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OCTOBER 14, 2008 AGENDA ii, I Ii CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, A/-Large VICE MAYOR LOUIS R. JONES, Bayslde - Dls/ric/4 WILLIAM R. DeSTEPH, A/-Large HARRY E. DIEZEL, Kempsville - Dls/rict 2 ROBERT M. DYER" Centerville - District I BARBARA M. Ht7VLEY, Princess Anne - Dis/rict 7 REBA S. McCLANAN, Rose Hall - Dls/rict 3 JOHN E. UHRIN, Beach - Dis/ricr 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, A/-Large JAMES L. WOOD, Lynnhaven -D/SIrict 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 14 OCTOBER 2008 I. CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM A. Resort Area Strategic Plan Stephen Herbert, Deputy City Manager Il. CITY COUNCIL COMMENTS II. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE; VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc/@vbgov.com 4:00 PM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: REVEREND JASON LEWIS Pastor, Virginia Beach Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 7,2008 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENT A TION 1. RESOLUTION: "JOSH THOMPSON DAY" I. PUBLIC COMMENT 1, Workforce Housing Advisory Board J. CONSENT AGENDA : I : I i ! K. RESOLUTION / ORDINANCES 1. Resolution to AUTHORIZE the issuance of General Obligation School Bonds not to exceed $7.5-Million to be sold to the Virginia Public School Authority [Deferred October 7] 2. Ordinance to AMEND ~ 2-20 of the City Code re time and place of regular City Council meetings. 3. Ordinance to ESTABLISH a Capital Improvement Program [CIP] project and TRANSFER the necessary funds for the Town Center Pedestrian Safety Improvements 4. Ordinance to ACCEPT and APPROPRIATE Grants: a. From the Virginia Settlement Foundation to Parks and Recreation's FY 2008-09 Operating Budget re projects to prevent tobacco use by underage persons b. From the United States Department of Justice to the Police, Sheriff and the Domestic Relations District Court re public safety and criminal processing 5. Ordinance to APPROPRIATE funds to provide an interest-free loan to the Kempsville V olunteer Rescue Squad for the purchase of a replacement ambulance [Deferred October 7] L. PLANNING 1. Ordinance to AUTHORIZE a six [6] month extension oftime to satisfy conditions in the closing, vacating and discontinuance of a portion of a street, known as G rimstead Road, south of Back Bay Landing Road in behalf of Joseph W. Freeman, Jr. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPRO V AL 2. Variance to ~4.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO): a. CMSS ARCHITECTS, PC, re reconfiguration of the three (3) lots for single-family residences at 4949 Lookout Road DISTRICT 4 - BA YSIDE RECOMMENDA nON APPROVAL b. TONY and HELEN FLEMING re an existing single-family residence at 3373 Head River Road DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROVAL 3. Application of BRENDA BRIGGS t/a KINGDOM KIDS DA YCARE for a Conditional Use Permit re a daycare facility at 700 Sullivan Circle DISTRICT 4 - BA YSIDE RECOMMENDATION APPROV AL 4. Application of NEW CINGULAR WIRELESS, t/a AT&T for a Conditional Use Permit re a monopole communications tower and Modification of the Timberlake Land Use Plan to accommodate the tower, [approved by City Council on May 24, 1994], at 4293 Holland Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROV AL 5. Applications of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike: DISTRICT 1 - CENTERVILLE a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District re townhouse-style multi-family dwelling units b. Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROV AL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SERVICES BOARD - CSB EASTERN VIRGINIA HEALTH SERVICES AGENCY HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD P ARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION - RAC REVIEW AND ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TIDEWATER REGINOAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC WORKFORCE HOUSING ADVISORY COMMITTEE I I I I N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Citv Council Sessions for November and December 2008 November 4 Election Day - No Sessions November 11 Veteran's Day -No Sessions November 18 Briefing, Informal, Formal, including Planning November 25 Briefing, Informal, Formal, including Planning December 2 Briefing, Informal, Formal, including Planning December 9 Briefing, Informal, Formal, including Planning Comprehensive Plan Open Houses October 16, 2008 Association for Research & District #5 - Lynnhaven 7 :00 - 9:00 PM Enlightenment District #6 - Beach October 20, 2008 Princess Anne High School District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 23,2008 Bayside Recreation Center District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 27,2008 Cox High School District #5 - Lynnhaven 7:00 - 9:00 PM ********* 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 10/03/08 rhjf!mb www.vbgov.com : : I : I I. CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM A. Resort Area Strategic Plan Stephen Herbert, Deputy City Manager II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA I I II IV INFORMAL SESSION - Conference Room - 4:00 PM B. CALL TO ORDER - Mayor Meyera E. Obemdorf C. ROLL CALL OF CITY COUNCIL D. RECESS TO CLOSED SESSION I I ,I V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: REVEREND JASON LEWIS Pastor, Virginia Beach Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 7, 2008 G. AGENDA FOR FORMAL SESSION I I II iRrsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 ofthe 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. i I H. MA YOR'S PRESENTATION I. RESOLUTION: "JOSH THOMPSON DAY" RESOLUTION WHEREAS: Nearly sevmO' yean 11I0, btueball legelld tuUl Americtul Hero Lou Gehrig gave his IIame to II mysterious lI11d rare disellSe caUed Amyotrophic Lllterlll Sclerosis fALSJ whell he s'ood 011 'he field tit Ytulue S'lIIlium on JIIIy 4, 1939, tuld tkllvered one of 'he most memorllble speeches in Americtul history, tulnounclng '0 the world 'htlt "'odily I conslMr myself the luckiest IIUIII Oil the fllCe of this etuth"; WHEREAS: Todily, we know 'hat besides being II hero, Gehrig hllll something else in COmmoll with the mell ""d women who sened our co""",. In the Unlled Stllla Armed Forces ""d who sufferedfrom ALS........hls disellSe, which wtlSjirst identlfied In 1869. We sd/l do not know what CGuses tlte disease or how II Ctul be prevented, effectively treated or cured. llltked the pro gliosis for II person dillgnosed with ALS in 2008 Is the same lIS it WIIS for II person diagnosed ill 1869; WHEREAS: The ALS AsSOCitUioll tuUl more 'hllll fony-one chllpten tuld tifJUilltes in Americll fIIlvocatefor funding, resetl1'ch, public policies, stille tuldfetknd resOll1'Ces; WHEREAS: Josh Thompsoll Is 1111 lICIive young IIUIII, loving husbtuld, tkdicaled father, community volllllleer IIn4 successflll busillesspersOIl, whose courtlgeous fight with ALS hIlS inspired II record brellkJng fundraiser for ALS, 'he "n W AU AND BEACH PARTY" which wiU be held in Virgillill BelICh on October 19, 2008; ""d, WHEREAS: WIllie resetu'Ch Is lIeeded to solve the mysteries of ALS, resources lIIso lire vitlll for the care of those IMng with this drefllhd dlsellSe today. We must work to Improve their qlUllity of Ufe, provlM IICcess to necessary medictJl care tuUlasslst 'hese cltluns tuUl Sllppon thell' families. NOW, THEREFORE, BE IT RESOL VED: That 'he Virginia Beach City Council lI11d all cltluns recogn/u the tragedy of ALS, join III the W AU on October Nineteenth tuld observe: October 19, 2008 lIS JOSH THOMPSON DAY BE IT FUTBER BESOL VED: That each Member of City Council sign thls Resolution with their seal tIS a part of the record for the Minutes of this Formal Session on this 1.j/' d4y of October Two ThollSfllld and Eight.... fIIId II copy be personlllly delivered to Josh Thompson. ~??/~ . ~". "JW" D.ra..4_ ~.&J1".~ ri:~~ - / ' IlebtI S. McQ-.ItIII ~. y dl, oJ./" A. I. PUBLIC COMMENT 1 , Workforce Housing Advisory Board I I J. CONSENT AGENDA K. RESOLUTION / ORDINANCES 1. Resolution to AUTHORIZE the issuance of General Obligation School Bonds not to exceed $7.5-Million to be sold to the Virginia Public School Authority [Deferred October 7] 2. Ordinance to AMEND ~ 2-20 of the Ci~y Code re time and place of regular City Council meetings. 3. Ordinance to ESTABLISH a Capital Improvement Program [CIP] project and TRANSFER the necessary funds for the Town Center Pedestrian Safety Improvements 4. Ordinance to ACCEPT and APPROPRIATE Grants: a. From the Virginia Settlement Foundation to Parks and Recreation's FY 2008-09 Operating Budget re projects to prevent tobacco use by underage persons b. From the United States Department of Justice to the Police, Sheriff and the Domestic Relations District Court re public safety and criminal processing 5. Ordinance to APPROPRIATE funds to provide an interest-free loan to the Kempsville Volunteer Rescue Squad for the purchase of a replacement ambulance [Deferred October 7] I I ~_ J ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Authorizing the Issuance of General Obligation School Bonds of $7.5 Million to be Sold to the Virginia Public School Authority MEETING DATE: October 14, 2008 . Background: On October 23, 2007, City Council approved a resolution for the Virginia Beach School Board to submit an application to the Virginia Board of Education for a Literary Fund Loan of $7.5 million to apply towards the construction of the new Virginia Beach Middle School. The application was approved by the Virginia Board of Education and placed on the Literary Fund Loan waiting list. In order to expedite the loan process, the School Board on September 9, 2008, requested that the loan be placed in the Virginia Public School Authority ("VPSA") Interest Rate Subsidy Program which provides funding for schools on the Literary Fund waiting list. The School Board also requested in their resolution of September 9th that the City Council issue general obligation bonds in an aggregate principal amount not to exceed $7.5 million to VPSA for the purpose of financing the capital improvements. This item was deferred by City Council on October 7,2008 until October 14, 2008. . Considerations: A resolution authorizing the issuance of not-to-exceed $7,500,000 General Obligation School Bonds to be sold to VPSA has been prepared by bond counsel, Hunton & Williams. The resolution provides for the terms and details of the transaction and authorizes the City Manager to enter into a Bond Sale Agreement with VPSA. The VPSA financing through the cash subsidy program is provided at the same effective cost (3%) as if the City had borrowed from the Literary Fund (see Schedule I). The VPSA financing is planned for October 29th. This is not a new authorization of debt. This issuance of bonds was authorized by ordinance adopted by City Council on May 15, 2007 as part of the City Charter bonds approved for school purposes. This issuance is a part of school debt that is authorized and unissued at this time. . Public Information: Public notice will be provided through the normal Council agenda process. This item was also a part of the School Board agenda on September 9, 2008. A copy of the Proceeds Agreement is available for inspection in the City Clerk's Office. . Alternative: Remain on the Literary Fund Loan waiting list until funds become available. . Recommendations: The VPSA subsidy program accelerates funding for the school project at the same low cost of the Literary Fund Loan. Therefore, the resolution is recommended for approval. . Attachments: Resolution Adopted School Board Resolution Bond Sale Agreement Recommended Action: Approval of Resolution Submitting DeparbnentlAgency: Finance ~ City Manager~ "- . ~ i I RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008B, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,500,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in January 2008, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Virginia Beach, Virginia (the "School Board"), for a loan of $7,500,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school facilities (the "Project") in the City of Virginia Beach, Virginia (the "City"), on the First Priority Waiting List; WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one year of placement of the Application on the First Priority Waiting List upon receipt by the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Teinporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at 3% per annum and mature in annual installments for a period of 20 years; WHEREAS, in connection with the 2008 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, in response to the VPSA offer under the Program, the City Council (the "City Council") has determined to issue general obligation school bonds for the purpose of financing certain projects for school purposes, including without limitation, the Project; and WHEREAS, the City has held a public hearing, duly noticed, on April 19, 2007, on the issuance of general obligation bonds for, among other purposes, school purposes, in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); WHEREAS, on May 15, 2007, the City Council adopted an ordinance authorizing the issuance of general obligation bonds for, among other purposes, school purposes, in the maximum amount of $63,800,000, none of which bonds have been issued and sold; and WHEREAS, the School Board has, by resolution adopted on September 9, 2008, requested the City Council to authorize the issuance of general obligation school bonds and consented to the issuance of such bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The City Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $7,500,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes, including without limitation, the Project described in Exhibit B. The City Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of VPSA to purchase from the City, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Mayor and the City Manager, either of whom may act. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2008 (the "Bond Sale Agreement"), with VPSA providing for the sale of the Bonds to VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the City Council at this meeting, which form is hereby approved with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing the Bond Sale Agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 200gB"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15, beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth 011 Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to 2 I I be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and fifty one-hundredths percent (6.50%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than December 31, 2028. The execution and deli very of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted by the City Manager as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Payine: Ae:ent and Bond Ree:istrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) The Bank of New York Mellon, Richmond, Virginia, is designated as bond registrar and paying agent for the Bonds (the "Bond Registrar"). The City, in its sole discretion, may replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. . 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the City Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Mayor or Vice Mayor, either of whom may act, and the City Clerk or any Deputy Clerk, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Plede:e of Full Faith and Credit. For the prompt payment of the principal of and interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged. In each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of 3 the principal of and the interest on the Bonds as such principal and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The City Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program~ Proceeds Agreement. The City Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the City Council at this meeting, which form is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer executing such Proceeds Agreement, his execution to constitute conclusive evidence of his approval of any such completions,. omissions, insertions and changes. 12. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, substantially in the form attached as Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities and Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Further Actions. The members of the City Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 4 i I 14. Effective Date. This Resolution shall take effect immediately. * * * The undersigned City Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council of Supervisors held on October 14,2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the City of Virginia Beach, Virginia, this _ day of October, 2008. City Clerk, City of Virginia Beach, Virginia [SEAL] 5 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation School Bond Series 2008B The CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009, and annually on July 15 thereafter to and including July 15,20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi- annually on January 15 and July 15 of each year, commencing on July 15, 2009 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, The Bank of New York Mellon, Richmond, Virginia, or any successor entity appointed by the City, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of principal of and interest on this Bond, without the presentation or sUITender hereof, to the Virginia Public School Authority, in immediately available funds at or before II :00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the A-I I ,I, I Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next succeeding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due, which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and an ordinance and resolutions duly adopted by the City Council and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal A-2 amount having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City Council of the City of Virginia Beach has caused this Bond to be issued in the name of the City of Virginia Beach, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signature of its City Clerk or any of its Deputy Clerks, and this Bond to be dated November 20, 2008. CITY OF VIRGINIA BEACH, VIRGINIA (SEAL) ATTEST: City Clerk, City of Virginia Beach; Virginia Mayor, City of Virginia Beach, Virginia A-3 I ,I I ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premIses. Date: Signature Guaranteed: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 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Cl c '> co U.l > ll. I'_ d N O. ,- m I'- m to? .. u; >= g 0; ... "'''' co CO co CO "N ~ C!C! CO N"': CO co co c::i co", CO "'''' '" <'1f"i. '" "'''' '" ~'" <Ii cui ... co.... CO 5'l '" " " '" '" ... ,..: ,..: ,..: ... ... ... ... .. 'tI GO- al c: U ::l ~ ~ !! .. III c< 0_ U III "'>- 08 oS:!\! 1P~ "6- ~ z::l ~ ~ 0 <...c _ 0 0.. 1! 't: II. 0 00 >oool ~lD .. " C III :> '" U. .. "0 '0 ~ C ::l '" .. ::l U. .. 0 '0 .. .. II) ~ t) 5 .... III ;;; ~ .. ~ 0 III II) ::;, '" ~ '" '" co CO '" CI C!. 0 .,; CI .,; CI 0 co '" '" '" ,..: ,,- ,..: ... ... ... .. ; 0 C CJ .. tl .3 .. .~ e:- ll. f ~ .e ..::; ~ " c .. ::l .. II. .. -c ... U c 0 5 ::l .. II. .. III 0 ... '" .. 0 0 ~ 1:1 S Xl S ::l 0 0 III {:. III ~ ~ <, '" 0 " ...; N 0 CO '" <'!. ..;: c;:; '" UJ ... <D <Ii ... ... "0 .... ll. .. U 1: ll. $ z 0 0 ...; ,... '" ..;: co ... m .... <:> 0 ,,; ... (') ..;: CO N N .... o o o g '" ...: "" PROJECT DESCRIPTION The Project consists of the construction of a replacement middle school. B-1 22764.000273 EMF_US 26221473v3 I ,I I EXHIBIT B SCHOOL BOARD Da~lef O. edwardl Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495.3551 (h). 717-0259 (c) Rita Sweet Sellitto Vice Chairman At-l.arge P.C Box 6448 VA Beach. VA 23456 411..0960 (e) WilHam J. "Bill" Brunke, IV Dislfict7 - Princess Anne 4089 Foxwood Dr., Suite 201 Virginia Beach, VA 23462 22;..0134 (w) .286-2772 (e) Todd C. Davidson At- .arge 24:'4 Savannah Trail VA Beach, VA 23456 42, .3330 (w) . 285.9409 (el ElM1a L "em" Davll District 5 - Lynnheven 11 :~5 Michaelwood Drive VA Beach. VA 23452 3411-8911 (h) Pllrlcla G. Edmonlon Dis tocl6 . Beach 40 .205 Harbour Point VA Beach, VA 23451 67H-0137 (h) Edward F. FIlSinger, Sr. Akarge 41: I Becton Place VA Beach, VA 23452 481;4567 (h) Dall R. Lowe Di~ Iricl 4 . Bayside 4617 Red Coat Road VA Beach, VA 23455 49:'3681 (h) Salldra Smlth.Jones 011 Irict 2 - Kempsville 70\ Rock Creek Court W Beach, VA 23462 49.'8167 (h) M~:hael W. Stewart ()llricl 3 - Rose Hall 10, Brenlwood Court VA Beach, VA 23452 49!l-4303 (h) . 445-4637 (w) Carolyn D. Weems At. Large 1420 Claudia Drive VA Beach, VA 23455 46~674 (h) SUPERINTENDENT James G. Merrtll, Ed.D. 2512 George Mason Drive V A Beach, VA 23458 263.1007 I ,I 'VIRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION RATIFYING THE FILING OF AN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A SUBSIDY LOAN IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,500,000 AND REQUESTING AND CONSENTING TO THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS WHEREAS, the School Board (the "School Board") of the City of Virginia Beach, Virginia (the "City"), has determined that it is necessary and desirable to undertake various capital improvements for its public school system, including the replacement of the Virginia Beach Middle School facility; BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH: 1. The filing of an application with the Virginia Public School Authority ("VPSA") for a subsidy loan to the City in a prinCipal amount not to exceed $7,500,000 to finance various capital improvements to the City's public school system is hereby ratified. The actions of the School Superintendent, in collaboration with the other officers of the School Board and officers of the City, in completing and filing such application and delivering it to VPSA are hereby ratified. 