April 4, 2007 and 12 recommended the establishment of a private foundation for the historic houses; and 13 14 WHEREAS, the Committee again reported to City Council on March 25, 2008 15 and recommended the establishment of a Historic Preservation Commission to advise 16 Council and the Departments of Museums and Planning on all issues related to the 17 preservation of historic buildings, structures, and sites in the City of Virginia Beach; and 18 19 WHEREAS, at its briefing on March 25, 2008, the Committee offered City Council 20 six recommendations related to historic preservation. 21 22 NOW, THEREFORE, LET IT BE RESOLVED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA THAT: 24 25 The City Council thanks the committee for its work and hereby accepts for 26 Council's consideration the six recommendations of the Historic Sites Organizing 27 Committee. Adopted by the City Council of the City of Virginia Beach, Virginia on this day of April, 2008. Approved as to Content: Department of Museums CA10682 March 26, 2008 R-2 Approved as to Legal Sufficiency: City Attorn 's Office . 7 4i 4y,,1y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Recognize the Contributions of the Citizens that Served on the Francis Land House Board of Governors and the Friends of the Francis Land House Executive Committee MEETING DATE: April 22, 2008 ■ Background: The Virginia Beach City Council established the Francis Land House Board of Governors in 1984 to advise Council on planning, policy and management of the Francis Land House historic house. City Council also provided for a volunteer membership organization to support the house. This was chartered as the Friends of the Francis Land House in 1986. In the ensuing two decades, members of these two bodies have collectively volunteered tens of thousands of hours to support the Francis Land House, and more recently, the Adam Thoroughgood House. On March 25, 2008, the City Council -appointed Historic Sites Organizing Committee recommended that Council adopt a resolution to thank the individuals who have served on the Francis Land House Board of Governors and the Friends of the Francis Land House. ■ Considerations: Many citizens have served on the Board of Governors or on the Executive Committee of the Friends during the past twenty years. A significant number of citizens have served in both capacities. The efforts of these citizen volunteers have helped to ensure the success and positive growth of the Francis Land House as a historical attraction and educational facility. With the addition of the Adam Thoroughgood House and the Lynnhaven House operations to the Department of Museums, changes are being made to the governance of the sites and the Francis Land House Board of Governors has been retired. Similarly, memberships for the three historic houses have been centralized as an administrative staff function, and the Friends of the Francis Land House have reorganized as the volunteer organization for the Francis Land House. Inconsideration of the dedication demonstrated by the individuals involved with each of these groups, it is appropriate at this time for City Council to issue a formal statement of appreciation. ■ Public Information: Public information and notification will be handled through the Council agenda notification process. ■ Attachments: Resolution, List of Members of the Francis Land House Board of Governors: 1984 — 2006, List of Members of the Executive Committee of the Friends of the Francis Land House: 1986 - 2006 Recommended Action: Adoption of the resolution Submitting Department/Agency: Department of Museums City ManagerC �— 1 A RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS 2 OF THE CITIZENS WHO SERVED ON THE FRANCIS 3 LAND HOUSE BOARD OF GOVERNORS AND THE 4 FRIENDS OF THE FRANCIS LAND HOUSE EXECUTIVE 5 COMMITTEE 6 7 WHEREAS, the Virginia Beach City Council created the Francis Land House 8 Board of Governors in 1984 to make recommendations to the City Council on all phases 9 of the planning, policy and management of the Francis Land House; and 10 11 WHEREAS, City Council amended the City Code in 1985 to provide for a 12 volunteer membership organization to help support the work of the Francis Land House 13 Board of Governors; and 14 15 WHEREAS, the Francis Land House Board of Governors assisted volunteers 16 and City staff in preparing the Francis Land House to open to the public on May 17, 17 1986: and 18 19 WHEREAS, the volunteer membership organization was chartered as the 20 Friends of the Francis Land House on May 18, 1986; and 21 22 WHEREAS, the Francis Land House Board of Governors worked closely with 23 volunteers and City staff to develop a vision for the future of the Francis Land House; 24 and 25 26 WHEREAS, the Friends of the Francis Land House successfully hosted 27 numerous fund raising events and projects, including the annual tradition of a November 28 Christmas Craft Faire; and 29 30 WHEREAS, the Francis Land House Board of Governors successfully hosted 31 numerous fund raising events; and 32 33 WHEREAS, the Francis Land House Board of Governors and the Friends of the 34 Francis Land House utilized their hard-earned funds to support the Francis Land House 35 through the purchase of antique and reproduction period furnishings, the acquisition of 36 interpretive displays and exhibit cases, the funding of important and significant research 37 projects, the financing of various historic preservation projects, and the development of 38 a site master plan; and 39 40 WHEREAS, the Francis Land House Board of Governors and the Friends of the 41 Francis Land House have directly supported the programs and events of the historic 42 house, including the annual signature event, Twelfth Night; and 43 44 WHEREAS, the Francis Land House Board of Governors and the Friends of the 45 Francis Land House embraced the addition of the Adam Thoroughgood House to the 46 operational responsibilities of City staff; and 47 WHEREAS, the Francis Land House Board of Governors and the Friends of the 48 Francis Land House have donated tens of thousands of hours collectively to support the 49 Francis Land House and the Adam Thoroughgood House; and 50 51 WHEREAS, the Francis Land House Board of Governors and the Friends of the 52 Francis Land House have been integral forces in the growth and success of the City's 53 operation of the historic house museum; and 54 55 WHEREAS, the Francis Land House Board of Governors and the Friends of the 56 Francis Land House are deserving of praise and thanks for their efforts from the City 57 Council and all of the citizens of the City of Virginia Beach. 58 59 NOW, THEREFORE, LET IT BE RESOLVED BY THE COUNCIL OF THE CITY 60 OF VIRGINIA BEACH, VIRGINIA THAT: 61 62 The City Council recognizes the invaluable contributions of the individuals who 63 served as mernbers of the Francis Land House Board of Governors and leaders of the 64 Friends of the Francis Land House, as well as the collective contributions of these two 65 organizations, and expresses its sincere appreciation and gratitude to the individuals for 66 their selfless dedication to Virginia Beach history and the historic houses; for the 67 donation of their time, talents and energies; for their assistance in initiating and growing 68 the Francis Land House historic house museum; and for their dedication to making the 69 Francis Land House and the Adam Thoroughgood House fine examples of good 70 stewardship by the City of Virginia Beach. Approved as to Content: Museums CA10680 March 21, 2008 R-2 Approved as to Legal Sufficiency: City Attorney's Office Francis Land House Board of Governors List 1984 - 2006 Jacob V. Aftel Gail A. Ball James R. Bergdoll Donna Brewer B. H. "Pat" Bridges K. Edwin Brown, Chairman Delores A. Burke Charles R. Burke, Chairman David Caldon Ann H. Callis Robert A. Callis, Jr., Chairman Bonnie Capito Christopher E. Caton Betty P. Cimmino Judith K. Connors Van H. Cunningham Sue F. Davis, Chairman Giles G. Dodd Nancy T. Jones DeFord Suzanne Duckworth Mary L. Edmondson Lynn G. Farrell Thomas A. Felton Barbara J. Ferguson James N. Fletcher Gary S. Forrest, Chairman Richard S. "Dickie" Foster Donald M. Fraser John Hodgson Bradley Hunt Jo6a K. Jean Christine Jennings Bobby J. Jenkins, Chairman Burletine D. Karlen Glenda H. Knowles Paul G. Lankford Eugene P. Lanning Daniel Z. Lepow Mildred W. "Millie" McGuire Reba McClanan, Chairman Otho F. Mears III Johnnie S. Miller Sandra J. Miller Freddi Moody Mellie Rose Moore MaryAnne Nixon, Chairman Joseph J. Owens, Jr., Chairman Elizabeth H. Parker Karen Renda Theresa Rohm Molly Rueger Richard E. Rumble Mary C. Russo, Chairman Karl Schwartz III Fay Silverman James A. Stick J. Robert Stiffler B. Bruce Taylor Fielding L. Tyler Beulah Thorp Cecilia Vail Nonie W. Waller Sarah E. Ward Betty L. Warren Dorothy M. Wells Janet F. Werndli Lois S. Williams Ros R. Willis George Zocco Friends of the Francis Land House Executive Committee List 1986 - 2006 Elsie Barnett Catherine Burke Charles R. Burke Pat Colby Judith K. Connors, Chairman Wanda Crabtree Sandra Craig Glenda H. Knowles, Chairman Paul G. Lankford, Chairman Reba McClanan, Chairman/President Joseph McGrenra Johnnie S. Miller, Chairman Kaye Mitchell Mellie-Rose Moore MaryAnne Nixon, President Karen Renda, President Doris Seymour Sue Smith Susie Sumnick George Taylor Joyce Taylor, President Buelah Thorpe Carole Turner William Wemdli, President 011ie Whipple Elaine Yagen Lillian Youell a •1 .JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the purchase of approximately 21,000 square feet of property located at 305 21 st Street in the City of Virginia Beach from Herbert A. Holt, III (McDonald's Property) MEETING DATE: April 22, 2008 ■ Background: Herbert A. Holt, III has expressed an interest in selling 21,000 square feet (0.48 acres) of land and improvements thereon located at 305 21s' Street to the City of Virginia Beach. ■ Considerations: The City has identified Mr. Holt's property as a strategic site for potential development at the Oceanfront. The property is currently leased to and operated by McDonald's Corporation (the "Tenant") and that lease could be extended by the Tenant until March 18, 2016. The City has pursued the acquisition of the fee simple interest in the property, funded from Various Site Acquisitions, CIP 3-368, and has reached an agreement with the owners to buy the property for $1,300,000. The property is located on the southeast corner of the intersection of Pacific Avenue and 21St Street in Virginia Beach, Virginia, and is operated as a McDonald's Restaurant. Council is also being asked to consider, in a separate agenda item, the purchase of the adjoining 7,000 square foot lot also leased to McDonald's for the parking for the restaurant. The lease on the 7,000 square foot parcel can also be extended March 2016. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the acquisition as presented or deny the acquisition. ■ Recommendations: Approve the acquisition as set forth in the attached Summary of Terms. ■ Attachments: Ordinance, Location Map and Summary of Terms Recommended Action: Submitting Department/Agency City Manager. Approval of the Ordinance. Public Works/Real Estate 1 AN ORDINANCE TO AUTHORIZE THE PURCHASE OF 2 APPROXIMATELY 21,000 SQUARE FEET OF PROPERTY 3 LOCATED AT 305 21ST STREET IN THE CITY OF 4 VIRGINIA BEACH FROM HERBERT A HOLT, III, 5 (MCDONALD'S PROPERTY) 6 7 WHEREAS, Herbert A. Holt, III ("Holt") owns approximately 21,000 square feet of 8 real property located at 305 21St Street, in the City of Virginia Beach, Virginia (the 9 "Property"); 10 11 WHEREAS, Holt desires to sell the Property to the City of Virginia Beach (the 12 "City"); 13 14 WHEREAS, the City has identified the Property as a strategic site for potential 15 development at the Oceanfront; 16 17 WHEREAS, the Property is currently leased to and operated by McDonald's 18 Corporation (the `Tenant"), and that lease could be extended by the Tenant until March 19 18, 2016; 20 21 WHEREAS, funding for this acquisition is available in the Various Site 22 Acquisition CIP account (CIP 3-368). 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 1. That the City Council authorizes the acquisition of the Property by 28 purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which 29 Property is generally identified as GPIN 2427-18-1343 and shown as the "Holt" property 30 on Exhibit A attached hereto. 31 32 2. That the City Manager or his designee is further authorized to execute all 33 documents that may be necessary or appropriate in connection with the purchase of the 34 Property, so long as such documents are in accordance with the Summary of Terms 35 attached hereto, and such other terms and conditions deemed necessary and sufficient 36 by the City Manager and in a form deemed satisfactory by the City Attorney. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 38 of , 2008. CA10553 V:\applicati ons\c itylawprod\cycom32\Wpdocs\D023\P002\00039067. DOC R-1 April 15, 2008 APPROVED AS TO CONTENT- Ii ONTENT: lic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office SUMMARY OF TERMS An Ordinance to authorize the purchase of approximately 21,000 square feet of property located at 305 21 st Street in the City of Virginia Beach from Herbert A. Holt, III (McDonald's Property) OWNER: BUYER: ZONING: AICUZ: SALE PRICE: SOURCE OF FUNDS: SETTLEMENT DATE: SPECIAL TERMS AND CONDITIONS: Herbert A. Holt, III City of Virginia Beach RT -3 65-70 dB DNL $1,300,000 at Settlement by check. CIP-3-368— Various Site Acquisitions On or before thirty (30) days after acquisition is authorized by Council. • Property shall be conveyed subject to a ground lease to McDonald's Corporation (the "Lease"). At the option of McDonald's, the Lease could be extended until March 18, 2016. Other than the Lease, the Property must be conveyed free and clear of all leases, tenancies and rights of possession of an,y and all parties other than the City. • Council is also being asked to consider the acquisition of the adjoining 7000 square foot parcel, also leased to McDonald's and used as parking for McDonald's. The purchase price for the second parcel is $495,000. • Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. • City shall bear all other costs of closing. V \applications\citylawprod\cycom32\Wpdocs\D023\P002\00039068 DOC N F� I A-Mll� A www_. 1, wil)ml EXHIBIT A 1�- LLI LLI ui LLI CO) C) IL Cl 04 Q 00 00 11 Z 0 Z 0 r-. N I* Cl*4 LLI 4 Z 0 C.) Cf) Z 0 LU Ir LLJ 0 I -- CO) 0 x I A-Mll� A www_. 1, wil)ml EXHIBIT A /1 'ter. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the purchase of approximately 7,000 square feet of property located at 300 21 st Street in the City of Virginia Beach from Mildred B. Stormont (McDonald's Parking Lot Property) MEETING DATE: April 22, 2008 ■ Background: Mildred B. Stormont has expressed an interest in selling 7,000 square feet (0.16 acres) of land and improvements thereon located at 300 21St Street to the City of Virginia Beach. ■ Considerations: The City has identified Mrs. Stormont's property as a strategic site for potential development at the Oceanfront. The property is currently leased to and operated by McDonald's Corporation (the "Tenant") and that lease could be extended by the Tenant until March 18, 2016. The City has pursued the acquisition of the fee simple interest in the property, funding from Various Site Acquisitions, CIP 3-368, and has reached an agreement with the owners to buy the property for $495,000. The property is located on the southeast corner of the intersection of Pacific Avenue and 21St Street in Virginia Beach, Virginia, and is operated as a parking lot for a McDonald's Restaurant. Council is also being asked to consider, in a separate agenda item, the purchase of the adjoining 21,000 square foot lot also leased to McDonald's for the restaurant. The lease on the 21,000 square foot parcel can also be extended March 2016. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the acquisition as presented or deny the acquisition. ■ Recommendations: Approve the acquisition as set forth in the attached Summary of Terms. ■ Attachments: Ordinance, Location Map and Summary of Terms Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate AM City Manager. 4�b2" 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AUTHORIZE THE PURCHASE OF APPROXIMATELY 7,000 SQUARE FEET OF PROPERTY LOCATED AT 300 21ST STREET IN THE CITY OF VIRGINIA BEACH FROM MILDRED B. STORMONT, (PARKING LOT FOR MCDONALD'S PROPERTY) WHEREAS, Mildred B. Stormont ("Stormont") owns approximately 7,000 square feet of real property located at 300 21St Street, in the City of Virginia Beach, Virginia (the "Property"); WHEREAS, Stormont desires to sell the Property to the City of Virginia Beach (the "City"); WHEREAS, the City has identified the Property as a strategic site for potential development at the Oceanfront ; WHEREAS, the Property is currently leased to and operated by McDonald's Corporation (the "Tenant"), and that lease could be extended by the Tenant until March 18, 2016; WHEREAS, funding for this acquisition is available in the Various Site Acquisitions CIP account (CIP 3-368). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the acquisition of the Property by purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is generally identified as GPIN 2427-18-1128 and shown as the "Stormont" property on Exhibit A attached hereto. 2. That the City Manager or his designee is further authorized to execute all documents that may be necessary or appropriate in connection with the purchase of the Property, so long as such documents are in accordance with the Summary of Terms attached hereto, and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 38 2008. CA -10552 V:\applications\citylawprod\cycom32\Wpdocs\D023\P002\00039067.DOC R-1 April 15, 2008 APPROVED AS TO CONTENT- s4i-�A C. f2ublic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENC City ttorney's Office day of SUMMARY OF TERMS An Ordinance to authorize the purchase of approximately 7,000 square feet of property located at 300 21st Street in the City of Virginia Beach from Mildred B. Stormont (Parking Lot -McDonald's Property) OWNER: BUYER: ZONING: AICUZ: SALE PRICE: SOURCE OF FUNDS: SETTLEMENT DATE: SPECIAL TERMS AND CONDITIONS: Mildred B. Stormont City of Virginia Beach RT -3 65-70 dB DNL $495,000 at Settlement by check. CIP-3-368— Various Site Acquisitions On or before thirty (30) days after acquisition is authorized by Council. • Property shall be conveyed subject to a ground lease to McDonald's Corporation (the "Lease"). At the option of McDonald's, the Lease could be extended until March 18, 2016. Other than the Lease, the Property must be conveyed free and clear of all leases, tenancies and rights of possession of any and all parties other than the City. • Council is also being asked to consider the acquisition of the adjoining 21,000 square foot parcel, also leased to McDonald's and used as parking for McDonald's. The purchase price for the second parcel is $1,300,000. • Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. 0 City shall bear all other costs of closing. :CL 1#1 110 WE NORM -1700 M—' 'ad OS jr 0 )kl 1p op—MI� M Rm -MMM EXHIBIT A x 0 m m 0 M z 0 lu z Z 0 0 m yvQ,y0 0 eco z z CD SD C6 T 00 CO ti m m CO m m -4 M—' 'ad OS jr 0 )kl 1p op—MI� M Rm -MMM EXHIBIT A a�tHu °Etc 4: gzr> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of city owned Property known as Lake Joyce and a 25' strip of property around Lake Joyce located at the rear of 4433 Blackbeard Road, by Richard P. Mitchell and Marilyn B. Mitchell. MEETING DATE: April 22, 2008 ■ Background: Richard P. Mitchell and Marilyn B. Mitchell have requested permission to construct and maintain a proposed pier access walkway, proposed 8000 pound low profile boat lift and to maintain an existing wood pier, existing wood bulkhead, and timber piles upon the City's property known as Lake Joyce and a 25' strip of property around Lake Joyce located at the rear of 4433 Blackbeard Road. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce, which is where Richard P. Mitchell and Marilyn B. Mitchell have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager:< K-- 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY OWNED 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND A 25' STRIP OF PROPERTY 8 AROUND LAKE JOYCE LOCATED AT 9 THE REAR OF 4433 BLACKBEARD 10 ROAD BY RICHARD P. MITCHELL 11 AND MARILYN B. MITCHELL 12 13 WHEREAS, Richard P. Mitchell and Marilyn B. Mitchell desire to construct and 14 maintain a proposed pier access walkway, proposed 8000 pound low profile boat lift and 15 to maintain an existing wood pier, existing wood bulkhead and timber piles upon a 16 portion of the City's property known as Lake Joyce and a 25' strip of property around 17 Lake Joyce, located at the rear of 4433 Blackbeard Road, in the City of Virginia Beach, 18 Virginia. 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Richard P. Mitchell and 28 Marilyn B. Mitchell, their heirs, assigns and successors in title are authorized to 29 construct and maintain temporary encroachments for a proposed pier access walkway, 30 proposed 8000 pound low profile boat lift and to maintain an existing wood pier, existing 31 wood bulkhead and timber piles in a portion of the City's property as shown on the map 32 marked Exhibit "A" and entitled: "Proposed Boat Lift, Project Location: 4433 Black 33 Beard Road Virginia Beach, VA 23455, Applicant: Richard & Marilyn Mitchell 4433 34 Black Beard Road Virginia Beach, VA 23455", a copy of which is on file in the 35 Department of Public Works and to which reference is made for a more particular 36 description; and 37 38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Richard P. Mitchell and Marilyn B. Mitchell (the "Agreement"), 41 which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 44 is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 47 time as Richard P. Mitchell and Marilyn B. Mitchell and the City Manager or his 48 authorized designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 of '2008. CA -10564 X:\OID\REAL ESTATE\EncroachmentslPW Ordinances\CA10564 Mitchell Ordinance-Final.doc V'\applications lcitylawprod\cycom32\W pdocs\D031\P002\00052699.DOC R-1 PREPARED: 3/07/08 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM BLIC WORKS, REAL ESTATE CIV ATTORNEY L PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 11th day of February, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD P. MITCHELL and MARILYN B. MITCHELL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot Nineteen (19)" as shown on that certain plat entitled: "Subdivision No. 1 Baylake Pines Princess Anne County, VA Scale: 1"=100' February, 1954" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4433 Blackbeard Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed pier access walkway, proposed 8000 pound low profile boat lift and to maintain an existing wood pier, existing wood bulkhead and timber piles, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN 1570-80-2438 (25' City Strip & Lake Joyce) 1479-79-5283 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and a 25' strip of property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED BOATLIFT, PROJECT LOCATION: 4433 BLACKBEARD ROAD VIRGINIA BEACH, VA 23455, APPLICANT RICHARD & MARILYN MITCHELL 4433 BLACKBEARD ROAD VIRGINIA BEACH, VA 23455" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants - (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that: it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 0 Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Richard P. Mitchell and Marilyn B. Mitchell, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of _, 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, On its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of _, 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) R and P. Mitchell Marilyn B. Mitchell STATE OF CITY/COUNTY OF VI'Mfnia BeACOW, to -wit: (i The foregoing instrument was acknowledged before me this - I I day of FWznL&n , 2008, by Richard P. Mitchell. Notary Registration Number: - jqr0401 My Commission Expires: STATE OF CITY/COUNTY OF to -wit: Notary Public y Co!WCPN VIVEAL'--"� 17,-,`,V:'� my The foregoing instrument was acknowledged before me this ti day of FebrU-&!M 2008, by Marilyn B. Mitchell. 11 Notary Public v Notary Registration Number: My Commission Expires lq%40-7 Z LL L>4 31, QD I I 7 APPROVED AS TO CONTENTS NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PYH RIT A PROPOSED 8000 LB. _ LOW PROFILE BOAT LIFT LAKE JOYCE (INSTALLED PER MANUFACTURERS VIRGIGNNIA BEACH)) ovaByCITYINSTRUCTIONS) EXIST VV OOD CO �c BULKHEAD f e' ., , - .-----__ �-_TIMBER Pttl=S- _ ._ 72'� rte% .•.. EXIST. WOOD PIER. _25 STRIP C NNERSHIP = -_ �d?'S'0�•Ylfil,;tN1ABEACi � � �'-- �`--�1 15 RiPA11AN BUFFER ZONE NG NOTES THIS SHEET ` ---TOP OF SLOPE -- - = PIERACCESSNALKWAY TORE INSt ME" FR. & BRK — `- -- - SHED LOT 19 - SLK -1 LOT 18 � , X1:69' I• SCREEN I; 4M LOT 20 Q,. fl 5269' 13.55 J: 1` L APO Y 4429 BLACK BEARD ROAD VIRGINIA BEACH, VA23455 STEPSTO — BASEMENT J - o PLANnNG NOTES: 1. THE FOLLDVNNG SPECIES TO BE PLANTED A. SOUi1-IERN.ARROMODTREES (6) B. FOTHE'RGILLASHRUBS (121 C. PINKTERBLOOMAZALEA SHRUBS (13) 2 TREES AND SH RUBS TO BE PLANTED AT60.C, 3. BUFFER -ZONE TO BE MULCHED WITH HARDWOOD WLCH AND CONTINUOUSLY MAINTAINED - ,- - - Proposed encroachment for an existing pier and a proposed boat lift. �._. � , X1:69' I• SCREEN I; 4M LOT 20 PORCH' 5269' 13.55 t" ' #4433 I=STY. FR. & SRK j I i V w BASEMENT ._._1.95 _ 48:68' ± f _ � ,:.. -'ill\.� �►� .. '+ No. 18335 I .. r.' ' x'da",ON AL E�G� A = 77.41' .. ! }aF .. ;._I BLACK BEARD ROAD /I -. {50' RI1/V) PROPOSED SITE PLAN SCALE: 1" = 3a PROPOSED BOAT LIF T PROJECT LOCATION: 4433 BLACK BEARD ROAD VIRGINIA BEACH, VA 23455 PLpP (CANT: RICHARD & MARILYN MITCHELL 4433 BLACK BEARD ROAD VARGIMABEACH, VA23455 Prepared by P.W./Eng./Eng. Support Services Bureau 8/22/06 X:1Projects\ARC Files\Agenda Maps\... Perriello.mxd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Croatan Beach by James J. Perriello and Janet L. Perriello MEETING DATE: April 22, 2008 ■ Background: James J. Perriello and Janet L. Perriello have requested permission to construct and maintain a walkway and deck platform for beach access on a portion of the City's property known as Croatan Beach, located at the rear of 516 S. Atlantic Avenue, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments located across the dunes at Croatan Beach. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, agreement, plat and location map. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Y4 City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS CROATAN 7 BEACH BY JAMES J. PERRIELLO 8 AND JANET L. PERRIELLO 9 10 11 WHEREAS, James J. Perriello and Janet L. Perriello, desire to construct and 12 maintain a walkway and deck platform upon a portion of City property known as Croatan 13 Beach, located at the rear of 516 S. Atlantic Avenue, Virginia Beach, Virginia. 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, James J. Perriello and Janet 23 L. Perriello, their heirs, assigns and successors in title are authorized to construct and 24 maintain temporary encroachments for a walkway and deck platform on a portion of the 25 City's property as shown on the map marked Exhibit "A" and entitled: 'Walkway and 26 Platform Design Specifications — 516 S. Atlantic Avenue" a copy of which is on file in the 27 Department of Public Works and to which reference is made for a more particular 28 description; and 29 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and James J. Perriello and Janet L. Perriello (the "Agreement"), 33 which is attached hereto and incorporated by reference; and 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 36 is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as James J. Perriello and Janet L. Perriello and the City Manager or his authorized 40 designee execute the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 day of _ , 2008. CA -10107 X:\OID\REAL ESTATE1Encroachments\PW Ordinances\CA10107 Pemello-2e° Revision.doc V:\appl i cations\citylawprodlcycom32\W pdocs\D028\P003\00052539. DOC R-2 PREPARED: 3/28/08 APPROVED AS TO CONTENTS I � �. �,, c , �, sA" i64GNATURE pl; RFA I EF - DEPARTMENT APPROVED AS TO LEGAL FFICIENCY AND FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this� day of , 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES J. PERRIELLO AND JANET L. PERRIELLO, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B, Block 29", as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 4, 5, 6, 14, 15 & 16 BLOCK 29 RESUBDIVISON OF PART OF CROATAN BEACH M.B. 37 P. 11 VIRGINIA BEACH, VIRGINIA SCALE 1" = 20' NOVEMBER 25, 1998," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 274, at page 77, and being further designated, known, and described as 516 S. Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a walkway and deck platform, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2427-30-4791 (CITY PROPERTY GPIN: 2427-30-8604) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at the rear of 516 S. Atlantic Avenue known as Croatan Beach, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "Walkway and Platform Design Specifications — 516 S. Atlantic Avenue," a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and the Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 11, is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as 3 additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the F11 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per clay for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James J. Perriello and Janet L. Perriello, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed -in its names and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) .-7 aures erriello et L. Perriello STATE OF Vir9intc. CITY/eeb4FT,F6F The foregoing instrument was acknowledged before me this day of ri k 2008, by James J. Perriello and Janet L. Perriello. They are personally known to me or they have produced Yiv-ain%a. Driver� Liccn:�eas 11 identification. Notary Registration Number: g q&7Q3 My Commission Expires: O(o�� fop$ APPROVED AS TO CONTENTS . &IS GNATURE Kcr.Ai Fit DEPARTMENT 7 IL • "'�� N ary Public :Q_20 YP�BI�G�,C nor _ COMMISSION n : NUMBER '•• 286723 :? .•4 APPROVED AS TO LEGAL SUFFICIENCY AND FORM Q EXHIBIT "A" • 1 Q .. E i J .D •l E � E t � 7 0 p C U i J .D •l E � E t � 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,600,000 of Fund Balance from the Central Business District -South Tax Increment Financing Fund to Provide Partial Funding for the Purchase of the Block 7 Garage, Westin Conference Center, and the Block 7 Pedestrian Bridge in the Central Business District MEETING DATE: April 22, 2008 ■ Background: Planned funding sources for the acquisition of the Block 7 Garage, the Westin Conference Center and the Block 7 Pedestrian Bridge include the Public Facility Revenue Bonds, which were issued in June 2007, and up to $1,600,000 in cash financing. The cash financing portion of the acquisition was scheduled from reserves available in the Central Business District -South Tax Increment Financing ("CBD TIF") Fund. Funds are available in the CBD TIF Fund's undesignated fund balance for this appropriation leaving a projected balance of $4,558,820 remaining after the proposed appropriation and receipt of the anticipated cash funding. ■ Considerations: The attached ordinance provides for an appropriation of funds from the CBD TIF Fund to support the referenced acquisitions. The recommended appropriations will not adversely impact the ability of the CBD TIF Fund to support Phase IV of the Town Center project. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager: Finance Department 1 AN ORDINANCE TO APPROPRIATE $1,600,000 OF FUND 2 BALANCE FROM THE CENTRAL BUSINESS DISTRICT - 3 SOUTH TAX INCREMENT FINANCING SPECIAL 4 REVENUE FUND TO PROVIDE PARTIAL FUNDING FOR 5 THE PURCHASE OF THE BLOCK 7 GARAGE, WESTIN 6 CONFERENCE CENTER, AND THE BLOCK 7 7 PEDESTRIAN BRIDGE IN THE CENTRAL BUSINESS 8 DISTRICT 9 10 WHEREAS, to reduce the amount of debt financing for the City's share of 11 infrastructure improvements in Block 7 of the Central Business District, it is necessary to 12 appropriate $1,600,000 of fund balance from the Central Business District -South Tax 13 Increment Finarcing Special Revenue Fund. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That $1,600,000 of fund balance from the Central Business District -South Tax 19 Increment Financing Special Revenue Fund is appropriated for the purchase of the 20 Block 7 Garage, Westin Conference Center, and the Block 7 Pedestrian Bridge in the 21 Central Business District. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day 24 of , 2008. APPROVED AS TO CONTENT: 0wit')0, V��, Management Services CA10689 R-1 April 11, 2008 APPROVED AS TO LEGAL SUFFICIENCY: Cit Attorney's Office r,pG A��C1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $189,256 of State Revenues to the Clerk of the Circuit Court's FY 2007-08 Operating Budget as a Result of an Increase in the State Salary Base MEETING DATE: April 22, 2008 ■ Background: The Clerk of the Circuit Court receives funding for salaries and fringe benefits from their state budget through the State Compensation Board. This past December 2007, the state budget allowed a 4% salary increase, which totals $189,256 for salaries and fringe benefits for the Virginia Beach Circuit Court Clerk's Office. This increase was not included in the City's FY 2007-08 Operating Budget. ■ Considerations: This appropriation will not require any additional funding from the City and will be offset with increased State revenues. ■ Public Information: Public information will be handled through the normal Council agenda process. IN Alternatives: Not appropriating the funding will result in the loss of State revenues. ■ Recommendations: Accept and appropriate $189,265 of State revenues to the Clerk of the Circuit Court's operating budget. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: �,�a� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $189,256 OF STATE REVENUES TO THE CLERK OF THE 3 CIRCUIT COURT'S FY 2007-08 OPERATING BUDGET AS 4 A RESULT OF AN INCREASE IN THE STATE SALARY 5 BASE 6 7 WHEREAS, the State Compensation Board has provided a 4% increase in 8 the salary base of positions in the Clerk of the Circuit Court's Office, which equals 9 $189,256 for salaries and fringe benefits for FY 2007-08. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: That $189,256 of state revenues is accepted and 13 appropriated to the Clerk of the Circuit Court's FY 2007-08 operating budget as a result 14 of an increase in the State salary base. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 17 day of _ 2008. APPROVED AS TO CONTENT: ,9 -- Management Services CA10686 R-1 April 8, 2008 APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Lyndon S. Remias to the Position of City Auditor and Establishing the Effective Date for the Prior City Council Ordinance that Created the Office of the City Auditor MEETING DATE: April 22, 2008 ■ Background: On December 11, 2007, in order to ensure the independence of the City's auditing function, City Council adopted an ordinance that created the Office of the City Auditor, to be led by a City Council -appointed City Auditor. This will be the fifth established City Council Appointee. On February 12, 2008, City Council indefinitely extended the effective date of that ordinance pending appointment of the City Auditor. City Council conducted a nationwide search for candidates, and during its April 8 meeting, Council interviewed the two finalists for the position. ■ Considerations: The attached resolution appoints Lyndon S. Remias as City Auditor, effective May 15, 2008. His salary will be $96,000, and his annual car allowance will be $6000. The resolution also provides that the effective date of the ordinance that created the Office of City Auditor shall be May 15, 2008. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by: City Council 1 A RESOLUTION APPOINTING LYNDON S. REMIAS TO THE 2 POSITION OF CITY AUDITOR AND ESTABLISHING THE 3 EFFECTIVE DATE FOR THE PRIOR CITY COUNCIL 4 ORDINANCE THAT CREATED THE OFFICE OF THE CITY 5 AUDITOR 6 WHEREAS, on December 11, 2007, City Council adopted An Ordinance Amending 7 City Code Sections 2-465 to 2-468 and Adding Sections 2-469 to 2-477 to Create the 8 Office of the City Auditor and to Abolish the Department of Audit Services ("Ordinance 9 #3005"); 10 11 WHEREAS, the effective date of the ordinance was February 16, 2008; and 12 13 WHEREAS, on February 12, 2008, City Council adopted a resolution that 14 indefinitely extended the effective date of City Council Ordinance #3005 until such time as 15 City Council appoints the new City Auditor. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH: 19 20 1. That Lyndon S. Remias is hereby appointed to the position of City Auditor, 21 effective May 15), 2008. 22 23 2. That his annual salary shall be $96,000, and his annual car allowance shall 24 be $6,000. 25 26 3. That the effective date of City Council Ordinance #3005 shall be May 15, 27 2008. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's O i e CA -10688 R-3 April 12, 2008 K. PLANNING Application of GRACE BIBLE CHURCH for the discontinuance, closure and abandonment of an unimproved right-of-way (Pritchard Road) at Ansol Lane. DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 2. Variance to certain elements of the Subdivision Ordinance requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill Dam Landing Associates, L.L.C. at 4949 Lookout Road (Lake Bradford and Chubb Lake) re subdividing three (3) existing lots into four (4) lots to develop a single-family dwelling on each of the newly created lots. DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 3. Application of KATHLEEN D. RENFRO for a Conditional Use Permit re a horse riding academy (lessons for beginner -level riders) at 3940 Dawley Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of EVELYN'S WILDLIFE REFUGE for a Conditional Use Permit re a wildlife outdoor rehabilitation facility at 2633 Highland Drive. DISTIRCT 1 — CENTERVILLE RECOMMENDATION APPROVAL 5. Application of ASSI HOUSE, INC., for a Modification of Conditions to a Conditional Use Permit (approved by City Council on December 12, 1988) at 4853 Princess Anne Road re construction of a dwelling to provide a nondenominational, supervised, residential facility for no more than eight (8) adults with mild to moderate retardation. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of VALUE PLACE REAL ESTATE SERVICES, L.L.C., for the Modification of Proffers to proposed uses and development plans re a Conditional Change of Zoning from AG -1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District (approved by City Council on April 22, 2003 and Deferred April 22, 2008) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 — PRINCESS ANNE APPLICANT REQUESTS INDEFINITE DEFERRAL 7. Application of WELDENFIELD OF VIRGINIA, L.L.C. for a Change of Zoning from I-1 Light Industrial District, R-51) Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD -H2 Overlay re developing sixty-nine (69) single-family dwellings and eighty-one (8 1) townhomes at Regent University Drive and Jake Sears Road. DISTRICT I — CENTERVILLE RECOMMENDATION DEFERRAL TO MAY 13, 2008 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April 22, 2008, at 6:00 p.m. The following applications will be heard: DISTRICT 2 - KEMPSVILLE Assisi House, Inc. Application: Modification of Conditions for a Conditional Use Permit (approved by City Council on December 12, 1988) at 4853 Princess; Anne Road (GPIN 14760644640000). AICUZ is Less; than 65 dB Ldn. DISTRICT 1- CENTERVILLE Evelyn's Wildlife Refuge Application: Conditional Use Permit for wildlife rehabilitation at 2633 Highland Drive` (GPIN 1484025578). Weldenfield of Virginia, L.L.C. Application: Change of Zoning District Classification from 1-1 Light Industrial,: R -5D Residential Duplex and 0.2 Office to Conditional' R-7.5 Residential with a PD -H2 Overlay at Regent University Drive and Jake Sears Road (GPINs i 1455571149; part of 1455666408). DISTRICT 4 - SAYSIDE Appeal to Decisions of Administrative Officers in regard' to certain elements of the Subdivision Ordinance, I Subdivision for Mill Dam Landing Associates, L.L.C., at' 4949 Lookout Road (GPINs 1570329366; 1570420587; 1570420690). AICUZ is Less than 65 dB; Ldn. i 9 DISTRICT 7 - PRINCESS ANNE Kathleen D. Renfro Application: Conditional Use Permit for a riding academy (lessons) at 3940 Dawley Road (GPIN 2411374524). I All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbgoy.com/uc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon April 6 & 13, 2008 18498750 91 92 93 94 95 96 97 98 99 100 101 102 103 104 is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. SECTION IV A certified copy of this Ordinance shall the Clerk's Office of the Circuit Court of the City Beach, Virginia, and indexed in the name of the CITY BEACH as "Grantor" and A. Ray MEGGINSON, Trustee for CHURCH as `Grantee." be filed in of Virginia OF VIRGINIA GRACE BIBLE Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th day of April , 2007. CA10178 V :\app licationsk itylawprod�cycom32lWpdoes\DO21 %P002\00030178. DOC R-1 Date: March 26, 2007 3 APPROVED AS TO LEGAL SUFFICIENCY: - kl� rj. tuA-ki City Attorney 96 SECTION II 47 48 The following conditions must be met on or before one 49 (1) year from City Council's adoption of this ordinance: 50 51 1.. The City Attorney's Office will make the final 52 determination regarding ownership of the underlying fee. The 53 purchase price to be paid to the City shall be determined 54 according -to the "Policy Regarding Purchase of City's Interest 55 in Streets Pursuant to Street Closures," approved by City 56 Council. Copies of said policy are available in the Planning 57 Department. 58 59 2. The applicant shall resubdivide the property and 60 vacate internal lot lines to incorporate the closed area into 61 the adjoining parcels. The resubdivision plat shall be 62 submitted and approved for recordation prior to final street 63 closure approval. 64 65 3. The applicant shall verify that no private 66 utilities exist within the right-of-way proposed for closure. 67 Preliminary comments from the utility companies indicate that 68 there are no private utilities within the right-of-way proposed 69 for closure. If private utilities do exist, the applicant shall 70 provide easements satisfactory to the utility companies. 71 72 4. Closure of the right-of-way shall be contingent 73 upon compliance with the above stated conditions within one (1) 74 year of approval by City Council. If all conditions noted above 75 are not in compliance and the final plat is not approved within 76 one (1) year of the City Council vote to close the street, this 77 approval will be considered null and void. 78 79 SECTION III 80 81 1. If the preceding conditions are not fulfilled on 82 or before .April 23, 2008, this Ordinance will be deemed null and 83 void without further action by the City Council. 84 85 2. If all conditions are met on or before April 23, 86 2008, the date of final closure is the date the street closure 87 ordinance is recorded by the City Attorney. 88 89 3. In the event the City of Virginia Beach has any 90 interest in the underlying fee, the City Manager or his designee 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET DESIGNATED AND DESCRIBED AS "12' ROAD TO BE CLOSED 4,773 SF, 0.110 AC." AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT `A' SHOWING 12' ROAD CLOSURE, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" WHEREAS, A. Ray Megginson, Trustee for Grace Bible Church applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "12' ROAD TO BE CLOSED 4,773 SF, 0.110 AC." shown as the cross -hatched area on that certain plat entitled: "EXHIBIT 'A' SHOWING 12' ROAD CLOSURE LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" Scale: 1" = 100', dated January 22, 2007, prepared by Engineering Services, Inc., a copy of which is attached hereto as Exhibit A. 45 GPIN: 1497-13-5862, 1497-13-8854 nson, Trustee 70, p C'Ftt n 54 fl .. rbiap H--7 CO r b v L ! ^ D ?.5 'street Closure Granted munications tower Granted CUP wireless com Denied 02126102 CUP church TQ A-2 2 04111188 CHANGE OF Z ONING R-6 3 04107186 ZONpNG HISTORY CE BIBLE CHURCH 1 Agenda Item 1 GRA page 5 ? z» zz CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying conditions in the matter of closing, vacating and discontinuing a portion of that certain street designated and described as "12' ROAD TO BE CLOSED 4,773 SF, 0.110 AC." as shown on that certain plat entitled "EXHIBIT `A' SHOWING 12' ROAD CLOSURE, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA". DISTRICT 3 — ROSE HALL MEETING DATE: April 22, 2008 ■ Background: On April 24, 2007, City Council approved the closure of a 12 -foot wide, unimproved street (Pritchard Road) that runs in a northerly direction from the terminus of Ansol Lane to an abandoned railroad right-of-way owned by the Norfolk Southern Corporation. The applicant, A. Ray Megginson, Trustee for Grace Bible Church, intends to incorporate the closed right-of-way with its adjoining property where it proposes to build a church. ■ Considerations: There were four conditions to the approval: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved Grace Bible Church Page 2 of 2 within one (1) year of the City Council vote to close the street, this approval will be considered null and void. The applicant has worked to satisfy the conditions but requires additional time to complete satisfaction of conditions 2 and 4. Staff concludes that the request for additional time is reasonable. ■ Recommendations: Allow an extension of 90 days for satisfaction of the conditions. ■ Attachments: Staff Review from 2007 Location Map Disclosure Statement Ordinance Recommended Action: Staff recommends approval of ordina ce granting a 90 day extension. Submitting Department/Agency: Planning Department City Manager 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A 4 PORTION OF THAT CERTAIN STREET 5 DESIGNATED AND DESCRIBED AS "12' ROAD TO 6 BE CLOSED 4,773 SF, 0.110 AC." AS SHOWN ON 7 THAT CERTAIN PLAT ENTITLED "EXHIBIT `A' 8 SHOWING 12' ROAD CLOSURE, LYNNHAVEN 9 BOROUGH, VIRGINIA BEACH, VIRGINIA" 10 11 WHEREAS, on April 24, 2007, the Council of the City of Virginia Beach 12 acted upon the application of A. Ray Megginson, Trustee for Grace Bible Church for the 13 closure of a 12' road as shown on Exhibit "A"; 14 15 WHEREAS, on April 24, 2007 the Council adopted an Ordinance to close 16 the aforesaid street, subject to certain conditions being met on or before April 23, 2008; 17 and 18 19 WHEREAS, on April 15, 2008, the applicant requested an extension of 20 time to satisfy the conditions attached to the aforesaid street closure. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 That the date for meeting conditions of closure as stated in the Ordinance 26 adopted on April 24, 2007, upon application of A. Ray Megginson, Trustee for Grace 27 Bible Church, is extended to July 23, 2008. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this 30 day of , 2008. 31 32 GPIN: 1497-13-5862,1497-13-8854 CA -10571 V:lapplicationsldtylawprodlcywm321W pdocs1D015\P003100054194. DOC R-1 April 15, 2008 APPROVED AS TO CONTENT: Planning APPROVED AS TO LEGAL SUFFICIENCY: City Attorney A. Rt yv Megginson, Trustee o G--e 13i le -h--h GRACE BIBLE CHURCH Agenda Item 1 March 14., 2007 Public Hearing Staff Planner: Carolyn A. K. Smith REQUEST: r . Discontinuance, closure and abandonment of an unimproved right-of-way. ADDRESS I DESCRIPTION: Beginning on the north side of Ansol Lane and extending approximately 477.05 feet in a northerly direction. COUNCIL ELECTION DISTRICT: 3 — ROSE HALL SITE SIZE: 4,773 square feet SUMMARY OF REQUEST The applicant requests to close a portion of a 12 foot wide, unimproved street (Pritchard Road) that runs in a northerly direction from the terminus of Ansol Lane to the Norfolk Southern Railway. The closure is necessary for the development of adjoining property for a church. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Norfolk Southern Railroad right-of-way USE AND ZONING: South: . 1-264 East: . Single-family dwelling / 0-2 Office District West: . Vacant woods / 0-2 Office District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed and a portion of the CULTURAL FEATURES: property is within the Resource Protection Area. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. GRACE BIBLE CHURCH / Street Closure Agenda Item 1 Page 1 IMPACT ON CITY SERVICES WATER & SEWER: There are no public utilities in the right-of-way proposed for closure. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Viewers met on February 19, 2007, and reviewed this request. As in any street closure application, the review is primarily based on current and future needs for the right-of-way for vehicular, pedestrian, or public infrastructure purposes. This street closure request is part of a Rezoning and a Conditional Use Permit application for the construction of a church. The total area of that project includes 18.92 acres. The Viewers recommended approval of this request, subject to the conditions listed below, as it was determined that there will be no public inconvenience from the closure and abandonment of this right-of- way. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GRACE BIBLE CHURCH / Street Closure Agenda Item 1 Page 2 GRACE BIBLE CHURCH / Street Closure Agenda Item 1 Page 3 NORFOLK SOUTHERN RAILWAY 12.30' N89'34'56"E 1989.87' (RIGHT OF WAY 66) N89'35'01 "E 15 1200' N89'35' 7.01 "E GPIN 1497-03-7953 n Z GPIN ra`O U: LA 1497-13-8854 b� GPIN X. 1497-13-5862 'o cn cr - N 12' ROAD TO BE CLOSED O 4,773 SF, 0.110 AC, p X182' 15'08 "W 12.84' VIRGINIAg 521.53' N82'15'08"w ANSOL LANE EACH - No (ACCESS {ACCESS ROAD) ROUTE ( VARIABLE WIDTH RESSWAY EXHIBIT "A' SHOWING 12' ROAD CLOSURE LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA JL engineering services, inc- Civil Engineering — Land Surveying 3351 Stoneshore Road, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E—mail: emailOesiofva.com Dote Proiect Scale: I Drawn By I Pa e: Drawin Path Name 01/22/07 1 06167 1"=100' PAYF 1 1 OF 1 Y:\06\16/\drg\Edbb\Road CkeLn E*bildwg ]w9 V tlM1bt5Vko5d I7km2 6Qrtb1t dw9, 6.5XI1, L7Z/2007 1:49:32 PM, pW, 1:1 SURVEY OF AREA TO BE CLOSED GRACE BIBLE CHURCH / Street Closure Agenda Item 1 Page 4 CLOSURE STATEMENT DIS ___--- E BIBLE CHURCH street Closure GRAC Agenda Item 1 Page 6 NORFOLK SOUTHERN RAILWAY 12.30' N89'34'56"E 1989.87' (RIGHT OF WAY 66') F N89'35'01 "E 127.00' N89'35'01 "E GPIN 1497-03-7953 ? GPIN �(O o WO 1497-13-8854 � J J o� GPIN 1497-13-5862 OQQ �A:_ h W O 0P U! N_ 12' ROAD TO BE CLOSED 0 4,773 SF, 0.110 AC. p N82.15'08 "W 12.84' VIRGINIA 6E 521.53 N82' 15'08"W C: LANE ACH _ NO (ACCESS ROAD) NORFOLK ROUTE 44 ( VARIABLE WIDTH)RESSwAY EXHIBIT "A" SHOWING 12' ROAD CLOSURE LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA [.JIU engineering services, inc. Civil Engineering — Land Surveying 3351 Stoneshore Road, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E—mail: email®esiofva.com Date Pro'ect Scale: Drawn By Pa e: Drawing,Path Name 01 /22/07 06167 1 "=100' PAYE 1 OF 1 M:\06\I67\dwg\bhi h\Road Ckure 6dibt.dwg MILL DAM LANDING ASSOCIATES Relevant Information: • Applicant requests a Subdivision Variance to lot width. • Applicant desires to subdivide an existing 1.34 -acre parcel into four (4) lots, ranging in size from 10,928 SF to 22,828 SF. • The existing parcel has only 40 feet of frontage on a public street (50 foot per lot is required). • AICUZ is Less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was opposition. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Mill Dam Landing Associates, L.L.C. Property is located at 4949 Lookout Road (GPINs 1570329366; 1570420587; 1570420690). DISTRICT 4 — BAYSIDE MEETING DATE: April 22, 2008 ■ Background: The property, zoned R-7.5 Residential, consists of three (3) lots, totaling 1.34 acres. There is an existing dwelling on the site that is slated for removal. The site can support the proposed four residential lots under the R-7.5 zoning except that the lots lack the width necessary at the right-of-way. The minimum lot size in the R-7.5 zoning district is 7,500 square feet. Lot 1 is proposed with 15,960 square feet, Lot 2 with 10,928 square feet, Lot 3 with 22,828 square feet, and Lot 4 with 15,613 square feet. For the R-7.5 District, the City Zoning Ordinance requires a minimum of 50 feet for lot width along a right-of-way for each newly created lot. Due to the 1956 closure of Lookout Road between its current terminus and Chubb Lake, the existing site has, in total, only 40 feet of frontage along the right- of-way. Prior to the street closure, the site had over 200 feet of lot frontage. Since there is now only 40 feet of frontage, the applicant is requesting a variance to lot width for each of the four (4) proposed lots. 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 surrounding stable neighborhoods. 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 property, surrounded on three (3) sides by the nontidal waters of Lake Bradford and Chubb Lake, is at the convergence of two public streets: Lookout Road, a 50 -foot right-of-way; and, West Chubb Lake Drive, a 30 -foot right-of- way. The conceptual subdivision plan depicts proposed landscape buffers to be installed along the eastern and northern property lines in an effort to provide added privacy for the adjacent properties. This landscape buffer would be perpetually maintained by the future property owners of proposed Lots 1 and 4. Mill Dam Landing Associates, L.L.C. Page 2of3 The applicant's first submission to the Planning Department, which is depicted at the end of the attached staff report, had all four lots with ingress and egress along a aright -of -way; however, as the width of the property at Lookout Road is only 40 feet, a Subdivision Variance to the street width for a portion of the street would have been required. Further, the dedication of the right-of-way, as shown on the original plan, would have created a nonconforming setback situation for the adjoining property to the east. For example, if the adjacent property owner wished to add on to the existing dwelling, a setback variance from the Board of Zoning Appeals would be necessary since the home would be approximately eight (8) feet from the property line instead of required 30 feet. Staff, therefore, considered the alternatives, and determined that while the current proposal creates the need for four (4) subdivision variances to lot width, it is preferable because it results in less impervious surface due to the elimination of a standard City right-of-way, an ingress and egress more in keeping with the character of the neighborhood, and reduced impact to surrounding properties by using a private ingress and egress. Staff's conclusion is that the current proposal meets the intent of the Comprehensive Plan as it has been developed in a manner to best blend with the surrounding neighborhood in terms of layout, lot size and impervious cover. The Plan calls for development to preserve and protect the overall character, economic value and aesthetic quality of the surrounding stable neighborhoods. The ultimate choice to utilize a private drive was a result of consideration to this specific guideline and to surrounding conditions. In addition, Staff's review of the zoning history for the area shows several similar Subdivision Variances granted over the last two decades for lots similar to the subject site in their unusual size and configuration in relation to the neighborhood. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Each lot shall have only one (1) single-family dwelling on it as depicted on the plan entitled, "PRELIMINARY RESUBDIVISION OF SOLITUDE POINT," dated October 22, 2007, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. No trees shall be removed from the 100 -foot wide strip of land owned by the City of Virginia Beach, as depicted on the plan identified above, without first consulting and obtaining written consent of the City Arborist. Trees depicted in bold on said plan shall be saved and protected during construction. Methods to protect those trees shall be delineated on the construction plans Mill Dam Landing Associates, L.L.C. Page 3 of 3 and final site plans for each lot. 3. The landscape buffers depicted on said plan shall be installed prior to the certificate of occupancy for Lot 1 and Lot 4. Proposed landscape buffer shall contain a mix of evergreen trees and shrubs so as to form a solid screen at maturity. Landscape buffers shall be perpetually maintained by the owners of the lots and a document to ensure this requirement shall be submitted, to the satisfaction of the City Attorney's Office, during final plat review. Landscape buffers for each Lot 1 and Lot 4 shall be delineated on the construction plans and final site plans for each lot. 4. The dwelling proposed on Lot 1 shall adhere to the minimum side yard setback along the western property line in an effort to maintain as far a distance as possible from the existing home to the northeast. ■ 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: E MILL DAM LANDING ASSOCIATES, LLC Agenda Item 16 March 12, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Subdivision Variance tc Subdivision Ordinance created lots meet all the Zoning Ordinance. t Section 4.4(b) of the that requires all newly requirements of the City ADDRESS / DESCRIPTION: 4949 Lookout Road Ag -a; i 06 ab 04 Subdivision Variance to Right-of-wav width GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 15703293660000 4 — BAYSIDE 1.34 acres 15704205870000 15704206900000 SUMMARY OF REQUEST The R-7.5 zoned property consists of three (3) lots, totaling 1.34 acres. There is an existing dwelling on the site that is slated for removal. The site can support the proposed four residential lots under the R-7.5 zoning except that the lots lack the width necessary at the right-of-way. The minimum lot size in the R-7.5 zoning district is 7,500 square feet. Lot 1 is proposed with 15,960 square feet, Lot 2 with 10,928 square feet, Lot 3 with 22,828 square feet, and Lot 4 with 15,613 square feet. For the R-7.5 District, the City Zoning Ordinance requires a minimum of 50 feet for lot width along a right-of-way for each newly created lot. This existing site has, in total, only 40 feet of frontage along the right-of-way; therefore, the applicant is requesting a variance to lot width for each of the four (4) proposed lots. A previous proposal submitted by the applicant depicted a proposed 50 -foot wide right-of-way on the property. This would have created a nonconforming situation for the property to the east. By constructing a right-of-way where proposed, the side yard setbacks for the adjacent lot (Lot 33) to the east would have dramatically increased from eight (8) feet to 30 feet since the lot would then be considered a corner lot. The existing house on Lot 33 is approximately eight (8) feet from the property line. The existence of a new right-of-way would have impacted future additions and modifications to that property. Thus, the applicant requested deferral of this application to pursue the current alternative. MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: 0 Chubb Lake USE AND ZONING: . Single-family dwellings / R-7.5 Residential District South: . Lake Bradford East: . Single-family dwellings / R-7.5 Residential District West: . Chubb Lake and Lake Bradford NATURAL RESOURCE AND This property is surrounded on three (3) sides by the nontidal waters of CULTURAL FEATURES: Lake Bradford and Chubb Lake. While the site is within the Chesapeake Bay watershed, the site is in the Resource Management Area, the less stringently regulated portion of the Chesapeake Bay Preservation Area. The applicant has performed a tree survey and will protect and retain as many trees as possible. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. The proposed use of the property is compatible. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Lookout Road is a two-lane undivided local street. No CIP projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Lookout Road No Data No Data Available Existing Land Use — 10 Available ADT Proposed Land Use 3— 40 ADT Average uany i "Ps Y as defined by 1 home 3 as defined by 4 homes WATER & SEWER: These lots must connect to City water and sewer. A hydraulic analysis may be necessary to ensure fire flow requirements can be met for this property. An analysis of Pump Station 300 and the sewer collection system will be required to ensure future flows can be accommodated. There is an existing four -inch City water main and an existing eight -inch City gravity main along the intersection of Chubb Lake Avenue and Lookout Road. MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 2 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. Comprehensive Plan: 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 surrounding stable neighborhoods. 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. Evaluation: This property, surrounded on three (3) sides by the nontidal waters of Lake Bradford and Chubb Lake, is at the convergence of two public streets: Lookout Road, a 50 -foot right-of-way; and, West Chubb Lake Drive, a 30 -foot right-of-way. The concept plan depicts proposed landscape buffers to be installed along the eastern and northern property lines in an effort to provide the adjacent properties added privacy. This landscape buffer would be perpetually maintained by the future property owners of proposed Lots 1 and 4. The previously submitted proposal, depicted at the end of the staff report, had all four lots with ingress and egress along a right-of-way; however, as the width of the property at Lookout Road is only 40 feet, a Subdivision Variance to the street width for a portion of the street would have been required. The existence of a new right-of-way would have impacted future additions and modifications to adjacent properties. The original proposal with a public street would have transformed the existing adjacent lot (Lot MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 3 33) to the east from a side, interior lot to a corner lot. The side yard setback would then have increased from eight (8) feet to 30 feet. The dedication of the right-of-way, as shown on the original plan, would have created a nonconforming situation for that property. For example, if the adjacent property owner wished to add on to the existing dwelling, it is likely that a setback variance from the Board of Zoning Appeals would be necessary as the home is approximately eight (8) feet from the property line and the side yard setback for a corner lot is 30 feet. Staff, therefore, considered the alternatives, and determined that while the current proposal creates the need for four (4) subdivision variances, it results in less impervious surface due to the elimination of a standard City right-of-way, an ingress and egress more in keeping with the character of the neighborhood, and reduced impact to surrounding properties by using a private ingress and egress. Rather than a standard City 50 -foot wide right-of-way with a cul-de-sac to serve only four (4) lots, the applicant is now proposing to install a 20 -foot wide driveway within a 25 -foot wide ingress/egress easement. The drive would result in much less impervious surface on the property and in turn generate far less stormwater runoff. The surrounding streets that serve this property are both substandard by today's requirements. While Lookout Road is a 50 -foot wide right-of-way and Chubb Lake Avenue is a 30 -foot wide right-of-way, the pavement widths for these streets are only approximately 10 to 12 feet wide. It is Staff's opinion that a 20 -foot wide drive to serve only four (4) lots is a better alternative to a street with at least 40 feet of pavement. The small width of the ingress/egress is more in character with the existing neighborhood and will serve to preserve the charm of the neighborhood. Staffs conclusion is that the current proposal meets the intent of the Comprehensive Plan as it was been developed in a manner to best blend with the surrounding neighborhood in terms of layout, lot size and impervious cover. The Plan calls for development to preserve and protect the overall character, economic value and aesthetic quality of the surrounding stable neighborhoods. The ultimate choice to utilize a private drive was a result of consideration to this specific guideline and surrounding conditions. In addition, Staff has reviewed the zoning history for the area which does show several similar Subdivision Variances granted over the last two (2) decades for lots similar to the subject site in their unusual size and configuration in relation to the neighborhood. Staff, therefore, recommends approval of this request. CONDITIONS 1. Each lot shall have only one (1) single-family dwelling on it as depicted on the plan entitled, "PRELIMINARY RESUBDIVISION OF SOLITUDE POINT," dated October 22, 2007, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. No trees shall be removed from the 100 -foot wide strip of land owned by the City of Virginia Beach, as depicted on the plan identified above, without first consulting and obtaining written consent of the City Arborist. Trees depicted in bold on said plan shall be saved and protected during construction. Methods to protect those trees shall be delineated on the construction plans and final site plans for each lot. 3. The landscape buffers depicted on said plan shall be installed prior to the certificate of occupancy for Lot 1 and Lot 4. Proposed landscape buffer shall contain a mix of evergreen trees and shrubs so as to form a solid screen at maturity. Landscape buffers shall be perpetually maintained by the owners of the lots and a document to ensure this requirement shall be submitted, to the satisfaction of the City Attorney's Office, during final plat review. Landscape buffers for each Lot 1 and Lot 4 shall be delineated on the construction MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 4 plans and Final site plans for each lot. 4. The dwelling proposed on Lot 1 shall adhere to the minimum side yard setback along the western property line in an effort to maintain as far a distance as possible from the existing home to the northeast. 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. MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 5 IM i� \ttIA 8 c e jN � l i W zi IL- ^ W V� wlnmn Z. m c 0. =U, 0 r JJ , 0 `il. 's �!�'posit �ti. � - .. �^. y _ _ [�`✓r.y ��^ �sk3 "� y�.so � r �` �"� � •` ' $tars` i?7�414�-;3;88�,Sh:h n�a �.ssS�>� � �Ct,T� � In�:��YaWWW:,►�aW., � i w iI o I m Y ^ Ilk o BE;,�d ate= i PROPOSED SUBDIVISION LAYOUT MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 6 til NOTES, uVROm SOLQCZ OF 7KS PLA' IS SAS: ON -,r W& 5, P. 70 ROA46V 75 (Typ) TWS PLAT DO:S 1407 =*MrUTE A 80A;XDAW SUMTY NOR A 171 SUMINWN OF LAND, 3) T?jjS ?Lr, M IpRpA.�V ni.� KNEM OF A 7M, -- CONS Z - T OT - - WAT-ERS WP � MAY -OUtNILY UAY M � SHOIN ALL MLE -C. -F-C7 %W SAID PROPERlY AS SHOWN. S 7) li / / THIS EXKDT IS 1111TENDE" D TO S�TKM DLOPMUnAL EFMC7 07 D 4) 0 - r -7 !