2. The School Board (a) requests that the City Council issue general obligation school bonds in an aggregate prinCipal amount not to exceed $7,500,000 (the "Bonds") to VPSA for the purpose of financing various capital improvements to the City's public school system, including the replacement of the Virginia Beach Middle School facility, and (b) consents to the issuance of the Bonds to VPSA 3. The Clerk of the School Board is authorized and directed to cause a certified copy of this Resolution to be delivered to the Clerk of the City Council. 4. This resolution shall take effect immediately. Adopted by the School Board of the City of Virginia Beach this 9th day of September 2008. ~i~J~FZv~ Chairman SEA L ATTEST: ~f?~~ Dianne P. Alexander Clerk of the Board School Administration Building' 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038 wW.vbschools.com VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT Name of Jurisdiction (the "Local Unit"): Sale Date: The VPSA Sale Date (expected to be on or about October 22, 2008) Closing Date: On or about November 20, 2008 Proceeds Requested: Maximum Authorized Par Amount: Amortization Period: ******************************************************************************* 1. The Virginia Public School Authority ("VPSA") hereby offers to purchase, solely from the proceeds of VPSA's Series 2008 B Bonds ("VPSA's Bonds"), your general obligation school bonds at a price, determined by VPSA to be fair and accepted by you, that, subject to VPSA's purchase price objective and market conditions described below, is substantially equal to your Proceeds Requested set forth above (as authorized by your bond resolution). The sale of VPSA's bonds is tentatively scheduled for October 22, 2008, but may occur, subject to market conditions, at any time between October 13,2008, and October 30,2008 (the "VPSA Sale Date"). You acknowledge that VPSA has advised you that its objective is to pay you a purchase price for your bonds which in VPSA's judgment reflects their market value ("purchase price objective ") taking into consideration such factors as the amortization schedule you have requested for your bonds relative to the amortization schedules requested by the other localities for their respective bonds, the purchase price received by VPSA for its bonds and other market conditions relating to the sale of VPSA' s Bonds. You further acknowledge that VPSA has advised you that such factors may result ir! your bonds having a value other than par and that in order to receive an amount of proceeds that is substantially equal to your Proceeds Requested, you may need to issue a par amount of bonds that is greater or less than your Proceeds Requested. You, at the request of VPSA, agree to issue an amount of the local school bonds not in excess of the Maximum Authorized Par Amount to provide, to the fullest extent practicable given VPSA's purchase price objective, a purchase price for your bonds and a proceeds amount that is substantially equal to your Proceeds Requested. You acknowledge that the purchase price for your bonds will be less than the Proceeds Requested should the Maximum Authorized Par Amount be insufficient, based upon VPSA's purchase price objective, to generate an amount of proceeds substantially equal to your Proceeds Requested. 2. You represent that on or before October 10, 2008, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your bonds will be in the form set forth in I :1. I the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution and/or your bonds must be approved by VPSA prior to adoption of the local resolution by your local governing body,! 3. You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix F, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds pledged under VPSA's 1997 Resolution comprises more than 10% of the total principal amount of all outstanding 1997 Resolution bonds. MOP status will be determined by adding the principal amount of your local school bonds to be sold to VPSA and the principal amount of your local bonds previously sold to VPSA and currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all bonds outstanding as of the Closing Date under VPSA's 1997 Resolution. If you are or may be a MOP, VPSA will require that you file all the information described in the following paragraph prior to VPSA's distribution of its Preliminary Official Statement, currently scheduled for October 14, 2008. You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP following the issuance of your local school bonds that are the subject of this Bond Sale Agreement, VPSA will include by specific reference in its Preliminary Official Statements and final Official Statements (for this sale and, if you remain a MOP or become a MOP again after ceasing to be a MOP, for applicable future sales) the information respecting you ("Your Information") that is on file with the Nationally Recognized Municipal Securities Information Repositories or their respective successors ("NRMSIRs") and the Municipal Securities Rulemaking Board or its successors ("MSRB"). Accordingly, if VPSA has determined that you are at any time a MOP (I) following the delivery of your local school bonds to VPSA in connection with this sale, or (IT) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (I)(A) the date of VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be October 14,2008), (B) the date ofVPSA's applicable final Official Statement (in the case of this sale, expected to be October 22, 2008) and (C) the date of delivery of VPSA's Bonds (in the case of this sale, expected to be November 20, 2008) and (II) such other dates associated with future sales as VPSA may specify to you, will be true and correct and will not contain any untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in VPSA's official statement or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading. You further agree to furnish to VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date The local resolution has been drafted for the issuance of bonds by a County. Bond counsel will need to make appropriate changes in the local resolution for the issuance of bonds by a City or Town. 2 of this Agreement. Such copy will be furnished to VPSA on or before the day that any such filing is made. VPSA will advise you within 60 days after the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, VPSA will also advise you of your status as a MOP as of any other date. You hereby covenant that you will provide the certificate described in clause (e) of Section 4 below if VPSA includes Your Information by specific reference in its disclosure documents in connection with this sale or any future sale, whether or not you are a participant in such sale. 4. VPSA's commitment to purchase your bonds is contingent upon (I) VPSA's receipt on the Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution (see Appendix B attached hereto) and the school board resolution (see Appendix E attached hereto), (c) an executed agreement, among VPSA, you and the other, if applicable, local units simultaneously selling their bonds to VPSA, the depository and the investment manager for the State Non-Arbitrage Program@ ("SNAP@"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP@ (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if VPSA has included by specific reference Your Information into VPSA' s Preliminary and final Official Statement: your certificate dated the date of the delivery of VPSA's Bonds to the effect that (i) Your Information was as of the date of VPSA's Preliminary and final Official Statements, and is as of the date of the certificate which shall be dated the closing date, true and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, and (ii) you have complied with your undertakings regarding the amendments adopted on November 10, 1994 to Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, (t) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross income for federal and Virginia income tax purposes of the interest on your bonds, the conformity of the terms and provisions of your bonds to the requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the other customary closing documents not listed above, and (h) the proceeds ofVPSA's bonds, (II) if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate of participation or other form of interim fmancing (the "Interim Security"), receipt by VPSA of (a) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will have been paid in full or defeased according to the provisions of the instrument authorizing the Interim Security (in rendering such opinion bond counsel may rely on a 3 I II' I letter or certificate of an accounting or fmancial professional as to any mathematical computations necessary for the basis for such opinion) and (b) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Interim Security and (III) your compliance with the terms of this agreement. One complete original transcript of the documents listed above shall be provided by your counsel to Sidley Austin LLP, bond counsel to VPSA, on the Closing Date or, with VPSA's permission, as soon as practicable thereafter but in no event more than thirty (30) business days after the Closing Date. 5. Subject to the conditions described in Section 4 hereto, this Bond Sale Agreement shall become binding as of the later of the VPSA Sale Date and the date you execute this Bond Sale Agreement. Dated as of October 10,2008. Virginia Public School Authority Name of Jurisdiction: By: Authorized VPSA Representative By: Name: Title: 4 (For information only; not part of the Bond Sale Agreement.) Please have the presiding officer, or other specifically designated agent, of your governing body execute two (2) copies of this Bond Sale Agreement and return them, along with the tax questionnaire attached hereto as Appendix D, no later than close of business on October 10, 2008 to, Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia 23218-1879 or by hand or courier service, James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. JPSA recommends the use of an overnight delivery service to ensure timely a"ival of your documents. If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number; all but one will be returned at closing. 5 I II I APPENDIX A to the Bond Sale Agreement STANDARD TERMS AND CONDITIONS Described below are terms of the local school bonds which must be embodied in your bond resolution and bond form and other conditions which must be met in order for VPSA to purchase your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless and until such terms are present in the related bond resolution and bond form adopted by your governing body and such conditions are met. Section 1. Interest and Principal Payments Your bonds will bear interest from the Closing Date2 set forth in the Bond Sale Agreement and will mature on July 15 of the years and in the amounts as established by VPSA. Your bonds will bear interest payable in installments due semiannually on January 15 and July 15. The first interest and principal installment, will be payable on July 15, 2009. Your bonds will bear interest at rates 10 basis points (0.10%) above the actual rates on VPSA' s Bonds with corresponding principal payment dates. Section 2. Payment For so long as VPSA is the registered owner of your bonds, (a) the paying agent and bond registrar therefor shall be a bank or trust company qualified to serve as such, and (b) all payments of principal, premium, if any, and interest shall be made in funds that shall be immediately available to VPSA on or before 11 :00 AM. on the applicable interest or principal payment date, or date fixed for prepayment or redemption, or if such date is not a business day for banks in Virginia or for the Commonwealth, then on or before 11 :00 AM. on the business day succeeding such scheduled due date. Overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rates on your bonds. Section 3. Prepayment or Redemption Note: Local School Bonds purchased by VPSA as part of the 2008 Fall Interest Rate Subsidy Program are not subject to redemption or prepayment. The following section applies to non-subsidized applicants only. 2 See the Endnotes on page A-5. A-I Bonds will be subject to redemption at the option of your governing body, subject to the consent of VPSA or other registered owner. Your bond resolution shall provide for prepayment or redemption as follows: The bonds maturing after July 15, 2018 are subject to optional prepayment or redemption prior to maturity by the issuer, from any available moneys, in whole or in part, on any date on or after July 15, 2018, at the following prepayment or redemption prices on the following prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or redemption: Dates Price July 15,2018 through July 14,2019 July 15,2019 through July 14,2020 July 15, 2020 and thereafter 101% 100~ 100 Provided, however, that the bonds shall not be subject to prepayment or redemption prior to their respective maturities except with the prior written consent of the registered owner. Notice of any such prepayment or redemption. shall be given to the registered owner by registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment or redemption. A-2 I 01 I Section 4. Security Your bonds must constitute valid and binding general obligations for the payment of which the full faith and credit of the local unit are irrevocably pledged, and all taxable property within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over and above all other taxes and without limitation as to rate or amount, for the payment of the principal of, and premium, if any, and interest on the bonds to the extent other funds of the local unit are not lawfully available and appropriated for such purpose. Section 5. Tax Matters You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale Agreement and send along with the Bond Sale Agreement for receipt no later than the close of business on October 10, 2008 to Richard A. Davis, Public Finance Manager, Virginia Public School Authority, either at P.O. Box 1879, Richmond, Virginia 23218-1879 or if delivered by hand to the James Monroe Building - 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of Proceeds Certificate in the form provided in Appendix C attached to the Bond Sale Agreement for receipt by VPSA at least three business days prior to the Closing Date.3 Section 6. No Composite Issue You will covenant not to sell, without VPSA's consent, any general obligation bonds which are part of the same common plan of fmancing (and payable from the same source of funds) as your local school bonds, during the period beginning 15 days in advance of and ending 15 days after the VPSA Sale Date. As noted in the Bond Sale Agreement, the VPSA Sale Date is expected to be on or about October 22, 2008 but, subject to market conditions, may occur any time between October 13,2008 and October 30, 2008. Section 7. Binding Commitment Subject to the satisfaction of the conditions in Section 4 of the Bond Sale Agreement, the Bond Sale Agreement shall constitute a binding commitment of the Local Issuer to sell its Local School Bonds to VPSA as of the later of the VPSA Sale Date and the date the Local Issuer executes the Bond Sale Agreement. 3 VPSA requires that the Use of Proceeds Certificate be executed separately from the tax certificates prepared by your bond counsel. Your bond counsel may also prepare one or more tax certificates that contain some information found in the Use of Proceeds Certificate in addition to information such as your reasonable expectations as to meeting the requirements to any of the rebate exceptions. A-3 Section 8. Request and Consent of County School Board4 Before the governing body of a County adopts the bond resolution, the County School Board must fIrst request, by resolution, the governing body to take such action. The County School Board must also consent to the issuance of bonds by the County. (See form of resolution in Appendix E attached hereto.) Section 9. Public Hearing and Notice Before the final authorization of your issuance of the bonds by the governing body, the governing body must hold a public hearing on the proposed issue unless the issuance of such bonds has been approved at referendum. The notice of the hearing, meeting the requirements of Section 15.2-2606, Code of Virginia 1950, as amended, must be published once a week for 2 successive weeks (notices at least 7 days apart) in a newspaper published or having general circulation in your locality. The public hearing may not be held less than 6 nor more than 21 days after the date the second notice appears in the newspaper. Section 10. Delivery VPSA will accept delivery of your bonds only in the form of a single, typewritten, temporary bond, in registered form, payable to VPSA. The form of the bond is included as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from VPSA, you agree to deliver, at your expense, in exchange for the typewritten bond, on one or more occasions, one or more temporary bonds or defInitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having the same aggregate principal amount and accruing interest at the same rates as the bonds surrendered in exchange, as requested by VPSA. Section 11. Comprehensive Annual Financial Report Annually for the life of your bonds, you will be required to submit a copy of your locality's Comprehensive Annual Financial Report ("CAFR") or annual audited fInancial statements to the rating agencies referenced below: Moody's Investors Service, Inc. Public Finance Department Attention: Robert Kurtter 7 World Trade Center at 250 Greenwich Street New York, New York 10007 Fitch Ratings Governmental Finance Attention: Richard J. Raphael New York, New York 10004 4 Not applicable to cities and towns. (Section 15.2-2640, Code of Virginia) A-4 I ,I I ENDNOTES 1 If VPSA does not purchase your local school bonds on the Closing Date due to your fault, VPSA will invest, in demand or overnight investments, the amount of its bond proceeds to be used to purchase your local school bonds. If you cure your failure to deliver your local school bonds within the sixty (60) day period following the Closing Date, VPSA will purchase your local school bonds and your bonds will bear interest from the date of delivery and payment or other date satisfactory to VPSA. You will, however, be required to pay to VPSA at your actual closing an amount equal to the positive difference, if any, between the amount of interest that would have accrued on your local school bonds from the Closing Date to your actual closing date less the amount of interest income VPSA was able to earn, during such period, from the investment of its bond proceeds pending their use to purchase your bonds and the arbitrage yield on VPSA's Bonds. A-5 [Appropriate Changes Will Need to be Made for Cities and Towns] APPENDIX B to the Bond Sale Agreement Resolution No. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $ GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF , VIRGINIA, SERIES 2008 _, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of , Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $ and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County [held/will hold] a public hearing, du1y noticed, on , 2008, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Bonds (as hereinafter defmed) and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $ is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedu1es requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and WHEREAS, such factors may resu1t in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any B-1 I ,I I discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF , VIRGINIA: 1 Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $ 2 (the "Bonds") for the purpose of fmancing certain capital projects for school purposes as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2 Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Chairman of the Board and the County [Administrator/Manager], or either of them [that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested]. The Chairman of the Board, the County [Administrator/Manager], or either of them and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement, dated as of October 10, 2008, with VPSA providing for the sale of the Bonds to VPSA. The agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3 Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008 "; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2009 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; ahd shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4 Interest Rates and Principal Installments. The County [Administrator/Manager] is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed [five and fifty one- hundredths percent (5.50 %)] per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The County [Administrator/Manager] is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal 2 105% of the amount of the Proceeds Requested is recommended B-2 Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 5 Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6 Pavment: Pavin2 A2ent and Bond Relristrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Paying Agent for the Bonds. , Virginia, is designated as Bond Registrar and 7 PreD8vment or RedemDtion. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15,2018, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15,2018, and the definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15,2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or ~er July 15,2018, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2018 through July 14, 2019 July 15,2019 through July 14,2020 July 15,2020 and thereafter 101% 100~ 100 Provideg, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. B-3 I ,I I 8 Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9 Plede:e of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10 Use of Proceeds Certificate rand Certificate as to Arbitrae:e.] The Chairman of the Board, the County [Administrator/Manager] and such other officer or officers of the County as either may designate are hereby authorized and directed to execute [a Certificate as to Arbitrage and] a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in [such Certificate as to Arbitrage and] such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11 State Non-Arbitrae:e Proe:ram: Proceeds Ae:reement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County [Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County [ Administrator/ Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12 Continuine: Disclosure Ae:reement. The Chairman of the Board, the County [Administrator/Manager] and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rille 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the B-4 Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defmed in the Continuing Disclosure Agreement). 13 Filine: of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14 Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15 Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk of the Board of Supervisors of the County of , Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on , 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the Board of Supervisors of the County of , Virginia, this _ day of ' , 2008. Clerk, Board of Supervisors of the County of , Virginia [SEAL] B-5 I ,I I EXHffiIT A (FORM OF TEMPORARY BOND) NO. TR-l $ UNITED STATES OF AMERICA COMMONWEALTHOF~GlldA COUNTY OF General Obligation School Bond Series 2008 (*] The COUNTY OF , ~GlldA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the ~GlldA PUBLIC SCHOOL AUTHORITY the \principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15,2009 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of principal, B-6 premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fIxed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 am. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon [mal payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 1bis Bond is duly authorized and issued in compliance with and pursuant to the Constitution ** Letter designation, if any. B-7 I 01 I and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions du1y adopted by the Board of County Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or defInitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole mu1tiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered. owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such defInitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before Ju1y 15, 2018 and the definitive Bonds for which this Bond may be exchanged that mature on or before Ju1y 15,2018, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after Ju1y 15,2018, and the definitive Bonds for which this Bond may be exchanged that mature after Ju1y 15,2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after Ju1y 15,2018, B-8 upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15,2018 through July 14,2019 July 15,2019 through July 14,2020 July 15, 2020 and thereafter 101% 100~ 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date ftxed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of has caused this Bond to be issued in the name of the County of , Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated [November 201, 2008. COUNTY OF VIRGINIA (SEAL) B-9 ATTEST: Clerk, Board of Supervisors of the County of , Virginia B-10 I II Chairman, Board of Supervisors of the County of , Virginia ASSIGNMENT FOR V ALUE RECEIVED, the undersigned sells, assigns and transfers unto (pLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. B-ll I ,I I APPENDIX C to the Bond Sale Agreement USE OF PROCEEDS CERTIFICATE [FOR NEW MONEY] The $ General Obligation School Bonds, Series 2008 (the "Bonds") issued by [Name of Local Unit] (the "Issuer") will be purchased by the Virginia Public School Authority ("VPSA") from the proceeds of the VPSA's $ School Financing Bonds (1997 Resolution), Series 2008 B (the "VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of the sale date of the VPSA' s Bonds. The proceeds of the Bonds will be used to fmance the costs of acquiring, constructing and equipping public school facilities owned and/or operated by the school board for the Issuer (the "School Board"). The Issuer and the School Board each recognize that certain facts, estimates and representations set forth in the Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds must be based on the representations and certifications of the Issuer and the School Board, upon which VPSA and Sidley Austin LLP, its bond counsel ("Bond Counsel") rely, and that the exclusion from gross income for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer and the School Board hereby covenant that: Section 1. Description of Project and Refunded Obligations. The proceeds of the Bonds, including investment income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping of public school facilities of the Issuer (the "Project"). Section 2. Governmental Use of Proceeds. The Issuer and the School Board covenant the following with respect to the use of proceeds of the Bonds and the facilities financed therewith: (a) In General. (i) Private Business Use. No more than ten percent (10%) of the proceeds of the Bonds or the Project (based on the greatest of: (A) the cost allocated on the basis of space occupied, (B) the fair market value, or (C) the actual cost of construction) has been or, so long as the Bonds are outstanding, will be, used in the aggregate for any activities that constitute a "Private Use" (as such term is defined below in subsection (d) of this Section 2). (ii) Private Securitv or Payment. No more than ten percent (10%) of the principal of or interest on the Bonds, under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or indirectly, (A) secured by any interest in (I) property used for a Private Use or (II) payments in respect of such property or (B) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. (b) No Disproportionate or Unrelated Use. With respect to private business use disproportionate to or not related to governmental use fmanced or refinanced with the C-1 proceeds of the Bonds, no more than five percent (5%) of the principal of or interest on such Bonds, under the terms thereof or any underlying arrangement, has been, or, so long as the Bonds are outstanding, will be, directly or indirectly, (x) secured by any interest in (I) property used for a Private Use or (II) payments in respect of such property or (y) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. (c) No Private Loan Financing. No proceeds of the Bonds will be used to make or fmance loans to any person other than to a state or local governmental unit. (d) Definition of Private Use. For purposes of this Certificate, the term "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities other than state or local governmental entities. Any activity carried on by a person other than a natural person is treated as a trade 01 business. The leasing of property financed or refinanced with the proceeds of the Bonds or the access of a person other than a state or local governmental unit to property or services on a basis other than as a member of the general public shall constitute Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary. Use of property financed or refmanced with proceeds of the Bonds by any person, other than a state or local governmental unit, in its trade or business constitutes general public use only if the property is intended to be available and is in fact reasonably available for use on the same basis by natural persons not engaged in a trade or business ("General Public Use"). In most cases Private Use will occur only if a nongovernmental person has a special legal entitlement to use the fmanced or refmanced property under an arrangement with the Issuer or the School Board. Such a special legal entitlement would include ownership or actual or beneficial use of the Project pursuant to a lease, management or incentive payment contract, output contract, research agreement or similar arrangement. In the case of property that is not available for General Public Use, Private Use may be established solely on the basis of a special economic benefit to one or more nongovernmental persons. In determining whether special economic benefit gives rise to Private Use, it is necessary to consider all of the facts and circumstances, including one or more of the following factors: (i) whether the fmanced or refmanced property is functionally related or physically proximate to property used in the trade or business of a nongovernmental person; (ii) whether only a small number of nongovernmental persons receive the economic benefit; and (iii) whether the cost of the financed or refmanced property is treated as depreciable by the nongovernmental person. As of the date hereof, no portion of the Project is leased (or will be so leased) by the Issuer or the School Board (or a related party or agent) to a person or entity other than a state or local governmental unit or to members of the general public for General Public Use. C-2 I II I (e) Management and Service Contracts. With respect to management and service contracts, the determination of whether a particular use constitutes Private Use under this Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997- 1 C. B. 632, as modified by Revenue Procedure 2001-39, 2001-2 C.B. 38 (collectively, "Revenue Procedure 97-13 "). As of the date hereof, no portion of the proceeds derived from the sale of the Bonds is being used to fmance or refinance property subject to contracts or other arrangements with persons or entities engaged in a trade or business (other than governmental units) that involve the management of property or the provision of services with respect to property fmanced or refmanced with proceeds of the Bonds that does not comply with the standards of Revenue Procedure 97-13. For purposes of determining the nature of a Private Use, any arrangement that is properly characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an arrangement that is referred to as a management or service contract may nevertheless be treated as a lease. In determining whether a management contract is properly characterized as a lease, it is necessary to consider all of the facts and circumstances, including the following factors: (i) the degree of control over the property that is exercised by a nongovernmental person; and (ii) whether a nongovernmental person bears risk of loss of the financed or refinanced property. Section 3. Time Test and Due Diligence Test. The Issuer or the School Board have incurred or will incur within 6 months of the date hereof substantial binding obligations, which are not subject to contingencies within the control of the Issuer or the School Board or a related party, to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project. The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of the Bonds within three years of the date hereof. Section 4. Dispositions and Change in Use. (a) No Sale or Disposition. The Issuer and the School Board expect to own and operate and do not expect to sell or otherwise dispose of the Project, or any component thereof, prior to the fmal maturity date of the VPSA's Bonds (August 1, [20.-J). (b) No Change in Use. The Issuer and the School Board represent, warrant and covenant that the Project will be used for the governmental purpose of the Issuer and the School Board during the period of time the Bonds are outstanding, unless an opinion of Bond Counsel is received with respect to any proposed change in use ofthe Project. Section 5. No Sinking or Pledged Funds. The Issuer and the School Board have not established and will not establish any funds or accounts that are reasonably expected to be used to pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for the Bonds for which there is a reasonable assurance that amounts on deposit therein will be available to pay debt service on the Bonds if the Issuer or the School Board encounters fmancia1 difficulty. C-3 Section 6. No Replacement Proceeds. (a) In General. No portion of the proceeds of the Bonds will be used as a substitute for other funds that prior to the Issuer's resolving to proceed with the issuance of the Bonds was used or is to be used to pay any cost of the Project. (b) Safe Harbor. In accordance with Section 1.148-1 (c) of the Treasury Regulations regarding the safe harbor against the creation of "replacement proceeds", as of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of the reasonably expected economic life of the Project fmanced thereby. Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the payment of any principal of or interest on any obligations of the Issuer, other than the Bonds, incurred in the exercise of its borrowing power. Section 8. Composite Issue. There are no other obligations of the Issuer that have been, or will be (a) sold within 15 days of the VPSA's Bonds or the Bonds, (b) sold pursuant to the same plan of fmancing together with the Bonds, and (c) paid out of substantially the same source of funds as the Bonds. Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or permit any action that would cause (a) the payment of principal of or interest on the Bonds to be guaranteed, directly or indirectly, in whole or in part by the United States or any agency or instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in making loans the payment of principal of or interest on which is guaranteed in whole or in part by the United States or any agency or instrumentality thereof or (ii) invested directly or indirectly in federally insured deposits or accounts (except as permitted under Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"), or the regulations promulgated thereunder). The Issuer and the School Board have not, and will not enter into, any (i) long-term service contract with any federal governmental agency, (ii) service contract with any federal governmental agency under terms that are materially different from the terms of any contracts with any persons other than federal government agencies, and (iii) lease of property to any federal government agency that would cause the Bonds to be considered "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 10. No Hedge Bonds. The Issuer and the School each reasonably expects that all of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three years of the date hereof. Furthermore, not more than 50 percent of the proceeds of the Bonds will be invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four years or more. Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts necessary to finance the Project. Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer and C-4 I I I the School Board represent the following with respect to the costs of the Project to be reimbursed from the proceeds of the Bonds. (a) Official Intent. The total amount of reimbursed costs incurred by the Issuer with respect to the Project is not expected to exceed $ . Such expenditures were paid prior to the date hereof but no earlier than sixty (60) days prior to _, _, which is the date the Issuer or the School Board adopted its "official intent" declaration (the "Official Intent Declaration") in accordance with Section 1.150-2 of the Treasury Regulations. The Official Intent Declaration: (i) was, on the date of its adoption, intended to constitute a written documentation on behalf of the Issuer that states that the Issuer reasonably expected to reimburse itself for such expenditures with the proceeds of a taxable or tax-exempt borrowing, (ii) set forth a general description of the Project, and (iii) stated the maximum principal amount of debt expected to be issued for the Project. Neither the Issuer nor the School Board has taken any action subsequent to the expression of such intent that would contradict or otherwise be inconsistent with such intent. (b) Reasonable Official Intent. As of the date of the Official Intent Declaration, the Issuer reasonably expected to reimburse such expenditures with the proceeds of a borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for which an intention to reimburse such expenditures was declared and which were actually paid by the Issuer other than in circumstances that were unexpected and beyond the control of the Issuer. (c) Reimbursement Period Requirement. The proceeds derived from the sale of the Bonds to be applied to reimburse the above-described expenditures will be so applied no later than the later of the date that is (i) eighteen (18) months after the date on which the expenditure being reimbursed was paid, or (ii) eighteen (18) months after the date on which the portion of the Project to which such expenditure relates was placed in service (within the meaning of Section 1.150-2 of the Treasury Regulations) or abandoned. The Issuer shall not, however, use Bond proceeds to reimburse the above-described expenditures later than three (3) years after the date the original expenditure was paid. (d) Reimbursable Exoenditures. The expenditures to be reimbursed are either (i) capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury Regulations), (ii) costs of issuance, (iii) certain working capital expenditures for extraordinary, nonrecurring items that are not customarily payable from current revenues (within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv) grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v) qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans (within the meaning of Section 1.150-1(b) of the Treasury Regulations). None of the C-5 expenditures to be reimbursed were incurred for day-to-day operating costs or similar working capital items. (e) Anti-Abuse Rules. No portion of the proceeds of the Bonds being used to reimburse the Issuer for prior expenditures will be used, directly or indirectly, within one year of the date of a reimbursement allocation, in a manner that results in the creation of replacement proceeds (within the meaning of Section 1.148-1 of the Treasury Regulations), other than amounts deposited in a bona fide debt service fund. Section 13. Private Activity Covenants. The Issuer and the School Board each represents, warrants and covenants that it will take no action that would cause either the Bonds or the VPSA's Bonds to be private activity bonds within the meaning of Section 141(a) of the Code and that it will not fail to take any action that would prevent the VPSA's Bonds and the Bonds from being private activity bonds, within the meaning of Section 141(a) of the Code. Furthermore, the Issuer and the School Board have established reasonable procedures to ensure compliance with this covenant. Section 14. No Artifice or Device. None of the proceeds of the Bonds will be used in a manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147 of the Code and the Issuer has not engaged and will not engage in a transaction or series of transactions enabling it to exploit the difference between tax-exempt and taxable interest rates to gain a material fmancial advantage and which increases the burden on the market for tax-exempt obligations, including selling obligations that would not otherwise be necessary or issuing obligations sooner or allowing them to remain outstanding longer than would otherwise be necessary. Section 15. Covenant as to Arbitrage. The Issuer and the School Board each represents, warrants and covenants that whether or not any of the Bonds remain outstanding, the money on deposit in any fund or account maintained in connection with the Bonds, whether or not such money was derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner that would cause the Bonds or the VPSA's Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the applicable regulations thereunder. Section 16. Tax Covenant. The Issuer and the School Board each represents, warrants and covenants that it will not take any action which will, or fail to take any action which failure will, cause the interest on the Bonds or the VPSA's Bonds to become includable in the gross income of the owners of the Bonds or the VPSA' s Bonds for federal income tax purposes pursuant to the provisions of the Code and the regulations promulgated thereunder in effect on the date of original issuance of the Bonds and the VPSA' s Bonds. C-6 I ,I ' Date: [NAME OF LOCAL ISSUER] By: Name: Title: [NAME OF SCHOOL BOARD] By: Name: Title: C-7 APPENDIX D to the Bond Sale Agreement CONSTRUCTION EXCEPTION AND EIGHTEEN-MONTH EXCEPTION TO THE REBATE REQIDREMENT QUESTIONNAIRE The purpose of this questionnaire is to elicit facts concerning the expenditure of the proceeds of the City/County of (the "Issuer") general obligation school bonds (the "Bonds") in order to make an initial determination that the construction exception from the rebate requirement provided by Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended, or the eighteen month exception from the rebate requirement provided by Section 1.148-7 (d) of the Treasury Regulations is available. Please supply the information requested below and send this questionnaire to Richard A. Davis, Public Finance Manager, Virginia Public School Authority, P. O. Box 1879, Richmond, Virginia 23218-1879, for receipt no later October 10, 2008, with a copy to your bond counsel. 1. Briefly describe the project (the "Project") to be financed with the proceeds of the Bonds including the useful life of the project(s) being financed. 2. (a) Indicate the total amount of proceeds to be derived from the sale of the Bonds. (b) Indicate the amount that you reasonably expect to receive from the investment of the Bond proceeds prior to spending all of the Bond proceeds set forth above in Question 2 (a). (c) Indicate the amount of proceeds derived from the sale of the Bonds that you expect to use to fmance the issuance costs of the Bonds. (e.g. your legal fees) (d) The amount set forth in Questions 2(a) plus the amount set forth in Question 2(b) reduced by the amount set forth in Question 2( c) equals $ . This amount is hereinafter referred to as "Available Construction Proceeds", Any bond premium derived from sale of the bonds and any investment earnings thereon will be treated as Available Construction Proceeds. D-1 I ,I I 3. Indicate the amount of money, other than the Available Construction Proceeds of the Bonds, that will be applied toward the cost of the Project and the expected source of such money. Indicate what such money will be used for. 4. Indicate, by principal components, your current estimates of the cost for the acquisition and construction of the Project that will be fmanced with the Available Construction Proceeds of the Bonds, including: (a) Acquisition of Interest in Land (b) Acquisition of Interest in Real Property 1 (c) Acquisition and/or Installation of Tangible Personal Properlf (d) Site Preparation (e) Construction of Real Property3 (f) Reconstruction of Real Property4 (g) Rehabilitation of Real Property5 (h) Construction of Tangible Personal Property6 (i) Specially developed computer software 7 G) Interest on the Bonds during Construction (k) Other (please specify) $ (I) Total $ (Note: The sum of the amounts described in (a) through (k) must equal the amount of Available Construction Proceeds of the Bonds set forth in Question 2(d).) 