=LS VC A Ill -I 50' R/W C 8, k- WNG FOUR (41 R -5 PA, CrLAM ON THIS 1.4 (:!:", ACRE PROPER7Y. 51 OP.N'S- j57O_rq_W. 1570-42-0587, 7570-42-05K 04U38 LAKE N/.r popW, r 3 xyz' No a3sts, SO. Fr. 1570-32-7659 12.9' DM A� (36T No 200210250355535) 75 Ex FiOLS--- PROPOSED LANDSCAPE MffB? (4aAW MAESS 06,7fiIE- A9VWUAUY MAWAAW BY oww or Lor i , PROP I W 2 IV edrxwl w 80&b M Fr— 42.27' lIZ4 AOII�'V-- VIP PROP 0.176 ,4-6Y. 74' 26 f <0 i -4aoo' . azi EX RMSE DWASM 7RE* LOT 4aW3--A M 41 AINS LAKE BRADFORD N/F WMED AALA THE CITY OF VA BEAM y—FOR RIV VARIANCE 1479-39-4860n 26W -V., 0.061 AC. D.B. Iola P. 154, Z� S 237000* W SAN VA 74.30' 6770 4 A)D7 PROPOFTr FOR LANDSCAPE BUFT-M. CEPA DAAfi— ro Ciry ABOUT LAKE 014527 57, O.O-U AZW3) LOT 33 2E ' SUBDIVISION VARIANCE EXHIBIT K SOI=DTE ?DLN OF PRopmm of I.T. GRWDY, M (D.B. =. F. mg) = PARCW A & 3 ?-a. :F CLOSED WESIM END opnYM AVE, CKM LAKE TERRAM RVIMICE DOCTWEN"M WOMIED D; M M s OFFICE OF nm CM= COMM MIM BEAM T4 VIIRMIA BEACH. VIRGINIA np LAI I F%AU I AlknVkUtlt AQQf%t%lWT=Q I I ORIGINALLY PROPOSE:: SUBDIVISION LAYOUT MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 7 07/13/04 SUBDIVISION VARIANCE (lot width) Granted 2 04/26/94 SUBDIVISION VARIANCE Granted 3 08/08/88 SUBDIVISION VARIANCE Granted 4 05118/81 CHANGE OF ZONING (R-8 & B-1 to A- 2) Grantee MILL DAM LANDING ASSOCIATES Agenda Item 16 'LDPISCLOSURE STATEMENT,; APPLICANT DISCLOSURE :, the auE:.<atit is a corora,icp; a, t: § sE p, w..:ass„ . orgcj!nizatio cor p ete the foil ,}wi g: 1. List the appilc M name byte names 0a ^f-,cer- " "em:: ac s, trustees :ial T as, etc. below- 'aC,'".:a'Si ." is5sa' '! % Dam _eM, f?wcdaMs. LLC, n Gregc 2 'c�rg Mei &q 8%n <.;'irAnd Me -7t t G. Lis,, ail businesses that have a parent-su Sldia^ cr a?%lia:ed usinaa„ ankyt a elationsh n id th th.a applicant" p'Affach fist if naoessc"t' ,; , *^ o r fi y,p r+ r � +'t. n � ' �; r 'i r� r�,�g^�s�r i4 r •� �stnuL i..+6 S5,.:^w 1� ar'��', ,.:. �; ,s:� Gviii:C��?i €.�7 �S a �v' �''_r�i� a: Si ,.ru�L�� J. ., e.. .s '�:'. x�'�J v: PROPERTY OWNER DISCLOSURE ccr'7p:flete t:fi!s Section only if property ovrl' er is diffea ent Fvl?' apikrlicart- " the rcpert';+' owne7 is a corporation. partnership. srrr business, or i ,; er un r=cor crated urc anization, complete the following: i . '._%Gi the propert', :rS ne—, r'ar e afol ivaved by the nai''ies of al, cffi-,err. members, 2- ,_:a, a:b,-.s;,r•r?aSaS thu''i ?'ia'vA a parer'e-auuSid'ar`p' -' affi;i2'ec bLSMeSS a 7y_ e,ationshi;the appiiva?' : (Attac.�, iist ,"' necessalr NA 'v ,.. '� ..... the p7opa ./ owner is s`tiO5 a ccrpre3 Citi -:-, parte snt. , , z se r X why - i3i3tS MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 9 III 010=00JRE7 i500WHENT q ADDITIONAL DISCLOSURES At ak krown, c3m7aCtOleS 07'."DuSlliesses that have vii wi:: crovide sen.,icesvo',",,7 resoe,�:t jr nequested property jse, inc,udmg but not lirnited4tkc Ine provi�:Iers, of :'..ch ass �aj sewtesn red astate services. financiaf se-v.CeS, ZC,70UM�nC � SeP,-'iCeS. anC legal Se,-Vi-CeS: fist if necessar.v) A,7'L-Eng'nae-ng: 0'kherg-7BD rez-onsi,ip" means "a reiaticnship that extsts nen one conacra:;o7 tFectly or indlecty muns shwes possessing more thar! 5': percent of the votr- avower vi` at; corporator,' See We and Locai Government Conflict of !nterests Ao-,, Va - Whatec busmass entity relationship' mmeans "a reiationshipotne, tnar, parent- subsdiary -elajonship, that exists 'Wher, 0) one bushess enQ has a controj!ng owrersn.ip interest in tie other bus:ness entity, i3O a controlling o,,,,,,ner in one entity is also a contmiting owner in 1!-'e C-ther entity, or there is shared management or control oetween the business enttjesFactors that shoulci be considered in determming the existence ofan 21fi.iatet ousmess antity include that the sarne person or substaniafly he same Vemcr ovv,n or rranage the two enhhes, mere are common or oom �mmgied Ends or assets: t bushess enties sha-e the use of the same offhes or employees or otherwise share activitOeS, 7eso,-rcas or personnel on a regular basis: cr there is --tlhertMse a cicse ,vork:ng reiationsimp tervveer., the entities," See State ano oca; Government Conflict of !nterests Act, Va, Cote i i 3 0ERTIFICATIGIN: ! ..e r€ tnaltt-e nilormat-oncontaned here;n iS, t, -Le anCi accu,ate. I amarstano to. upon recap? of notmcatc- " ,postcard': that the appizatic-) nas been soneduied for pootc-eann'. am res a," sivla flrob:a?ring and post!ng tre requred sign C7 the SUbjeCt PrCperV at ieas: 30 tays;:-c,.� is the screi�u;et pL:b!:cnean'r;g accord!ry to tneostr,,.ctjons;n this package. The 'Izars;grec a;sn �,ansents t: enir� uponthe by erroioyees c4 t�e Depa-tment of 0ammO'c Dwkgmph au view ?a site Ax curnoses of arocesong so ewwavg is splyNceNcn. appAcaQ A FZ Sag= J-, Rn -t Name 4e:: -esi1e A. El'e!- Foot Name MILL DAM LANDING ASSOCIATES Agenda Reni 16 Page 10 Ann v.sc- 7na En M :'k Her'?c'C;'wine7, AS5C .iv,'0.^ Assocz,es 4,L0 V. =7 Lamog AmmemM WC 01 N!: lomsy s at c;ra eai Es*alc Sa,.';a.e PmMyc 7XeAp"my KC w Agent, OvAle Wen W nC :*Sane P" s W; _. Rm Wd 7.m A5ur.,. at _X at LP swc"Immi US RN „' `i.^ c. bi^�...3"Y rdf5 ::d c' SE? Harm, LU: Bag Hares( Deve,,ma-- By Hmm Rm Ems AC W mc LaMworks LLC c Bemom @Ws} r G. y Pia 7 RU -W nC . S _'d•' .m . __ DISCI.®SURE STATEMENT MILL DAM LANDING ASSOCIATES Agenda Item 16 Page 11 Item #16 Mill Dam Landing Associates, L.L.C. Subdivision Ordinance 4949 Lookout Road District 4 Bayside March 12, 2008 REGULAR Donald Horsley: The next item is item 16, Mill Dam Landing Associates, L.L.C. An appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Mill Dam Landing Associates, L.L.C. The property is located at 4949 Lookout Road, District 4, Bayside. Janice Anderson: Welcome. Bill Gambrell: Hi. You guys have earned your $50.00 or $100.00 or whatever we paid you this month. I don't remember a meeting ever going this long. Good afternoon. Madame Chairman and members of the Planning Commission, my name is Bill Gambrell, and I work as a private land planner, and today, I'm here to represent the applicant and the property owner for the subject site. I tried to cross off as many of my notes as I can because I know you have been here for a long, long time. I will start off by just telling you that I would like to first point out the request meets all the hardship criteria outlined in the Subdivision Ordinance related to variances. Your staff report outlines the five conditions that need to be present when granting a variance. These include strict application of the ordinance would not produce an undue hardship. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem involved is not so in general or recurring in nature as to make reasonably practicable for the formulation of general regulations to be adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use of the development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by the reference of this ordinance. So, those are the points that are required. I will tell you, again, that each of those points have been addressed by the applicant. The applicant complies with all of those. I would also like to tell you that the plan that is before you today is more comfort for quite some time. It has been changed a number of times with the help of staff, and that would be the other particular point that I would like to make for you. This application is absolutely supported by your staff. There is, for your information, and I know you have looked at it, there is a copy of the previously submitted plan that staff has looked at, and it shows why that application was removed and this one was replaced. This plan before you today, addresses each of the concerns that staff has noted in the past, and provides for more orderly Item #16 Mill Dam Landing; Associates, L.L.C. Page 2 development pattern for the site. Each of the lots far exceed the minimum district standards as it relates to lot area. I think it is real, real important, and I hope everyone understands this, but each of the lots that are proposed here, the smallest lot is a third larger than the requirement, and most of the lots are double or triple. The largest lot is 20,000 square feet, and your lot size here is 7,500 square feet. So, all of the lots here far exceed those district requirements. First, I need to tell you, just to address your variance concerns, that the variance request is for three things primarily. One is an irregularly shaped lot. I mean, there is a buffer, as we can see, I think adjacent to the property. None of that buffer, by the way, is incorporated into the lot size, and all of the buffer, the 100 foot buffer is adjacent to Lake Joyce, which is owned by the City of Virginia Beach. And I should tell you also that the project has been designed to that buffer area and does protect as many of the trees on the site as possible. Second, the variance request, because of the street closure that was approved previously for Lookout Road, that is another reason why it necessitates this variance. Lookout Road, as you can see it, stops pretty much at the end of the property. Actually it extends a little ways, but several years ago, before this Planning Commission or the City Council had an opportunity to vote on those things, a street closure was permitted and this Commission or this Council had granted that, it would have provided a cul-de-sac or a bulb size so this variance would not be necessary. So, the variance is necessitated by the width of the property, the dimension of the property as it adjoins that lake, and, by the fact that Lookout Road does not extend that far anymore, and it is very, very narrow. I will also tell you that the variance has been submitted for you because we have worked so far with the staff, and because we feel like it we develop the project it was in keeping in what the staff felt like was necessary. I will also tell you that none of the roads in the area are built to City standards. Most of them are 10 to 12 feet in paved width and 30 feet maximum. With the exception of Lookout Road as it extends east, 30 feet is about the biggest of any of the platted roads are there. To make it short, let me tell you again. We got a variance application before you that we; have been working a long time with staff. There was a street closure that really precipitated the need to do something different. There is an irregular shape of the property. The applicant has worked really hard with the staff. I know there are some folks here that want to speak in opposition to the application. I'll let them do that. There may be some folks here left that would like to speak in favor of it as well, but that is my presentation for you. I'll be back if you have some questions for me. Janice Anderson: Great. Then you can answer their questions. Thank you. Donald Horsley: The first speaker we have in opposition is Brian Thomas. Janice Anderson: Welcome sir. Brian Thomas: Good afternoon. My name is Brain Thomas. I live in the adjacent property, right where it says R-7.5, across the northeast side; so, the top house that is indicated up there. And, I am not totally opposed to this project. I am kind of waiting for the show to get on the road and get it done, because I have been thinking about this for several years like the attorney just said. The only thing that I would object to is four houses. There is no hardship here. The property owner bought the property, paid a pretty high price for it. I looked that up Item #16 Mill Dam Landing Associates, L.L.C. Page 3 on the Virginia Beach website, so I know what he paid for it. But, I'm not sure he did his homework completely because every single one of these, and I've read the report here, and every house requires a variance because of the frontage. So, you're talking about four variances. I like the fact some of the things that they have made improvements over the initial plan was that the staff planner agree with it. Just put a small road in there, which reduces the amount of hard surface. The old cul-de-sac was going to use up a lot of land area. It would make a heck of lot more runoff to Chubb Lake and Lake Bradford, so that is really good. What I would like to recommend is reducing this back to three homes. There is no way they are going to convince me that you can't make a profit building three more expensive homes on this property, given the fact that the City is not requiring as much infrastructure as you would with four. You can build three nicer homes and maybe it won't be quite as profitable to them, but it would be more in keeping with what's been allowed in the neighborhood in the last few years. There are some new houses along Bradford Road. You can see the size of them. These homes right here (pointing to PowerPoint) they are all very large lots. But there was also enough room to build a street there too. So, just to summarize, I think they would make a pretty good profit. I think you could build one house. That property is so unique with a lake on both sides of it you could build one house and make money on it. So, if you really study the lot closely, it is pretty unique, a pretty awesome piece of property. I'm not convinced that they can't cut that back to three and still make a nice profit on it. Janice Anderson: Thank you Mr. Thomas. ' Are there any questions? Thank you sir. Donald Horsley: Our next speaker is Heidi Janicki. Heidi Janicki: Hello. My name is Heidi Janicki, and I'm President of the Chesapeake Beach Civic League. I'm here today to state our civic league's opposition to the request for a subdivision variance to Section 4.4(b) of the Subdivision Ordinance for Mill Dam Landing Associates, L.L.C. The Chesapeake Beach Civic League voted to oppose any variance requested by Mil Dam Landing Associates for this property on the premise that by creating four parcels, the applicant would be increasing the current degree of non -conformity. We oppose the variance because it deviates from the intention of the City Code and continued deviation from the City Code further sets back precedence in our neighborhood. In addition, 66 signatures from nearby property owners were gathered in opposition to this variance request even though many could not attend today. This City Code Section 4.4(b) regarding subdivision regulations states that existing lots which fail to conform to present applicable zoning regulations may be resubdivided to less than current minimum zoning standards where the following apply: One, the existing lots have been legally created; and two, the resulting lots conform to applicable requirement in each respect that the existing lots conform, and in those respects that the existing lots do not conform, no greater degree of non -conformity that is not already present would result. Currently, there are three non- conforming lots on the property with one existing home, based on our understanding of the situation. According to the City Code, existing lots may be resubdivided to less than current zoning standards if no greater degree of non -conformity would result. However, because approval of this subdivision variance would create four non -conforming lots and would result Item #16 Mill Dam Landing Associates, L.L.C. Page 4 in a greater degree of non -conformity than what currently exists. This request should be denied based on the requirements of the City Code. In addition to the City Code requiring that this variance be denied because of greater non -conformity would result than what currently exists, we do not think this variance should be granted because the hardship is self- inflicted based on the desire to build four homes rather than fewer. As stated in Section 9.3 of the City Code, personal or self inflicted hardship shall not be considered as grounds for issuance of a variance. Thank you. Janice Anderson: Thank you ma'am. Donald Horsley: Bob Costello. Bob Costello: Hi. My name is Bob Costello, and I'm a 21 year resident there in Chesapeake Beach. I have to admit that the detail that I understand is what I heard presented here. I guess there is a more detailed package of information floating around, but what was in the agenda write-up posted on-line wasn't really detailed about what we're discussing. But, I guess the actual variances are going to be voted on today, and not just the administrative decisions and appeals for that. But, I have to say that I agree with the first speaker. If you look at the two lots that are on the end of Bradford Point down here, those two lots, and this one again ends up here on the end of Bradford Lake, they are not different than R-7.5 lot that he is talking about: right there. And, again, to have two homes built on them, not four homes built on that. Another good precedent, I think, in our neighborhood, is to look at those homes that border on Joyce Lake. There are lot of ones around Joyce Lake that have also had a similar problem with non -conformity, and access to roadways. And the accepted solution to those areas was a single driveway, a front home and a back home with access off that driveway to the back home. It was never a solution to go with four homes with a lengthy driveway feeding off those four homes. So, I would recommend the current site plan be disapproved of those variance requests. Thank you. Donald Horsley: Steve McCall. Steve McCall: Good evening. My name is Steve McCall. I could have told you folks that you would have been here this long. I'm the guy that walks into the grocery store and picks the line, and it is the longest -line. So, I could have told you that. I don't do this kind of stuff. I'm here, and that is why you're here this late. Anyway, Madame Chair and Commissioners, I really have gained an appreciation for the work that you do. I never thought anything like this took place in the city. Again, I don't do this. And, I would like to thank the staff. They supported me in trying to find out information. All that said, like Mr. Thomas, I'm not necessarily opposed to it. I understand the applicant's need or desire to develop the property. But, again, I think four or whatever it proposes is a little too much. And by reading the report, I have a couple of concerns that I'm hoping that you folks asked be addressed or the City addresses. First off, in the report it talks about the current road conditions are substandard to today's requirements. They are only 10 to 12 feet wide. I can tell you that living in that neighborhood that is absolutely right. Some SUVs struggle to get by there, and most people, they all own two or more cars, as somebody said, as Mr. Redmond said, we all Item #16 Mill Dam Landing Associates, L.L.C. Page 5 love our vehicles. And everyone has got an SUV and a truck, and some sedan. So, going into this site, they talk about it is approved for 10, and they see it going up to 40. I guess the long and short of this is the roads can't handle it. In this study, they say there is no information about what traffic goes in and out of the capacity of the roads right now. There is no capital improvement projects planned for that road. I don't know if that really means to that site, that area or the neighborhood. I guess, and I've learned today, that you have to have 150 trips at peak times of days before you trigger a traffic study. But I wonder if there has ever been a traffic study done in Chesapeake Beach, because everybody feeds into Pleasure House Road as they leave in the day and come back. I would ask that there be a traffic study done, or maybe some one can tell me when the last traffic study for Chesapeake Beach was done. Next thing is additional infrastructure. A hydraulics study, and this is in the report, to ensure fire flow may be necessary. I think it ought to be required. Another study that needs to be done is a sanitary sewer collection system will be required to ensure flows to accommodate. Again, I hope that those two things have to be done, because again, I don't know when the last time any of this was ever done for this area. Do they just keep changing the building and all that? The site conditions? That is nothing that I'm concerned about. That 100 foot is referred to as a buffer. I was told by your staff that it is not a buffer. It is City property. That has to be maintained. I happen to be a property owner that had that 100 foot buffer; so, I am very much aware of that buffer and appreciate that. I will tell you that whenever they do construction, all of a sudden trees start coming down on that strip of property, and of course the report says that you have to have written permission to do that. Again, I hope that's done. Erosion sedimentation control plan. I see when these folks start their construction of these projects, they put up their silt fence, and the next thing I know it is falling down, and the sediment is running into the lake. Lake Bradford, in the years that I have been there, is slowly filling in. Is it stormwater runoff? I don't know if there are plans to ever dredge parts of that, but before long something that somebody might consider waterfront is going to be a mud flat if we don't protect that area. So, I guess, I would just ask, and I have to call the City Permit folks that they come out and do this. And after about the third or fourth time, they start to get used to me, and they get a little irritated with me. But I stay at them. I understand that. Those are my concerns. Again, I do appreciate all the work that you folks do. Thank you very much. Janice Anderson: Thank you sir. Steve McCall: Are there any questions? Thank you. Donald Horsley: Thank you. Mark Walker. Mark Walker: Hello again. For the second time, I'm Mark Walker here representing Chesapeake Beach Civic League, as well, as co-chair the Architectural Preservation and Zoning Committee. Basically I think Heidi took a lot of my thunder about the conformity issues. There are three lots on this parcel even though they are hard to see. The big one, I know every one sees that. But there are these two little tiny ones right up here. They are actually deeded lots. That little timer is a deeded lot, and that one right there is a deeded lot. So, granted they do have a point that there are three non -conforming lots there, but as far as Item #16 Mill Dam Landing; Associates, L.L.C. Page 6 the non -conformity issue, we are not in support of increasing non -conformity. Three lots, I guess that is questionable, but four lots, I think, again is going into increasing non- conformity, and Ithink that is against the ordinance. One other issue that I do want to discuss, and I don't know if it has been discussed directly, and that is the issue of safety. Putting four houses back there with a driveway that is over 100 feet long, trying to get a fire truck in there, I thunk there is plenty of witness that states that these roads are really tiny. I just live right up the street from here. I am on Chubb Lake Avenue myself, and the little land in front of me is no more than eight feet wide. That whole lane continues right down here. That is eight feet wide. Lookout Road may be 10 feet wide, but trying to get a fire truck in there is going to be next to impossible. And trying to turn around when there is no cul-de-sac will be impossible. So, as you all know, a fire truck, if it maneuvers enough, can get back in there, but once the fire is out and they get a call across the city, they are not going to be help those people across the city, because they can't get out of there in any reasonable length of time. So, that is a concern as well. I know that even three houses in there, that will be'a concern, but with :Four, it would be even worse. So, that is what were opposed to, and again, I appreciate your time and so does everybody else around here. Thanks a lot. Janice Anderson: Thank you. Donald Horsley: There are no more speakers. Janice Anderson: Bill? Bill Gambrell: Madame Chairman and members of the Commission, I will reiterate. There is absolute a hardship here. The substandard parcel that the gentleman pointed to last was a portion of Joyce Avenue that was closed years ago. It cannot be developed and neither can the other substandard parcel. This property needs to be resubdivided. It can't use the existing parcel except for the large lot that is there. It does have a situation that I referenced as far as irregular shape. The gentleman's question about the buffer is absolutely a buffer. It is absolutely owned by the City. It is absolutely not incorporated into this development plan at all. I will tell you, again, it has been supported by the staff, and we've worked a long time to just get to this point. This is not a money issue. This is trying to develop the property in the proper way. And as I mentioned, most of the sites, I think 12,000, is the smallest, 22,000 is the largest, all of them far exceed what the district requirement is, and it does meet the standards that are outlined in the ordinance for a variance. The roadway absolutely exists. I cannot tell you what the wetland issues are on that property that is further to the south. But, I can tell you that your first speaker, and probably most of your speakers, I don't know where they live and I haven't met with them. I apologize for that. I know they have met with the previous owner and the developer, but I don't know where they live. If they live anywhere close, their lot size is definitely as large as this one. I think that probably addresses most of your questions. Yes, absolutely we will follow all the conditions that staff has recommended, as well as what we ever we need to address the concerns the Fire Department might ask us about. Again, I just ask you to approve this variance. I think it is a good variance. I didn't say this earlier but my best presentation is my consent agenda item Item #16 Mill Dam Landing Associates, L.L.C. Page 7 presentation, and I thought that is where I was when I started with this. I apologize for taking anymore of your time. Janice Anderson: Thank you Bill. Are there any questions of Bill? I'll open it up for discussion. David Redmond: I support the application. I don't know a single one that I've ever seen that is perfect. I suspect that this one isn't perfect. It is not an easy standard to meet after all. I fundamentally agree with the premise that you have here lots that are significantly larger that what is required. I don't know what would be the purpose of reducing to three when four is well perfectly above what is required, in many cases, substantially more so, particularly though, I think the staff, to their credit, nailed it on this. There are substantial public benefits to this. The driveway results in much less impervious surface on the property, and in turn, generates far less stormwater runoff. Those are the sorts of things for which we grant subdivision variances, and the reason why we have the ability to grant them. In this case, there is always going to be opposition to a subdivision variance. There are always going to be folks who want less than that which is requested, but I'm having a hard time trying to figure out where the real bug -a -boo is in this, particularly when there are sort of benefits that the staff has identified, in which I think are real and substantial, so the concerns about safety. Safety is a concern. There wouldn't be that many people living there. It is not that much of a concern because he lives there, Mr. Walker, who by the way deserves credit for having the patience to be here all day too. So, it looks to me like this is the sort of thing for which we grant subdivision variances, and I don't know why we wouldn't in this case. There is no way that I think to look at this and say well, four ought to be three or three ought to be two. It seems to be perfectly normal and acceptable subdivision variance based on what they wrote. Janice Anderson: Thank you Dave. Gene. Eugene Crabtree: I agree somewhat with Dave. From looking at the site plan up there, the area they want to put four houses in is a lot larger than any area than I can count four others houses in, in that vicinity. I can count 1, 2, 3, 4, in any place in that area just about in that vicinity that sits on this land than the four that is going to sit there. So, I don't see where four is going to impede anything. I don't think four is more dangerous than three. Janice Anderson: Thanks Gene. Is there any other discussion? Is there a motion? Eugene Crabtree: I'll so move that we accept the application. Janice Anderson: A motion by Gene Crabtree and a second by Dave Redmond. This is for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE Item #16 Mill Dam Landing; Associates, L.L.C. Page 8 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 the application of Mill Dam Landing Associates, L.L.C. KATHLEEN D. RENFRO CLIP for Riding Academy (lessons) Relevant Information: • Applicant requests a Use Permit for horse riding lessons. • The site is currently developed with a house, horse barn, and a horse -riding ring. Applicant has 8 horses. • Lessons will be during the day for beginning -level riders. • There are no employees. • There will be no shows on the site. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • No opposition (Consent Agenda). r 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Kathleen D. Renfro fora Conditional Use Permit for a riding academy (lessons) on property located at 3940 Dawley Road (GPIN 2411374524). DISTRICT 7 — PRINCESS ANNE MEETING DATE: April 22, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow private horse riding lessons. The site is currently developed with a single-family dwelling, horse barn, and a defined horse riding ring. The Comprehensive Plan recognizes this site to be within the "Rural Area". The area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agricultural / rural with uses related to farming, forestry, rural residential and other rurally compatible uses. ■ Considerations: The applicant has eight horses, many of which are elderly. The lessons will be predominately for beginner -level riders. The lessons will be for individual students for 60 to 90 minutes. Most lessons will be scheduled Monday through Friday after school (lesson hours during the week may change during the summer). Saturday and Sunday lessons will be scheduled between the hours of 8:00 a.m. until 5:30 p.m. Lessons will be taught in the fenced riding ring beside the barn. There are no employees. No shows or events shall be hosted on this site. Parking will be beside the barn and will not be visible from the public right-of-way. The applicant's submitted plan meets the requirements of the City Zoning Ordinance, which limits the number of horses to no more than three (3) riding animals for each acre of land within the site; the site is 31 acres is size. The Planning Commission placed this item on the consent agenda because they concluded the proposed use is suitable for the site, the proposal meets the criteria of the Zoning Ordinance for this use, and there was no opposition. Kathleen D. Renfro Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. Hours of operation shall be from Monday through Sunday 8:00 a.m. until dark but rot later than 8:00 p.m. 2. All lighting on the site shall be directed inward and shall spillover onto adjoining properties. 3. No outside speakers or sound systems shall be permitted. 4. The site is limited to horse boarding and lessons; there shall be no horse shows, polo matches, or events. 5. These conditions shall remain in effect as long as the horse boarding facility is in operation. ■ 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— �� • . KATHLEEN D. RENFRO Agenda Item 11 March 12, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for Horse Riding Academy (Riding Lessons). ADDRESS / DESCRIPTION: Property located at 3940 Dawley Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 241137452400000 7 — PRINCESS ANNE 31.64 acres The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST private horse riding lessons. The site is currently developed with a single-family dwelling, horse barn, and a defined horse riding ring. The applicant has eight horses, many of which are elderly. The lessons will be predominately for beginner -level riders. The beginner lessons will provide the horses with beneficial low-level exercise and provide a safe, quiet learning experience for the students. The lessons will be for individual students for one to one and a half hours. Most lessons will be scheduled Monday through Friday after school (lesson hours during the week may change during the summer). Saturday and Sunday lessons will be scheduled between the hours of 8:00 a.m. until 5:30 p.m. Lessons will be taught in the fenced riding ring beside the barn. There are no employees. No shows or events shall be hosted on this site. Parking will be beside the barn and will not be visible from the public right-of-way. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural residential with horse riding ring and barn. SURROUNDING LAND North: . Rural residential / AG -1 and AG -2 Agricultural Districts USE AND ZONING: South: . Rural residential / AG -1 and AG -2 Agricultural Districts East: . Rural residential / AG -1 and AG -2 Agricultural Districts KATHLEEN D. RENFRO Agenda Item 11 Page 1 West: Across Dawley Road is Rural residential / AG -1 and AG -2 Agricultural Districts NATURAL RESOURCE AND The majority of the site is uncultivated land used for the care and CULTURAL FEATURES: keeping of horses. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. The use is compatible with this AICUZ. IMPACT ON CITY SERVICES TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Dawley Road Not available 8,700 ADT (Level of Existing Land Use — Service "C") 317 ADT 11,200 ADT' (Level of Proposed Land Use 3— Service "D") unchanged 11,900 ADT' (Level of Service "E" Average Daily Trips Zas defined by 31.6 acres AG -2 Sas defined by31.6 acres AG -2 WATER & SEWER: Health Department has not issued approval for any plumbing in the horse barn if such is needed. FIRE: No comments at this time. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the "Rural Area". The area is characterized as low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area as agricultural / rural with uses related to farming, forestry, rural residential and other rurally compatible uses. Land use planning policies and principles for the Rural Area focus strongly on preserving agriculture. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low and maintaining the rural community, the vision for our rural landscape is important," (pg.161). "Rural area may be characterized as a balance between natural environment and human uses with farms, horse boarding, campgrounds, wineries and open space activities," (Pg. 164). KATHLEEN D. RENFRO Agenda Item 11 Page 2 Evaluation: Staff recommends approval of this request with conditions provided below. The proposal for a horse riding academy (horse riding lessons) is in conformance with the planning objectives outlined in Chapter 6 of the Comprehensive Plan. The applicant's submitted plan meets the requirements of the City Zoning Ordinance, which limits the number of horses to no more than three (3) riding animals for each acre of land within the site. Additional conditions listed below should mitigate any concerns of adjacent property owners. CONDITIONS 1. Hours of operation shall be from Monday through Sunday 8:00 a.m. until dark but not later than 8:00 p.m. 2. All lighting on the site shall be directed inward and shall spillover onto adjoining properties. 3. No outside speakers or sound systems shall be permitted. 4. The site is limited to horse boarding and lessons; there shall be no horse shows, polo matches, or events. 5. These conditions shall remain in effect as long as the horse boarding facility is in operation. 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. KATHLEEN D. RENFRO Agenda Item 11 Page 3 { Q r. Y � � �� J�� .fr'Gl•FS', 1 iz LAN =e ROPOSED SITE P ---�RENFRO KATHI-EEN �. p,genda Item 11 Page 4 I ng South) ,.O.OGRAP"O" (j-0ow, mm Agenda Fag, IV, I ng South) ,.O.OGRAP"O" (j-0ow, mm Agenda Fag, 1 08/09/05 Conditional Use Permit (Riding Academy) Granted 01/23/96 Reconsideration of Conditions Granted 10/24/95 Conditional Use Permit (Boarding Horses) Granted 2 01/22/02 Conditional Use Permit (Boarding Horses) Granted ZONING HISTORY KATHLEEN D. RENFRO Agenda Item 11 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) >�� QY7--�t=f' o r DBN C,1ggW_- t=-o.er� 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) 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 ,, If yes. what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9of 10 Revised 7112007 KATHLEEN D. RENFRO Agenda Item 11 Page 7 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, 1 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. Applican s Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional use Permit Application Page 10 of 10 Revised 7132007 KATHLEEN D. RENFRO Agenda Item 11 Page 8 Item #11 Kathleen D. Renfro Conditional Use Permit 3940 Dawley Road District 7 Princess Anne March 12, 2008 CONSENT Joseph Strange: The next matter is agenda item 11, Kathleen D. Renfro, an application of Kathleen D. Renfro. Kathleen D. Renfro: I'm Kathleen D. Renfro. I have read and accept the conditions. Thank you for your time. Joseph Strange: Okay. Let me finish please, if you don't mind? An application of Kathleen D. Renfro for a Conditional Use Permit for a riding academy on property located at 3940 Dawley Road, district 7, Princess Anne with five conditions. I'm sorry. Do you accept the five conditions? Kathleen D. Renfro: Yes sir. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Al Henley to review this item. Al Henley: The property is located at 3940 Dawley Road. The application requests a Conditional Use Permit to allow private horse riding sessions. The site is currently developed with a single-family dwelling, horse barn and defined horse riding ring. The applicant has eight horses, many of which are elderly. The lessons will be predominately for beginner level riders. The lessons will be for individual students for 1 %2 hours. Most lessons will be scheduled from Monday through Friday after school, Saturday and Sunday lessons will be scheduled between the hours of 8:00 to 5:30 p.m. Staff has recommended approval of this request, so therefore the Planning Commission is recommending that this be placed on the consent agenda. Thank you. Joseph Strange: Thank you Al. Madam Chairman, I make a motion to approve agenda item 11. 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 Item #11 Kathleen D. Renfro Page 2 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 11 for consent. EVELYN'S WILDLIFE REFUGE CUP Wildlife Rehabilatation Relevant Information: Applicant requests a Use Permit for Home -Based Wildlife Rehabilitation. Applicant has been a wildlife rehabilitator at this location for 16 years, primarily caring for small mammals, birds, and opussoms. Applicant meets the standards in the Zoning Ordinance for this type of wildlife rehabilitation 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 Evelyn's Wildlife Refuge for a Conditional Use Permit for wildlife rehabilitation on property located at 2633 Highland Drive (GPIN 1484025578). DISTRICT 1 — CENTERVILLE MEETING DATE: April 22, 2008 ■ Background: The subject parcel is located in a large -lot single-family residential subdivision on Highland Drive, south of Salem Road. There is a single-family dwelling on the site. The applicant requests a Conditional Use Permit to allow a home-based wildlife rehabilitation facility. The applicant has been a rehabilitator for 16 years at this location, and has worked in the rehabilitation business for 18 years. The applicant is the operator of Evelyn's Wildlife Refuge, and she holds a Category II- A wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries. She is also licensed by the United States Fish and Wildlife Service. The applicant was originally unaware of the need to obtain a Conditional Use Permit, and upon being informed of this requirement, has submitted this request. ■ Considerations: Evelyn's Wildlife Refuge is licensed by the State and Federal governments to rehabilitate native wildlife species including birds and small mammals, such as opossums, squirrels, raccoons, foxes, and rabbits. Evelyn's Wildlife Refuge is a nonprofit, tax exempt operation under section 501(c) (3) of the Internal Revenue Code, and has no paid employees. The facility is managed by the property owners, with two (2) to six (6) volunteers during the peak season, which runs from March until October. Animals are referred to this facility mainly through word of mouth, and the number of animals rehabilitated varies from month to month. The outdoor rehabilitation area is approximately 2,400 square feet in size and is located behind the house, enclosed with a 36 -inch tall split -rail fence. Six (6) existing cages are located within the outdoor rehabilitation area. The applicant plans to provide no more than eight (8) cages within the outdoor rehabilitation area at any given time. All cages are cleaned daily and sometimes, twice a day. Evelyn's Wildlife Refuge Page 2of2 The applicant has been operating at this location for 16 years without incident. The proposal meets the criteria of Section 242.3 of the City Zoning Ordinance for Home -Based Wildlife Rehabilitation Facilities. The Planning Commission placed this item on the consent agenda because the applicant has been rehabilitating small animals at this location for 16 years without incident, the proposal meets the criteria in the Zoning Ordinance for this use, 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: All cages and structures shall be located in the area currently enclosed by a 36 -inch split -rail fence as identified on the submitted "Physical Survey of Lot 15, Subdivision of Highland Acres, Section One, Kempsville Borough -Virginia Beach, For James P. Flengas & Evelyn P. Flengas", prepared by Lee S. Rood, P.C. and last revised March 16, 1996. Any cages and structures not meeting this requirement at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30 days of City Council approval. 2. The applicant shall adhere to the standards of Section 242.3 of the City Zonirg Ordinance pertaining to Home -Based Wildlife Rehabilitation Facilities. 3. The use shall be administratively reviewed in one year to ensure these conditions are being adhered to. 4. No more than six (6) volunteers shall be on-site at any given time. 5. The existing six (6) foot high privacy fence along the southern property line shall remain in place and be maintained in good condition. ■ 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: EVELYN'S WILDLIFE REFUGE Agenda Item 12 March 12, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a home-based wildlife rehabilitation facility. CUP Wildlife Rehabilatation ADDRESS / DESCRIPTION: Property located at 2633 Highland Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14840255780000 1 - CENTERVILLE 5.419 acres The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST home-based wildlife rehabilitation facility. The applicant has been a rehabilitator for 16 years at this location, and has worked in the rehabilitation business for 18 years. The applicant is the operator of Evelyn's Wildlife Refuge, and she holds a Category II -A wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries; she is also licensed by the United States Fish and Wildlife Service. The applicant was originally unaware of the need to obtain a Conditional Use Permit, and upon being informed of this requirement, has submitted this request. Evelyn's Wildlife Refuge is licensed to rehabilitate native wildlife species including birds and small mammals such as opossums, squirrels, raccoons, foxes, and rabbits. The facility operates from 6:00 a.m. until 12:00 p.m., 365 days per year. This facility is managed by the property owners, with two (2) to six (6) volunteers during the peak season, which runs from March until October. Animals are referred to this facility mainly through word of mouth, and the number of animals rehabilitated varies from month to month. Evelyn's Wildlife Refuge is a nonprofit, tax exempt operation under section 501(c) (3) of the Internal Revenue Code, and has no paid employees. There is currently a single-family dwelling on this 5.419 -acre lot. The approximately 2,400 square feet outdoor rehabilitation area is located behind the house and is enclosed with a 36 -inch tall split -rail fence. Six (6) existing cages are located within the outdoor rehabilitation area. The applicant plans to provide no more than eight (8) cages within the outdoor rehabilitation area at any given time. There is a solid privacy fence located along the southern property line that screens the proposed use from the property to the south. A 120 -foot wide Dominion Power right-of-way runs through the property, east of the house and outdoor refuge area. EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 1 � ae e � •r.''Zl�, CUP Wildlife Rehabilatation ADDRESS / DESCRIPTION: Property located at 2633 Highland Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14840255780000 1 - CENTERVILLE 5.419 acres The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST home-based wildlife rehabilitation facility. The applicant has been a rehabilitator for 16 years at this location, and has worked in the rehabilitation business for 18 years. The applicant is the operator of Evelyn's Wildlife Refuge, and she holds a Category II -A wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries; she is also licensed by the United States Fish and Wildlife Service. The applicant was originally unaware of the need to obtain a Conditional Use Permit, and upon being informed of this requirement, has submitted this request. Evelyn's Wildlife Refuge is licensed to rehabilitate native wildlife species including birds and small mammals such as opossums, squirrels, raccoons, foxes, and rabbits. The facility operates from 6:00 a.m. until 12:00 p.m., 365 days per year. This facility is managed by the property owners, with two (2) to six (6) volunteers during the peak season, which runs from March until October. Animals are referred to this facility mainly through word of mouth, and the number of animals rehabilitated varies from month to month. Evelyn's Wildlife Refuge is a nonprofit, tax exempt operation under section 501(c) (3) of the Internal Revenue Code, and has no paid employees. There is currently a single-family dwelling on this 5.419 -acre lot. The approximately 2,400 square feet outdoor rehabilitation area is located behind the house and is enclosed with a 36 -inch tall split -rail fence. Six (6) existing cages are located within the outdoor rehabilitation area. The applicant plans to provide no more than eight (8) cages within the outdoor rehabilitation area at any given time. There is a solid privacy fence located along the southern property line that screens the proposed use from the property to the south. A 120 -foot wide Dominion Power right-of-way runs through the property, east of the house and outdoor refuge area. EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 1 Baby mammals and birds are kept inside the house until they are healthy enough to stay outside within the enclosed rehabilitation area. Once the birds and mammals are fully rehabilitated, they are safely released back into the wild. No animals are kept outdoors, other than within the fenced rehabilitation area located behind the single-family dwelling. All cages are cleaned daily and sometimes, twice a day. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family dwelling / R-15 Residential District USE AND ZONING: South: . Single-family dwelling / R-15 Residential District East: . Highland Road, Single-family dwelling / R-15 Residential District West: . Open space, floodplain, and single-family dwellings / R-15 Residential District NATURAL RESOURCE AND The western half of property is located within the 100 -year floodplain. CULTURAL FEATURES: The tip of the western half of the property is located within the floodway. AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana and within Sub -area 3. The use is compatible within this AICUZ. IMPACT ON CITY SERVICES PUBLIC WORKS / TRAFFIC ENGINEERING: Traffic Engineering believes the proposed use will not generate traffic volumes greater than those within the existing R-15 Residential neighborhood. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions 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. EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 2 Evaluation: The outdoor rehabilitation area is located on a small portion of a large lot. The use, with the conditions recommended below, is compatible with the adjacent area. The applicant is licensed by the Virginia Department of Game and Inland Fisheries and the United States Fish and Wildlife Service as an animal rehabilitator. She provides a valued service to the community, and has been operating at this location for 16 years without incident. In sum, staff finds that the proposal meets the criteria of Section 242.3 of the City Zoning Ordinance for Home -Based Wildlife Rehabilitation Facilities. CONDITIONS All cages and structures shall be located in the area currently enclosed by a 36 -inch split -rail fence as identified on the submitted "Physical Survey of Lot 15, Subdivision of Highland Acres, Section One, Kempsville Borough -Virginia Beach, For James P. Flengas & Evelyn P. Flengas", prepared by Lee S. Rood, P.C. and last revised March 16, 1996. Any cages and structures not meeting this requirement at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30 days of City Council approval. 2. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home -Based Wildlife Rehabilitation Facilities. 3. The use shall be administratively reviewed in one year to ensure these conditions are being adhered to. 4. No more than six (6) volunteers shall be on-site at any given time. 5. The existing six (6) foot high privacy fence along the southern property line shall remain in place and be maintained in good condition. 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. EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 3 ARTICLE 2. GENERAL, REQUIREMENTS AND PROCEDURES APPLICABLE TO ... Page I of 1 Sec. 242.3. Home-based wildlife rehabilitation facility. Fiome-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category It A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility within twenty-four (24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8) feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non - illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. (Ord. No. 2976, 4-24-07) hnp:,'/Iibrai3,4.municode.com/default/DocView/10122,, 1/216/218 3/3/2008 EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 4 7HI$ IS 70 CERTIFY TNAr 1 ON FMWARY 20, 1991 SURW?W 711E PRO IS?Ty 91OMA' ON 7MS PLAr AND 7HAT 711E 717LE 11NES AND rx was OF THE Bu/LDINCS ARE SyONN ON TMS PLA r 7UE BUILDINGS STAND SrVC71Y w/T'AN THE 77 7Z L1NE3`NO T`E ARE NO ENOPOA"AN 7 0�' OTHfR SUPaNCS ON IHE PRO £- CEPT AS 57IOMN. 9GNED: _41 laxii ` r_ ooNOTE rpp AIMMR L R091 y � +ED � MWErA 1543 T z�z�9LoQ 7 17 .441, SURVE1 \ r 1 sev �' \ ,.�i,\ • 4 l aro; LONEST FLOOR ELE'V. -811 P—) F7N191m ELEY. FLOOR 11.07 •1 \I \ 1 ` �1 \.� QiA,y ELEVA 77OVS &ASID OV GTY ft< NRGMA SEACH KR7/GL DA711N ao G CM eI.WA�t � A I J fA Do' A.18 J ztvtlr �� \l \ I y -Sty - OUTDOOR Y r. I OUTDOOR 3• ; 9zAr: M'xr REHABILITATION \ - �-� I �I AREA ------^.__----- r" \ F4 yxey }\ 1 I R INSERT A' l `\ V, I" 4 1 w�rz.T I t \' •� �* \ l \ h'-rS I I \1�" \\ � Y \\T°I+ � \\ i W� � �. �'� pro• � *Fl,00v sonlE �0 H GHLAND \ IDR/VE � FLOOD ZONE LINES APPRowMArELY scALty PHYWCAL SURVEY FROM FEDERAL INSURANCE RATE MAP. OF ACCURACY NOT GUARANTEED. LOT 15, SUBDIV15Y0N OF HIGHLAND ACRES, SECTION ONE KEMPSMLLE BOROUGH - NRGNIA B£ACN, NRGIN/A FOR JAMES P. FLENGAS & EVELYN R FLENGAS SCALE: 1"7100' FEBRUARY 20, 1992 2Gv-Fet5; F wf ZG, i99Z rA'ir1esno�lrn.vAwi noerw rarues ro FAII I�6OF 2O`[s ABY, X t T' RE c- cIi 3,IL1zlZ fFwoOuliES)Arvvwavxuarwouram.w T7xwx Rev �iL, tR�2 cfiw-� uurABFFi LBS S. ROOD P.C. rx, -z a.. Lin SoMoRS fAra An b amt ANt n, rAe rR.L � Aim . A NopnLx VMCNU f� Sli a.e ZD An7fUH@� 36,513-92 5-3396 SURVEY OF SITE EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 5 1 sev �' \ ,.�i,\ • \\ SIE ZONE G� ' G CM eI.WA�t � A I J fA Do' A.18 J ztvtlr �� H GHLAND \ IDR/VE � FLOOD ZONE LINES APPRowMArELY scALty PHYWCAL SURVEY FROM FEDERAL INSURANCE RATE MAP. OF ACCURACY NOT GUARANTEED. LOT 15, SUBDIV15Y0N OF HIGHLAND ACRES, SECTION ONE KEMPSMLLE BOROUGH - NRGNIA B£ACN, NRGIN/A FOR JAMES P. FLENGAS & EVELYN R FLENGAS SCALE: 1"7100' FEBRUARY 20, 1992 2Gv-Fet5; F wf ZG, i99Z rA'ir1esno�lrn.vAwi noerw rarues ro FAII I�6OF 2O`[s ABY, X t T' RE c- cIi 3,IL1zlZ fFwoOuliES)Arvvwavxuarwouram.w T7xwx Rev �iL, tR�2 cfiw-� uurABFFi LBS S. ROOD P.C. rx, -z a.. Lin SoMoRS fAra An b amt ANt n, rAe rR.L � Aim . A NopnLx VMCNU f� Sli a.e ZD An7fUH@� 36,513-92 5-3396 SURVEY OF SITE EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 5 EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 6 # Date Description Action 1 10-24-00 Zoning Change (AG -2 to R-15) Conditional Use Permit (open space promotion option) Granted Granted 2 7-1-03 Subdivision Variance Granted 3 11-13-07 2-10-04 Zoning Change (R-15 to AG -2) Subdivision Variance Granted Granted ZONING HISTORY EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 7 E SCLOSURE STATEMENT —APPLICANT DISCLOSURE If the applicant is �ee artnership, firm, business, or other unincorporated organization, comp wing: 1. Listthe applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) �-yc3yam ' !=L , qts J rf �f P — �G, ra S 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Iv O(l.,t ❑ 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. 8 See next page for footnotes Does an official or employee of thCity 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 Revise1 7113/20M EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 8 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) ty0 i,i'E "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. Utz f� i AS licant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permd Application Page 10 of 10 Revised 7113/2006 EVELYN'S WILDLIFE REFUGE Agenda Item 12 Page 9 Item #12 Evelyn's Wildlife Refuge Conditional Use Permit 2633 Highland Drive District 1 Centerville March 12, 2008 CONSENT Joseph Strange: The next matter is agenda item 12, Evelyn's Wildlife Refuse. An application of Ev6yn's Wildlife Refuge for a Conditional Use Permit for wildlife rehabilitation on property located at 2633 Highland Drive, District 1, Centerville, with five conditions. James Flengas: Thank you very much. We are pleased to be on the consent agenda. We have no concerns about the conditions. We accept them. Joseph Strange: Would you introduce yourself? James Flengas: My name is James Flengas. I'm the Secretary/Treasurer of Evelyn's Wildlife Refuge. I'm representing the refuge as such. Joseph Strange: Are the conditions acceptable? James Flengas: Yes they are sir. Joseph Strange: You saw the extra condition that was added to it? Condition 5? James Flengas: Yes sir. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Gene Crabtree to review this item. Eugene Crabtree: :[ had the pleasure of being on the committee that served for the ordinance for the wildlife refuge in the City. I have traditionally opposed wildlife rehabilitation in residential areas. However, this one is the best one that we have ever looked at collectively as the Planning Commission. It sits on 5.4 acres. It has sufficient room to totally rehabilitate wildlife. They use the home for the intensive care type operations for small animals. If they rehabilitate, they have sufficient cages in the back for them to convalesce until they are able to move back into the woods or into the wildlife sanctuary. This is an AICUZ zone of 65 to 70 dB, which this is perfectly suitable as far as the AICUZ concerning with this particular type of operation. And, I think they will be able to expand in the future. I would like to add from our stand point of view, this is what we would like to see from other wildlife rehabilitators in the; area. They should have a space, and an operation similar to this one. So, consequently, we put it on the consent agenda. Item #12 Evelyn's Wildlife Refuge Page 2 Joseph Strange: Thank you Gene. Madam Chairman, I make a motion to approve agenda item 12. 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 12 for consent. 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 12 for consent. Leslie J. Bonilla From: Clay Bernick Sent: Monday, March 10, 2008 12:00 PM To: Leslie J. Bonilla Subject: FW: Evelyn's Wildlife Refuge From: Smith, Sharon [mailto:Sharon.Smith@cbn.org] Sent: Monday, March 10, 2008 10:45 AM To: Ruth H. Fraser Subject: Evelyn's Wildlife Refuge To Whom it May Concern: City of Virginia Beach, Planning Commission Re: GPIN 1484025578 — EVELYN'S WILDLIFE REFUGE Page 1 of 1 My husband and I are neighbors of Evelyn and Jim Flengas, and we wholly approve of her land being made into a wildlife refuge. Thank you very much, Sharon and Jerry Smith 2620 Highland Drive Virginia Beach, VA 23456 757-427-1216 [GNOY 11:3 Item III -G -1 -d - PUBLIC HEARING PLANNING - 19 - ITEM # 30490 Father William Dale, 4853 Princess Anne Road, Phone: 495-1886, represented the applicant. Father Dale's statement is hereby made a part of the record. Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of CHURCH OF ASCENSION - DIOCESE OF RICHMOND for a Conditional Use Permit for a church addition. ORDINANCE UPON APPLICATION OF CHURCH OF ASCENSION - DIOCESE OF RICHMOND FOR A CHURCH ADDITION R012881184 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church of Ascension - Diocese of Richmond for a Conditional Use Permit for a church addition on the west side of Princess Anne Road, 770 feet more or less north of Brandywine Drive. Said parcel is located at 4853 Princess Anne Road and contains 9.94 acres. plats with more detailed Information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. This Ordinance shall be effect€ve upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth Day of December, Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Ba 1 ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, ASSISI MOUSE Modification of Conditions Relevant Information: • Applicant requests a modification of the existing church's Use Permit for the purpose of constructing a residential dwelling on the site. • The dwelling will house a family of mentally disabled individuals. • A Use Permit is not required for a family of this type. The application is onlly to modify the Use Permit to allow a dwelling on the site. • AICUZ is less than 65. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was opposition. �a,eFi rof Z itp `L�4�i ��:•J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Assisi House, Inc. for the Modification of Conditions for a Conditional Use Permit approved by City Council on December 12, 1988. Property is located at 4853 Princess Anne Road (GPIN 14760644640000). DISTRICT 2 — KEMPSVILLE MEETING DATE: April 22, 2008 ■ Background: A church has occupied this site for over three decades. A rezoning from R-5 Residential to 0-1 Office for an administrative building for the Catholic Charities on a parcel adjacent and to the north was approved in 1985. Expansions of the church were also approved by the City Council in 1985 and 1988. There was one (1) condition associated with the 1988 approval that required best management practices be utilized for controlling stormwater. Most recently, a Columbarium was approved by the City Council in 2003. There were no conditions attached to that approval. The request to modify the Use Permit is to allow a dwelling to be constructed on the southwestern corner of the property. Since a dwelling is not included with the current Conditional Use Permit for the church, a modification to the Use Permit to add the dwelling must be reviewed and approved. ■ Considerations: The proposed dwelling, the Assisi House, is designed to provide a nondenominational, supervised, residential facility for adults with mild to moderate retardation. The facility will provide a family-oriented environment for no more than eight (8) individuals and will be supported by a staff of three (3) who will assist the residents with daily living activities. The Assisi House is working with the Commonwealth's Department of Social Services to obtain licensure to operate the facility under the City's definition of a "Family," as defined by the Zoning Ordinance. The definition of a "Family" includes "a group of not more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons residing with one (1) or more resident counselors or other staff persons and licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, provided that mental Assisi House Page 2 of 3 illness and developmentally disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia." This request for a Modification to the Conditional Use Permit should not be confused with a "Group Home," which does require a Conditional Use Permit. The proposed dwelling is a one-story, ranch -style house with approximately 5,709 square feet of living space. The proposed exterior building materials reflect the materials used within the residential neighborhood adjacent to this property. While the proposed dwelling will be larger than surrounding residences, the fact that the dwelling will be one story ranch, oriented diagonally on the site, and screened with landscaping to reduce the scale of the dwelling, work to make it not appear out of scale with the surrounding area. No direct vehicular access to the dwelling is proposed from Rosecroft Street; vehicular access will be through the church's parking lot, which has an access point on Rosecroft Street and on Princess Anne Road. The existing church parking lot will serve any parking needs related to the dwelling. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The existing Use Permits for the church located on this property are modified to allow a dwelling for a family consisting of a group of not more than eight (8) mentally ill, mentally retarded or developmentally disabled persons residing with one (1) or more resident counselors or other staff persons and licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services; provided that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. 2. The dwelling's location on the property shall be in substantial conformance with the exhibit entitled, "Preliminary Site Plan of the Assisi House for the Church of the Ascension," prepared by Site Improvement Associates, dated 11-08-07, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. Shifting of the footprint of the building to the west in order to lessen the length of the fagade parallel to Rosecroft Stree+t shall be permitted upon review and approval of the Director of Planning. 3. When developed, the proposed dwelling shall be constructed with exterior building materials and an architectural design in substantial conformance with the elevation entitled, "The Assisi House," prepared by Mod-U-Kraf Homes, Assisi House Page 3 of 3 L.L.C., dated October 2003, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. Shutters shall be added to the windows. 4. At a minimum, landscaping shall be installed as depicted on the exhibit entitled, "Preliminary Site Plan of the Assisi House for the Church of the Ascension," prepared by Site Improvement Associates, dated 11-08-07, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. This landscaping shall be a mix of at least 13 trees (minimum 2 — 2'/2 inch caliper at time of installation) and 50 evergreen shrubs (minimum height of 24 inches at installation). A landscape plan depicting this plant material shall be submitted with the final site plan for review and approval. 5. Access to the building site during construction of the dwelling shall not be via Rosecroft Street. The staging area for construction materials and equipment shall be located on the interior (northern) side of construction site. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. ,V—, ASSISI HOUSE Agenda Item 15 March 12, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of Conditions to a Conditional Use Permit for a church. ADDRESS / DESCRIPTION: 4853 Princess Anne Road. Assisi House 8 -2 PD 442 B-2 (P -I) i PD R 4e .R mn'xncEffiL� 5 0-. 121 ' 1 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14760644640000 2 - KEMPSVILLE Approximately 1 acre of a larger 9 acre site The applicant requests a Modification of Conditions for a SUMMARY OF REQUEST Conditional Use Permit. A church has occupied this site for over three decades. The modification request is to allow a dwelling to be constructed on the southwestern corner of the property. Since a dwelling is not included with the current Conditional Use Permit for the church, a modification to the Use Permit to add the dwelling must be reviewed and approved. The proposed dwelling, the Assisi House, is a home designed to provide a nondenominational, supervised, residential facility for adults with mild to moderate retardation. The facility will provide a family-oriented environment for no more than eight (8) individuals and will be supported by a staff of three (3) who will assist the residents with daily living activities. The dwelling is proposed as a one-story, ranch - style house with approximately 5,709 square feet of living space. No direct vehicular access to the dwelling is prcposed from Rosecroft Street; vehicular access will be through the church's parking lot, which has an .access point on Rosecroft Street and on Princess Anne Road. The existing church parking lot will serve any parking needs related to the dwelling. The applicant's representative has indicated that they are working with the Commonwealth's Department of Social Services to obtain licensure to operate the facility under the City's definition of a "Family," as defined by the Zoning Ordinance. The definition of a "Family" includes "a group of not more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons residing with one (1) or more resident counselors or other staff persons and licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, provided that mental illness and developmentally disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia." This request for a Modification to the Conditional Use Permit should not be confused with a "Group Home," which does require a Conditional Use Permit. A rezoning from R-5 Residential to 0-1 Office for an administrative building for the Catholic Charities on a parcel adjacent and to the north was approved in 1985. Expansions of the church were also approved by the City Council in 1985 and 1988. There was one (1) condition associated with the 1988 approval that ASSISI HOUSE Agenda Item 15 Page required best management practices be utilized for controlling stormwater. Most recently, a Columbarium was approved by the City Council in 2003. There were no conditions attached to that approval. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church with parking lots SURROUNDING LAND North: . Lodge and church / R-10 Residential District USE AND ZONING: South: . Rosecroft Street • Single-family dwellings / R-10 Residential District East: . Princess Anne Road • Single-family dwellings / R-10 Residential District West: . Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There does not CULTURAL FEATURES: appear to be any significant natural resource or cultural features on the property. 