1-7 See the Endnotes on pages 0-7 and 0-8. 5. (a) Have you borrowed, directly or indirectly, (such as through an industrial development authority) any money, either through a tax-exempt bank loan, a bond anticipation note, any tax-exempt or taxable obligation or otherwise (a "loan"), to pay for the Project costs? Yes No (b) Do you intend to use the proceeds of the Bonds to refmance or repay any loan used to fmance the Project costs? Yes No D-2 (c) If the answer to Question 5(b) is "Yes", please attach a copy of the BAN, COP, or other evidence of the loan and any tax certificate executed with such loan and indicate the following: (i) Amount of loan: (ii) Date of loan: (iii) Maturity date of loan: (iv) Interest rate of loan: (v) Name oflender: (vi) Refmance or repayment date: (vii) Amount of unspent proceeds, if any: (viii) Where unspent proceeds are being held (e.g. SNAP): (d) If the answer to question 5(a) or (b) is "Yes", did you use the proceeds of the loan to reimburse yourself for expenses paid with respect to the Project before the loan was obtained? Yes No (e) If the answer to question 5(b) is "Yes", do you expect to qualify for the small issuer exception for the loan. 6. (a) Do you intend to reimburse yourself from the proceeds of the Bonds for Project costs advanced from your General Fund or other available sources? Yes No (b) If the answer to Question 5(d) or Question 6 (a) is "Yes", with respect to all such expenditures, please indicate the amount of such expenditure, when such expenditure was paid and the purpose of the expenditure (Le., architectural fees, engineering fees, other construction costs): (i) Amount expended $ (ii) Date of expenditure: (iii) Purpose of expenditure: (Note: if you intend to reimburse yourself for more than one expenditure, please attach a rider setting forth: (i) amount expended, (ii) date of expenditure, and (iii) purpose of expenditure) 7. If the answer to Question 5( d) or 6(a) is "Yes" please attach a copy of any other evidence of your intention to reimburse yourself with the proceeds of a borrowing such as the earliest possible resolution, declaration or minutes of a meeting. Include the date such resolution was adopted, meeting was held or declaration made. D-3 I il I [The purpose of questions 8, 9 and 10 is to determine if the Bonds may qualify for the Construction Exception from the Rebate Requirement.] 8. Indicate whether the total of the amounts shown in 4(d) through (i) on page D-2 is at least 75% of the amount of Available Construction Proceeds (Le., 75% of the amount in 4(i). Yes No If the answer to Question 8 is "Yes", answer Question 9 and skip Question 1 O. If the answer to Question 8 is "No", skip Question 9 and answer Question 10. 9. (a) Assuming the Bonds are delivered on November 20,2008 and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/County expects to expend and disburse during the following time periods: From November 20, 2008 to May 20, 2009 $ From May 21, 2009 to November 20,2009 From November 21,2009 to May 20,2010 From May 21, 2010 to November 20,2010 Tota19 $ 8 8 and 9 See the Endnotes on page D-8. D-4 (b) If you do not expect to spend 100% of Available Construction Proceeds by November 20, 2010, do you expect to spend 100% of Available Construction Proceeds by November 20,20117 Yes No 10. For purposes of this Question 10, assume that the Bonds are delivered on November 20, 2008 and funds are made available to you on that date. (a) Does the City/County expect to expend and disburse the amount shown in Question 4(a) for the acquisition ofland by May 20, 20097 Yes No (b) Does the City/County expect to expend and disburse the amount shown in Question 4(b) for the acquisition of interests in real property by May 20, 20097 Yes No (c) Does the City/County expect to expend and disburse the amount shown in Question 4( c) for the acquisition and! or installation of tangible personal Property by May 20, 2009? Yes No (d) (i) Does the City/County expect to expend and disburse the amount shown in. question 4(1) by November 20,20117 Yes No (ii) Assuming that the Bonds are delivered on May 15,2008, and funds are made available to you on that date, please complete the following schedule indicating the amount of Available Construction Proceeds that the City/County expects to expend and disburse during the following time periods: From November 20, 2008 to May 20, 2009 $ From May 21,2009 to November 20,2009 From November 21,2009 to May 20,2010 From May 21,2010 to November 20,2010 10 Total $ 10 See the Endnotes on page D-8. D-5 ," I [The purpose of question 11 is to determine if the Bonds may qualify for the Eighteen Month Exception from the Rebate Requirement.] 11. The sum ofthe amounts set forth in Questions 2(a) and 2(b) equals $ (the "gross proceeds"). Assuming that the Bonds are delivered on November 20, 2008 and funds are made. available to you on that date, please complete the following schedule indicating the amount of gross proceeds that the City/County expects to expend and disburse during the following time periods: From November 20, 2008 to May 20, 2009 $ From May 21, 2009 to November 20,2009 From November 21,2009 to May 20,2010 Total $ 12. (a) Will this issue qualify for the Small Issuer Exception? Yes No (b) List any general obligation bond financings the City/County has undertaken or is planning to undertake in the calendar year 2008. I understand that the foregoing information will be relied upon by the Virginia Public School Authority (the "Authority") in determining the applicability of the construction exception to the Authority's School Financing Bonds (1997 Resolution), Series 2008 B I hereby certify that I am familiar with the Project or have made due inquiry in order to complete this Questionnaire with respect to the Project and am authorized by the City/County to provide the foregoing information with respect to it, which information is true, correct, and complete, to the best of my knowledge. Include amounts expended prior to November 20, 2008 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. D-6 Name of Person Completing Questionnaire Title Signature Date D-7 II I ENDNOTES 1. For purposes of this questionnaire, "real property" means improvements to land, such as buildings or other inherently permanent structures, including items that are structural components of such buildings or structures. For example, real property includes wiring in a building, plumbing systems, central heating or central air conditioning systems, pipes or ducts, elevators or escalators installed in a building, paved parking areas, road, wharves and docks, bridges and sewage lines. For purposes of this questionnaire, tangible personal property means any tangible property except real property. For example, tangible personal property includes machinery that is not a structural component of a building, school buses, automobiles, office equipment, testing equipment and furnishings. 2. See description of real property in endnote 1. This includes all capital expenditures that are properly chargeable to or may be capitalized as part of the basis of the real property prior to the date the property is placed in service. For purposes of this questionnaire, expenditures are considered paid in connection with the construction, reconstruction or rehabilitation of real property if the contract between the Issuer and the seller requires the seller to build or install the property (such as under a ''turnkey contract") but only to the extent the property has not been built or installed at the time the parties enter into the contract. If the property has been partially built or installed at the time the parties enter into the contract, the expenditures that are allocable to the portion of the property built or installed before that time are expenditures for the acquisition of real property. 3. See endnote 3. 4. See endnote 3. 5. For purposes of this questionnaire, expenditures are in connection with the construction of tangible personal property, as defined in endnote 2, if: 6. (a) A substantial portion of the property or properties is completed more than 6 months after the earlier of the date construction or rehabilitation commenced and the date the Issuer entered into an acquisition contract; (b) Based on the reasonable expectations of the Issuer, if any, or representations of the person constructing the property, with the exercise of due diligence, completion of construction or rehabilitation (and delivery to the Issuer) could not have occurred within that 6-month period; and (c) If the Issuer itself builds or rehabilitates the property, not more than 75% of the capitalizab1e cost is attributable to property acquired by the Issuer (e.g., components, raw materials and other supplies). 7. Specially developed computer software means any programs or routines used to cause a computer to perform a desired task or set of tasks, and the documentation required to describe and maintain those programs, provided that the software is specially developed and is functionally related and subordinate to real property or other constructed personal property. D-8 8. Include amounts expended prior to November 20, 2008 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. 9. Total should equal the amount in 4(1). 10. Include amounts expended prior to November 20, 2008 and approved by your bond counsel for reimbursement from your bond proceeds. This does not include any amount used to refinance or repay any loan. D-9 I I APPENDIX E to the Bond Sale Agreement RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL. PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of (the "School Board") hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of issue its general obligation school bonds (the "Bonds") in an aggregate principal amount sufficient to provide $ proceeds for the purpose of financing certain capital projects for school purposes and (ii) consents, pursuant to Section 15.2- 2638.B(iii) of the Code and Article VII, Section 1 O(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2008 Fall Pooled Bond Sale. 3. This resolution shall take effect immediately. * * * Members present at the meeting were: . Members absent from the meeting were: . Members voting in favor of the foregoing resolution were: . Members voting against the foregoing resolution were: . Members abstaining from voting on the foregoing resolution were: E-1 APPENDIX F to the Bond Sale Agreement CONTINUING DISCLOSURE AGREEMENT [This Continuing Disclosure Agreement will impose obligations on the Local Issuer if and only if the Local Issuer is or has become and remains a "Material Obligated Person", as defined below] This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the Virginia Public School Authority (the "Authority") of $ aggregate principal amount of its School Financing Bonds (1997 Resolution) Series 2008 B (the "Series 2008 B Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on October 23, 1997, as amended and restated. The Series 2008 B Bonds and all other parity bonds heretofore and hereafter issued under the 1997 Resolution are collectively called the "Bonds". A portion of the proceeds of the Series 2008 B Bonds are being used by the Authority to purchase certain general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a bond sale agreement between the Authority and the Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Local Issuer for the benefit of the holders of the Series 2008 B Bonds and in order to assist the Participating Underwriters (defmed below) in complying with the Rule (defmed below). The Local Issuer acknowledges that it is undertaking primary responsibility for any reports, notices or disclosures that may be required under this Agreement. SECTION 2. DefInitions. In addition to the definitions set forth in the 1997 Resolution, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defIned in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "bond sale agreement" shall mean the Bond Sale Agreement and any other comparable written commitment of the Local Issuer to sell local school bonds to the Authority. "Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by such Local Issuer and which has filed with such Local Issuer a written acceptance of such designation. "Filing Date" shall have the meaning given to such term in Section 3(a) hereof. "Fiscal Year" shall mean the twelve-month period at the end of which fmancial position and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1 F-l and continues through June 30 of the next calendar year. "holder" shall mean, for purposes of this Disclosure Agreement, any person who is a record owner or beneficial owner of a Series 2008 B Bond. "Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rule. "local school bonds" shall mean any of the Local School Bonds and any other bonds of the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution. "Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal amount of all outstanding Bonds of the Authority. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. "Participating Underwriter" shall mean any of the original underwriters of the Authority's Series 2008 B Bonds required to comply with the Rule in connection with the offering of such Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private depository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. SECTION 3. Provision of Annual Reports. (a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year ended June 30, 2008) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.1 Not later than ten (10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case, the Annual Report (i) may be submitted as a single document or as separate documents comprising a package, (ii) may cross-reference other information as provided in Section 4 of this Disclosure Agreement and (iii) shall include 1 The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to its status as a MOP as of any other date. F-2 the Local Issuer's audited financial statements prepared in accordance with applicable State law or, if audited [mancial statements are not available, such unaudited financial statements as may be required by the Rule. In any event, audited [mancial statements of such Local Issuer must be submitted, if and when available, together with or separately from the Annual Report. (b) If the Local Issuer is unable to provide an Annual Report to the Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the Municipal Securities Rulemaking Board and any State Repository in substantially the form attached hereto as Exhibit A. SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual Report required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual [mancial information relating to the Local Issuer, including operating data, (i) updating such information relating to the Local Issuer as shall have been included or cross-referenced in the final Official Statement of the Authority describing the Authority's Series 2008 B Bonds or (ii) if there is no such information described in clause (i), updating such information relating to the Local Issuer as shall have been included or cross-referenced in any comparable disclosure document of the Local Issuer relating to its tax-supported obligations or (Hi) if there is no such information described in clause (i) or (ii) above, initially setting forth and then updating the information referred to in Exhibit B as it relates to the Local Issuer, all with a view toward assisting Participating Underwriters in complying with the Rule. Any or all of such information may be incorporated by reference from other documents, including official statements of securities issues with respect to which the Local Issuer is an "obligated person" (within the meaning of the Rule), which have been filed with each of the . Repositories or the Securities and Exchange Commission. If the document. incorporated by reference is a [mal official statement, it must be available from the Municipal Securities Ru1emaking Board. The Local Issuer shall clearly identify each such other document so incorporated by reference. SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that knowledge of the occurrence of a Listed Event with respect to its local school bonds would be material, such Local Issuer shall promptly file a notice of such occurrence with each National Repository or the Municipal Securities Ru1emaking Board and each State Repository, if any, with a copy to the Authority. SECTION 6. Alternative Filing. The Local Issuer may, in lieu of filing with the Repositories and each State Repository the Annual Reports and other notices referred to in Sections 3(a), 3(b) and 5 hereof, make such filings with DisclosureUSA, the central post office of the Municipal Advisory Council of Texas. Should the Securities and Exchange Commission F-3 i I approve any additional Internet based electronic filing system for satisfying the continuing disclosure filing requirements of the Rule, filing with any such system shall satisfy the filing requirements under this Disclosure Agreement. SECTION 7. Termination of Re"orting Obligation. The Local Issuer's obligations under this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final retirement of all the Local School Bonds. SECTION 8. Dissemination Agent. The Local Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer shall be the Dissemination Agent. [The initial Dissemination Agent shall be .] SECTION 9. Amendment. Notwithstanding any other provision of this Disclosure Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been approved in writing by the Authority and is supported by an opinion of independent counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that such amendment is permitted or required by the Rule. SECTION 10. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Local Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to. include any information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 11. Default. Any person referred to in Section 12 (other than the Local Issuer) may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Local Issuer to file its Annual Report or to give notice of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate principal amount of Bonds outstanding may, take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to challenge the adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall not be deemed an event of default under the applicable resolution or bonds of the Local Issuer, and the ~ole remedy under this Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith shall be an action to compel performance. Nothing in this provision shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable laws. SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time F-4 of the Authority's Bonds, and shall create no rights in any other person or entity. SECTION 13. Counteroarts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Date: [LOCAL ISSUER] By F-5 II i EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT [AUDITED FINANCIAL STATEMENTS] Re: VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING BONDS (1997 Resolution) SERIES 2008 B CUSIP Numbers: Dated: November 1,2008 Name of Local Issuer NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in connection with the above-named bonds issued pursuant to that certain Series Resolution adopted on [September 11, 2008], by the Board of Commissioners of the Virginia Public School Authority, the proceeds of which were used to purchase $ [School Bonds] of the [Local Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by .] The Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above- named bonds of the Authority. Dated: [LOCAL ISSUER] By F-6 EXHIBIT B CONTENT OF ANNUAL REPORT Description of the Local Issuer. A description of the Local Issuer including a summary of its form of government, budgetary processes and its management and officers. Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt including a historical summary of outstanding tax-supported debt; a summary of authorized but unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt; and a summary of annual debt service on outstanding tax-supported debt as of the end of the preceding fiscal year. The Annual Report should also include (to the extent not shown in the latest audited fmancial statements) a description of contingent obligations as well as pension plans administered by the Local Issuer and any unfunded pension liabilities. Financial Data. Financial information respecting the Local Issuer including a description of revenues and expenditures for its major funds and a summary of its tax policy, structure and collections as of the end of the preceding fiscal year. Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan. Demographic, Economic and Supplemental Information. A summary of the Local Issuer's demographic and economic characteristics such as population, income, employment, and public school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual Report should also include a description of material litigation pending against the Local Issuer. F-7 i ,I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-20 Pertaining to Time and Place of Regular City Council Meetings MEETING DATE: October 14, 2008 . Background: Pursuant to City Charter 9 3.06, City. Council is authorized to adopt its own rules of procedure, including setting the time and location of its meetings, so long as Council holds at least one meeting per month. . Considerations: Currently, the City Council has regular meetings on the 1 st, 2nd and 4th Tuesday of each month. This ordinance will change City Council's regular meetings to the 2nd and 4th Tuesday of each month, and Council will instead convene an informal session on the 1st Tuesday of each month. Also, several additional amendments have been included to clarify the language of the Code section and to bring the Code into conformance with current practices. For example, although the current Code provides that informal meeting on the 3rd Tuesday "shall be recorded on audiotape," Video Services has broadcast such meetings .live for several years. Accordingly, the amended language provides that all formal and informal meetings shall be broadcast live. The sole exception is for meetings held in a location other than Council Chambers or the Council Conference Room. Video Services will videotape any such meeting for later broadcast. No such meeting may be held at an alternative location absent a vote of City Council approving the change in location. Finally, these code changes will not require any changes to City Council's Policy on Speakers at Council Meetings. That policy provides that the "open mic" session for comments on non-agenda items shall be held "after the conclusion of the first formal session of each month." Accordingly, if this ordinance is adopted, comment on non- agenda items will be heard after conclusion of the first formal session of the month, which will be the 2nd Tuesday of each month (other than July and December, during which formal sessions will continue to be held on the 1 st Tuesday of the month). . Public Information: Public information will be provided through the normal Council agenda process. . Attachments: Ordinance. Requested by Council member Dyer I I II REQUESTED BY COUNCILMEMBER DYER 1 AN ORDINANCE TO AMEND SECTION 2-20 2 OF THE CITY CODE PERTAINING TO TIME 3 AND PLACE OF REGULAR CITY COUNCIL 4 MEETINGS 5 6 SECTION AMENDED: 9 2-20 7 B BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-20 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-20. Time and place of regular meetings. 15 16 (a) Regular formal meetings of the council shall be held in the Council Chambers 17 of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the fifst, second 18 and fourth Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal 19 holiday, in 'Nhich C3se the meeting sh311 be held on the next succeeding d3Y which is 20 not 3 holid3Y 3nd 3t the S3me hour, except as otherwise provided by speci31 resolution 21 of the council. However, in July and December of each year, regular meetings shall 22 instead be held on the first two (2) Tuesdays of the month at 6:00 p.m. No meetings 23 Sh311 be held on the third 3nd fourth Tuesd3Ys in December. The council may also 24 convene informal meetings on the dates of regular formal meetings at such times as the 25 council may deem appropriate, and on the first and third Tuesday of every month except 26 July and December from 4:00 p.m. to 6:00 p.m. Informal meetings, which shall be held 27 in the Council Conference Room adjacent to the Council Chambers and at which no 2!3 votes shall be cast, shall be for the purpose of discussing matters of interest to the 2:) council, and receiving briefings/reports from the city manager, city staff and city boards, 30 commissions, committees and other city agencies. The city manager Shall notify the 31 public of the times of such informal meetings in advance thereof. 32 33 (b) To accommodate citizen participation in public hearings, the council may by 34 resolution vote convene any council meeting at such public facility in the city that will in 35 the judgment of city council accommodate the citizens; provided, however, that notice 36 shall be provided to the press and public by the city manager. 3'7 38 (c) Pursuant to section 2-56. the City Clerk shall prepare official minutes of all 3B formal and informal meetinQs of the council. Additionally. all formal and informal 40 meetings of council held in either the Council Chambers or the Council Conference 4'1 Room shall be cablecast live.:.,., with the exception of the informal meeting~ held on the 42 first 3nd third Tuesd3Y of each month from 4:00 p.m. to 6:00 p.m. which Formal and 43 informal meetinas held at a different location pursuant to subsection (b) shall be 44 recorded on audiotape for later cablecast. Notwithstandinq the above. the inooerability 45 or other technical malfunction of cablecastinq or video recordinq of a meetinq shall have 46 no effect on the validity of either the meetinq or any action taken durinq the meetinq. 47 The effective date of this ordinance shall be January 1, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY: ,:e ~ J===== City Attorney's Office CA 10875 R-4 October 9,2008 i I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish a Capital Improvement Program Project and Transfer Funds for Town Center Pedestrian Safety Improvements MEETING DATE: October 14,2008 . Background: As a result of City Council discussions, led by the Mayor at the Annual Retreat in August, 2008, the City staff was asked to assess the possibilities for reducing the risk of pedestrians crossing Virginia Beach Boulevard in the Town Center outside of the designated crossing areas. City Council expressed concern that allowing this continued behavior would result in a catastrophic incident and stressed the need to come up with solutions that would prevent our citizens and visitors from taking great risks while crossing Virginia Beach Boulevard mid-block. Additionally, it was noted that not all intersections within Town Center had adequate pedestrian crosswalks and appropriate signals. City Council referenced similar corrective actions taken by the City of Norfolk in the vicinity of McArthur Mall and Waterside to channel pedestrian traffic to the designated crossing sites, and asked staff to review those measures and to determine applicability within our Town Center. They also requested that, in addition to infrastructure enhancements related to pedestrian crossing, cost estimates be provided and a possible funding source be identified. . Considerations: As requested by City Council, staff of the Department of Public Works and the Department of Parks and Recreation conducted a Pembroke Pedestrian Safety Improvements Study and recommended the following improvements: 1. Mid-Block Pedestrian Crossing Barrier - The installation of mid-block pedestrian crossing barrier (fence and landscaping) along the median of Virginia Beach Boulevard between Constitution Drive and Independence Boulevard. The estimated cost is $167,000. 2. Virginia Beach Boulevard at Constitution Drive - The installation of countdown pedestrian signals and crosswalks similar to the pedestrian crossing at Central Park Boulevard and Virginia Beach Boulevard. The es.timated cost is $41,000. The source of funding for these improvements is the General Fund Regular Reserve for Contingencies. The balance in the Reserve, prior to approval of this item, is $634,859. . Public Information: Public information will be provided through the normal City Council agenda process. . Alternatives: If the requested $208,000 fund is not appropriated, the pedestrian safety improvements will not be constructed until such time that an alternative funding source is found. . Recommendations: It is recommended that the ordinance be approved appropriating $208,000 from the General Fund Regular Reserve for Contingencies to CIP project #9-084, Town Center Pedestrian Safety Improvements. . Attachments: Ordinance and Pembroke Pedestrian Safety Improvements Study. Recommended Action: Adopt Ordinance Submitting Department/Agency: Department of Public Works City Manager: ~ k , ~ I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 of 16 17 AN ORDINANCE TO ESTABLISH A CAPITAL IMPROVEMENT PROGRAM PROJECT AND TRANSFER FUNDS FOR TOWN CENTER PEDESTRIAN SAFETY IMPROVEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP #9-084, Town Center Pedestrian Safety Improvements, is hereby established as a capital project in the FY 2008-09 capital budget. 2. That $208,000 is hereby transferred from the General Fund Regular Reserve for Contingencies in the FY 2008-09 Operating Budget to CIP #9-084 for pedestrian safety improvements at Town Center. Adopted by the Council of the City of Virginia Beach, Virginia on the day 2008. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: J~~~Q~ Management Services ~~ceJ-- CA 10886 R-2 October 9,2008 City of -V-:a.rgirria Beach VJI&Iw..x.a OffICE OF THE CITY MANAGER 757-385-4242 FAX (757) 427.5626 TOO (757) 385-4305 1oMooP... CanER SUI-DING NtM8EIl t. Roow ~ 2~1 CouuHClllSl ORM Ii1RGlMA BF.ACH. VA 23451>9001 INTER-OFFICE MEMORANDUM DATE: September 5, 2008 TO: City Manager James K. Spore Dave Hansen, Deputy City Manag~JI FROM: SUBJECT: Town Center Pedestrian Safety Improvements As requested by City Council, Public Works and Parks and Recreation staff have conducted a Town Center Pedestrian Safety Improvement Study and the results are attached. The study focuses on reducing the risk to pedestrians while crossing the busy roads of Town Center. This review focused on: mid-block pedestrian crossing, major intersection pedestrian crossing, and pedestrian signal operation. Mid-block pedestrian crossing has become an issue on Virginia Beach Boulevard between Constitution Drive and Independence Boulevard. Staff has provided three versions of a strategy to reduce this activity, each of which incorporates a median treatment ofplantings, trees and decorative fence to discourage mid-block crossing. The cost of the three options ranges from $132K to $167K. The cost variation is contingent upon the alignment of the fence and quantity of plantings. Staff is recommending that we install decorative fencing on both sides of the median to ensure pedestrian visibility of this barrier and therefore, accomplish the intended effects. (Concept One) Staff also looked at two major intersections: Virginia Beach Boulevard/Independence Boulevard and Virginia Beach Boulevard/Constitution Drive: · Virginia Beach Boulevardllndepeodence Boulevard: Mechanical repairs and a reevaluation of the signal light timing were conducted and no additional changes were recommended for the crosswalk infrastructure currently in place. Town Center Pedestrian Safety Improvements September 5,2008 Page 2 . Virginia Beach Boulevard/Constitution Drive: Because no pedestrian crossing exists at this location the staff is recommending the installation of a pedestrian crossing infrastructure to support increased pedestrian traffic created by implementation of the median pedestrian barrier described above. Installation of pedestrian signals and a crosswalk costs $41K. This pedestrian crossing will be similar to the pedestrian crossing at Central Park Boulevard and Virginia Beach Boulevard. Pedestrian safety is a major concern for City leadership and the growth of Town Center has created a heightened risk for our citizens. It is the recommendation of staff to request City Council appropriate $208,000 from our reserve fOT contingency fund. These funds would be used to install the mid-block pedestrian crossing barrier (fence and landscaping) and a pedestrian crossing signal and crosswalk. Should you have any questions please contact Bob Oey, Public Works Traffic Engineer or myself. DLH/s Attachment c: Les 1. Lilley Steve Herbert Catheryn Whitesell Jason Cosby Jack Whitney Warren Harris John Fowler Bob Oey Pembroke Pedestrian Safety Improvement Study This report addresses concerns regarding pedestrian safety in the Pembroke area of Virginia Beach. During City Council discussion about the pedestrian bridge to be constructed from Town Center to Pembroke Mall, questions were raised about what can be done now to improve pedestrian safety. This report addresses specific concerns that have been brought forward. . Pedestrians are cross mid-block across Virginia Beach Boulevard and walking across the median rather than using existing pedestrian crosswalks to get from Town Center to Pembroke Mall. . The second issue is that pedestrians are coming in conflict with traffic at existing crosswalks. . The third question is why don't we look at providing enough time for pedestrians to cross all the way across Virginia Beach Boulevard rather than crossing half way. . The fourth issue is the need to install pedestrian crosswalks and signals at Constitution and Virginia beach Boulevard. Mid-block pedestrian crossine The concern is that it is not safe for pedestrian to cross mid-block and could result in serious injury. While police can help to address this issue, ticketing pedestrians is counter intuitive to the pedestrian friendly image that we are promoting for Town Center. The next alternative would be to create an attractive physical barrier in the median of Virginia Beach Boulevard. Examples ofthese can be seen in Norfolk as well as other Cities. The idea is to install a fence preventing pedestrians from crossing mid-block. The challenge is to do this attractively to fit into the character of Town Center. For the purposes of this report, three options have been evaluated along with estimated cost. Project Area: Virginia Beach Boulevard Median from Constitution Drive to Independence Boulevard Scope: The project scope is to develop a fence and planting improvements in the median to encourage pedestrians to cross Virginia Beach Boulevard at marked and/or signaled pedestrian crossings. Fence heights and general locations were determined by Public Works Traffic Engineering. Two general area zones were identified where no fence could be located and general areas where a fence of approximately 48" could be located. In addition, various sites were visited and photographed to show similar existing alternatives. I I Existing Conditions: The existing median is a combination of concrete paving, curb, signals and lights and existing trees and plants. The significant constraints of the site are the existing location of trees, lights and signals and underground utilities. The existing trees, lights, signals and underground utilities are primarily focused in the central spine of the median. Concepts: Three concepts were developed addressing the above scope and existing conditions. All concepts have cost estimated for ground cover and shrubs with a few tree replacements. The detailed design has not been completed. In addition, all three concepts estimated the fence as a 48" bronze aluminum picket fence. The concepts and estimated costs are listed. · Concept I: Fence on both sides of the median, with a central spine of fence in areas of existing concrete. Total fence and planting estimate: $167,000. V' I ! ,~ (~~, ~.....i (:~-:J c,..? '.....) [..-';' t:;;'~j ~v "=:;.1 .. " ,t 1 r\ ',"-""-....Y '" .- -"' '"-c_,,; -, . " '= --r . L-;i{.!J' IF ,,~ ~ It, " ,. l' r-=:1"~ i ,]/ t~, \. '. (' .t.-...-..- ...--- y . EL-_h__~=,,~~-~~=~-::'~-~-......~c.~ ~......,~ .lliD. ...,..~ ......,. ~ .., ...~.. ..'_...........,.-.--... .,.~;4i--:-.. r. _ll _ '..E::-::'-~ li,.e~n..:.~ID-;.D~--~.'i . [-] I r- , " - " ..' J 1 I " ,', . i- b- I I, a '---'~ :~:-- d::'-"'=---"'-_'~'! i,.__..:.~_~__~) [ ...,. fFI U~ J - )I--~ CXllICDnItJ.liaru.UH1. '" . . . J Virgbia Beach BolllevaI~ at Town -C~tlllr j .-- ~--""" !.- n-- ! , l'I;,"'--'Til U ,-/ I ! 1 :'1 I p,-,~ ' ;' \, .../ --' ' ! r, ~. ,~ "~ .~..:l..,:l .. . Concept 2: Fence in a zig-zag pattern to avoid trees, lights, and utilities. Total fence and planting estimate: $151,000. c, r' ,; !I Ai f '2=r;J jF:'~"t, \ c:: ',." ,r '- ~ I, b \. ,""",!. ,~_. :!l._~~_.J ;1 ,;;-. r;.: <..:.:: ~....,... .........) '.::;; '.....~ j;V" "1"-:;'.. - ---"--'--"'- rwa...... ~." ......... ..,. ... .. . . ~ i ~ 't._,;,, w - j-":i d_""",_'--_ I.'''', rr.....---.=:::.::.:;;.:;~-'-"-~ ............... - . l::. .-.----- .-" ~,~~.:d:~~:.-.,1 _ _1_1-....:L:~ '22-~( ~--D "FD~iill r }~- .' i '-1..- I , , ! '? ..:.:..~S"-~;~--=;'.~. ,'- -. ~ .. ... I fl~~~~ T~rJ~l r-' '1 \!1 -.~~J', I t ~ I ";J ~:=- ~ - L __~ .i '~-d,'. , - ,_/ -._"~~ Y i ) ."\ i I · Concept 3: Fence on one side of the median. Total fence and planting estimate: $132,000. ~ 5:~'..'~=::,:~::~~IlU"d4-8: ........11.... ;;,;::'I~:-.'(wr........... w;,'./wc::::r ~ . Ii' ,i I !/ ! {~:r'~1-tc~-r': ~i~-.e=-.-'rJ l" f ,-' I ',i.- L,: -', I Ir~--r:~ '. 11 r-.. ',.' , , .. ~:---r.-- _i: . .,~ . ; ./ a..u --..... ....,. ~ .... ....... Ii 4 . .~ i "'- - . i-.i M~...""""-___",-,," "..,..j t:;'L'.;;;i.:;::.jj~ _ _1 j. ...."I_ .,1 c~. JCIDUir.:-- lilt' .,=,-__'L._ I-~l.. . ,. il ,._____./ I "'1 I'F1V~ .~.-. -.."-1 ca<<:un:Al ou.ma IIUli 3.. Virgjnia Beach B<>ulevud a1 Town Center r-;::= . ... ~~ ,\. (~L~~jI' . ! ,. ,- Ii .? (-.-----.'\ . I , Ib ~~.,..~-;....., t I ""--iF-' .. j t .:> ~ (: -', r I I I I ~ ,', j \ '~.______,______, '. ~..1 \,..,_...___--L-: :~ \" r, J.: ~. _.. ."~''''.' .- , -, 4 .~ I .~.:..... -~;.:{~' ."'\ r.. ') r--- Next Steps: Once a funding source can be identified, the final design for the chosen concept will be done by staff. Additional detail can be provided for review. Once the project is approved, it is estimated the work can be completed in a few months. The picture below is looking toward Town Center from Pembroke Mall and shows how inviting this may look for a pedestrian to cross mid-block rather than going to the nearest intersection I I This is another picture of the median on Virginia Beach Boulevard showing the existing trees. , This is a picture of the median treatment in Norfolk showing plantings trees and the decorative fence. I I This is another picture of the median in Norfolk showing the fence along with plantings. Impacts of providin!! additional pedestrian crossin!! time across Vireinia Beach Boulevard Staff has evaluated the concept of providing exclusive pedestrian phases at the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach Boulevard/Independence Boulevard intersections. Currently, these intersections operate such that the pedestrian walk phases allow pedestrians to cross only halfway to the median of the eight-lane roadway during the walk phase. This section of the Town Center Pedestrian Report documents Traffic Engineering's evaluation that included conducting pedestrian counts at key Town Center intersections, observation of existing pedestrian signal operations and preliminary analysis of the impacts to the vehicular traffic that would result from providing exclusive pedestrian phases at these intersections. Existing Pedestrian Volumes In response to this evaluation request, Traffic Engineering staff conducted pedestrian counts at the Virginia Beach Boulevard and Independence Boulevard as well as Virginia Beach Boulevard at Central Park/Pembroke Mall intersections on Thursday, June 5th. The results of those pedestrian counts are as follows: Town Center Pedestrian Counts Thursday, June 5, 2008 Inde endence Boulevard cross Across B Blvd. Inde . Blvd. 10 12 3 12 11 Central Park A venue cross Across B Blvd. Central Park 11 11 122 121 3 170 The pedestrian counts show that pedestrian actIvIty at the Virginia Beach Boulevard/Independence Boulevard intersection is light throughout the day and is of a random pattern of use. In contrast to this is the pedestrian activity at the Virginia Beach Boulevard/Central Park A venue intersection, where significant pedestrian volumes were observed crossing Virginia Beach Boulevard from Pembroke Mall to Town Center, particularly during the lunch time hours of 11 a.m. to 1 p.m. The pedestrian volumes would indicate that pedestrians were present in every traffic signal cycle during those two mid-day hours and could have been present every cycle during the evening hours as well. II Existing Pedestrian Operations In addition to the pedestrian counts, Traffic Engineering staff investigated the operations of the pedestrian signals at the Virginia Beach Boulevard/Independence Boulevard and Virginia Beach Boulevard/ Central Park Avenue intersections. At the Virginia Beach Boulevard/Independence Boulevard intersection, the only time that pedestrian phases can come up is during the adjacent vehicular through movement phase. For instance, pedestrians crossing Virginia Beach Boulevard on the east side of Independence Boulevard can only get a walk signal when the northbound through movement on Independence Boulevard phase is running. The walk symbol cannot occur for this side of Independence Boulevard in any other phase. Similarly, pedestrians crossing Virginia Beach Blvd. on the west side of Independence can only get the walk symbol during the southbound through phase. The walk time for each leg of the intersection is only 25 seconds, meaning that this intersection is timed to have pedestrians cross to the median and wait for the next walk phase to cross from the median to the other side. At the time of the pedestrian signal observation, this intersection did not have pedestrian push button signs to indicate that you should cross only to the median. Also, one of the pedestrian push buttons was found to be broken. Traffic Engineering relayed these pedestrian signal deficiencies to Traffic Operations and by June 20th Traffic Operations reported that new pedestrian signage that directs the pedestrians to cross only to the median had been added and the existing pedestrian push buttons had been replaced with the new responsive "bulldog" pedestrian push buttons on all legs of the intersection. These buttons emit a confirmation tone and light when the button is pushed. At the Virginia Beach Boulevard/ Central Park A venue intersection, the pedestrian phase for crossing Virginia Beach Boulevard occurs during the northbound Central Park phase. The walk time for the pedestrian phase is only 25 seconds, meaning that this intersection is timed to have pedestrians cross to the median on Virginia Beach Boulevard and wait for the next walk phase to cross from the median to the other side. In observing the pedestrian operations at these two intersections, Traffic Engineering staff