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): Princess Anne Road, in the vicinity of the site, is a minor urban arterial. There are currently no roadway projects in the CIP scheduled for this section of Princess Anne Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 31,205 ADT 14,800 ADT (Level of Existing Land Use — Road Service "C") - 27,400 ADT 55 ADT for church ' (Level of Service "E") 918 ADT for 600 seat church on Sundays Proposed Land Use 3- 72 ADT for church plus dwelling 935 ADT for dwelling plus the church on Sunda s ASSISI HOUSE Agenda Item 15 Page 2 Average Daily Trips Zas defined by existing 600 seat sanctuary 3 as defined by addition of a dwelling, a difference of 17 ADTs WATER: The proposed dwelling must connect to City water. There is an existing eight -inch City water main in Rosecroft Street. There is also a 12 -inch City water main in Princess Anne Road. The parcel currently has a one -inch water meter what may be used or upgraded. SEWER: The proposed dwelling must connect to City sanitary sewer. Analysis of Pump Station 422 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There is an existing eight -inch sanitary sewer gravity main in Rosecroft Street. There is also an existing eight -inch City gravity main crossing the property near the area of eastern property line through a 20 -foot wide utility easement. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions. The recommended conditions are provided below. Comprehensive Plan: The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. 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. Evaluation: Correspondence from the Department of Human Services states "As we have long documented, there is a significant waiting list for housing that will meet the needs of persons with disabilities who have limited resources. Collaboration between nonprofit and faith based efforts can help address this need in a meaningful way in our community..." The Zoning Ordinance defines this type of dwelling as a "family" unit. As such, the dwelling is allowed as a matter of right within any of the residential zoning districts. The request is before the Planning Commission and City Council as the Zoning Administrator has determined that the existing Conditional Use Permit for the church does not cover the addition of a residential dwelling (as it was not shown on the original plan for the church). The applicable definition of a "family" for this instance is as follows: A group of not more than eight (8) mentally ill, mentally retarded or developmentally disabled persons residing with one (1) or more resident counselors or other staff persons and licensed by the department of mental health, mental retardation and substance abuse services; provided, that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Comprehensive Plan states that developing a mix of compatible uses within well-designed structures on appropriate tracts of land are acceptable in the Primary Residential Area; provided such projects ASSISI HOUSE Agenda Item 15 Page 3 contribute to the quality, attractiveness and livability of the neighborhood. A neighborhood may be defined as a cohesive arrangement of properties, structures, streets and uses, within an area most or all of which is residential, that share distinct physical, social and economic characteristics. The uses referenced above suggest that there are nonresidential uses, such as churches, that are compatible and provide valuable services to citizens. The Plan recommends that when considering nonresidential uses within the Primary Residential Area, it is important to take into account the unique character of the affected neighborhood and make adjustments as necessary to protect it. It is Staff's opinion that the applicant has provided an application that passes this test. For example, as the proposed structure is a residential dwelling and the design is appropriate. The proposed exterior building materials reflect the materials used within the residential neighborhood adjacent to this property. While the proposed dwelling will be larger than surrounding residences, the fact that the dwelling will be one story ranch, oriented diagonally on the site, and screened with landscaping to reduce the scale of the dwelling, work to make it not appear out of scale with the surrounding area. Traffic Engineering staff indicate that the addition of the dwelling will likely increase the average daily trips by only 17. This does not reflect a significant number as the property could potentially be developed with several single family dwellings, each with 10 average daily trips. CONDITIONS The existing Use Permits for the church located on this property are modified to allow a dwelling for a family consisting of a group of not more than eight (8) mentally ill, mentally retarded or developmentally disabled persons residing with one (1) or more resident counselors or other staff persons and licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services; provided that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. 2. The dwelling's location on the property shall be in substantial conformance with the exhibit entitled, "Preliminary Site Plan of the Assisi House for the Church of the Ascension," prepared by Site Improvement Associates, dated 11-08-07, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. Shifting of the footprint of the building to the west in order to lessen the length of the facade parallel to Rosecroft Street shall be permitted upon review and approval of the Director of Planning. 3. When developed, the proposed dwelling shall be constructed with exterior building materials and an architectural design in substantial conformance with the elevation entitled, "The Assisi House," prepared by Mod-U-Kraf Homes, L.L.C., dated October 2003, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. Shutters shall be added to the windows. 4. At a minimum, landscaping shall be installed as depicted on the exhibit entitled, "Preliminary Site Plan of the Assisi House for the Church of the Ascension," prepared by Site Improvement Associates, dated 11-08-07, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. This landscaping shall be a mix of at least 13 trees (minimum 2 — 2 % inch caliper at time of installation) and 50 evergreen shrubs (minimum height of 24 inches at installation). A landscape plan depicting this plant material shall be submitted with the final site plan for review and approval. 5. Access to the building site during construction of the dwelling shall not be via Rosecroft Street. The staging area for construction materials and equipment shall be located on the interior (northern) side of ASSISI HOUSE Agenda Item 15 Page 4 constriction site. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ASSISI HOUSE Agenda Item 15 Page 5 Assisi House: Operational Summary Assisi House is a nondenominational, nonprofit group seeking to provide a family oriented environment for mild to moderately retarded adults. The Bishop of the Richmond Diocese has given Assisi House use of the land, free of charge. The residence is a private -pay facility and is not a Medicaid facility. The program for the housing, care and welfare of the residents does not need a Conditional Use Permit as it meets the City's and the Commonwealth's definition of a "Family." The home actually operates as a family where the residents take care of the house, have chores, etc. There are specific admission requirements for the residents. Each resident must be diagnosed as having mild to moderate mental retardation. They are high functioning individuals. They cannot have history of substance abuse, aggression or psychiatric problems. The operation of the home is not designed or equipped to deal with people with those issues. The occupants are not permitted to smoke and they cannot have any vehicles on site. The residents must file a financial statement indicating their ability to afford to live in the home. Although fees have not been decided upon, Assisi House anticipates charging an initial fee of approximately $6,000 and then an additional monthly fee of $2,000 - $2,500 per month, none of which is paid by Medicaid. Each resident applicant is interviewed by an interview/acceptance committee that includes at least one (1) psychiatrist. If accepted by the committee, the individual stays in the house for one (1) weekend as a trial. It the weekend visit is acceptable, the individual may stay for another 60 days under a provisional invitation. All residents of the home will be employed. Transportation to and from work is arranged through private contractors. The home will also have its own van for outings such as shopping, trips, errands, etc. The residents will not use public transportation, and will not leave Assisi House property without an escort. The home will be sprinkled, have security and fire protection. The staff of the facility will be licensed by the Virginia Department of Social Services. Staff will be on site 24 hours a day. One (1) of the bedrooms will be set aside for the staff member on duty through the night. The Commonwealth will conduct announced and unannounced inspections. APPLICANT'S SUMMARY OF THE FACILITY ASSISI HOUSE Agenda Item 15 Page 6 PROPOSED SITE F ILAN ASSISI HOUSE Agenda Item 15 Page 7 N09839V 3 -LL zo wokoo —amv �"Mdg �16S 3lu h*rw =us r;l PROPOSED SITE F ILAN ASSISI HOUSE Agenda Item 15 Page 7 M I fly PROPOSED BUILDING ELEVATIONS ASSISI HOUSE Agenda Item 15 Page 8 g-2 T <c_�� 10 , X__NNr 0 nus PD—H2 (P —1) 4] �, , — � I �-' \', s ,i a 111 Modification of conditions —�"— CUp (columbariur(l) addition) 12102103 1 12112188 cup (church CUP church addition of communications 01114185 CU p (extension 2 04111100 tower da c are 3 08125198 11118197 CUP (lodge) ZONING (P-1 to CHANGE 0 4 11118197 ConditiGE IOF ZONJNG (R-5 to 0-1 for office 0212 5185 Ct{AN inistrative Catholic Charities adm 5 Granted Granted Granted Granted GrJ.a-n—t Granted Granted �;r na ted ZONING HIS -TORY ASSISI 40US 5 Agenda Page 9 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) See Exhibit B I 2. List all businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) None I I ❑ 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) Most Reverend Francis X. DiLorenzo, Bishop of the Catholic Diocese of Richmond 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 property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 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? Modification of Conditions Application Page 10 of 11 Revised 713107 ASSISI HOUSE Agenda Item 15 Page 10 FJ�MSCLOSURE STATEMENT ADDITIONAL DISCLOSURES i_isi ail known contractors or businesses t6lat have or will provide services with respect is the requested property use, including but not limited to the providers of architectural services. re,3l estate services, tinanclat services, accounting serviices. and legal services: (Attach list if necessary) See t 0,6— C _ -- -Parent-subsidiary relationsn p" rreans 'a rerationsm!p that exists when, one c3rporation directly or ,nd,rectfy owns shares possessing more than 50 percent of the voting po.rve: o' another corporation.' See State and Local Government Conflict of interests Act, Va. Ccde § 2.2-3101 ` "Affiliated business tontity relationship' means "a relabonshlp, other than parent sun!udiary relationship, that exlM when (U ore business entity rias a controlling ownership interest :r the other tusiness entity, (b) a controlling owner in one ontly is also a controfrirg owner in thy► other entity. or (i;.) there is shared management cr control between the bus ness entities. Fac!o,s that should be considered it determining the existence of an aMliated business entity relationship include that the same person or substantially the same person can or mar!age the two entities, there are common or .ommingled fiends or assets, the business entities share the use of the same efflCes or employees or othervase share act:vitres resources or personnel on a regular basis, or there is ol"ir rise a clo" working relationship tetweer the entities - Sae State ano Local Government Conflict of !nterests Act Va Code § 2.2-31 D1. CERTIFICATION; i ceritj tliw the ,n'orrnatto, cr ntai^ed herein is true and a= rate ! uridersta^c' that, ueo-) receipt of notification (postca-o, ;hat the awicat or has beer scheau ed ter cubt,c hear.ry, ! en) responsible for obtaining and posting the required sign cn the suoiect properly at lost 30 eays pro, to the sc'iedu:ed public hearing acca►d ng tc the Instructions in tars aackage. Tne l,.ndersrgned a so corsents lo entry upon the suD)ect property by employees of the Department of Mann rig!c photograph and riew the site for p:rposes of processing end evaluating this appl�csnon i c stupe ----------------- — print Nt1mC Z►�C�r<�J�'Zd proper"; ow,jors Sl nature ( different 4han appttcantl Palm Name n'%c rutin or cq.-w,uu 4ppcaobr one !' of 11 Zewse� ?13,2X7 ASSISI HOUSE Agenda Item 15 Page 11 Exhibit B Officers: James J. McEiligott III. President Evelyn Kiebort. Vice -President Pat Roll, Treasurer Kathleen Lapke. Secretary Board of Directors: Deni Brown Gre, Franceski Joe Kesterson Peter Kiebort Evelyn Kiebort. Vice -President Kathleen Lapke. Secretary James J. McElligott III, President Scan O'Donnell Fr. James Parke Pat Roll. Treasurer Lora Lee Rose Lam- Sancilio Mary Yanisko DISCLOSURE STATEMENT ASSISI HOUSE Agenda Item 15 Page 12 Item #15 Assisi House, Inc. Modification of Conditions 4853 Princess Anne Road District 3 Kempsville March 12, 20C 8 REGULAR Janice Anderson: The next item to be presented. Donald Horsley: The next item is item 15, Assisi House. An ordinance upon application of Assisi House, Inc. for the Modification of Conditions for a Conditional Use Permit approved by City Council on December 12, 1988. The property is located at 4853 Princess Anne Road, District 2, Kempsville. Mr. Nutter? R.J. Nutter: Thank you. Thank you very much. For the record, my name is R.J. Nutter, and I'm an attorney. I have the privilege of representing Assisi House on this application before you. I would like to talk about a few things about the application because it is unusual. Assisi House is a non-profit private entity that proposes to build a home on this property that will house up to eight mildly or moderately mentally retarded people. These people will be residents of Hampton Roads. Most of them will be residents of Virginia Beach and already are residents of Virginia Beach. And they need an independent place to live. This is a society and a city for a lifetime, if I remember our slogan correctly, for all to live in for a lifetime, and that is exactly what we propose to do on this property. The unique part about it, and there are several things that I will talk about, but the unique part about it is that the use we're proposing does not require a Use Permit. The use that we're proposing for mentally retarded people is a use that has been established by the Commonwealth of Virginia to be a permanent use in any residential district in any city or town or county in the Commonwealth. You may not discriminate against mentally retarded people mainly because they are unrelated and want to live again up to eight. That is the law. So simply put, we're proposing a use that is on property that is already zoned R-10, as your planning map shows you on your first cover sheet. This property is zoned R-10. The property around it is zoned R-10; so, you say, why are you here? Why, because it is allowed by -right. Why are you here? The only reason why we are here is because we're located on property that is owned by the district, and the district has allowed the Church of the Ascension to use the property as a church. The church has a Conditional Use Permit. So when property has a Use Permit over it, and you want to add a structure, you are required to modify its Use Permit. So, the proposal before you today is actually one to modify the Use Permit for the church to allow a structure to be put on this property. And what the structure is a residence, unlike a structure the church might want, like a community hall, a daycare facility. Those are the typical type things that you see, and I would argue to you that it has a harder affect on the adjacent properties than a home does on the property that is already zoned residential. So, again, we're proposing to put a home on the residential zoned lot, and a residential area. And that is why your staff is recommending approval. That is why your Comprehensive Plan calls for this type of Item #15 Assisi House, Inc. Page 2 activity, and so forth. Now, I can go about this in two different ways. I can tell you that we're having a right that is allowed by law. In fact, they are protected by law for people, who frankly, need facilities like this. And we can stop there, and I don't think that is fair in the process. We have engaged the neighborhood. We have engaged your staff by telling you really what the program is, even though you don't have to vote for the program. We can say it is irrelevant what goes on with this property as long as we're allowed by -right, in a single family neighborhood. But instead, we've given you all the details of this wonderful, wonderful proposal. Namely, there will be limited to people who live mildly and moderately retarded but who are highly functional. All of these individuals will have jobs. Many of them are currently employed throughout the City of Virginia Beach today. Their records are, quite frankly, that they are outstanding employees with long term relationship with their employers, anywhere from 10 to 30 years, is a typical relationship. Many of you already live and work with them today. I will tell you that they are employed by the City of Virginia Beach. They are employed at the recreation centers. They are employed at the grocery stores. They are employed at any number of facilities throughout the entire city today. They want to live in a residential neighborhood. That is why we're here. Now, let me tell you, and I'll try to address some of the concerns raised by the neighbors. But I wanted you to know what this application really is. The first concern with residents, and this was presented to them several years ago. We had a structure that was about 6,100 square feet. It was a long structure. It had no architectural features to it whatsoever. It was a rectangular feature like that. This will make it smaller and break it up, and come back to us. Over the course of the last two years that is exactly what happened. This structure is today 5,709 square feet, about 5,700 square feet. It has fewer bedrooms, fewer bathrooms, and fewer staff facilities than what was brought in earlier. This structure has been broken up to add features, large indentations, and one of the wings of the home over on the side coinciding with the cul-de- sac here on the side of the property to break up its appearance. I think we have, Stephen, thank you very much, a photograph of the homes, similar to this one that is going to be built on this site. I want to let you know Mr. Knight that we told the neighborhood that if they had architectural suggestions, we would be happy to comply with them. I want you to know that we applied the same exact privilege to the Planning Commission, actually, so we have every intention to adding shutters on to this structure. I will tell you that it is earth toned colors. This is brick, premium vinyl construction, architectural shingle roof. In fact, we had to go back, in this case. This is a different. When we submitted the application, we were complying with this line. This is a 35 foot setback. Excuse me, a 30 foot setback. When we met with residents, they asked us to move the home back 10 feet to 40 feet because of the concern there might be visibility problems because of the cars coming out of the cul-de-sac. We indicated that we would look at that. In fact, we modified it to a setback of 45 feet, an additional 5 feet, without violating any of the setbacks. The plan that staff has and you have in your package is actually 45 foot setback from the front yard. This particular depiction, and what this diagram shows, is the old version but it actually a 45 foot setback. And, it has been set up so that every one of the residents will have his or her own bedroom. There are two bedrooms here and here and two here and here (pointing to PowerPoint). They share a bath. There will be men and women. They will not share the same suite, if you will. There will be two men to a bathroom and two women to a bathroom. There is one staff bedroom on this side of the property on the home and so forth. The sides of the structure have been modified. Item #15 Assisi House, Inc. Page 3 We've broken it up in size. We've reduced it in size. This is now a fully functional, well coordinated project that easily fits on this property. The one thing that I will relate to you is that this is larger than our homes. Yes it is. It is a little different function than normal homes, because it has to serve and people are going to live in a room for their lives, not the whole house. So, it is a little bit larger than that. We had to accommodate for a staff person. But I will tell you that this property, and it has a Use Permit, is just over an acre in size. This home is 5,700 square feet, well under the lot coverage requirement. It is well inside the setbacks for property in the R-10 district. So, we complied fully with the criteria for properties that are one acre in size. Also, you will note that the relationship of this property was designed to be really pointing towards the church. The front of the home faces the residences here, but the access to the home is largely off the back. We've gone through all of this discussion about garages today. There are no garages in this home. I just want you to know that we don't have the 10 — 15 percent requirement, and not because it would be of interest, and they are not going to have things that are going to have stored because they don't have cars. So, in terms of traffic coming in, and as I've told the neighbors on many occasions, they will be taken to and from jobs by private vehicles. Assisi House will maintain a van oil the property to shuttle them to and from different programs, and a wide variety of them live active lives. You will hear from some of the speakers today. They live active and engaging lives. These are highly functional individuals. They do, however, have some certain mental challenges. In fact, those mental challenges are interesting to me, because these are people not to be feared. These are people who present a fear from the outside world. They have to be protected. It is not a question of them hurting anyone. It is quite the opposite. I'm afraid that if someone comes up to them and says can you give me something, they would give it to you. These are not people who low full of other people. As one of my friends once told me, it was a Downs child, said my daughter never has a bad day. It is just not in them. So, these are wonderful people in search of a home. This is an outstanding location. One of the other questions, I know, was the question on stormwater. Somebody asked :me to address that. But I will tell you that the neighbors were concerned about stormwater. We fully have to comply with the stormwater ordinance. Number one, as part of the conditions on the previous applications that the church had is that they had to comply with the s�.ormwater ordinance. The interesting thing about that is that neighborhood does not. The neighborhood was built years ago, so it does not have to comply with the stormwater ordinance. That is perhaps why they have some stormwater drainage problems there today. But this one I will add to that. We will have to have all the water treated on site, and the post -discharge of this property has to meet the pre -development discharge of the property. So, there will not be any stormwater issue. Because they have no cars, there really is no traffic issue. There will be a total of about three parking spaces used on the church's property for that purpose. So, we've tried in every way to answer every question. We've met at least once with the neighbors who didn't have to agree to come. We've offered to meet other times with other members in the neighborhood who could come, and they simply declined this request. So, at all times, tried to outreach ourselves and make ourselves available. In that process, I will tell you we've had a doctor who specializes in working with children/adult mild and moderate retardation. We've had the operator of the program in Richmond, who has celebrated its 20`h year of the program in Richmond, without incident I might add. And it has been a complete success there. So, we've really tried to make sure we Item # 15 Assisi House, Inc. Page 4 had every, if you will, every element available to them for discussion and review. So, I'm proud to represent it. I'm going to ask our Board to stand. Our Board is here today. Many of them had to go but if you're here today, if you could stand? I believe they are all Beach residents. And, they take it upon their heart to try to make this work. And I have no doubt that will be the case. So, I will try to answer your questions that you might have Madame Chairman. Janice Anderson: Thank you Mr. Nutter. Are there any questions at this point? Kathy? Kathy Katsias: I know in one of the letters that we received, they question the lighting. The exterior lighting, can you elaborate on that? R.J. Nutter: Yes. I heard that this morning. I apologize Kathy. You're right. It will have standard front porch lighting. There is no need for any excess lighting, if you will, in this case. It will probably have some sort of flood light in the backyard like most people do. But there is nothing here. There is no commercial lighting, if you will. The only commercial thing about this house is that it is going to have a lot more security in it than a normal home would. There are buzzers on doors, just in case doors open, to let them know that someone is trying to leave the home. No one leaves the home unless they are attended with one of the staff or family member. So, there are those kinds of things of protection. But it is going to be standard, just like every home in the neighborhood has, with the same type of lighting. Kathy Katsias: Also, the three staff members? What educational background? Are they licensed nurses? R.J. Nutter: They are licensed by the Community Services Board. The Community Services Board performs routine announced and unannounced inspections of the property. That typically occurs about every three months. The inspections are very rigorous. They include not just program but living conditions, and I will tell you that the one incident when the program in Richmond was written up was because the temperature of the milk, the milk in the refrigerator, was two degrees below what they felt was safe. It is that degree in inspection. I'm not so sure I could, at my house, could pass that inspection. But all that is inspected. The staff, itself are licensed by them. In addition to that, the staff all have some degree of training in CPR, life saving activities. Many of the staff will be, quite frankly, graduate students who are in training in one of the social services or nursing. That is how it is in Richmond. We're looking at the same type of qualified people here, but they are a professional staff. Now there are three total staff; however, having said that, it is really typically one to two staff persons there during the day. There is one person there during the night and in the mornings, because quite frankly, around 7:00 to 8:00 to 9:00, the residents have gone to work. They are not there. So around 4:00 p.m., they increase the staff to two because they help with dinner and preparation of that, but that is pretty much it. You will have another staff person typically on the weekend. The weekend staff is a little different. They typically stay the entire weekend. They live the entire time during that tie period. Many of them are the graduate students, quite frankly, but they're looking for opportunities Item #15 Assisi House, Inc. Page 5 to further their degree, and have some income while they're in graduate school. So, with the staff, it is a professional staff that is involved. Kathy Katsias: So, when one of the eight residents, do they sign a lease? When they're accepted to the program, what procedurally happens? R.J. Nutter: I'm glad that you asked that. There is a rather elaborate admissions process for people wanting to live here. First there is a backlog of people who are interested. I will tell you the criteria. dumber one, you have to be certified as either mildly or moderately mental retarded. There are four degrees of mental retardation. This is the highest two functioning levels of retardation. Elsewhere in the city, the City currently operates eight other houses that are in residential neighborhoods, all through Virginia Beach today. They have never been part of the Use Permit process. It is not required. Interesting thing about those houses, many of those houses accept people who are more severe acutely mildly impacting, unlike this one, which is mild and moderate retardation. They have to be certified for that and must not have a history of aggression. They must not have any history of substance abuse. They must not have any psychiatric problems. Not because the people with mild and moderate retardation don't :have those issues, because they do; it's because this house isn't equipped for that. If you got those issues, you're going to have to go to a facility that is more designed for substance abuse or psychiatric problem. This is a home for people, much like you and I. So, they must not have those things. They must submit a financial statement that they have the financial ability to pay for this home. This is a private paid facility. While it is non- profit, it is still for pay. It typically ranges from about $6,000.00 on initial fee, and approximately $2,000.00 a month to live there. They must have the wheremithal to be able to afford that for the duration of their lives. Once that is done, there is a three member board, a psychiatrist, who evaluates the applicants. If they are selected through that process, they are allowed to live the home for one weekend. If that works out, they're allowed to stay provisionally for 60 days, and if that works out, they are granted admission to the home. So, that is the process. I joke with the neighbors and my wife. I'm not sure we could qualify to live in this home, but at any rate, that is the criteria for being able to live in this home. Kathy Katsias: Thank you. Janice Anderson: Are there any other questions? Phil Russo: As far as the terms of the Assisi House to rent from the Bishop of Richmond? R.J. Nutter: Actually, there is no rent involved. The Bishop has made this property available to Assisi House for no cost. They have to build the structure. The Board has to operate that independently. There are members from the church on the Assisi House Board just because of the congruity between the church and where it is, and Assisi House, but the Assisi House Board is completely independent of the church except for two members from the church. They have the same voting rights, but they are no where near the majority of the Board. The Board has a fiduciary obligation to operate itself for the Assisi House, and so they have their own liability insurance. I know there has been a question raised here as well, their own Item #15 Assisi House, Inc. Page 6 liability insurance just like anyone else. I will also point out that at the facility in Richmond there has not been one issue of liability ever raised by a third party or anyone at the home in the 20 years that has been operating. Janice Anderson: Are there any other questions? Thank you. R.J. Nutter: Thank you all very much. Donald Horsley: Our first speaker in support is Reverend James Parke. Rev. James Parke: Thank you very much. Reverend James Parke, Pastor of the Church of the Ascension. First of all, yesterday, I attended the funeral of Marion Cox. What a wonderful lady here in Virginia Beach, who you may be aware of the Marion Cox Adult Daycare Center and what St. Nicholas did over there. But just a thoughtful remembrance of Marion Cox, and the difference she made. She will be buried at Woodline. I think this is one more opportunity that the Church of the Ascension has to reach out to the community. I think we were honored when we were approached by people, initially by people who had young adults in their family, and their concerns. What happens when they die? That is when we became aware that there are not enough facilities around to look in to and take care and provide that kind of care. So, we have used our property, and we let various people use our church. We have Catholic Charities, one of the offices there on our property. It just seemed to fit naturally. At one point, we were looking even at my rectory that there was one possibility there. The idea was to make it and to keep it residential. So not everything to be buried on the property there, to keep it as less institutional as we could. It has been a real privilege to work with this. Also, to share with you that the Bishop met with our Board. He is very excited about it. But he also said that I want you to look at a higher standard even than state licensing requirements, because again as not a Catholic facility, but the Catholic principals involved. I'm delighted with the Board, and the people who have been involved with this, and the dedication to those people who really need that care. So, we stand ready to support that. We've tried to work with, again, realizing again, it is always "not in my backyard" type of thing and things like this. I think the Board has been trying, really trying, to accommodate a situation, trying to keep it a residential situation, but again, we are concerned how our neighbors are with this. So, thank you very much. Janice Anderson: Thank you Pastor Parke. Donald Horsley: I'm going to murder this one. I think it is John Koehler. John Koehler: My name is John Koehler. I'm the Director of Young Life Capernaum. We work with kids with disabilities and adults with disabilities. Our mission is actually to reach kids that are 11 to 25. We kind of extend the age a little bit, because they take longer to get to high school, etc. What happens is that the adults, the grown-ups with disabilities, they kind of find us. There are not a whole lot for them. What we do is, the best way to think of it is, kind of a social club, and we lift them up. We do crazy and wild fun stuff. We dance. We met at three different churches in Virginia Beach, Chesapeake, and Norfolk. We hang Item #15 Assisi House, Inc:. Page 7 out and we talk about leadership. And they get very excited, because they want to become a "Junior Leader", what we call it, what we call anyone with a disability that can become a junior leader. A lot of these folks that are going to be living in this home are my friends. They will be junior leaders. So, these are the folks that want to fit in. They want to be with us. They want to be with the folks that they think are cool and the folks that are out there doing the things they want to do. And guess what? They are doing them. They are out there. They have jobs. They have romance. I mean, they go through the same things that we've gone through all of our lives, and they deal with it. They have lives. They have stuff they like to do. They do Special Olympics. They come to Capernaum. They just have a ball. They have a lot of fun. And so our mission at Capernaum is to lift them up and tell them that God made them for a purpose, and there is nothing at all wrong with them. In fact, everything is right about them. We kind of help them to lift themselves up; so, having a place like this, a facility, a house really, a home, a facility is not the right word is amazing. It gives them a chance again, to fit in and to be part of society. The one thing that I want to tell you, is that besides from their disabilities, they are so able bodied in so many different ways. The first thing is that they are citizens. They vote. They are here. They pay taxes. They are going to pay monthly payments just like we do. Okay? They are going to pay for groceries. They are going to do all sorts of things. This thing is blinking? Does that mean I'm done? Janice Anderson: You're getting close, when it starts getting red. John Koehler: When it starts getting red? Here is what I want to tell you. They are the real deal. They will be a blessing in this community. They will bring their love. They will bring their lives, and they will be good citizens. They will be, and I don't know if they will be model citizens. I live at the North End, and I don't know how many model citizens we have down there; so, I would trust these folks with my children. Let me tell you that. And, I think this is a fantastic liouse/home, and I just ask you to please make the right vote on this and back it up. Thank you very much. Janice Anderson: Thank you. Eugene Crabtree: I have a question. Real quick. Can you give us some examples of where your people are in employed just so that we have a broad idea? John Koehler: Sure. Eggleston Services is probably one of the most common one that is thought of. They do a lot of different things. Everything from laundry services to "you name it"; so, they are very good at working with people with disabilities. Walgreens has a great program over ther.-. There are some restaurants around town also that let folks come in, and they train them. You know, the Purple Cow, right in the back washing dishes. And sometimes, out front; so, you will be surprised what they do. It is not out of pity. It is not out of pity it is because, you know what, these folks are our brothers and sisters. Janice Anderson: Akre there any further questions for Mr. Koehler? Thank you. John Koehler: Thank you. Item #15 Assisi House, Inc. Page 8 Donald Horsley: Okay our next is a stranger, I think. Mr. Bob Miller. Robert Miller: I'm Bob Miller. I'm a professional engineer as most of you know. I have been involved in Special Olympics for 28 years. I think most of you know that too, but just to be sure that you understand, I'm not speaking for Special Olympics officially. I've also been involved in a program called Biznet, where we build houses and have bought houses in the City of Virginia Beach for the, and I will call them challenged instead of your word. That is what they would prefer. We have been able to have a great successful program, but it is a financially tough program. I am not speaking for them either by the way so we get that straight. I'll speak for my friends. Over the 28 years, the one thing that they have consistently shown me is that our educational system in Virginia Beach is a fantastic system. We do a great job with Special Education. Some of the most unique people I have ever met in my life are our Special Education teachers. Once that program really got its strength and we mainstreamed, which is the newer words in the last 15 or 20 years that young people, in all of our high schools, and so forth that are mentally challenged, they've had a chance to really mature and grow. This is a great patterning. They learn how to keep check books. They learn how to keep a house to do the things that anyone else would, and of course, how to have a job. At 21, we graduated from high school. I'm here to tell you that it is not a great day for them because if they don't have a job, if they don't have an opportunity to keep learning, and to keep growing in those patterns, things get very difficult. There is a very quick slippery slope that I've observed that several of them, many of them have had to take. The other thing that happens over a period of time is that, like Gene and I, and some of the rest of you, none of the ladies. You lucked out. You get older. Your kids get older. There is a point in life where those kids need to be adults and they need to be independent. Really, this is what this type of house does. It gives them an opportunity to be independent. One of the key things that you will not know, and that is the fact that there is a need here that cannot be met. Biznet does a great job. The City's Community Services Board and other activities, we need the churches. We need the facilities in our neighborhood that can keep up some of this load and carry it. The last thing I will tell you is that transportation is the key issue. Not the transportation that everyone is talking about in the General Assembly right now. Let me get away from that one. Being able to pick people up and take them to work. And do you want to know where they work? They work at Ruby Tuesday's. They work at Chick-Fil-A. They work everywhere. Anywhere they can get an opportunity, and they do a great job. Thank you. I know you are going to support this, because if you don't, I'm coming back to see you. I'm sure you're going to support this. Sincerely, it is the right thing to do, and I really applaud you and applaud the church for going to this type of activity. This is what we need in our community. There is a huge need. Thank you again. It was nice seeing all of you. Janice Anderson: Thank you. Donald Horsley: Thank you Mr. Miller. The next speaker is Stephen Ford. R.J. Nutter: Stephen had to leave early. I apologize. Item #15 Assisi House, Inc. Page 9 Donald Horsley: Okay. How about Joe Hoppel? Joe Hoppel: Good afternoon. Well, almost good evening. My name is Joe Hoppel. My wife and I have been members of the Church of the Ascension Parish since 1973, when it first was organized. Part of our Parish mission statement is to serve one another and our larger community. And that is what we're trying to do this project. Among the programs that we sponsor, Meals on Wheels, Habitat for Humanity, Catholic Charities, Food Closet and many others, we would like to expand these services to the mentally challenged through this group home. My wife and I had an occasion to visit several group homes in Virginia Beach. We've found them to be very neat, clean and well managed. It is an opportunity for people with mental challenges to live as near normal a life as possible. That is what we're asking you to hell) make possible with this change. There is an urgent need for more group homes. Many times, adults with children with mental handicap chose to keep them in their own homes and to raise them. But as the parents get older, it becomes a problem. What happens when I'm no longer able to take care of them? Where do they go? A group home is a perfect solution to this; so, we're asking you to help these parents, and also the mentally challenged to lead a normal a life as possible. Thank you. Janice Anderson: Thank you sir. Barry Knight: Sir, you have a very resonating voice. You ought to consider radio. Joe Hoppel: Nowadays, you can't make a living in radio. Donald Horsley: Okay. Our first speaker in opposition is David Mansfield. David Mansfield: Good afternoon. My name is David Mansfield. I live at 4936 Rosecroft Street, which would be the house that would be immediately to the southwest corner of the proposed construction area. Today, I'm representing several residents of both the Brookfield Crossing area and the Larkdown neighborhoods who could not be here today because of the scheduling. I've read the application. I've listen to the recommendations made by the Planning staff. I was at the informal presentation this morning, and I just heard the formal presentation recently. Well, all of us agree that there is a need for this type of housing. We are opposed to the approval of this application for a number of various specific reasons, mostly relating to the structure itself. We do not feel that this structure or this structure in the neighborhood is in keeping with many of the precepts of the Comprehensive Planning Policy as it currently exists or for that matter, many of the points which were addressed as we talked about the changes to the Oceana Community Preservation things that were discussed at one of the earlier presentations today. Several of the key points that I would like to bring out are one, the original rezoning request in 1985 to build the Church of the Ascension was within those guidelines, and met most of the goals. However, since that time there have been seven separate zoning changes and/or Conditional Use Permit changes. There are also two additional residential structures in the immediate area that are located on the northeast corner of this property that is used by the Church of the Ascension as office and rectory facilities and residences. As a result, the original zoned area has become much more than just a Item #15 Assisi House, Inc. Page 10 community church. The activities surrounding that facility have, in effect, become a mini - mall of activities in the surrounding neighborhoods. The impact of the approximately 200 vehicles that the parking capacity currently supports on the surrounding area, and that traffic through the access predominately on the southwest corner of the parking on Saturday evening for church services, the multiple Sunday morning church services. The facilities that occur are the Bingo nights on Monday nights, the CCD meetings on Tuesday nights, the frequent Friday and Saturday night uses of the Parish Hall, by both church and non -church activities, as well as the frequent Saturday weekend bazaars, flower sales, clothing sales, and other things are significant. It has become a joke, not only for our family, but many other people in the neighborhood, that on Saturday night, if we want to go out to dinner, we have to leave before 5:30 at night or wait until after 7:00, because otherwise it is dangerous trying to get out of my parking area because the traffic refuses to acknowledge or even pay attention to the stop sign that exists there. There is simply way too much traffic. The size of the lot is nearly twice the size of what we have in anything in the neighborhoods. The size of the structure is nearly three times the size of the footprint of any other structure in the neighborhood, as well as, the nature of the architecture of the proposed structure simply does not fit in our neighborhood. These are all factors that have contributed to literally degrading our neighborhood and having potential economic impact of it. The other point that we would like to bring up is well, we agree to the need for the house, and we commend the Catholic Church for what they want to do. We question the fact that they have chosen to put this structure on the point of land farthest away from any of the other church buildings and structures. An area that has for the last two decades been essentially a barrier and berm area between the church activities and the surrounding neighborhood, and it has been used as a quasi -official green zoned playground area, both for the church and the neighborhood activities. Why not put the structure closer to where the existing church facilities are so that this unit does not stand out as an unusually large unit in a neighborhood area that doesn't fit in with the rest of the neighborhood? The only other item that we would like to bring up is the fact that because the stormwater issue has been addressed previously, we don't want to talk about that, but we do raise the question that the Planning staff makes mention of the fact that there is no vehicular access directly associated with this. Yet, can I go back one slide (pointing to PowerPoint) on the side? The one that shows the actual zoning area? If you look at the R-10 zoning area that is outlined in red, that zone goes all the way to the west to the existing property line and utility easement as well as goes to the north to include the nearly 28 parking spaces that exist in those areas. So in effect, the rezoning or the area being considered does provide an access to Rosecroft Street, and it does include currently 21 areas to the west and 38 areas to the parking lot north, and so it does in fact incorporate direct access to Rosecroft Street. And based upon the normal traffic usage in and out of the other areas there, it is our presumption that most of the "transportation" that would be provided for these people would be via Rosecroft Street, not off of Princess Anne Road, which is where the primary address is. We feel strongly that these need to be considered. We would ask that in the event that the Planning Commission does recommend approval, that there are some additional conditions that need to be added to the area, one, which has already been addressed, the issue for stormwater management. Second would be that prior to the construction of this facility that all of the licensing thing which have been addressed for either the City or the State or the Social Services Commission that those licensers be Item #15 Assisi House, Inc. Page 11 substantially approved. We know that they can't be finalized until the structure is there, but all of that licensing would be approved so that we don't end up with a building being created, then the proper licensing isn't obtained for. Third, that if it is constructed, that a condition of the requirements would be all of the construction staging involved with this building would be located in the parking lot area north of the area, not along the west side, and that all construction traffic in and out of that area would be via Princess Anne Road and not off of Rosecroft Road. 'Thank you. Janice Anderson: Thank you. David Mansfield: Are there any questions? Janice Anderson: Thank you sir. Donald Horsley: Our next speaker is Quinn Miano. Janice Anderson: Welcome. Quinn Miano: Thank you. Planning Commissioner and members of the Planning Commission, I promise not to take up 24 minutes like Mr. Nutter did. During the 1975 era, the Richmond Diocese of the Catholic Church approached the Planning Commission to obtain a Conditional Use Permit because of a residential area, on what is now the Church of the Ascension. The planning idea called for placing a church on a parcel of land over nine acres, with the church position on the front of the parcel near Princess Anne Road thusly allowing adequate buffer space for the residences of Larkdown subdivision, and this request received no opposition. Janice Anderson: Excuse me sir. Can I break you right now? They want you to announce your name for the first for the record. Quinn Miano: Oh, I see. My name is Quinn Miano. I am a resident across the street from the parcel in question. Janice Anderson: Thank you sir. Please continue. I'm sorry to interrupt. Quinn Miano: There have been many requests for modifications to the Conditional Use Permits that have been granted with no opposition since that time. Some of those use Permits that were granted have now caused havoc in the neighborhood. If applied for today, would surely receive neighborhood opposition. I do not believe that was ever the intent of the original planning committee to allow a structure the size of this proposed quasi -motel to the rear parcel of 1. -his nine area tract that was meant for church use. I realize the decision to approve this project has probably already been decided before today's meeting, as the City is always pushing for homes of this nature in Virginia Beach. It would be practically impossible probably for you all to make a bias decision on this matter in this type of environment. The Planning Department staff is stating that the "exterior material is similar Item #15 Assisi House, Inc. Page 12 to the surrounding neighborhood", and therefore, the project should be approved. This is about as we can reason as I can believe that possibly exists for approval. There is nothing remotely similar to this proposed project in the neighborhood. Nothing. The neighborhood Comprehensive Plan is suppose to protect the area from in intrusion of this magnitude and it is obviously not doing it. I therefore request that you reject the proposal for the project, and should you decide to approve it, with total disregard to every neighbor adjacent or across from the project, please add a condition to the approval that the ingress/egress from the church parcel onto Rosecroft Street be closed off completely, as the secondary road cannot handle the current traffic flow from the church property. Rosecroft Street will be substantially picking up the added traffic, not Princess Anne Road that was presented by the Planning Department. Thank you for your time. Janice Anderson: Thank you very much. Donald Horsley: The next speaker is Bill Wunderly. Bill Wunderly: Good afternoon. Well, almost evening by now. My name is Bill Wunderly. I'm at 4937 Rosecroft Street. Although water runoff has been addressed here, I would like to give you something that I know, in fact. The water runoff is extreme in this area. Of all the buildings that have been put in such as the pavilion, the new priest house, the columbarium, the new addition to the church and the Catholic Charities, they have all taken a big footprint out of what's water runoff. We still fit into the Chesapeake area as far as dumping water. Now, if you go look in the ditches and the canals, you will see that no longer has the City been cleaning them out. We used to be on a routine basis. They would go in and clean out the sewer, so the water would go. It doesn't happen any more. When we get heavy, heavy rains, we get flooded in the street, and coming over the backyards and some of the people who are facing those canals. Now, this building that they are going to be putting on there is a big foot to where we're going to lose water runoff. I can tell you that it has never happened before. When I went in here in 1979, and about ten years, I wanted to build a porch and a deck. The porch was okay because it was going over a cement patio, so there was no runoff. My deck went out over the yard, and I could not put that deck, even though the water is going to run down through the openings, I could not put that deck there without digging at least four inches of sand on top of two inches of gravel to be put on top of that. Yet, we're taking this church. It has all these feet, putting a bigger foot in there and saying everything is alright even though the ditches are no longer being maintained, and there is a lot of water runoff and flooding in our area. Thank you. Janice Anderson: Thank you sir. Donald Horsley: We have Jenna Kestenbaum. Jenna Kestenbaum: I'm passing around pictures. Janice Anderson: That will be fine. Welcome. Item #15 Assisi House, Inc. Page 13 Jenna Kestenbaum: Please convey this to the Council. My name is Jenna Kestenbaum. I live at 4909 Rosecroft Street, which is to the southeast of the project. I have included pictures being passed around showing a scale of the actual building. I think I put it around backwards. Sorry about that. It is approximately the same location as it is currently being proposed. This is to give you a sense of how enormous it is compared to the surrounding neighborhood. I'm addressing you today as a resident in Larkdowns, within Kempsville in the City of Virginia Beach. My neighborhood is 40 years old. I am proud and grateful to be a resident of this neighborhood, and the city, in which I live. Virginia Beach is a sterling city, which has thoroughly guarded the best features of itself as it has continuously grown. That has been the purpose the Comprehensive Plan. Let me draw your attention to some key points from the Comprehensive Plan. On Page 29, Introduction and General Strategy, Section 5, Healthy Neighborhoods. It states that especially in our older neighborhoods we must assure that the process of infill on vacant or under developed lots reinforces the positive aspects of neighborhood character, and balances reasonable expectations of neighbors capitalizing on development opportunities with the reasonable expectations of neighbors interested in retaining the positive aspects of community character. Our Comprehensive Plan continues to address this within neighborhoods on Page 193 of Community Appearance and Design. It states scale is vital to achieving compatibility. The ratio of the structure size in relationship to its surroundings is one of the most important aspects of scale. It continues to explain building mass and overall size and height of the structure should be appropriate to the surroundings. Now, I'm already on yellow so I'm going to go past the obvious. Mr. Nutter states how many rooms this structure has. It is 6,000 square feet. When you survey its height, its height is 18 feet 10 inches. This ranch is approximately 7 feet taller than my ranch. Additionally, the elevation of the land on which it is proposed to be erected is the highest point on the entire street. This one-story building will then stand about even with all the two-story houses on our street. In every respective scale and building mass, as eloquently explained in our Comprehensive Plan, this structure cannot possibly be considered an appropriate addition to Rosecroft Street as it is currently proposed. Assisi House may be a beautiful swan in its conception and its purpose, but it will still be the ugly duckling overweening, cumbersome, and distracting from the rhythm and flow of its surrounding neighborhood. Unlike an ugly duckling, however, this object will be a permanent fixture even if the currently proposed use changes or departs our neighborhood. Our block will forever be burdened with this misfit giant. Are there any questions? Janice Anderson: Are there any questions? Kathy Katsias: Can you show us on the map where you currently reside? Janna Kestenbaum: I am there (pointing to PowerPoint). Kathy Katsias: You have a ranch or a two-story? Janna Kestenbaurn: I have a ranch. Kathy Katsias: How many square feet is your ranch? Item # 15 Assisi House, Inc. Page 14 Janna Kestenbaum: My ranch is 2,540 square feet. Kathy Katsias: That's a 10,000 square foot lot. Correct? Janna Kestenbaum: I don't know how many square feet it is. Janice Anderson: Ma'am, do you want to come back to the podium? Janna Kestenbaum: My lot is approximately one-third the size of the R-10 lot right therein red. Kathy Katsias: Well, that is 9,000 square feet. That proposed area where they are going to be building. Janna Kestenbaum: No. Actually 9,000 square feet is what it is going to be covering. Kathy Katsias: Oh, I'm sorry. Janna Kestenbaum: You have a 6,000 square foot building and then you add 2,000-3,000 feet of cement for a walkway, porches, handicapped access ramp, utility pads, and all the rest, then you have a 9,000 square footprint. That is the actual footprint of the project. Kathy Katsias: But I think all of that is going to be accessed from the parking lot and not from the grass area. Janna Kestenbaum: We're not talking about access. We're talking about the size of the structure. Kathy Katsias: Fine. Thank you. Janice Anderson: Are there any other questions? Thank you ma'am. Donald Horsley: Our next speaker is Pat Miano. Pat Miano: Thank you. Janice Anderson: Welcome. Pat Miano: Ladies and gentlemen, than you for listening. I have laryngitis, so I will be brief. As you mentioned for the record, my name is Pat Miano. I live at 4917 Rosecroft Street, directly across the street from the proposed house. I have some petitions here with me today from eighty of our neighbors who could not be here today because of work commitments. If I may just present them to you all as a matter of record. I also have some pictures that will maybe put this in perspective as to what we're talking about. I noticed that at the 9:00 a.m. briefing this morning the pictures of the grassy knoll and the area around there, did not even Item #15 Assisi House, Inc. Page 15 show one vehicle. I would like for you all to pass that, and I want you to see what we have to deal with on a normal weekend, Monday night bingos, and this sort. But you can tell by the grass knoll up, which Janna was talking about. This is an elevated parcel of land; so, the structure that they want to build will really be gigantic compared to the rest of the houses that are right across the street. I'm going to be brief. The grassy knoll was originally intended to serve as a buffer between some of the church activity, the noise from the traffic and the neighborhood. But now, you are all considering building a 6,000 square foot building that looks like a doctor's office or medical facility or a dental complex. It simply is institutional looking. None of -as here today are opposed to the need, and we certainly know that we want these folks to be protected. As Mr. Nutter said, they need protection, and I couldn't agree more. This particular environment is not a safe environment. There is a lot of crime in the parking lot there that I think some of the other members in the neighborhood will attest to or will speak on later. But because of the sense of brevity, I didn't want to go into that. We have some violence and drug deals that go down in the neighborhood. We have reports on record of just what kind of activity takes place over there. And to put mentally challenged handicapped individuals in this environment is very reckless. The other thing that I wanted to address is that there has been very little opposition to previous requests to modify this property because It was always understood from many of us that this was a reasonable request by either community expanding the vision of church. I belong to Ascension. I've been therefor 30 years. I've attended this church. So, it has been heart wrenching for me to speak out in opposition to what they propose. But hear me out. It was understood by many of us that this project was always going to be under the stewardship of the local church and its resident pastor. This latest project does not meet the same criteria. We have been told from the very beginning that the Ascension Catholic Church will have little to no involvement in Assisi House. The Bishop donated the land, but that is as far as it goes. There will be no oversight by the local church or its pastor in its day to day operations. We all want to provide adequate care for our loved ones with special needs. But please be objective and think this through carefully. What is the driving force behind the project such as this? Lawmakers like to call it a collaboration between a non-profit and a faith based effort. In my opinion that is politically correct language for a commercial venture for a development opportunity. Assisi House is a separate entity. It is non-profit created for the sole purpose of erecting a residential treatment or a group home. Whatever you want to call it, their care is not free. Assisi will be receiving a handsome fee. There is an initial fee of 56,000, plus an additional $2,000 per month, per resident. My point is that is if Assisi is allowed to develop this commercial project right smack dab in our residential neighborhood, then what or who will come next? It is the camel's nose under the tent, if you will? What is to prevent a Sentara or Bon Secours from coming into your neighborhood and erecting a similar facility? Why do you think the Assisi Board has been so opposed to our request to raise these adults in smaller residences that are of similar size in nature and like other homes in the neighborhood? What mechanism will be in place to prevent Richmond or the Assisi Board from using the building for any other purposes than what we are addressing today? We all know the make up of the Board will change every few years. What if Richmond decides as a compelling need all of a sudden for residential treatment of people with a history of sexual misconduct, schizophrenia, depression or addiction or serious psychotic or disorders? Once this building is constructed there is nothing we can do about it. The bottom Item #15 Assisi House, Inc. Page 16 line is that the design of the Assisi the way it is presented before your Commission does not comply with the 2003 Comprehensive Plan for primary residential, and I ask you to vote no on the project. Thank you. Janice Anderson: Thank you Ms. Miano. Donald Horsley: The next speaker is Kelly Bondurant. Kay Sharon: Mrs. Bondurant had to leave because she had to pick up her elementary children; so, my name is Kay Sharon. I live at 4945 Rosecroft Street in Virginia Beach, in the Kempsville area that we're talking about. So, this is her letter to the Commission. It says Hi. I am Kelly Bondurant and own and reside at 4929 Rosecroft Street, directly across the street from the proposed project. I am the mother of two children, one who has been determined to be mildly mentally retarded. Because of this, I am very torn about the proposed project. I know first hand the need for projects such as the Assist House, and am aware that one day my daughter many need such a residence. I also know that I must protect the value of my home so that one day she may reap the benefits of mine and my husband's investment. Although all the studies would like to tell me that the Assisi House will not impact on the value of my home, I don't believe this for one minute. I see daily the prejudices against the mentally disabled, from the people at the parks, the shopping centers, schools, and unfortunately, some of my own neighbors. My same house for sale a block away would sell quicker and for more than mine shall if the project is approved in its current plan — this is unfortunate and bothersome. I don't believe the proposed plan fits in with the houses immediately surrounding the project. All of the houses adjacent are approximately 1/3 the size, at least half brick, and do not look like modular homes. Nor does it seem to blend with the appearance of the other church buildings. I agree with the need for quality residences, but would hope there is a way to scale down the building footprint. I appreciate the quality landscape plan and hope to have assurances that should this project be approved the landscaping shall be supplied and properly maintained. I also hope to have assurances from the City that they will look into poor stormwater drainage on Rosecroft Street. A building with the proposed square footage, will definitely impact the runoff situation. Thank you for your time and consideration. Please know that I am not entirely against the Assisi House project, but the scale of the project itself. Janice Anderson: Thank you very much. Donald Horsley: The next speaker is William Bailey. Janice Anderson: Welcome. William Bailey: Commissioners? Thank you very much. My name is William Bailey and I live at 4841 Rosecroft Street, which is, I guess, could be that house on the corner. Right there. First of all, let me say I was offended to hear that it was said that we didn't want this project in the neighborhood, and that we didn't want the handicapped people in the neighborhood. That is not the case. I have never heard one of my neighbors say that. A year Item #15 Assisi House, Inc. Page 17 and a half, two years ago, we started working with Mr. Nutter and the Board. They were pretty arrogant and told us they were going to do what they what they wanted to do whether we liked it or not:. So, they fired that Board and brought in a nicer board. So, I've worked that Board, and I've talked to the Board, and I've talked to Mr. Nutter. I think they are very nice people, but J want to make it very clear that we're not opposed to having the purpose of that house in the community. What we ask for were two smaller units that match our houses. They said they couldn't afford it. It wouldn't make it work. We've asked them to take the big house, put it up there. They said oh no, we can't do that. We have another use for that property. Let's put it over here. My house is right there. You can put that thing in that big field right there. I will be happy to have it. No, we don't want to do that either. The only thing they want is to put it right there, and they want to charge the mentally handicapped and their families $6,000.00 to begin, and then $2,500.00 per month or $2,000.00. They haven't set the price yet, but by the time they build it and by the time they start to move the handicapped people in, it will be $2,500.00. I did the math for the first year. That is $288,000.00 in year one. You