identified two areas of potential conflict with vehicular traffic. The first is with right turning traffic that has a green ball indication, meaning that it has the right-of-way. At the Virginia Beach Boulevard/ Central Park Avenue intersection, northbound right turns have a green ball indication while the pedestrians are crossing Virginia Beach Boulevard. At this location, Traffic Engineering has installed a sign which requires right turning vehicles to yield to pedestrians. At the Virginia Beach Boulevard/Independence Boulevard intersection, the right turns on green ball indications are potentially in conflict with pedestrians crossing in front of their turns on all legs of the intersection. Exclusive Pedestrian Phase Evaluation Traffic Engineering was asked to evaluate what appears at first glance to be a simple idea: Provide a 45 second exclusive pedestrian phase at the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach BoulevardlIndependence Boulevard intersections. The 45 second phase would allow pedestrians to cross the entire width of these roadways, eliminating the need to cross only to the median and wait until the next pedestrian phase to finish crossing. The exclusive phase would also eliminate the existing conflict between the right turns on green and the pedestrians. Adding "No right on red" signs at these intersections in association with the exclusive pedestrian phase would further increase pedestrian safety by eliminating the newly created potential conflict because pedestrians would now be crossing during the all red phase. The gains in pedestrian accessibility by providing exclusive pedestrian phases would result in significant negative impacts to traffic flow through the Virginia Beach Boulevard and Independence Boulevard corridors. These impacts are described in this section of the report. The most significant impact to vehicular traffic in the Virginia Beach Boulevard and Independence Boulevard corridors would be the increased delay at the intersections. Currently, the Virginia Beach Boulevard and Independence Boulevard corridors have coordinated signal systems through the Town Center area. From Bonney Road to Jeannie Street on Independence and from Aragona Boulevard to Cavalier Drive on Virginia Beach Boulevard, the traffic signals all have the same cycle length and are timed to allow traffic to progress through the corridors to minimize vehicular delays and number of stops, which leads to less air pollution and fuel consumption. All of the intersections in these corridors would have to be retimed with a cycle length of 180 seconds, which is extremely inefficient and would cause increased delays and fuel consumption throughout these two corridors that together serve over 105,000 vehicles per day in 2007. Using simple assumptions, such as a two second vehicle headway through the intersections, 25 foot vehicle spacing, a 180 second cycle length with the exclusive pedestrian phase and saturated flow traffic conditions in the afternoon peak hour, the addition of a 45 second exclusive pedestrian phase would result in traffic backing up over two miles during the afternoon peak hour to the east and west on Virginia Beach Boulevard and to the north and South on Independence, to include the Independence/I-264 interchange which is less then % miles from Virginia Beach Boulevard. This is additional delay over and above what is being experienced today. A second negative impact to vehicular traffic from the exclusive pedestrian phases and the "Right on Red" prohibition would be increased delays on the internal roadway networks for Town Center and Pembroke Mall. These increased internal delays entering and exiting these intensely developed commercial areas would result decreased pedestrian safety on the internal streets due to the queuing of traffic through intersections. Alternative ideas for improved pedestrian operations have also been identified for the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach BoulevardlIndependence Boulevard intersections, such as extending the existing non- I " exclusive walk phases to 45 seconds only when the pedestrian button is pushed so that pedestrians can cross the entire width of Virginia Beach Boulevard and Independence Boulevard in one walk phase. While this would not result in vehicle queues of two miles, it would result in a significant inefficiency of signal operation throughout the Virginia Beach Boulevard and Independence Boulevard corridors and would result in significant additional vehicular delays and fuel consumption in the peak hours. The existing pedestrian counts show that because of the number of pedestrians crossing Virginia Beach Boulevard during the midday and evening peak hours at Central Park Avenue, pedestrians would extend the pedestrian phase on every cycle. This would result in eastbound and westbound traffic on Virginia Beach Boulevard to back up about one mile from this intersection in the afternoon peak hour, over and above current backups. In addition, this would result in this intersection being taken out of coordination with the surrounding traffic signals and northbound and southbound traffic on Independence Boulevard turning onto eastbound Virginia Beach Boulevard would be delayed and queued through other intersections. Conclusions The pedestrian operations at the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach Boulevard! Independence Boulevard intersections have been improved significantly in recent years, and just recently as this evaluation reports, to include better pedestrian signage and direction, responsive push buttons and countdown pedestrian signals. It is undeniable that the addition of an exclusive pedestrian phase at these intersections would be the most convenient and a slightly more safe way for pedestrians to cross Independence Boulevard and Virginia Beach Boulevard in the Town Center area. However, this evaluation has shown that adding an exclusive pedestrian phases at the Virginia Beach Boulevard/Central Park/Pembroke Mall and Virginia Beach Boulevard! Independence Boulevard intersections would result in significantly increased vehicular delays and fuel consumption in the already over capacity Virginia Beach Boulevard and Independence Boulevard corridors through the Pembroke area. In addition to increased vehicle delay increased vehicular accidents would increase. Due to the significant amount of increased delay, red light running, blocking of side streets, failure to yield all are common and add up to increased vehicular crashes. Considering all aspects of this evaluation, Public Works Engineering's recommendation is to not implement the exclusive pedestrian phase or extended pedestrian phases and to maintain the existing pedestrian operations on Virginia Beach Boulevard in the Town Center area. Additional Pedestrian Crossin!! We have evaluated the cost of providing an additional pedestrian crossing at the intersection of Constitution Drive and Virginia Beach Boulevard. The total estimated cost for the installation of pedestrian signals and stamped crosswalk for three legs at this intersection is approximately $41,000. The pedestrian crossing would look similar to this existing pedestrian crossing at Central Park Avenue and Virginia Beach Boulevard. I I i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept Funding from the Virginia Tobacco Settlement Foundation to the Department of Parks and Recreation's FY 2008-09 Operating Budget MEETING DATE: October 14, 2008 . Background: Youth Leaders in Action (YLA) has been awarded a mini-grant in the amount of $2,000 from the Virginia Tobacco Settlement Foundation (VTSF) , in collaboration with Y Street, to implement projects to prevent underage tobacco use. Y Street is a state-wide tobacco prevention youth empowerment campaign funded by VTSF. Grants are offered to youth groups that wish to serve as advocates to discourage underage tobacco use. YLA will be responsible for implementing 20 service projects, which are selected by Y Street's campaign against tobacco use and can take from one to four weeks to complete. . Considerations: VTSF achieves its mission of youth tobacco prevention through community programs, education, marketing, research, and enforcement. Their efforts have contributed to a decrease in high school student smoking, from 35% in 2001 to 27% in 2005. Y Street is one of VTSF's multiple marketing strategies. YLA will . serve as members in Y Street, a statewide association of high school youth advocates striving to cause cultural change in youth by deglamorizing tobacco and instilling pride in a smoke-free lifestyle. YLA will receive $500 in start up funds; $500 after the completion of a training session; $500 for the first ten projects and $500 for the completion of the final ten projects. In addition to the grant funds, Y Street members are rewarded based on their leadership and commitment against tobacco. Members have the opportunity to serve on leadership positions in' a statewide organization and work with advanced technology. Y Street also awards four annual $2,000 academic scholarships to outstanding members. YLA will collaborate with other youth leadership groups and youth serving agencies, such as the Youth Opportunities Team, the Virginia Beach Alcohol and Tobacco Coalitions, the Virginia Department of Alcohol Beverage Control, the Human Services Department, Virginia Beach Libraries, Health Department, Green Run HS DECA and the Mayor's Youth Council in an effort to reduce the harmful use of tobacco among youth throughout the City of Virginia Beach. The grant only requires an in-kind match (staff support/oversight of projects), and the city has no obligation to sustain these funds in the next fiscal year. The funding is for an awareness campaign promoted by the Virginia Tobacco Settlement Foundation and sustainability is not a request or a requirement. . Public Information: Public information will be handled through the normal media and communication channels. . Recommendations: Accept grant and adopt ordinance. . Attachments: Ordinance and Virginia Tobacco Settlement Foundation Funding Notification Letter. Recommended Action: Accept Grant and Adopt Ordinance Submitting Department/Agency: Department of Parks and Recreation City Manager:~l'6B~ fJ^t- I I I ,I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT FUNDING FROM THE VIRGINIA TOBACCO SETTLEMENT FOUNDATION TO THE DEPARTMENT OF PARKS AND RECREATION'S FY 2008-09 OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2,000 is hereby accepted from the Virginia Settlement Foundation and appropriated to the Department of Parks and Recreation's FY 2008-09 Operating Budget to implement projects to prevent underage tobacco use, with estimated revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day of Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B~ ~, ~ J\~~~_ Management servic~ l cg:~~~ '>~ CA 10881 R-3 October 3, 2008 1;1 I YSTREEtORG 705 KING STREET 3RD FLOOR ALEXANDRIA, VA 22314 September 12, 2008 Ms. Nicky Vasquez City of Virginia Beach Youth Leaders in Action 2289 Lynnhaven Parkway Virginia Beach, VA 23456 Dear Ms. Vasquez: Congratulations! We are pleased to inform you that Y St. and VTSF have selected City of Virginia Beach Youth Leaders in Action as one of the 12 recipients for the Y St. Mini-Grant Program for FY 08-09. To accept this offer, please review the enclosed Memo of Understanding (MoU) as it covers the terms and conditions of Y St. Mini-Grant program. A signed copy must be faxed to the Y St. Mini-Grant Office by Tuesday, September 16, and the originals mailed in by Friday, September 19, 2008. Failure to do so may result in a forfeiture of the Mini-Grant offer. Upon receipt of the signed MoU, we will disburse the first Mini-Grant payment of $500. We are excited to have your organization be part of Y St. We are confident that this collaboration will be mutually beneficial for both Y St. and your organization. If you have any questions, please feel free to give me a call. Sincerely, ~t>n.\ l)'ohR.- Soni Dighe Y St. Mini-Grant Coordinator phone 571.312.1219 fax 571.312.1220 soni@ystreet.org I ,I i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant to Support Public Safety and Criminal Processing MEETING DATE: October 14, 2008 . Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal processing programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, agreed upon the best use of this grant funding. . Considerations: The total award for this grant is $64,185, and the Virginia Beach Criminal Justice Board recommends that the funds be used as follows: . $6,350 for an automated grading system for the Police Department. . $17,763 to the Police Department for a forensic mapping system to document evidence at crash scenes. . $15,298 to the Juvenile and Domestic Relations District Court for a video conferencing system to arraign prisoners on site. . $24,774 to Sheriffs Department for a second video arraignment system for a General District Courtroom. . Public Information: Public information will be provided through the normal Council Agenda process. A public hearing, which is required by the grant, will be held on October 7, 2008. . Recommendations: It is recommended that City Council accept and appropriate the grant award of $64,185. . Attachments: Ordinance and Grant Award Letter Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department t. r!...1-/ (J-, ~ City Manage~ IL. ~ I I II , 1 AN ORDINANCE TO ACCEPT A GRANT TO SUPPORT 2 PUBLIC SAFETY AND CRIMINAL PROCESSING 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 1. That $64,185 is hereby accepted from the U. S. Department of Justice and 6 appropriated to the following agencies and departments in the amounts and for the 7 purposes set forth below: 8 9 a. $6,350 to the Police Department for an automated grading system. 10 b. $17,763 to the Police Department for a forensic mapping system to document 11 evidence at crash scenes. 12 c. $15,298 to the Juvenile and Domestic Relations District Court for a video 13 conferencing system to arraign prisoners on site. 14 d. $24,774 to the Sheriff's Department for a second video arraignment system for a 15 General District Courtroom. 16 17 2. That estimated revenue from the federal government in the FY 2008-09 18 operating budget is hereby increased by $64,185. 19 20 Requires an affirmative vote by the majority of all the members of City Council. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day Approved as to Content: Approved as to Legal Sufficiency: Management Services Ci~~S( fI2'",- .J)~~. - CA 10878 R-3 October 3,2008 Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washmg/on. D. C. 2053 I September 4, 2008 Mr. James Spore City of Virginia Beach 250 I James Madison Boulevard Municipal Center Virginia Beach, V A 23456 Dear Mr. Spore: On behalf of Attorney General Michael B. Mukasey, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 08 Edward Byrne Memorial Justice Assistance (JAG) Grant Program: Local Solicitation in the amount of $64, 185 for City of Virginia Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: Program Questions, Tahitia M. Barringer, Program Manager at (202) 616-3294; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786. or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, {)/i ~ Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures City of Virgir1ia Beach ~!Bgov. .::orn LESLIE L. LILLEY CITY ATTORNEY October 8, 2008 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9004 (757) 385-4531 FAX (757) 385-5687 TTY: 711 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, V A 23456 Re: Loan to the Kempsville Volunteer Rescue Squadfor Purchase of a Replacement Ambulance Dear Mayor and Members of Council: I am writing with corrected information regarding the proposed loan to Kempsville V olunteer Rescue Squad. The rescue squad is willing, and has always been willing, to agree that the proposed loan by the City will be secured by the ambulance. The portion of my memorandum from late yesterday afternoon that suggested the rescue squad was not willing to agree to secure the loan with the ambulance was the result of a miscommunication and was erroneous. In putting together the agenda item, an incorrect promissory note was included instead of the standard agreement that Council has approved for similar loans in the past. The standard agreement provides that the loan will be secured by the ambulance. Inclusion of the incorrect promissory note was an administrative error and was not the fault of either the Kempsville Rescue Squad or the Department of Emergency Medical Services. The incorrect promissory note will be replaced with the standard agreement, and that corrected version will appear in the agenda you receive on Friday. If you have any questions, please do not hesitate to contact me at 385-8212. Very truly yours, ~~~ Roderick R. Ingram Deputy City Attorney c: City Attorney Leslie L. Lilley City Manager James K. Spore EMS Director Bruce Edwards Management Services Director Catheryn Whitesell City Clerk Ruth Hodges Fraser, MMC I I I ri~~~ r.~t~~~;..y,l!:l i~t.': c_,,:;~~(~., /= ,'1.1 (0 ::>~ ..; ") ),2~' ~ l'if ';(,.''1' J ~;;~....-.(~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Kempsville Volunteer Rescue Squad for the Purchase of a Replacement Ambulance MEETING DATE: October 14, 2008 . Background: The Kempsville Volunteer Rescue Squad is requesting a no- interest loan from the City to replace an ambulance that has experienced a great deal of wear and tear over the last several years due to increased staffing and calls for service. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medic~1 treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through . . their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the Volunteer Rescue Squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for all buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency. service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $100,000, without consideration of the medical equipment, supplies or personnel. This item was deferred by City Council on October 7,2008 until October 14,2008. . Considerations: The attached letter from Kempsville Volunteer Rescue Squad has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $77,000 payable in five equal annual payments of $15,400 each. The first payment would commence June 2009. The Kempsville Volunteer Rescue Squad has been awarded a State Rescue Squad Assistance Fund grant of $55,000 to fund a portion of the estimated $132,000 cost of the replacement ambulance if the ambulance is ordered by October, 2008. . Public Information: Information will be disseminated through the regular Council agenda notification process. . Alternatives: The alternative to this request could include pursuit of a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. Delay in purchasing the ambulance may endanger receipt of the $55,000 State grant that will expire in December, 2008 if the ambulance is not ordered by October. . Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. . Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from Kempsville Volunteer Rescue Squad Requesting a No Interest Loan Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manage~ lL.'q)~ I I II :2 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE KEMPSVILLE VOLUNTEERRESCUESQUADFORTHEPURCHASEOFA REPLACEMENT AMBULANCE :3 4 :j 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ., a 9 10 11 1:2 13 14 15 113 1'7 18 1!3 1. That $77,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Kempsville Volunteer Rescue Squad for the purchase of a replacement ambulance, contingent upon execution of the attached agreement. 2. That this loan is to be repaid by Kempsville Volunteer Rescue Squad over five (5) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: K~~ City Attorney's Offl CA 10871 R-4 September 26,2008 Agreement Between the City of Virginia Beach and the Kemspville Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia ~~ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to. one another in accordance with these terms. WITNESSETH F or and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles qwned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 I ,I I Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE VOLUNTEER RESCUE SQUAD By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services .City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 I ,I I PROMISSORY NOTE $77,000 Virginia Beach, Virginia October 7, 2008 FOR VALUE RECEIVED, Kempsville Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteho1der") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY SEVEN THOUSAND DOLLARS ($77,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1,2009 - $15,400 On or before June 1,2010 - $15,400 On or before June 1,2011 - $15,400 On or before June 1,2012 - $15,400 On or before June 1,2013 - $15,400 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount ofthe annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteho1der. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. 10/912008 C:\Documents and Settings\ringram\Local Settings\Temporary Internet Files\OLKIOE\Kempsville Volunteer Rescue Squad Promissory Note 10-07- 08.doc WITNESS the following signature(s). KEMPSVILLE VOLUNTEER RESCUE SQUAD (SEAL) By: NAME, Director 10/912008 C:\Documents and Settings\ringram\Local Settings\Temporary Internet Files\OLKIOE\Kempsville Volunteer Rescue Squad Promissory Note 10-07- 08.doc i I .. . .... .