can buy my house for $280,000.00, and I'll sell it to you. In any case, my expertise, and I didn't want to get emotionally into it, but the reality is that is if you take the emotions out, the purpose of it is that it is wonderful. There is a need in the community. I was looking at your report here, and it says that the Department of Human Services states that we have a long documented significant waiting list for housing for people who meet the needs of persons with disabilities who have limited resources. $2,025.00 a month is more then I make, and I am a Fire Captain at the Virginia Beach Fire Department. So, these aren't people with limited resources. These axe not people who are going to be having a real problem with the Department of Social Services that really need. This is not going to take poor people off the street. These are going to be well financed handicapped individuals, and they're going to be moved into this neighborhood. Certainly, the building is three times the size of my house. It doesn't fit. My home is a hand nailed, custom wood structure that was built with vinyl on the outside and brick on the bottom half. It is custom built. There is not: a gusset plate in the whole thing. There is nothing prefabricated about it. You know, we love our neighborhoods, and we love the neighborhood. This just doesn't fit. I think the church is simply preying on the need in the community. I lived in my house since 1990/91. Everything that is going over at the church is about fund raising. They have a Bingo Hall out there. My kids, when they were growing up, you can't let your kids out there on Saturday, Sunday, or Monday, because they will run you over in the street. It has gotten so bad at one poin: that I had to take 2' x 4's and lay them out on the street to slow the traffic down. I would take my cars and park them at the curb in front of my house so they will slow down to make the corner on the street there. By the way, the runoff problem is the City's problem. It is not the Ascension of the Catholic Church's problem. That curb is banked at 22 degrees. It is 2:2 inches higher than the grade that road is supposed to be, and when it rains on a regular clay, everybody on the south side has to move their cars or your car will flood because it doesn't drain, as there are drains on both sides of the street, and the water runs off to one side or the other, not on Rosecroft. It all goes to the south side, because the crown of the street has been repaved four or five times, and it is 22 inches higher than it should be. So, the water doesn't go to the other side of the street and runoff until it overflows 22 inches and then goes to the other side. And it floods from right there (pointing to PowerPoint) all 1:he way to right there. All the way up into my yard and everybody else's. Item #15 Assisi House, Inc. Page 18 I've lost. My cars have been damaged. Every time on a single day when I get up in the morning I have to check to see if it's going to rain because I can't leave my little pick-up truck sitting in front of my house. It rains and I'm gone. I'm going to be flooded. That is not the church's problem. Again, my expertise is in public safety. Today, I went, and there are 14 pages of crimes in Larkdown that has taken place from sexual assaults, robberies, larcenies, and many, many drug things. I went to look at, the Fourth Precinct as you know, have a lot of gang problems. I'm not going to say that is just our neighborhood, but Kempsville Lakes, which is the subdivision over here (pointing to PowerPoint). They have 51 pages of crimes. That is a neighborhood that has a lot of problems in there, and to take the handicapped, I don't like to say retarded, I just don't like it, take the handicapped and put them into that environment with one supervisor 8:00 to 1:00. It just doesn't make sense to me. So, I would ask you to vote no on your recommendation to Council. I know that this goes to Council afterwards, but frankly this project is not ready to go to City Council. They said they would try to work with us. We said that we would like to see these things, and these are the things that we would like for you to move it here and move it there. We'll work with you. I've offered to work maintenance on the facility. I'm retired from the Navy and I'm willing to help them. But if you stick that 6,000 square foot building on the corner, it just doesn't fit. It affects the entire neighborhood. I thank you for your time. Janice Anderson: Thank you Mr. Bailey. William Bailey: Does anyone have any questions? Donald Horsley: I have one. Where is that entrance that people keep referring to, the right- of-way that they're afraid is going to be used? William Bailey: This is the inappropriate part of this layout. They claim that this is a 9,000 square foot layout that they want to do R-10. It is already R-10. Everything is R-10. They don't show you that this part right here where the red marker is (pointing to PowerPoint), from the road on Rosecroft all the way up here to all the way over here is already a parking lot with parking spaces in it. They're counting that as part of the 9,000 square foot lot. Well, personally, there is no BMP. Here is the entrance that we're talking about right here. All of these parking spaces. There is no BMP over there. I mean there is nothing. With all that space you're adding another 6,000 square foot here, and all that runoff is just going to contribute to the problems in the neighborhood. And quite frankly, if they move that building up closer to the church where it would look like part of the church, I don't think anybody has a problem with it. So, if anybody is making a decision not to support the Assisi House, it is them. They don't want to work with the neighborhood and put it in a more appropriate location in the community. Donald Horsley: Thank you. William Bailey: Yes sir. Thank you. Donald Horsley: The next speaker is Clifford Lewis. Item #15 Assisi House, Inc. Page 19 Clifford Lewis: My name is Clifford Lewis. I live at 4921 Rosecroft Street, which is directly across from this project. I do not envy you guys sitting here this long. I know that the mind can only absorb what the posterior can endure. You have been through it today. I'm just going to hit on three points. Very quickly, I'm not going to go into any detail. I'm still concerned with the issue of light pollution, because my house is directly across, and it will shine directly into two of the bedrooms in my house. Any lighting that is over there. We've had a problem with the Catholic Church over there, which has been resolved now, but once they put the ,structure there, we're going to have another one. The traffic on the road is a real issue. That road is 30 foot wide, and as Mr. Bailey said, when our children were small, we did not allow them out in the front yard on those days because of the safety factor. And you put people that are challenged dealing with that with the street, with parking lot over there, then it is going to be very dangerous for them. And my third issue that I am concerned about is that I'm not sure what they're asking for. Since the inception of this project, we've heard that they wanted that location so they would have access to public transportation. Now they tell us they are not going to use public transportation. So, I'm not real sure on what they're asking for. I think we need more final detail as was asked at the permits and the licensing needs to be taken place or in place before this is approved. And with that, I'll thank you for your time. Janice Anderson: Thank you Mr. Lewis. Donald Horsley: Audrey Lewis. Janice Anderson: Welcome. Audrey Lewis: Thank you. Audrey Lewis and I live at 4921 Rosecroft Street, and as he said, directly across the street from this. I've had a very hard time deciding what I should feel like on this. I'm a retired school nurse; so, I have seen the gamut and I understand the need. My church is the Methodist church, and I know that we sponsor homes like this. I have talked to my minister and others, and our facilities take a different approach. So, I'm not against what the building is housing. I am against the size. Our home is 1,800 square foot of living space, of heated space. That is much smaller than this, and I don't care how many trees, how many shrubs, how many shutters you put on that building, it is still not going to look like my brick home, the brick home beside me, and the Bondurant home. They are the three that will be directly across. So, I am very opposed to the project based on the size of the house and the way the structure is going to be. Mr. Nutter spoke that he had talked to the neighbors. I admit that we were out of town traveling when the first notice came out. But I am not aware of a telephone call or a letter from the Assisi Foundation or Mr. Nutter coming to my home, and my son lives there, that invited me, as a neighbor directly across the street to any of the meetings. I know some of my neighbors have made some meetings, because I wasn't in town but I did not receive, my husband did not receive, and my son did not receive any information at our home inviting us. And, I am against the project. Thank you. Janice Anderson: "thank you Ms. Lewis. Item #15 Assisi House, Inc. Page 20 Donald Horsley: That is all the speakers. Janice Anderson: Is there anyone not registered to speak who want to speak? Okay. Mr. Nutter? R.J. Nutter: Thank you very much. I appreciate it. It is hard not to get emotional about this, but I think, I agree everything I can not too. Because I really have to realize that I'm speaking for people, and I like the idea of treating it as mentally challenged. I agree. There are a couple of subsequent things that I have to address that I think are very distinct from what you heard from the opposition. This is not a 9,000 square foot lot. I don't know where 9,000 square feet came from. Nothing that we have provided shows 9,000 square feet. There may have done some math on their own. Can I go back to the site plan for a second Stephen? The property that we have outlined by the Use Permit comes to roughly right about here to the back of that curb here to here and over, is over 44,000 square feet. Not 9,000 square feet. It is over one acre in size. That is why I told you this home on this property will exceed the setbacks, be well under the lot coverage requirements, and yet it is larger than their homes. It is not, however, a violation of the R-10 criteria. It complies with the R-10 criteria on a larger lot. So, it has been designed to function, because its function is a little different than a normal single-family home. So, it is a little larger. It is not 6,000 square feet. Not 6,100 square feet. It is 5,700 square feet. Also, I would like to tell you that for the gentleman who could not be here, we have not changed our plans about how people come and go at this home. Two years ago, when the board, and I did not attend the meeting that was talked about, that at the meeting there was a desire to have public use for public transportation. That has not been the case for two years. We've made that as clear to everyone as we know how to do. But at any rate, what is before you is very clear. The size of the property meets the criteria of the R-10 zoning district. It is larger than their homes, but there is nothing wrong with it, nothing wrong with that at all. In fact, it is a shame to me that we couldn't find a way to accept this home or the neighbors couldn't. Somehow we found a way to accept under consent agenda earlier today, an application to treat wildlife that has been injured around the city in a residential neighborhood, on R-15 lot next to residences with outdoor cages, all those things. We can treat them. We some how can't find a place to house the mentally challenged. I think we're bigger than that. I know that we're bigger than that. So, again, this is an application for a home that is defined by the State for that purpose. You cannot discriminate against who is there. And if the only objection to this is the size, then I'm really sorry. It is not out of keeping with the character of the design of the home. The highest peak, and I don't know if it is 18. I can't even confirm that for you. But you see the photographs. It is not out of keeping with any residential structure. It is larger because of the function that it serves. And that function is one that is protected bylaw. So, I ask you to approve a single-family home and a single family zoned property for people who need it more than others. Janice Anderson: Thank you R.J. I am sure we have some questions. R.J. Nutter: Thank you. Item #15 Assisi House, Inc. Page 21 Janice Anderson: Go ahead Kathy. Kathy Katsias: I think we can all agree, that I think, the residents on Rosecroft, I think a 100 percent are in favor of the project or the use of the home. The main issue is being the size of the home. A couple of the residents said there were other areas on church property that this facility could be housed. Will you explain why? R.J. Nutter: I explain why that is not a good idea. First of all, I would reject that every beginning that somehow it is okay for mentally retarded people to live somewhere else on this property and not here. I want to object to that out right. So, there is not reason why they can't live here, first of all. It is a home on R-10 property, but if you look to the other property that the church has, this portion of the property has been raised as an opportunity. Now, first of all, that is where the church does a lot of its recreation. Its outdoor picnic area is there. So, they would move all of that here. Okay. Move it all here. And you think there are noise issues, light issues, or any other issues that you want to play around with, such as parking issues, traffic issues, and more crime issues. Move that back here. They don't want that. More importantly, the residents of this home want to be part of the neighborhood. That is what this is all about. That is why this is a perfect location. In fact, I will tell you that the other homes that the City operates today, are homes like this, this, this. They are right next door. They don't :have adequate parking. They don't have adequate conditions attached to them. They're not: restricted to lightly or mildly mentally challenged but I will tell you, this a perfect location for this application. Janice Anderson: Kathy? Kathy Katsias: Has it been considered, being that it is an acre site, splitting into and having two houses, which are 3,000 square feet with maybe a breezeway that would accommodate the Rosecroft residents in making it similar to those? R.J. Nutter: That is why we went to this redesign. Originally, we had a long structure and we were asked to break up this structure as we done here. We did just that Kathy. That is why we decided the way we did. We reduced the size. We reduced the internal functions, and we broke up the home like this. So, this needs to function efficiently too. Let me really emphasize that to you, because if you have multiple structures, first of all, we told the neighborhood we're only going to have one structure. We're not going to have additional structures elsewhere on the property. So, if we start breaking it up, we have to start adding a staff person for each one of those homes. And that means you're doubling the staff, doubling the cost. So, it is not an efficient way to operate. But again, this is a single-family home. That is what it is. Janice Anderson: Okay. Dave? David Redmond: l would imagine, as well, just to what you said that these are folks who would probably benefit from some mutual support. Item #15 Assisi House, Inc. Page 22 R.J. Nutter: Exactly. David Redmond: Obviously, what you're trying to do is create a family environment there. If you split it into two, split it into three, split it into four, so on and so forth, all you do is segment, I think. At that point, it almost becomes like pens. And what you're trying to do is create a family environment and support of the environment in a home -like environment. I tend to agree with you that larger that the parcel that you could put this home on, and more that you can have these. I'm sure they are going to be wonderful people who can benefit from that mutual support the better. Janice Anderson: Are there any other questions for R.J.? Go ahead. Joseph Strange: One of the points that were brought up was the fact that the elevation on this land is pretty high, and it is high. We noticed from when I was out there somebody made a comment, Boy, this is a big house. Is there somewhat that could be graded or something? R.J. Nutter: Well actually Joe, we've looked at it, and it is the same topography, in fact, a little less in some cases on some of those properties that are across the street. In fact, we won't have a driveway running up to it like the homes across the street. We just have the sidewalk. Some of the neighbors asked us to eliminate the sidewalk because they thought it might be too steep. But we do feel like there needs to be some pedestrian connection between the front of the home and Rosecroft just because visitors are going to the home and park there. But, it is a little higher, but it is no higher than the properties across the street. Joseph Strange: The other question that I have is it always seems like an architect can do a lot of things to the outside of a home. R.J. Nutter: I agree with you a 100 percent. In fact, this was completely redesigned after the two years to get away from that, to break this home up, and add the features that it did, and still maintain the functions that the home has to provide. Joseph Strange: I think by making the house look a little less straight, maybe some roundness. R.J. Nutter: Actually, we did break it up, as you can see considerably with the wings between it and moving one of the wings back around the cul-de-sac side. Joseph Strange: I'm talking about things like even a bay window or something. It kind of comes out and gives it a little curb appeal instead of a straight line. Somebody called and said it looked like a doctor's office. Anything you can do to get away from that. R.J. Nutter: Like I said, anything like that we can easily do, but we have to maintain the functionality of the home. Joseph Strange: Yeah. I understand. Item #15 Assisi House, Inc. Page 23 R.J. Nutter: We've offered that as well. Also, the conditions that are proposed in your staff write up are correct are acceptable. And some of the conditions, I think proposed by Mr. Mansfield, I believe, we have no objection to us providing that we provide stormwater requirement to this. He raised the point that we would not proceed until we obtain permits. I don't know if could go quite that far, because I suspect that we can substantially comply with those licensing requirements. No one wants to start construction if this isn't going to be licensed. No one! wants to do that. We wouldn't want to do that to the neighborhood. We don't want to do it to ourselves. Janice Anderson: I think Mr. Horsley has a question. R.J. Nutter: Yes. Donald Horsley: Address two things. Address that parking access that gets onto Rosecroft. Is there anyway that the church would eliminate that access on to Rosecroft. R.J. Nutter: I don't know if they would. I would tell you that, and I'll let Father Parke. It is his issue and not .Assisi House. But I can tell you that we know there are many residents of the neighborhood who rely upon that access way as there are those who complain about it. So, it is not as easy as perhaps listening to one side of the argument today, which you may have heard. I won't engage that. I don't live there. I've only heard that. Donald Horsley: The other question was, I mean, one lady spoke about a lot of mischief going on there, drug trafficking and all. Can the Reverend address that, because that situation, I think a security guard might need to be put on the property or something if that is happening. R.J. Nutter: I'll turn over to Father Parke. I don't think they spoke about too much at the property. There have been incidents at the church, but 100 of others there or not. The fact there is crime throughout the neighborhood, these would be the last people to cause that problem. Donald Horsley: I understand that. I don't want to them in there though. Reverend James Parke: There are times where I would have liked to close off that road to Rosecroft just for the sake of especially in the summertime, because we get kids coming through there at pretty high speed, even though we got some bumps coming through during the summertime. So, it is a risk to our staff, but as well, but it is an access road that a lot of people use. Now the light at Brandywine has helped that, but now they can duck through because they can go to that light at Brandywine and Princess Anne Road. So, they will go all the way down Rosecroft now to cut through. And that has cutoff some traffic, I believe, on Rosecroft. And Rosecroft too is a winding road right there too. It is dangerous when people park on both sides of it. Donald Horsley: We have been told that. Item # 15 Assisi House, Inc. Page 24 Reverend James Parke: In terms of, when somebody said that all that were interested in doing is fundraising, and that is really not true. We do fundraising to keep our Parish going, and the activities of 1,250 families. You know, also, our outreach to the local community as well. But the concern has been how we use the hall, and we have been able to restrict that, and now any of our hall rentals, even for Parishioner rentals, we have somebody over there. We've had to work with that. At one time we had parties that went on until 2:00, and I understand what Clint was saying. We haven't talked about the noise not just being in his house, but it was right in his bedroom. So, we've kind of worked at that to make sure. Our goal is not to raise money, but make it accessible to families, wedding receptions and things like this Donald Horsley: How about incidences in the parking lot? Reverend James Parke: There is more of that around the rentals. I don't know about activities there in the parking lot very much. Donald Horsley: We don't want to expose these people to an issue like that. Reverend James Parke: No. That has not been my experience, and I've been there 14 years. So, any police reports I would have on my desk, and I have just not seen them. We've had kids on skateboards and kids like this and other things. We've had some vandalism at our place, but me, and the neighbors have been trying to control that with lighting and things like this. No. I think we're concerned about the Kemspville Lakes area as well, and that is going over to our area, so we are concerned. Donald Horsley: Okay. Thank you sir. Henry Livas: Let me ask one other question. Janice Anderson: Father? Reverend James Parke: I'm sorry. Henry Livas: While you're up there, maybe you address the parking issues. They expressed a lot of concern about that. I think it entirely has to do with the church services and not the Assisi House, but you can tell us. Reverend James Parke: Sure. There are 1,200 families, four services. That type of thing. I have a funeral at 7:00 that I have to get there for. And that precludes some use of the property, because just having the parking lot for the facilities, because again, we can seat 600 for a mass and that type of thing. We get about 3,000 people over the weekend in and out of there. We try to make it safer as well. So, thank you. Henry Livas: So, basically, it has nothing to do with the addition or existing condition? That is an existing condition? Item #15 Assisi House, Inc. Page 25 Reverend Jame;; Parke: There is not going to be any traffic with Assisi House, because they don't have cars, so I don't know what that is all about. There will be some people coming to visit them but no more than whatever. That type of thing. And there is no way we would close off, and w,.- couldn't close off that Rosecroft entrance. That type of thing. Janice Anderson.: Thank you Father. Are there any more questions for R.J.? Gene, I think you had one. Eugene Crabtree: Yes. I wanted to ask R.J. something. R.J., looking at the pictures and all, and the pictures of the house and the layout of the land, is there anyway that you can turn the position of that building to where it was not the longest area facing Rosecroft but maybe on an angle? Can you move it on an angle or turn it sideways or something? It would make it look less intrusive to the neighbors as far as size is concerned. You wouldn't change the size, but it would be a lot less intrusive than maybe on the side that is facing Rosecroft where they are. Maybe think about changing the building material on that side too where it was, even if you use brick on it or one of the sidings like that. Like the siding we required them to do on that one self -storage place on Old Lynnhaven Road. Something like that. It wouldn't increase your costs that much. It would beautify. It would make it look smaller and it is just an illusion, but it would make it much more palatable for the neighborhood. R.J. Nutter: We're happy to. I don't have an architect with me but my sense is.... Eugene Crabtree; The only other thing, I presume that the Bishop was against donating the church down on the corner and sort of behind the church there to move it from where it is to the gentleman said across the street from his house. I presume there was some objection to donating that land? R.J. Nutter: This was perceived to be the absolute best location. Eugene Crabtree: Okay. R.J. Nutter: Yes sir. I have no objection to moving the house. Eugene Crabtree: It was just a suggestion R.J. to try to work it out with the neighborhood. R.J. Nutter: I agree with you. We have already moved the home and redesigned it once and obviously were willing to do that. Janice Anderson: Are there any further questions? Thank you R.J. R.J. Nutter: Yes ma'am. I thank you very much. Janice Anderson: Go ahead and open it up for discussion. Go ahead Henry. Item #15 Assisi House, Inc. Page 26 Henry Livas: I just want to express my support for the project. Among the neighbors, I want to compliment them about getting their letters in early. We did have plenty of time to read them, and react to them. I thought you would have gotten most of your answers concerning those concerns, but generally, we get them that last two days and all that. You were attentive on that. I'll also want to reiterate the need for this project. I understand there are around 600 people on the waiting list to try to get into facilities like this, so it is very important that we take this seriously and go through with it. The traffic issue that I brought up before is strictly a church issue that is going on now, and it has nothing to do with the addition, well, very little to do with the addition of the Assisi House. And sure, the water, that is out there now. So, a lot of these issues that have been brought up are also issues they may have with the church. And, I don't see what high crime area has anything to do with this project. It is two or three blocks away, but these people won't be contributing to high crime, so I don't think that is an issue. So, I did want to make those points and indicate my support for the project. Janice Anderson: Thank you. Henry? Henry kind of touched on some of the things that I was going to say, but if you look at most the complaints that neighbors had, they had to do with traffic, fund raising. These are things that are not going to change if this house is there or not. This house is not going to create any additional traffic to any extent that I think that they will ever even notice. From looking at it, the only thing that I can see that could be changed is the style of the building. I think the Assisi House support has an obligation to the neighbors to really look at the design of the house and do everything they can to make it as residential as they possibly can. I think the landscaping. I think you ought to go overboard for the neighborhood there because it is a little bit larger. And that would be the one concern, that I think that the board has come control over is this architectural and the landscaping and all the other. As far as the other problems, it sounds like the neighborhood has some problems with the church, but I don't think it has anything to do with the Assisi House. Janice Anderson: Phil? Philip Russo: Yes. I just see a tremendous value to this project. The intellectually disabled citizens are living longer these days, and they will now be outliving their parents. And as a greatest generation of baby boomers are passing on, we need more of these facilities to house the citizens. As I see it, it's a benefit to the taxpayers. It looks like the Bishop is giving a deal that you can't pass up. And, as far as some of the concerns that were addressed by the residents, I understand that there is crime in this neighborhood. There is crime in every neighborhood. But, the intellectually disabled, you have to provide them the dignity of risk. They have to have a place like this where they can go and live in the community. One of the individuals, I believe it was a letter by K. Sharon, recognized the prejudices but I see this as a benefit, because by having the intellectually disabled live among us, walk among us, we'll see they are just like a regular individuals, and hopefully, we'll begin to start breaking down prejudices. I just see this as a tremendous opportunity, and something that we as communities throughout the nation need to start addressing. Janice Anderson: Thank you Phil. Item #15 Assisi House, Inc. Page 27 Al Henley: I will be supporting this particular. However, as a couple of residents, which I think was a very valid concern, I believe that all construction should be eliminated from Rosecroft and it should be ingress/egress from Princess Anne Road. That has created a lot of problems in the neighborhood. We have a lot of construction equipment come in to the residential neighborhood. I'm real sensitive to that. They also had some valid concerns about the drainage in the neighborhood. As the lady said earlier, this particular neighborhood is 40 years, and through that time, the City of Virginia Beach has not done the best of maintaining its s tormwater management facilities. I would strongly recommend that you call the Department of Public Works, Highways and Streets, and they will send an engineer or an inspector out. You're shaking your head no. Try again! I would say that the more telephones if not., call the City Manager, and tell him your concerns. If you feel you're not getting the response from City staff, then I urge you to do that. I do that. It gets action. And as a valid concern as for the street elevations, and you indicated that it has been resurfaced numerous times, has increased the elevation on that, also address that with the same department. They can come out and remill that section, and hopefully improve that drainage situation a great deal. As Mr. Crabtree was saying, I think that we can work with that, and there was a lot of head shaking yes, that you can turn that facility, and locate it different, so that we won't be so intrusive, if we had heard from the neighborhood. I think that will be an improvement on it as well. Thank you. Janice Anderson: Thank you. Don. Donald Horsley: The only comment that I will make is that I think the monkey is on the church's back now to make sure that this is done and it is done right, because I can see it appears that it is going to be approved. And I think we know just need to make sure that the parking lot is secure, even if it requires security at certain times of the week. The suggestions about the location of the building on the site, I think that is a very viable suggestion, and all the landscaping that you can put to beautify the site. I don't think we're going to affect the property values in area. I don't believe in that scenario. I don't think this is going to do that. This property is sitting on an acre. Under R-10, you could put four homes on this property under this zoning. You are only going to have one. Even though it is going to be a larger one, I think the church has got to prove it really wants this and try to go out to the neighborhood, and through its congregation, and they have expressed their concerns over traffic, and try to help the church, maybe be a better neighbor to the neighborhood so it can support the Assisi House. Thank you. Janice Anderson: Barry? Barry Knight: I was just going to echo what they said. Like I told you earlier Mr. Nutter, I know that this is a needed thing. The neighbors know that it is needed. The neighbors just think that maybe it is a little intrusive. I think this could be the model for all the Assisi Houses to come in the future. I mean, this is the one that I would like to see you carry all around to all the rest of them, and say, look how beautiful this one is with the bushes, and maybe some brick, maybe some bay windows, and of course the shutters, $15,000 to $20,000 Item #15 Assisi House, Inc. Page 28 can go a long way. I know Henry is getting ready to make a motion. I'll be proud to second it. Henry Livas: Welcome, thank you. May I make a motion? Janice Anderson: Yes, you may. Henry Livas: I move that we approve the modification of conditions to a Conditional Use Permit to allow the construction of the Assisi House, which will serve eight individuals with mild to moderate retardation. Janice Anderson: We have a motion by Henry Livas and a second by Barry Knight. I believe they wanted to add a requirement about the construction. Would you consider adding that to your motion, that all construction traffic be routed through Princess Anne Road? Al Henley: Construction access to be way of Princess Anne Road. Henry Livas: Okay. Janice Anderson: Okay. Jay Bernas: Can I add another addition? Janice Anderson: Go ahead. Jay Bernas: That the laydown area be interior to the church site and not along Rosecroft where construction laydown. That was another concern. Janice Anderson: The stacking? Jay Bernas: Yes. The laydown of the construction materials that it be interior to the church site, and not on Rosecroft. Henry Livas: Okay. I think there is enough area to do all of those things. Janice Anderson: Are we ready for the question? R.J. Nutter: Can you address that last part? Janice Anderson: Yes. R.J. Nutter: I just want to make sure that we're trying to do the same thing. I just want to make sure that the laydown is probably going to be back up in this portion of the property. Is that alright? Because if we put it here we're going to shut off that portion of the parking and we'll have a worse problem. Again, I didn't want you to call adjacent to Rosecroft. That is Item #15 Assisi House, Inc. Page 29 the only reason for the question. I think we're looking for the laydown area somewhere in this portion of the property. Janice Anderson: Are we ready for the question? Jay Bernas: Can I add one discussion point? I'm sorry. Janice Anderson: Go ahead. Jay Bemas: I recommend to the church that they work with the applicant on all the architectural elevations prior to City Council. Janice Anderson: Okay. Bill Macali: Madame Chair, just one thing. Janice Anderson: They're going to start it all over again. Bill Macali: No. No. The second amendment that was suggested is that accepted by the second? Janice Anderson: Yes, he did. Okay. Thank you. He was quiet about it, but he did. He is getting tired. Ed Weeden: By a vote of 11-0, the Board has approved the application of Assisi House, Inc. with the construction access being Princess Anne Road and the laydown material interior to the church and not Rosecroft. 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 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Assisi House, Inc. with the construction access being Princess Anne Road and the laydown material interior to the church and not Rosecroft. #- l 5 A55LS � M oSID5f it -)(- Marcht -)( March 12, 2008 Comments in opposition to ,the application by Assisi House, Inc. for the Modification of Conditions for a Conditional Use permit for a church approved by the Virginia Beach City Council on December 12, 1988 for a section at the Southwest corner of property located at 4853 Princess Anne Road which is owned by the Catholic Diocese of Richmond, Virginia. Ladies and Commission: Gentlemen of the Planning My name is David K. Mansfield. I reside at 4936 Rosecroft Street, Virginia Beach, VA 23464- 2941 immediately to the west of the proposed structure. I represent several residents of the Brookfield Crossing and Lark Downs neighborhoods who reside along Rosecroft Street and within the Brookfield Crossing neighborhood adjacent to the property currently occupied by the Catholic Church of the Ascension and Catholic Charities. I have read the application and the staff recommendation prepared by Carolyn Smith and having listened to both the informal presentation this morning and . the formal presentation just presented regarding this application. I/we are opposed to the approval of this application for a number of reasons, which we feel are not in keeping with the City of Virginia Beach's 2003 Comprehensive Plan Policy Document for Primary Residential Areas and its strong focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. These include, but are not limited to: 1) The original rezoning request in 1985 to build the Catholic Church of the Ascension as a church within the primary residential area was in keeping with the overall goals and policies of the neighborhood area, however, since that time, as noted in the staff study/ recommendation, there have been seven (7) subsequent zoning changes and/or Conditional Use Permit changes. In addition, two "family residences" located on the Northeast corner of the property are utilized by Church of the Ascension as a "church office and rectory" and as a residence for priests. As a result, the original area has become more than just a neighborhood church facility, it has become essentially a "mini -mall of activities. The impact on ' the surrounding neighborhoods caused by church related traffic utilizing the parking lot access on the southwest corner of the church property for the multiple church services on Saturday evenings I and Sunday mornings (trying to get out of my driveway on Saturday evenings or during the breaks between services on Sunday mornings is a difficult and dangerous task as the "STOP sign" located at the Southwest corner of the parking lot where it intersects with Rosecroft Street is more often than not ignored). In addition to the church serves on Saturday eveinign and Sunday mornings, there are church sponsored "BINGO" on Monday evenings, CCD meetings on Tuesday evenings and frequently Friday and Saturday night parish -hall activities, both by the church and by non -church groups. In addition there are the regular church bazaars, flower sales, children's clothing sales, and rummage sales on Saturdays. The current request, under the guise of a "family residence", is yet another destabilization of the surrounding neighborhoods. 2) The size of the "lot" where the proposed facility would be constructed is twice the size of any existing family residence lot within the surrounding neighborhoods. As such, it does not preserve the character nor the nature of the surrounding neighborhoods. 3) The size and style of the structure is such that the 6,100 proposed footprint will exceed by threefold the footprint of even the largest existing family resident currently in these neighborhoods. Again, it does not preserve the character nor the nature of the surrounding neighborhoods. 4) The "Mod-U-Kraf Homes, L.L.C. ranch style kit home" proposed for construction on this lot is not characteristic of the architecture style of any family residence which currently exists in these neighborhoods. Again, it does not preserve the character nor the nature of the surrounding neighborhoods. To the contrary, it potentially degrades the economic value and aesthetic value of the homes currently in the surrounding neighborhoods. 5) The proposed location for the "family home" on the church property is such that it would be completely detached from any of the currently existing church structures, in fact it is located as far away from the existing structures as possible. In spite of any landscape screening to reduce the scale of the dwelling, it will not appear as a structure for church use but will stand out as an unusually large and unique residential unit. If the "intent" of this structure is for it to appear to be for church use, then the application for a "family unit" we do not believe is legitimate. 6) The proposed structure will reduce/eliminate nearly 40% of the current grassy berm J 1, ("quasi open space") that has existed for two decades. This berm has served as a buffer between the Church of the Ascension and Catholic Charities and the Lark Down neighborhood. This area has also been utilized both by the church and the surrounding neighborhoods as a "recreation area". 7) The 1988 Condition Use Permit had as a condition associated with it the requirement that "best management practices be utilized for controlling storm water". The current application does not address how this condition will be remediated and accommodated. Rosecroft Street, in the area immediately to the south of the proposed facility, frequently floods to a depth of three feet during heaving rains and storms. 8) The Staff Study recommendation indicates that "No direct vehicular access to the dwelling is proposed from Rosecroft Street", however, the area designated in the application for this modification includes not only the grassy berm area where the proposed structure would be constructed but also extends to the west to the current properly line and public utility easement that exist and includes both the current parking lot driveway access to Rosecroft Street as well as 21 parking spaces along the west side of the designated area and to the north and includes the 28 parking spaces along the north border of the designated area. This seems contradictory to the statement regarding no direct vehicular access. 9) I/we feel strongly that the Planning Commission must seriously consider, evaluate, and address these items and then recommend to the City Council that this request be denied. 10) In the event that the Planning Commission recommend approval of this request I/we feel that additional conditions beyond those currently contained in the staff study/ recommendation should be included/added. These include: a. A requirement that storm water management be thoroughly addressed. b. Prior to approval by the City Council of this application, that any and all licensure applications associated with this application to operate the facility under the city's definition of a "family home", as defined by the City Zoning Ordinances or the State Social Services Agency, be "substantially approved". c. A condition that would require all construction staging be in the existing parking lot area immediately to the north of the proposed site rather than in the existing parking lot area to the west of the proposed site and that all construction access to the site be via Princess Anne Road rather than from Rosecroft Street. Thank you for your time and your consideration. Are there any question? # l5 ANSI r zvv, /x' Petition in Opposition to Reconsideration of the Zoning Conditions Requested by Ascension Catholic Church May —June 2006 We the residents of Lark Downs, Brookfield Crossing, and the neighborhoods surrounding Ascension Catholic Church hereby petition the Virginia Beach Planning Commission and the Virginia Beach City Council to reject the request for the conditional use permit that would allow for the construction of a 6000 to 7000 sq. ft Assisted Living Home by the Assisi House to be constructed on Rosecroft Street for the following reasons: • A commercial structure 2 to 4 times the size of any other structure on Rosecroft Street. • The fourth zoning variance request for this same property by the church. • Safety of the neighborhood residents. • Increased on street parking. • Increased automobile traffic. • Light and noise pollution. Name Address Signature < 3.6- n ; /✓ 1 t� / G% Ian L. AU 4 1 ME A Q1 4 G rEae C�� iY EI a.--,1-,1— VA %-U9/4 c -FI � Ras � O- AQ /--7- ST !/8 Z 3r. ; UA r 1� S:1A ss� � 4" � Vcr j ;76) -r wbo r SL(( 1 122 'Ma+^ �, r �,r •� ��`�'� V�tif✓til 1 �I✓ / ) �As. 2 ( _ n+P �'�"LiN®c ��' S31 1��—rd 0 Petition in Opposition to Reconsideration of the Zoning Conditions Requested by Ascension Catholic Church May -June 2006 We the residents of Lark Downs, Brookfield Crossing, and the neighborhoods surrounding Ascension Cathohc Church hereby petition the Virginia Beach Planning Commission and the Virginia Beach City Council to reject the request for the conditional use permit that would allow for the construction of a 6000 to 7000 sq. ft Assisted Living Home by the Assisi House to be constructed on Rosecroft Street for the following reasons: • A commercial structure 2 to 4 times the size of any other structure on Rosecroft Street. • The fourth zoning variance request for this same property by the church. • Safety of the neighborhood residents. • Increased on street parking. • Increased automobile traffic. • Light and noise pollution. Name Address Signature 4id,e e A ,Lec L s lz9g ( Pnsc cv ze S rrl ell C /a'� Lf i` �P $CC r"n� off% � J� � � ''� iw.•-� -ReSCuZ0C—r Sj- c9 3 V 6 u ta��s��• ter,- s�. z�y4 �� ;� Sit-r►-� 4�� '��s��, � � z � �,,,� �' �-�'( r U %'\\J\m��C-� A4J-(4-9-2!� , /I I JX El 9 iLL ' -v NAI S i4,--<4 2.' `" mac' -i 57 V4 Sr 5t cAF% n ! Petition in apposition to Reconsideration of the Zoning Conditions Requested by Ascension Catholic Church May —June 2006 6r'oo kc- ,-eU We the residents of Lark Downs, Brookfield Crossing, and the neighborhoods surrounding Ascension Catholic Church hereby petition the Virginia Beach Planning Commission and the Virginia Beach City Council to reject the request for the conditional use permit that would allow for the construction of a 6000 to 7000 sq. ft Assisted Living Home by the Assisi House to be constructed on Rosecroft Street for the following reasons: • A commercial structure 2 to 4 times the size of any other structure on Rosecroft Street. • The fourth zoning variance request for this same property by the church. • Safety of the neighborhood residents. • Increased on street parking. • Increased automobile traffic. • Light and noise pollution. r -i ,54• _ H 0 +� _ I; � �Ink�i_� AIJI 11,. r ■ WE (,rte W. y Petition in Opposition to Reconsideration of the Zoning Conditions Requested by Ascension Catholic Church May -June 2006 We the residents of Lark Downs, Brookfield Crossing, and the neighborhoods surrounding Ascension Catholic Church hereby petition the Virginia Beach Planning Commission and the Virginia Beach City Council to reject the request for the conditional use permit that would allow for the construction of a 6000 to 7000 sq. ft Assisted Living Home by the Assisi House to be constructed on Rosecroft Street for the following reasons: • A commercial structure 2 to 4 times the size of any other structure on Rosecroft Street. • The fourth zoning variance request for this same property by the church. • Safety of the neighborhood residents. • Increased on si:reet parking. • Increased automobile traffic. • Light and nois-. pollution. - _ - Sign�ture Wt, -.A �M � FYr _ZMARVA&WOMMA � t , S !i:_ / � � � � ._.fid • � �1��_ � �-�_ LIM. MI LO ` r �— /MI' 'ILI Petition in Opposition to Reconsideration of the Zoning Conditions Requested by Ascension Catholic Church May —June 2006 We the residents of Lark Do,%N'ns, Brooffield Crossing, and the neighborhoods surrounding Ascension Catholic Church hereby petition the Virginia Beach Planning Commission and the Virginia Beach City Council to reject the request for the conditional use permit that would allow for the construction of a 6000 to 7000 sq. ft Assisted Living Home by the Assisi House to be constructed on Rosecroft Street for the following reasons: • A commercial structure 2 to 4 times the size of any other structure on Rosecroft Street. • The fourth zoning variance request for this same property by the church. • Safety of the neighborhood residents. • Increased on street parking. • Increased automobile traffic. • Light and noise pollution. Name I Address , ) Sim ture 111194 1 ma. Petition in Opposition to Reconsideration of the Zoning Conditions Requested by Ascension Catholic Church May —June 2006 We the residents of Lark Downs, Brookfield Crossing, and the neighborhoods surrounding Ascension Catholic Church hereby petition the Virginia Beach Planning Commission and the Virginia Beach City Council to reject the request for the conditional use permit that would allow for the construction of a 6000 to 7000 sq. ft Assisted Living Home by the Assisi House to be constructed on Rosecroft Street for the following reasons: • A commercial structure 2 to 4 times the size of any other structure on Rosecroft Street. • The fourth zoning variance request for this same property by the church. • Safety of the neighborhood residents. • Increased on street parking. • Increased automobile traffic. • Light and noisy: pollution. Name Address/ Signature CJ � v � ` c / Hi, I am Kelly Bondurant and own and reside at 4929 Rosecroft Street, directly across the street from the proposed project. I am the mother of two children, one who has been determined to be mildly mentally retarded. Because of this, I am very torn about the proposed project. I know first hand the need for projects such as the Assissi House, and am aware that one day my daughter may need such a residence. I also know that I must protect the value of my home so that one day she may reap the benefits of mine and my husband's investment. Although all the studies would like to tell me that the Assissi House will have no impact on the value of my home, I don't believe this for one minute. I see daily the prejudices against the mentally disabled, from people at the parks, the shopping centers, schools, and unfortunately some of my own neighbors. My same house for sale a block away would sell quicker and for more than mine shall the project be approved in its current plan - this is unfortunate and bothersome. I don't believe the proposed plan fits in with the houses immediately surrounding the project. All of the houses adjacent are approximately 1/3 the size and at least half brick and do not look like modular homes. Nor does it seem to blend in with the appearance of the other church buildings. I agree with the need for quality residences, but would hope there is a way to scale down the building footprint. I appreciate the quality landscape plan and hope to have assurances that should this project be approved the landscaping shall be supplied and properly maintained. ] also hope to have assurances from the City that they will look into the poor stormwater drainage on Rosecroft Street. A building with the proposed square footage, will definitely impact the runoff situation. Thank you for your time and consideration. Please know that I am not entirely against the Assissi House project, but the scale of the project itself. March 12, 2008 Virginia Beach Planning Commission Hearing To: Carolyn Smith, City Planner and all members of the current Virginia Beach Planning Commission and all members of the current Virginia Beach City Council I am addressing you today as a resident of Rosecroft Street in the subdivision of Lark Downs within Kempsville in the City of Virginia Beach. My neighborhood is 40 years old. I am proud and grateful to be a resident of the neighborhood and the city in which I live. Virginia Beach is a sterling city which has thoughtfully guarded the best features of itself as it has continuously grown. That has been the purpose of the Comprehensive Plan. Let me draw your attention to some key points of reference from our very own Comprehensive Plan. On page 29 of "Introduction and General Strategy, Section 5 - Healthy Neighborhoods" it states "Especially in our older neighborhoods, we must assure that the process of infill on vacant or underdeveloped lots reinforces the positive aspects of neighborhood character and balances reasonable expectations of neighbors capitalizing on development opportunities with the reasonable expectations of neighbors interested in retaining the positive aspects of community character." Our Comprehensive Plan continues to address the various aspects of changes within neighborhoods on page 193 of "Community Appearance and Design". It states that "Scale is vital to achieving compatibility. The ratio of ... the structure's size in relationship to its surroundings (is one of) the most important aspects of scale." It continues to explain that "Building Mass, or overall size, and height of the structure should be appropriate to the surroundings." I have seen the architectural specifications submitted by Assisi House in their application. I have be,%n reading house plans gss a hobby for 40 years. This is not a typical ranch house. It has edrooms, at Least -9 -bath rooms, as well as a commercial -sized kitchen, communal dining room, office, great room and more. It is 6,000 square feet in the interior. Outside, an additional 2-3,000 square feet of concrete and other materials will be laid down for walkways, porches, handicap access ramps, stairs, utility pads, etc. That is an onerous footprint. Then you survey its height of 18 feet 10 inches. This "ranch" is approximately 7 feet taller than my ranch. Additionally, the elevation of the land on which it is proposed to be erected is the highest point on our entire street. This one-story building will stand about even with all the two-story homes on the street. In every respect of "scale" and "building mass" as eloquently explained in our Comprehensive Plan, this structure cannot possibly be considered an appropriate addition to Rosecroft Street. Assisi House may be a beautiful swan in its conception and its purpose, but it will still be the ugly duckling, overweening, cumbersome and detracting from the rhythm and flow of its surrounding neighborhood. And unlike an ugly duckling, this object will be a permanent fixture, even if the currently proposed use changes or departs entirely. Our neighborhood block will forever be burdened with this misfit giant. Janna Kestenbaum `09 Rosecroft St. O Virginia Bch, VA 23464 t &A f, '1 -gym V :.p of 4909 Rosecroft St Virginia Beach, VA by MapQuest f4w a Pk�ze I O -F I Save Ink. mobe Me= . ,. ,L$ 7eservec'. Use suu:ect t.^ Liv:enseeiCcovr� r,4 . - g , 1 Nlap Largent Directions and maps are informational only. 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Your use of MapQuest means you agree to our F; --f 7 -Se litt- -8412/ 3/10/2008 `N°p D_-8 Assisi House PD -H2 B-2 (P -D B -2 AJul _ �„rn.� lGav--per_ yp.(q-rn-i \na. �-` `u` � �'c7P°Fri, / �� . `�� •'\ !'Modification of Conditions VIRGINIA BEACHr� April 16, 2008 Thank you very much for your consideration and assistance with this issue. Sincerely, Donald V. Jell Chair DVJ:lls c: Virginia Beach Development Authority James K. Spore, City Manager 222 Central Park Ave, Suite 1000 - Virginia Beach, Virginia 23462 - ph 757.385.6464 or 800.989.4567 - fox 757499.9894 The Honorable Meyera E. Oberndorf, Mayor Virginia Beach Development Authority Commissioners Members of City Council Municipal Center Virginia Beach, VA 23456 Donald V. Jellig Chair Subject: Modification of Conditions - Value Place Extended Stay Hotel Page G. leo Vice Chair Dear Mayor Oberndorf and Members of City Council: Teresa H. Carrington Secretary At its April 15th meeting the VBDA discussed the proposal for a change in Douglas e Ellis Assistant Secretary the hotel planned adjacent to Corporate Landing, and it supports the P J IP g� pp reservations expressed by the City Manager. Elizabeth A. Twohy Treasurer Corporate Landing, with 12 businesses and over 2,700 employees, is an asset C. Maxwell Bartholomew, Jr. Commissioner for the City with its ability to attract high quality businesses willing to meet its size and architectural standards. Currently a subcommittee of the Authority is Commissioner Paul Michels working on a plan to further enhance the potential and attractiveness of this Park. Jerrold L. Miller Commissioner The Authority strongly opposes the presence of a "budget concept" motel Dan Brockwell CommiSsioner s proximate to the Park as it would lower the quality of area development. The Authority totally supports the originally envisioned project which is John W. Richardson Commissioner compatible with the very substantial investment the VBDA has made in Corporate Landing. We are aware that the current economic cycle may delay Prescott Sherrod Commissioner the construction of the original project, but feel the best long-term decision is to assure the highest quality project. Thank you very much for your consideration and assistance with this issue. Sincerely, Donald V. Jell Chair DVJ:lls c: Virginia Beach Development Authority James K. Spore, City Manager 222 Central Park Ave, Suite 1000 - Virginia Beach, Virginia 23462 - ph 757.385.6464 or 800.989.4567 - fox 757499.9894 L�R LECLAIR-RYAN March 25, 2008 VIA FACSIMILE: 757-385-5667 VIA FACSIMILE: 757-385-5669 Faith Christie Ruth Hodges Smith, City Clerk Department of Planning Office of the City Clerk City of Virginia Beach City of Virginia Beach 2405 Courthouse Drive 2401 Courthouse Drive, Suite 281 Building 2, Room 115 Municipal Center, Bldg. 1 Virginia Beach, Virginia 23456 Virginia Beach, Virginia 23456 Re: Modification of Conditions and Modification of Proffers Application Proposed Value Place Extended Stay Hotel Dam Neck Road, Virginia Beach, Virginia 23454 LeClairRyan File No. 17267.0011 Dear Ms. Christie and Ms. Smith: We represent Value Place with respect to the above -referenced Modification of Conditions and Modification of Proffers Application ("Application"). On behalf of Value Place, we request that the City defer the Application from the March 25, 2008 City Council Hearing Agenda to the April 22, 2008 City Council Hearing Agenda. This one month deferral will provide Value Place with the opportunity to meet with the City Manager, Mr. James K. Spore, to address the concerns set forth in his recent correspondence to the Honorable Mayor Oberndorf and the other members of City Council. Please do not hesitate to contact me should you have any comments or questions regarding th's request. el , ---nia Christ cc: Mr. Bill Hunter (via electronic mail) Mr. Stephen R. Romine (via electronic mail) E-mail: Febronia.Christ@LeCLairRyan.com Direct Phone: 757.441.8942 Direct Fax: 757.441.8962 999 Waterside Drive, Suite 2525 Norfolk, Virginia 23510 Phone: 757.624.1454 \ Fax: 757.624.3773 ATTORNEYS AT LAW \ WWW.LECLAIRRYAN.COM VALUE PLACE REAL ESTATE Nfodification of Conditions Relevant Information: Applicant requests Modification of Proffers for a rezoning approved in 2003, allowing a hotel and restaurant on the site. Applicant is requesting modification of the proffers pertaining to the site plan and building elevations. Site is in Greater than 75 AICUZ. MOU Committee reviewed and found proposal is approvable by the City Council, as the number of hotel units is being reduced by six (6) with this proposal. 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 Value Place Real Estate Services, L.L.C. for the Modification of Conditions for a request approved by City Council on April 22, 2003 (Glamour Corporation). Property is location on the south side of Dam Neck Road, approximately 2600 feet west of Corporate Landing Parkway (GPIN 2405945729). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: April 22, 2008 ■ Background: On March 25, City Council deferred this application to April 22 as requested by the applicant. The Conditional Rezoning from AG -1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District was approved by the City Council on April 22, 2003. The applicant is requesting a modification to the portion of the property now zoned Conditional H-1 Hotel. The applicant desires a modification to the approved uses and development plans. The modification entails elimination of the previously proposed restaurant, reconfiguration of the site design, reduction of the height of the hotel from six stories to four stories, and reduction of the number of approved lodging units from 127 to 121. ■ Considerations: The applicant requests an indefinite deferral of this application. ■ Recommendations: Grant the request for indefinite deferral. ■ Attachments: Location Map Recommended Action: Indefinite deferral. Submitting Department/Agency: Planning Department City Manage � v L WELDE14FIELD OF VIRGINIA Relevant Information: Appliicant requests a deferral to May 13 1 1 .1y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Weldenfield of Virginia, L.L.C. for a Change of Zoning District Classification from 1-1 Light Industrial District, R-51) Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD - H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 — CENTERVILLE MEETING DATE: April 22, 2008 ■ Background: The applicant proposes to rezone the existing 1-1 Light Industrial, R -5D Residential, and 0-2 Office Districts to Conditional R-7.5 Residential District with a PD -1-12 Planned Unit Overlay for the purpose of developing the site with 69 single-family dwellings and 81 townhomes. ■ Considerations: The applicant has requested that this item be heard at the May 13 City Council meeting. A deferral to that date is necessary, as the application was legally advertised for April 22. ■ Recommendations: Deferral to the May 13 City Council meeting. ■ Attachments: Location Map Recommended Action: Defer to May 13 City Council me tin . Submitting Department/Agency: Planning Department City Manager: 9L . L. APPOINTMENTS AUDIT COMMITTEE HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 22 Workshop Council Conference Room 9 AM April 22 Public 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 COUNCIL ONE -DAY RETREAT MAY 12, 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 04/22/08 afb www. vb o CITY OF VIRGINIA BEACH CITY COUNCIL WORKSHOP: SUMMARY OF COUNCIL ACTIONS A PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN V O 1 FY 2008-2009/2009-2010 Operating DATE: April 8, 2008 M B L D C E L E D 2 H C R A W PAGE: 1 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D U CITY COUNCIL WORKSHOP: A PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN 1 FY 2008-2009/2009-2010 Operating Budget 2 FY 2008-2009/2009-2010 Capital Improvement Program IU IIUIVNNI E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F/G MINUTES Informal/Formal Sessions 4/1/08 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y B S T A I N E D H/I PUBLIC COMMENT: 11 SPEAKERS HISTORIC SITES ORGANIZING COMMITTEE'S RECOMMENDATIONS Ul PUBLIC HEARING: NO SPEAKERS OPEN AIR CAFE LEASES J/K/I Resolution to SUPPORT April 13-19,2008, ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y as Week of the Young Child CONSENT CITY OF VIRGINIA BEAC.fl Resolution HONORING WR Plaxico ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Burress, Virginia Beach graduate/New CONSENT York Giants' game winning touchdown V O I pass receiver in Super Bowl X DATE: Aril 8 2008 P , M B L 3 D ADOPTED, BY 11-0 Y Y C E Y L Y Y Y E D H CONSENT C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N O R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V O 0 H L R Y S N F N A N D 2 Resolution HONORING WR Plaxico ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Burress, Virginia Beach graduate/New CONSENT York Giants' game winning touchdown pass receiver in Super Bowl X 3 Ordinance to AUTHORIZE Franchise ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreements re Open Air Cafes: CONSENT New: 1. Dunes Investment Associates, LLC t/a The Beach Club Cafd, 901 Atlantic Avenue 2. Tonick, Inc. t/a `Waffle Town USA, 910 Atlantic Aven se 3. First Fruits, LLC t/a Tropical Smoothies C66, 211 25`° Street 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 1, 1601 Atlantic Avenue 4. Oceanside Investment Associates, LP t/a Latitudes/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 Cafd, 2809 Atlantic Avenue 8. Macias, Inc., t/a Guadalajara, 200 21' Street 4 Ordinance to ACCEPMAPPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $309,671/$1,953,329, from HUD Section CONSENT 8 Housing to Housing/Neighborhood Preservation re rental subsidies for persons living in privately owned housing. L/I LARISA PROPERTIES, LLC MODIFIED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification to CUP (aaproved on June 8, CONDITIONED, 1981) re carwash/self-service laundry at BY CONSENT 3612 Holland Road (DISTRICT 3 — ROSE HALL) 2 DONNA HOUSE CUP re tattoo APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y (permanent makeup) 152 Newtown CONDITIONED Road, (DISTRICT 2 - :KEMPSVILLE)) BY CONSENT CITY OF VIRGINIA BEACH NEW CINGULAR WIRELESS PCS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y LLC, CUP (Deferred November 27, 2007) CONDITIONED re communication tower/shelter at Cavalier BY CONSENT V O I Golf/Yacht Club, 1052 Cardinal Road DATE: April 8, 2008 M B L D C E L E D 4 H MODIFIED AS C R Y A W Y PAGE: 3 S I Y E J L N U N 1 T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D 3 NEW CINGULAR WIRELESS PCS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC, CUP (Deferred November 27, 2007) CONDITIONED re communication tower/shelter at Cavalier BY CONSENT Golf/Yacht Club, 1052 Cardinal Road (DISTRICT 5 - LYNNHAVEN) 4 PROSPERITY BEACH, LLC Modification MODIFIED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y of Proffer No. I on COZ (approved May PROFFERED BY 9, 2006) at 1000 Eaglewood Drive CONSENT (DISTRICT 3 — ROSE HALL) 5 BQI GROUP, INC. Modification of MODIFIED AS 8-3 Y Y Y N Y N N Y Y Y Y Proffers on COZ (approved August 10, PROFFERED 2004/Deferred March 25, 2008) at Bonney Road/Windbrooke Lane. (DISTRICT 2 — KEMPS VILLE 6 RESIDENTIAL INVESTMENT APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIES, INC. COZ from R-10 to PROFFERED, Conditional A-12 Apartment District at BY CONSENT 827/835 Muth Lane (DISTRICT 4 — BAYSIDE) 7 WEST NECK PARTNERS, LLC COZ APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y from AG-1/AG-2 to Conditional 0-2 at PROFFERED West Neck/North Landing Roads (DISTRICT 7 — PRINCESS ANNE) 8 ARGOLD DAM NECK, LLC COZ from DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y R-15/AG-1 to Conditional R-7.5 at Dam INDEFINTELY Neck Road/Southcross Drive (DISTRICT 7 — PRINCESS ANNE) 9 AMEND §502 ofCZO/ADD §502.1 re R- ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y 5R WITHDRAWAL M APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION APPOINTED Gregory D. Goldfarb Unexpired thru 3/31110 N/O ADD ON RECESS TO CLOSED SESSION re Personnel Matter @ 8:15PM ADD ON CERTIFY CLOSED SESSION @ 8:50PM CITY OF VIRGINIA BF -4 CH PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 15 Workshop Council Conference Room 9 AM April 17 Public Hearing Green Run High School 6 PM April 22 SUMMARY OF COUNCIL ACTIONS Council Conference Room 9 AM April 22 Public 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 V O I DATE: April 8, 2008 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D N/O/P ADJOURNMENT 8:55PM CITY COUNCIL ONE -DAY RETREAT MAY 12, 2008 8:30 AiVi - 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 PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS 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 Public 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 COUNCIL ONE -DAY RETREAT MAY 12, 2008 8:30 AiVi - 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