\. --:-- --:-- ""(1) ;...".";. ',',C" ' '1f ;;;;;;;; ~ I T o 0 e KEMPSVILLE VOLUNTEER RESCUE SQUAD P.O. BOX 62345. VIRGINIA BEACH, VA 23466 . (757) 340-KVRS www.kvrs.orQ To: Bruce Edwards Reference: Vehicle Loan 04/03/08 Dear Chief Edwards, I hope all finds you well. I am writing to request a no interest loan from the Department of EMS and the City of Virginia Beach for the purchase of a new ambulance. We have obtained a 50/50 grant for a portion of this purchase. The amount of the loan we are requesting is $77,000. We have a total purchase price of approximately $132,000 with a grant of $55,000. Repayment of the loan would be over the term of five (5) years in lump sum payments of $15,400 each This unit is a replacement of a current unit that has seen a great deal of wear and tear over the past several years. Our units at Kempsville are seeing increased usage due to need for increased staffing as well as an increase in call volume. Your time and consideration with regard to this matter is greatly appreciated. If you require further documentation or have further questions, please do not hesitate to contact me. Thank you email signature Richard E. Baker NREMT-P Captain Kempsville Volunteer Rescue Squad. , I L. PLANNING 1. Ordinance to AUTHORIZE a six [6] month extension of time to satisfy conditions in the closing, vacating and discontinuance of a portion of a street, known as Grimstead Road, south of Back Bay Landing Road in behalf of Joseph W. Freeman, Jr. DISTRICT 7 - PRINCESS ANNE 2. Variance to ~4.4b of the Subdivision Ordinance, requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO): a. CMSS ARCHITECTS, PC, re reconfiguration of the three (3) lots for single-family residences at 4949 Lookout Road DISTRICT 4 - BA YSIDE b. TONY and HELEN FLEMING re an existing single-family residence at 3373 Head River Road DISTRICT 7 - PRINCESS ANNE 3. Application of BRENDA BRIGGS t/a KINGDOM KIDS DA YCARE for a Conditional Use Permit re a daycare facility at 700 Sullivan Circle DISTRICT 4 - BA YSIDE 4. Application of NEW CINGULAR WIRELESS, t/a AT&T for a Conditional Use Permit re a monopole communications tower and Modification of the Timberlake Land Use Plan to accommodate the tower, [approved by City Council on May 24, 1994], at 4293 Holland road DISTRICT 2 - KEMPSVILLE 5 Applications of 1250 CENTERVILLE, L.L.C., at 2120 Centerville Turnpike: DISTRICT 1- CENTERVILLE a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District re townhouse-style multi-family dwelling units b. Conditional Use Permit re fuel sales with a convenience store Map L-22 Mop Not to Scole ~ 1\l B ... ARP ARP ARP ARP ARP RPARPARPARPARPARPARPARPARPAR ~ PARPARPARPARPARPARPARPARPARPARPARPA - PARPARPARPARPARPARPARPARPARPARPARP PARPARPAR ARPARPARPARPARPARPARPARPARPARPARP RPARPARPAR ARP ARP ARP ARP ARP ARF' ARP ARP ARP ARP AR I!\RP ARP ARP AR ARPARPARPARPARPARPARPARPARPARPA ARPARPARPAR RP ARP ARP ARP ARP ARP ARP ARP ARP ARP ~P ARP ARP AR RPARPARPARPARPARPARPARPARPA ~PARPAR RP ARP ARP ARP ARP ARP ARP A~ &.LiP A AR ARP ARP AR PARPARPARPARPARPARP~~PAR A ARPARPAR PARPARPARPARPARPARPARPARPARP PARPARPARPAR PARPARPARPARPARPARPARPARPARPA ARPARPARPAR PARPARPARPAR ARPARPARPAR RPARPARPARPARPA RPAR ARP ARP ARP ARP AR RP ARP ARP A RPARPARPARPAR~ PARPA RP ARP ARP ARP 'AR A P ARP ARP ARP AR PARPARPARPARPARPARPARP ARPARPARPARPARPARPARPA ARPARPARPARPARPARPARPA ARPARPARPARPARPARPARPA RPARPARPARPARPARPARPA n RPARPARPARPARPARPARPA ARPA PARPARPARPARPAR ARPARPARPARPARPARPARPA ARP A P ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP A ARPA ARPARPARPARPARPARPARPARPARPARPARPARPA ARPAR RPARPARPARPARPARPARPARPARPARPARPARPA ARPARP RPARPARPARPARPARPARPARPARPARPARPARPA ARPARPA PARPARPARPARPARPARPARPARPARPARPARPA ARPARPA RPARPARPARPARPARPARPARPARPARPARPA Street Closure parr oi Crill1stead I<oad , IJ .., Dw No zoning activity has occurred in the recent past. ZONING HISTORY JOSEPH W. FREEMAN,JR. Agenda Item 6 Page 7 i I 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 known as Grimstead Road as shown on that certain plat entitled "PLAT SHOWING PROPOSED STREET CLOSURE ADJOINING PROPERTY OF JOSEPH W. FREEMAN, JR. D. B.1761, P. 4322, M.B.172, P. 85, VIRGINIA BEACH, VIRGINIA". DISTRICT 7 - PRINCESS ANNE. MEETING DATE: October 14, 2008 . Background: On October 23, 2007", City Council approved the closure of a portion of Grimstead Road beginning at a point approximately 800 feet south of Back Bay Landing Road and continuing in a southeasterly direction to its terminus. . Considerations: There were four conditions to the approval of the street closure: 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 sublT)itted 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. A cul-de-sac or other City approved turn-around configuration suitable for trash collection ad emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de-sac. Joseph W. Freeman, Jr. Page 2 of 2 5. 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 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, 4, and 5. Staff concludes that the request for additional time is reasonable. . Recommendations: Allow an extension of 6 months for satisfaction of the conditions. . Attachments: Staff Review Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ City Manager: ~ 1L-,~ I I ....ap I. :!2 R~", "k:o;. ~ ,,~'l~,~ Staff Planner: Leslie Bonilla JOSEPH W. FREEMAN, JR. Agenda Item 6 September 12, 2007 Public Hearing REQUEST: Discontinuance. closure and abandonment. of a portion of Grimstead Road, beginning at a point approximately 800-feet south of Back Bay Landing Road intersection and continuing in a southeasterly direction to its terminus. ADDRESS I DESCRIPTION: Property beginning at a point approximately 800 feet south of Back Bay Landing Road intersection with Grimstead Road and continuing in a southeasterly direction to its terminus. COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 42,471 square feet SUMMARY OF REQUEST The applicant requests closure a portion of Grimstead Road to incorporate it into the surrounding property (GPIN(s): 2318-70-5588, 2318-72-5115 & 2318-72-7730). This portion of Grimstead Road was originally dedicated in April 1947 so a school bus could access the property. No residential structure is presently located on the property on either side of the road and the properties adjpcent to the road are enrolled in the Agriculture Reserve Program. The road is presently used as an illegal dumpsite to dump trash and for underage drinking and related activities. Closing the road would allow the applicant to restrict access to the property and abate the nuisance which presently exists as a result of the road being a public right-of-way. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Unpaved road. SURROUNDING LAND North: · Agricultural land I AG-2 Agricultural District JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 1 USE AND ZONING: South: East: West: . Agricultural land I AG-2 Agricultural District . Agricultural land I AG-2 Agricultural District . Single-family dwellings I AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The site does not have any known significant historical, cultural, or environmental features. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS (TRAFFIC ENGINEERING): As a condition of the closure of this portion of Grimstead Road, a cul-de-sac or other approved turn around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de-sac. WATER AND SEWER: There are no objections from Public Utilities regarding the proposed street closure. PRIVATE UTILITIES: The primary comments from private utility companies indicate that there are no private utilities within the area proposed for closure; therefore, there are no objections to the proposed street closure. CITY ATTORNEY: The description for the 18-foot lane, which appears to include a part of Grimstead Road, does not mention or reference Grimstead Road. However, several plats show that the 18-foot right-of- way overlaps a portion of Grimstead Road. Likewise, the description for Grimstead Road does not mention or reference the lane. Grimstead Road can be closed as long as it is understood that a portion of it is still a lane and can be used as such (and that access to the lane would not be denied). The 18-foot lane appears to be a private lane that leads back to property located east of the Freeman property. The western portion of Grimstead Road (where the 18-foot lane overlaps) also abuts the Salmons property, so if Grimstead Road is closed in its entirety, one-half of the road would go to the Salmons and one-half to the Freeman's, unless another arrangement is agreed to by those parties. JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 2 i I Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: Contingent that adjacent landowners have no need for the street access, as indicated in the application, and considering the location of the proposed street closure in the midst of Agricultural Reserve Program property, the existing land use does not warrant the need for the street to remain opened. It is recommended that the applicant address safety concerns by not only restricting access to the roadway as described in the application, but also by re-grading the existing roadway into a more natural state to blend in with the agricultural lot. The Viewers met on July 18, 2007 and determined there is no public inconvenience from the closure and abandonment of this right-of-way, subject to the conditions listed below. 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 ot the right-ot-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. 5. A cul-de-sac or other City approved turn-around configuration suitable for trash collection and emergency service vehicles must be constructed by the applicant at the new end of Grimstead Road public right-of-way. In addition, a right-of-way dedication will be required to accommodate the cul-de- sac. JOSEPH W. FREEMAN,JR. Agenda Item 6 Page 3 6-: It shall be understood and shall be noted on the final plat that the existing 18 foot right of way which overlape a portion Grimstead Road ie still a lane and can be used ae such. ^ccess to the lane shall not be denied. 6. A final plat shall be approved and recorded identifying and ensuring legal access is provided to aI/lots east of the portion of Grimstead Road to be closed. AI/lots shall have direct access to a public right- of-way or an easement allowing access to site. Lots may be consolidated in order to ensure legal access is provided. 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. JOSEPH W. FREEMAN,JR. Agenda Item 6 Page 4 I I I I AERIAL OF SITE LOCATION JOSEPH W. FREEMAN, JR. Agenda Item 6 Page 5 i, if ~ V.\ [Ii t;~~~\ :;;.__ ~'1 "I ('" i \ ~ \ 1 iT~ ;\'~ h ~ ,,~ _,~~C, ~-- ,//' o/l . I /-_~I \ \, \ \(;, ! .... \ t}, \\ \~\ \\ \ \i . 't:=._-f'!; f: L=-..l~ l~" i;,._-~-_...",,::..::~..::,:Jl .\.' V~ r-___--.ml, \,~" 'f, ,., ' , ~. .",,1 ~ \ n ~ ,~t \ ,--\f \ Ii \ \\ ~ ~~ \ , t~,t~ ' I,', '.t ~ t', 4- ~f . \ 1\ .)#I~'" ~' \'" a'" .'( ''>.,'' . "'... . ' ,. " ~ // "-~ .t \?>1::1~_ ,~t':; 'rtt~ \~ t ~ \! ~ \\ u \\ ~~ \1 .. Ii s-' ; ~l t~ ;" i'i ~~ !. .. \\ \ II; ~ . ' ,,~i u t"'il: ~ u ~\t t_! \ ~\\.,:q '\ 'I, Q ,~ ~ -1; hS ,.~j}"!\ fi:' SUR"E'( Of A.REA ,.0 BE CLOSED ~. ~~ -. c* ~""~""" ". ~~\ '!l\ . l1~i t1J .~ .-;.':. . ~ tt;. ~:. . _:.- .l\, \,' '1" . ~\~ '\ h~ .~~ ,~.' JOSEPr\ w. rREEMA.N,JR. A.genda \tern 6 page 6 I I NOI1VJI1ddV trnilS013 lHtllIlS , ~ 'f l- Iz; "W'I ; ::E'l I. wi.:. It-I, 0<(11 jl..1 Iii I,.." W" 0::, ;:) ,lIl '!F ~ ~: ''2:. ~ > ,>~ J" it,"" Ji":; .~ ~,~ ~ lilf ~~~, < '<n ...~ ~~ E ~ air. ..... ~~ ~ ~ :.~E , ~) .~~ ,. i :.D :;1 . :.:.' ~>' ~" ~:,.c ,( ? =B~;;'; r~ * ~ ~::E ! ~ ~ ~(~~ Q t{ ij ~ J j: 10:: r '.l 8 i;:) I' d", ;, en" ~ 9~ c ~.! 0 :;).".;;; ~..J :g] '5 '.!fll~' i! j , ~',~ II ;'3 g .Ii,:..' 1 ~~ ; ) II( t l' ,,~ }HI i B ~ "' - - . ~ g. -;::; ;;; ! 1: - % '" "- .. "':j " .. , .:: .. [ .~ ? - .-.l ... .5 ;~ j, 10- '" 0 r.:; 2: 2' ;:; ~ jf 75 '" . .;;,' " (.) {i .. " ~ ... () . w 0" z: " ~I (; ~~ tij , 1.:.'. ":1 ~; - I' .:1 r'j ;[ <\~i '? ~ j : ! j ~\.i '~ ~ ~ i~ i'" ,,~ I I J ~ I 1; fl" ;i ". .. \..:," i: ,~ ~'i' ,., I I ! 0 ~ ;,i >,;i "" a'l ~:> a; ,;;,: G ;, = ~ ~l ~ n p ~ 8 " '" c ~ ~ ,g. .~ ,~, I Q. <r :1\ '" ~l: 0 0: ~ '" '" .~ lr: ~ 7i fi ~. 2 :J ~ " t: III is 0 a (ft. 0 ~ Q. ..J IE ~ I c u j' ;: III ~ W C '. ,- e:: ti "; t, '" :!l n Z ;{ C' s: ~ ~. 0 >- "'- .... '" ... e:: ll.l 1; ~~ a.. ~ '" ~ .c ',;; ~'). '" i~ '" " 1: ~": :.;,; ~~ ;;; ."" 1:; f '< ':J e ~t: 'J, '" :1 " -" "', ~ ~ % -' '9 I ~:; " ~ .. '(< '.I." ,~, ,. ~ ~ . - >.,. ';: "'I~ Ji ,5 ; n ~ '144 I. ~ 12 ';< .~ ;~ ~ 'S r;)' .~ ~ 2 ~ ~ ': c; \1.' ~ ;... .z; i:' ~ :}~ ~ Ii 5 ~ J ~ is ~ ~, Q ;; ~ NO IL VJ I1ddV ffiIflS013 LHffiILS DISCLOSURE STATEMENT JOSEPH W. FREEMAN, JR. Agenda Item 6 PageS Item #6 Joseph W. Freeman, Jr. Discontinuance, closure and abandonment of a portion of Grimstead Road District 7 Princess Anne September 12, 2007 CONSENT Janice Anderson: The next item is agenda item 6. This is the application of Joseph W. Freeman, Jr., for the discontinuance, closure and abandonment of a portion of Grimstead Road. This is approximately 800 feet south of Back Bay Landing Road in the Princess Anne District. Welcome. Richard Whitmore: Good afternoon Commissioner Anderson. Ladies and gentlemen of the Planning Commission, I'm Richard Whitmore, a local attorney appearing on the behalf Joseph W. Freeman, Jr., the applicant. Janice Anderson: Mr. Whitmore this comes with six conditions, and I believe number 6 was modified at our informal? Richard Whitmore: Yes ma'am. They are fully acceptable with Mr. Freeman, the applicant. I just wanted to make sure that you had the modified number 6. Janice Anderson: Yes. We did. Richard Whitmore: We were aware of that, and we agree to that. Janice Anderson: Thank you very much. Barry Knight: Joe. Weare glad to see you here today. Don and I are glad to see another fanner in the crowd. After about 30 or 40 years, I guess you're getting tire.d of picking up trash on the end of this lane? Joseph Freeman: You got it. Janice Anderson: Is there any objection to this application being placed on the consent agenda? I see none. The Chairman has asked Al Henley to review this application. Al Henley: Thank you. This portion of Grimstead Road is located approximately 800 feet south of Back Bay Landing Road. The applicant requests closure of a portion of Grimstead Road to incorporate it into the surrounding property. This portion of Grimstead Road was originally dedicated in April1947 so a school bus could access the property. No residential structure is presently located on the property on either side of the road, and the properties adjacent to the road are enrolled in the Agriculture Reserve I I Item #6 Joseph W. Freeman, Jr. Page 2 Program. The road is presently used as an illegal dumpsite to dump trash and for underage drinking and related activities. Closing the road would allow the applicant to restrict access to the property and abate the nuisance which presently exists as a result of the road being a public right-of-way. Staff recommends approval of this request. Therefore, the Planning Commission recommends that this item be placed on the consent agenda with the attached list of conditions. Thank you very much. Janice Anderson: Thank you. Mr. Chairman, I would like to make a motion to approve the following agenda item 6. Barry Knight: There is a motion on the floor by Jan Anderson and seconded by Gene Crabtree to approve agenda item 6. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. Map L-22 Map No1. 1.Q Scole i lJ .. .. 1)", .. I I I I 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 KNOWN AS 5 GRIMSTEAD ROAD AS SHOWN ON THAT 6 CERTAIN PLAT ENTITLED "PLAT SHOWING 7 PROPOSED STREET CLOSURE ADJOINING 8 PROPERTY OF JOSEPH W. FREEMAN, JR. D. B. 9 1761, P. 4322, M.B. 172, P. 85, VIRGINIA BEACH, 10 VIRGINIA". 11 12 WHEREAS, on October 23,2007, the Council of the City of Virginia Beach 13 acted upon the application of Joseph W. Freeman, for the closure of a portion of 14 Grimstead Road as shown on Exhibit "A"; 15 16 WHEREAS, on October 23, 2007 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before October 18 22,2008; and 19 20 WHEREAS, on August 14, 2008, the applicant requested an extension of 21 time to satisfy the conditions attached to the aforesaid street closure. 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 24 Virginia Beach, Virginia: 25 26 That the date for meeting conditions of closure as stated in the Ordinance 27 adopted on October 23, 2007, upon application of Joseph W. Freeman, is extended to 28 ApriI23,2009. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on this 31 day of ,2008. 32 33 GPIN: 2318-70-5588, 2318-72-5115 and 2318-72-7730 CA-10760 V;lapplicationslcltylawprod\cycom32IWpdocsID030\P003100068544.DOC R-1 October 1 , 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LLI[LVt4/utt1/fi-lLW City Attorney !~ ! /'" \-\ " /.; "'~", Lif @\' """"'~I~ . . 0 ~. ...~1<" I; t ~- l~i . \ \~ I --- - Exhibit A /' /' , I / U I .. I ~ / i ( · ~l~ ~ g ,,\, ": il \ __...1____..\ ?fd~ \""\. '''''''',..,."...,~f..,G!'' ,/ l~ llf'lO $I ~ 'S '~'\i.I'l'l".. i\,.,..-. ..._._- .-'-- .--,.- ., \; .. ijtS_1:" '\. "~, " ",*,,,,,. ~ . '" .. >511"J hoA ~~i::a il:l~i \ 'JC"' L_ '" ~ ~lallt; ~.~ --.~~J. ,V\$~ ~~::g ~ l! 0 r= IIi; lj; ~~ ~!~ -l .. <( ..-::--....--"'-"'--..=--."':...::::-.-:..... ".:' hi i . 0 I l-.--_______, i i i ! ~ ! I I , , . , t ..,~: J ... _~ I ! ~V.':.! ! 1 itsa : i c. 'l : i i , I i ! J l. {' oJ : &~ ~,~'.1i. _ I $; ., \ ,. .1 f ., .. ~~~- 'fl.8~ I I . - .. "'" #\~ I i J $ " '. g: i> ~ ~ L___ ~'J ~t; \.1' r ~i ~I ~ II< .. ;:>'J<;:t:jfi.-". ;} \ .~ "-..', \ "\ \ ....c.$, I ..~- Jg. .t!. ~ "':Ii !~~ ~, ~t;::: _ l"::" ~; ~g' <r" ~,,; ... ". 0( rn ~ """ ro i~: _w_ ~~,~ ~i . I I I I I I I I I I I I I I I I f I I I J I I II \I ~-l 01 m ZV o. Fa.. <( Of') -v ~N O. Ql Q. <(0 Oz 0::_ ~ ( ~- ~~~ 1I't~~. ~ill: ii~; i ~ lIj II ~~~ !l ~~iEi:~i~ 01:1... It: _.. t7;~ a. u;: ! ':: I;; Vtc.:J~ -I ~~!it:'~l g~lH ~ IE ~ ~ I" .:. ~~fik !iig ~al '0'(0 o~ On 1O'<t . '0 O'<t 0' .1") Ov ION II il lr....I u o I(J ,... Ol o '- 0- Vl to lXl 'It. N 'It ci W ,~ o I- o ~ ~~...~ ~~~ 0:: .............:-...$..._- ~ ~-: "Ill:! ..." ~~ 1~ I ~ Ii ! ~ ! ~ ; " ~!.i h~ 5:~ 1~2 CMSS ARCHITECTS, PC Relevant Information: · Bayside District · The applicant is proposing a reconfiguration of three (3) existing lots into three (3) single-family parcels that are more conforming to ordinance requirements than the existing parcels. · For the R-7.5 District, the City Zoning Ordinance requires a minimum lot width of 50 feet along a right-of-way for each newly created lot. The 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 three (3) proposed lots. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · . Consent Agenda. · No opposition. II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CMSS ARCHITECTS, PC, Subdivision Variance, 4949 Lookout Road, BA YSIDE DISTRICT MEETING DATE: October 14, 2008 . Background: The property consists of three (3) lots, totaling 1.34 acres. One of the lots is of sufficient size to allow a single-family dwelling. The other two lots are not of sufficient size. There is an existing single-family dwelling currently located on the largest of the three parcels. The applicant is proposing a reconfiguration of the three (3) lots in order to construct three (3) new single-family houses. A similar proposal for four (4) lots was submitted earlier this year by a different applicant; that application was withdrawn. . Considerations: The site can support three (3) residential lots under the R-7.5 zoning except that the lots lack the required width at the right-of-way (Lookout Road). For the R-7.5 District, the City Zoning Ordinance requires a minimum of 50 feet of 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 three (3) proposed lots. The minimum lot size in the R-7.5 zoning district is 7,500 square feet. Lot 1 is proposed with 26,156 square feet, Lot 2 with 16,138 square feet, Lot 3 with 22,953 square feet. Rather than a standard 50-foot wide right-of-way with a cul-de-sac to serve only three (3) lots, the applicant is proposing to install a 12-foot wide driveway within an 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 conclusion that a 12-foot wide drive to serve only three (3) lots is a better alternative than 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 character of the neighborhood. Traffic Engineering Staff have indicated that a minimum width of 16 feet is required for ingress-egress easements with a CMSS ARCHITECTS, PC Page 2 of 3 minimum paved surface of 15 feet. This adjustment can be made during final site plan review. Staff's 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. The Planning Commission placed this item on the consent agenda because the proposed plan demonstrates sensitivity to the character of the surrounding neighborhood and the site environment, there is no increase in the number of lots, and there was no opposition at that hearing. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. Each lot shall have only one (1) single-family dwelling on it and the property shall be subdivided as depicted on the plan entitled, "Site Plan Chubb Lake Property," dated July 25,2008, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The ingress-egress easement must be a minimum of 16 feet in width with a minimum paved surface width of 15 feet, and the private driveway entrance shall adhere to the current Public Works Specificatio'ns and Standards. Said easement and driveway or any variance to these standards shall be subject to final review and approval by the Department of Public Works. 3. No trees shall be removed from the 1 DO-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. A tree preservation plan shall be submitted for approval at the time of final subdivision plat review. Methods to protect trees to be preserved shall be delineated on the construction plans and final site plans for each lot. 4. The landscape buffer depicted on said plan shall be installed prior to the certificate of occupancy for Lot 1. Proposed landscape buffer shall contain a mix of evergreen trees and shrubs so as to form a solid screen at maturity. Landscape buffer for Lot 1 shall be delineated on the construction plans and II CMSS ARCHITECTS, PC Page 3 of 3 the final site plan. Landscape buffer shall be perpetually maintained by the owner of Lot 1 and a document to ensure this requirement shall be submitted, to the satisfaction of the City Attorney's Office, during final plat review. 5. 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 Departmen~ CityManage~ L ,~~ Staff Planner: Carolyn A.K. Smith .: //// /1 /~oo /, // / // /' CHUBB V\KE ~/ Mop E-2 M;:lp Not to Su.l.. CMSS ARCHITECTS, PC Agenda Item 9 September 10, 2008 Public Hearing REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS I DESCRIPTION: 4949 Lookout Road GPIN: 15703293660000 15704205870000 15704206900000 COUNCIL ELECTION DISTRICT: BAYSIDE SITE SIZE: 1.34 acres 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. The applicant is proposing a reconfiguration of the three (3) lots in order to construct three (3) new single-family houses. The site can support three (3) residential lots under the R-7.5 zoning except that the lots lack the required width at the right-of-way (Lookout Road). The minimum lot size in the R-7.5 zoning district is 7,500 square feet. Lot 1 is proposed with 26,156 square feet, Lot 2 with 16,138 square feet, Lot 3 with 22,953 square feet. For the R-7.5 District, the City Zoning Ordinance requires a minimum of 50 feet of 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 three (3) proposed lots. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling CMSS ARCHITECTS Agenda Item 9 Page 1 I I SURROUNDING lAND USE AND ZONING: North: . Chubb Lake . Single-family dwellings / R-7.5 Residential District . Lake Bradford . Single-family dwellings / R-7.5 Residential District . Chubb Lake and Lake Bradford South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: This property is surrounded on three (3) sides by the nontidal waters of 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 (2) lane undivided local street. No CIP projects are slated for this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Lookout Road No Data No Data Available Existing Land Use L - 10 Available ADT Proposed Land Use 3 - 30 ADT Average Dally Trips 2 as defined by 1 home 3 as defined by 3 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. 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. CMSS ARCHITECTS Agenda Item 9 Page 2 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: Earlier this year, a Subdivision Variance request for this property was submitted, which was recommended for approval by the Planning Staff and recommended for approval by the Planning Commission but was ultimately withdrawn before City Council heard it. That proposal was to create four (4) lots on this 1.34 acre parcel. The property owner is now working with the current applicant, CMSS Architects, to create only three (3) single family lots on this site. 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 3D-foot right-of-way. The submitted 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 owner of proposed Lot 1 . Based on Staffs review of the previous alternative development proposals for this site, Staff concludes that the most environmentally sound and compatible way to divide this site is to eliminate the use of a standard right-of-way with a cul-de-sac and to instead create lots that are substandard in lot width using a widened driveway for ingress-egress to the lots. Such a layout will result in a reduction of impervious surfaces due to the elimination of a standard right-of-way, an ingress and egress more in keeping with the character of the neighborhood, and a reduced impact to surrounding properties by using a private ingress CMSS ARCHITECTS Agenda Item 9 Page 3 I I and egress. Rather than a standard 50-foot wide right-of-way with a cul-de-sac to serve only three (3) lots, the applicant is now proposing to install a 12-foot wide driveway within an ingress-egress easement. The drive would result in much less impervious surface on the property and in turn generate far less storm water 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 12-foot wide drive to serve only three (3) lots is a better alternative than 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. Traffic Engineering Staff have indicated that the minimum width of 16 feet is required for ingress-egress easements with a minimum paved surface of 15 feet. This adjustment can be made during final site plan review. Staff's 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 and the property shall be subdivided as depicted on the plan entitled, "Site Plan Chubb Lake Property," dated July 25, 2008, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The ingress-egress easement must be a minimum of 16 feet in width with a minimum paved surface width of 15 feet, and the private driveway entrance shall adhere to the current Public Works Specifications and Standards. Said easement and driveway or any variance to these standards shall be subject to final review and approval by the Department of Public Works. 3. 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. A tree preservation plan shall be submitted for approval at the time of final subdivision plat review. Methods to protect trees to be preserved shall be delineated on the construction plans and final site plans for each lot. 4. The landscape buffer depicted on said plan shall be installed prior to the certificate of occupancy for Lot 1. Proposed landscape buffer shall contain a mix of evergreen trees and shrubs so as to form a solid screen at maturity. Landscape buffer for Lot 1 shall be delineated on the construction plans and the final site plan. Landscape buffer shall be perpetually maintained by the owner of Lot 1 and a document to ensure this requirement shall be submitted, to the satisfaction of the City Attorney's Office, during final plat review. 5. 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. CMSS ARCHITECTS Agenda Item 9 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CMSS ARCHITECTS Agenda Item 9 Page 5 I I II , Map E-2 Map Not to Scale 1 07/13/04 SUBDIVISION VARIANCE (lot width) Granted 2 04/26/94 SUBDIVISION VARIANCE Granted 3 08/08/88 SUBDIVISION VARIANCE Granted 4 05/18/81 CHANGE OF ZONING.( R-8 & B-1 to A- Granted 2) ZONING HISTORY CMSS ARCHITECTS Agenda Item 9 Page 9 " I ! r j u ~B ) <'''>.. ...J-->-::~ ' " I I /- -':!~~) / I ' I I! _! \ iii! ~ i ! i n.t . III 1 Ii 1m .:, d jl!II'O 11 llll\ii ~hl I ~. , / ~--... {:,. .. I "" III ........-,-- /1.' , \ V J ., . o ., b - "r., ~ " \ ,~.:.; 'Z~ ~" (:\ I i '. {~ :t"" / ;, ~,:t -'^. I . [:~&/~f ~(J;I /' 4" I 1 . ? ;' ~ ~fi: <(0 ..J~ lD ~ E- ~ ~ ~. 04 </:1.4 ~ i> vi ~~e~ ~--.... ~ ~E-< ( ~ ) ~~:B \'0':;['- r-l~z~ .(i~t:: ~t;< '" 4, . fIl~=tI.l /~/ ~>~ '-., = / =, ~' = U ~ luO ~~ -l~ III ';' P '--0. SED SITE LAYOUT PRO CHITECTS CMSS ~:enda Item 9 Page 6 ~ w ~ ~ 0 aJ~ Q. I~ : ,~ .z~ - ~~~' ~~Q. ~~~ ~~ :ti ~~~ . '" 5 ~ ill. ~ ~~ h~~ q~~i . ib~ T t~ -. !ii ~~~ a~~ ~.~~ ~~~ /J :J ~~ 5 ~~ ,,; ~:: }.:::~ !~~;.: t1!s~~ s>-f.:- !li'~ l!! ii: '- ~ .li~~ ~s!~~ ~M~I % ,::, "" o L ~' eo' C::. LJ '" 5 w ~'SC- S en t::l 2 <:.) Uf ~:z b~ i~i < I I r.:-==- .' II;}~ ~ ftil:, Z;..... .~~ ~Z ~l'- -1g:9)~g "- ~- o lXI .....N ~ ;~ I ;; s:::; ,,0 SrJ. ~ !;1 '" IS } ~ '" '" o <D o OJ .... ~~ :::~ ~~ . ~i lr! ; ~E.t~J ~.A~:.. ~!~g r , t a ~;; .j, ~5 ~t= ~;~~ ~i~~ PREVIOUS LAYOUT FILED BY MILL DAM LANDING ASSOCIATES - ULTIMATELY WITHDRAWN CMSS ARCHITECTS Agenda Item 9 Page 7 :;l ~ o ) " It J ~~ ot ) / ~ '--~ LAKE llRAOfalO IIIf THE CITY Of VA BEACH 1479-J8...4l16tl J (0.8. IOla P. 1M) 13.54' / 0 ADO'L PROPEHTY FOR lANlJSCAPE BlIFFER. CBPA IJIWNN;E OR jccESs~!iJJ ~ / (1452.7 SF., O.fJ.D ACRES) ~ / lDT33 ........... ---- SUBDIVISION VARIANCE EXHIBIT K - SOLJTtmEPOINT OF .PROPERTY OF I.W. GIWmY. m (1lJl. ~30. P_ -I AHll PAICElS A " B PUT Of .. CLOSID 1ISTDN lNDorft.YNN All, CBUBB LAD 'I'IRItCI_ c.i', 11 REP!REHC! IlOC1llIEN'IS IlICOIlllII) Ilf 'lIIIt ctIlIK'S OFFICI! or THE ClRCIlIt COUIlr, WlCIlUl.llUCl:l, tl VIRGINIA BEACH. .VUIGINIA FOR .... I nAU I AIoII\IUI:l AOQlV'OtATl:O I I ,. INITIAL LAYOUT FILED BY MILL DAM LANDING ASSOCIATES CMSS ARCHITECTS Agenda Item 9 Page 8 , I z o I I !;; U I I ~ J:L4 ~ ~ u DISCLOSURE STATEMENT I APPLICANT OJSClOSURE 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) John H. Crouse, AlA C.O.o.; Burrell F. Saunders, AlA - c.E.O. - - 2. List all businesses that have a parent-subsidiary' or affiliated business entitY relationship with the applicant (Attach list if necessary) N/A ~.......'-_... -- o Check here if the applicant is NOT a corporation, partnership. firm, busIness, or other unincorporated organization, PROPERTY OWNER OJSClOSURE Complete this section only if properly owner is different from applicant. ff 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) James S. Elfelt; Leslie A. Etfett 2. List all businesses that have a parent.subsidiary1 or affiliated business enfitl relationship with the applicant: (Attach list if necessary) N/A .. m Check here if the property owner is NOT a corporation, partnership. firm, business, or other unincorporated organization 1 & ~ See next page for footnotes ~ Z o >> I CI":) ~ ~ ~ ~ CI":) SOOdMsloo VlltIeIlc" ApPlicatiOn i10gc 10 olll R....:1f1lillll DISCLOSURE STATEMENT CMSS ARCHITECTS Agenda Item 9 Page 10 ISCLOSURE 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) WPL - Engineering; Others. TBD 1 "Parent-subsidiary relationship. means "8 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'8 relationship, other than parent- subsidiary relationship, thaI exists when (i) one business entity has a controlling ownership interest in the olher business entity, (ii) a controlling owner in one entity is also a controlling owner in the other enlily, or (iii) there is shared management or control between the business entitles. 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 1Jer"een the entitles: See State and Local Govemment Conflict of Inlerests Act, Va. Code ~ 2.2-3101. CERTIFICA nON: I certify lhath information contained herein is true and accurate. I understandlhat, upon receipt 01 notmcation (postcard) that the appllcatlon has been scheduled for public hearing, I am responsible for obtaining and posIlng the reqwred sign on !he subjet 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 lhe subject property by employees of the Department of Planning to phOtogra and view lhe site for purposes 01 processing and evalualiTlg lI1ls appUcation John H. Crouse, AlA Print Name James $. Elfeit; LesJie A. tlfelt Print Name Sllbdl\lisiott VelfMc4 J\pIl!icalion Page 11 "I 11 R.,osed 7/tl/06 z o ....... !< u I I ~ ~ ~ ~ U > Z o I I CI':J ES Q ~ ;:::> CI':J DISCLOSURE STATEMENT CMSS ARCHITECTS Agenda Item 9 Page 11 i I Item #9 CMSS Architects, P.C. Subdivision Ordinance 4949 Lookout Road District 4 Bayside September 10, 2008 CONSENT Joseph Strange: The next matter is agenda item 9. An Appeal to Decisions of Administrative Officers in regard to certain elements in the Subdivision Ordinance, Subdivision for CMSS Architects, P.C., on property located at 4949 Lookout Road, District 4, Bayside, with five conditions. Jim Elfelt: Hello. I'm Jim E1felt. Joseph Strange: Welcome. Are the conditions acceptable? Jim Elfelt: They are. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Dave Redmond to review this item. David Redmond: Thank you Mr. Strange. This property is comprised of three lots totaling 1.34 aCres. There is an existing dwelling on the site. The applicant, CMSS Architects, PC is proposing a reconfiguration ofthese three lots in order to construct three new single-family houses. The site can support three residentia110ts under the R-7.5 Zoning, except the lots lack the required width at the right-of-way, which is Lookout Road. Earlier this year, a subdivision variance request for this property was submitted, which was recommended for approval by the Planning staff, and recommended for approval by the Planning Commission but it was ultimately withdrawn before City Council heard it. That proposal '\Vas to create four lots on this 1.34 acre parcel. The property owner is now working with the current applicant, CMSS Architects, to create not four, but three single-family lots on this site. Staffs conclusion is that the current proposal meets the intent ofthe Comprehensive Plan as it has been developed in a manner that best blends with the surrounding neighborhood, in terms oflayout, lot size and impervious cover. Staff, therefore, supports the proposal. The Commission is unaware of any opposition and concurs by consent. Thank you Mr. Strange. Joseph Strange: Thank you Dave. Chairman, I have a motion to approve agenda item 9. Janice Anderson: A motion by Joe Strange and a second by Don Horsley. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE Item #9 CMSS Architects, P .C. Page 2 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: Bya vote of 11-0, the Board has approved item 9 for consent. TONY AND HELEN FLEMING Ton Relevant Information: · Princess Anne District · The applicant requests a Subdivision Variance to make a lot created by deed in 1970 a legal lot. · The lot meets the zoning ordinance requirements of 1970, but does not meet the current ordinance requirement for 150 feet" of lot width. Thus, a Subdivision Variance is necessary to make the lot legal. · Applicant desires to demolish the existing house on the site and then construct a new house. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. I I ~~ t.~., _~ ~~..:.:r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TONY & HELEN FLEMING, Subdivision Variance, 3373 Head River Road, PRINCESS ANNE DISTRICT MEETING DATE: October 14,2008 . Background: The proposed plan was recently under review by Development Services Center as a Single-Family Site Plan. During the review, it was determined that the lot was not a legally created parcel. The applicants were advised that documentation was required to establish the parcel as a legal subdivision. The subject parcel was created as part of a five-lot subdivision plat prepared by W.B. Gallup, surveyor, dated June 15,1970. The plat was part of a Deed of Bargain and Sale recorded on July 23, 1970, in Deed Book 1171, Page 772. The Princess Anne County Subdivision Ordinance was adopted September 28, 1953. The lots should have been reviewed and recorded under the provisions of the Subdivision Ordinance; however, they were created by deed instead. Thus, the lot is considered not legally recorded and a subdivision variance is necessary since the lot cannot meet the current Zoning Ordinance requirements for the Agricultural Districts. . Considerations: The existing lot has 20,038 square feet of area and a lot width of 100 feet. A single-family house, which will be replaced with a new house, is currently located just to the northeast of the center of lot. The current Zoning Ordinance requirements for a single-family lot are 43,560 square feet of minimum lot area and 150 feet of minimum lot width. Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The problem involved is not of so general or recurring in nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The problem is the result of past actions, of which the applicant had no control. The Princess Anne County Zoning Ordinance in affect at the time the lot was created by deed indicated two types of lots in the Agricultural zoned areas. A-U Agricultural Unrestricted possessed no minimum lot size or width and A-R Agricultural Restricted possessed a minimum area of 10,000 square feet and TONY & HELEN FLEMING Page 2 of 2 a minimum width of 100 feet. Thus, during that time, the size of the applicant's lot was not considered unusual The Planning Commission placed this item on the consent agenda because the affect of the requested variance, should it be approved, is to legalize a deed- created lot that has been used for over 30 years for a single-family dwelling and there was no 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: 1. The property shall be configured substantially as shown on the plat entitled; "Subdivision Plat of Parcel A; Plan of Property of Helen Jones Estate," dated June 2, 2008 by Digital Survey Services, LLC. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. All necessary sewage disposal permits shall be obtained from the Department of Environmental Health. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: . Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager~ t. b(501"', TONY & HELEN FLEMING Agenda Item 1 September 10, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. I I ADDRESS I DESCRIPTION: 3373 Head River Road GPIN: 13894374120000 COUNCIL ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 0.46 acres SUMMARY OF REQUEST The proposed plan was recently under review by Development SelVices Center as a Single Family Site Plan. During the review, it was determined that the lot was not a legally created parcel. The applicants were advised that documentation was required to establish the parcel as a legal subdivision. The subject parcel was created as part of a five-lot subdivision plat prepared by W.B. Gallup, sUlVeyor, dated June 15, 1970. The plat was part of a Deed of Bargain and Sale recorded on July 23, 1970, in Deed Book 1171, Page 772. The Princess Anne County Subdivision Ordinance was adopted September 28, 1953. The lots should have been reviewed and recorded under the provisions of the Subdivision Ordinance; however, they were created by deed instead. Thus, the lot is not considered legally recorded and a subdivision variance is necessary since the lot cannot meet the current Zoning Ordinance requirements for the Agricultural Districts. Existing Lot: The existing lot has 20,038 square feet of area and a lot width of 100 feet. A single-family house is currently located just to the northeast of the center of lot. The applicant will replace the existing house built in 1940 with a new house. .Imn Lot Width in feet Lot Area in s uare feet * Variance required Re e 150 43,560 Parcel A 100 * 20,038 * . .,,"... . '. . . .n .. .'_...... "." ,........ ...,.........,.. TONY & H~Ei;:N' FLEM~~NG .'. )~gehdajt,~f:r1, .... ";e~g~) . .. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling. SURROUNDING LAND USE AND ZONING: North: . Head River Road · Single-family dwelling I AG-2 Agricultural Districts · Single-family dwelling I AG-2 Agricultural Districts · Single-family dwelling I AG-2 Agricultural Districts (ARP) · Single-family dwelling I AG-2 Agricultural Districts South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features on this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Head River Road in front of this application is a two-lane undivided collector street. There are no Capital Improvement Program (CIP) projects slated for this roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Head River Road 655 ADT 1 9,900 ADT Existing Land Use ---z: - 10 ADT Proposed Land Use 3 - 10 ADT Average Dally Tnps 2 as defined by one single-family residence 3 as defined by one single-family residence WATER & SEWER: Water and sewer are not available. Health Department approval is required for private well(s) and for septic systems. DEPARTMENT OF ENVIRONMENTAL HEALTH: A Sewage Disposal System Permit must be obtained from the Department of Environmental Health. .. .... " -.'..' ..' ,....... ............... TONY & Hf.;bq:N FLEMJ:NG. ;\:~~?~;~e~\~..~.. . . .. ,... . .. .. .......... . ..... .........,.. .... . i I 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 fonnulation 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 with the conditions below. Evaluation: Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The problem involved is not of so general or recurring in nature as to make reasonably practicable the fonnulation of general regulations to be adopted as an amendment to the ordinance. The problem is the result of past actions, of which the applicant had no control. The Princess Anne County Zoning Ordinance in affect at the time the lot was created by deed indicated two types of lots in the Agricultural zoned areas. A-U Agricultural Unrestricted possessed no minimum lot size or width and A-R Agricultural Restricted possessed a minimum area of 10,000 square feet and a minimum width of 100 feet. Thus, during that time, lots the size of the applicants were not considered unusual. CONDITIONS 1. The property shall be configured substantially as shown on the plat entitled; "Subdivision Plat of Parcel A; Plan of Property of Helen Jones Estate," dated June 2,2008 by Digital Survey Services, LLC. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. .. . ..... '. . , . ... ' . . .. ........ . . ,.. . . . . . . . . . . .. . TONY & Hf;~~N FLENI:!:NG . ~enda~,~. 2. All necessary sewage disposal permits shall be obtained from the Department of Environmental Health. 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. .. ..." . .. . . TONY & Hf.;~I;NFLEI'i(t:!:NG ::(~gen~~J~!~1. . .. ,>,:'::g~9.~.4H .. .. t~it \::#~NltL,KWjtUM~S t,ltiJMi C iW!K L.mF~4;5~Wf !. 'U.;~Pj~lW\\+~.l~nU.l$<tT WK;.I~I;.~t.:&1~~[?:l$~m;m t. ~:~: {;~r~t. }~~:: ~~~,:.L_~,._-,:,~-<< 1 ~ j .~ 1 .~.1.':.~ ; :fRl~J1(~.[:.L.. .f~: ~ ....1 ^ {iNf:~~:l.~;.:~...;:'..,,;.,~,';:.~.'~.~.'.';';>~,"~,~.~.,,;...,.'..;;~.:.:N.~...<,..::'...'.:.';'.:;~<\'~~ (__, .~, ~~, >~ " I:.l.;~ ~dl' :~~) "",,\. l.~: '^'.' l l i" :: . ! ! . d.d';";::gA@i ~ !:f~t:'d""d.........t:/i1... . ... I 1. {,..j.~; ~'.'~'" .' ,'J'; , ~ ~i{~:::~ j; , 1 ~4t~.:<:.;.....;,... ~.:.'.~: ::::.:. " ~ t .. m I /;/ /',. l i.:/: :/:;. ";'.. ;.: ',: ";/d I '<0.' "..,,~ 0(':$ ".,... .!',',. ffif~~?4'^-~~. LC~~ 14 t:'~~: , \ '~I \{ ....<< .;&~ ':.-:::.~. ..",~.- I j: !: ~: j~~./1f~~ ~. .t :fH;iN~[~5T: t~ltr;~l~~ !-'l ~lP~n: t$l~ ~t~ 1tM fl~~~* t~tt :l:~!{.~L, :PG.. ~, ?f~.:.J. ;;,iZ;l~ei :. ~;.;.$i1:..~.l~\~~Iit".:~~:<<o(-:-:u.-:-:..-:. H~r;1J.J f:~~~~~J~: '~SC;UTf'~ H......... '; : .Sil ~; $::: ~~~ II m t :";:: { . . :;f::;>;:::::!;j!~~:;::;':i;';;;:::::::~:::'::;:l::~ ," . ::::::~.' :~:<<;.:.:.:.: '..i..f .:~: ....:. ~. J:'" ......... ;-:',':9:'- Rl (30f ~{tIt f:;::7~... P~\ l~~:~:r:J I I ?~j~Cj[t. .J\ ?\tlJ":' At.. PA~lG~.t.r <liy\~k ..tlNUK t~~~{~~ . ~:3f:;t~ <tJ ..~:}{S 'i~J~~. tll:1 ~~f: '-'11~~ tlBt1't'-1" Pt:.<1At ll:~:t: ;~tBX .....) EXISTING SITE SURVEY . c..._ ....... ............ TONY & H~FI;NFLEM!:NG ::::Agehdaft.~Ql.l . "';;.e:~g~J?.. .. . ... ". .. N~ 11 Ii. ERNE:Sr BROWN I I 4' i. ' GPtl 13S1I 4\ WiT . r:~~ ..,">,_ . N e:r.U'~9' If 100-00' O.ll, !~r1.:;~39" I t lr' i1~} -~_..^-.~-....- '[\ ,,~,\rl,~ ~ ?~C't[ ,., .'.1' .~k ~J 2.~~5~OJ1. . ",!l...1i OPII i38~",;j m~ "1 "'.. ~r'~' .,~ ~ .tt-~'l ~~~ ~ ~'!d r . - ~,~..~...: r 1 ld~ I 1 ~ t ~ ll~ I I~~i ~ ~I'.~ ~5l!~ "". 11.l <11 I ~ r I i I l. If N/I' VARNELL S. WlUM/S WI lJ~ ~a ~soo 000. '2l106O91<10013985111 ~3~ 1 ; PARCEl-I) .~ lIl.LW1 G CfIRlSDAId-WILUS. E:T AL. ~1369 4J JS~4 . 0.8,1171, PG. 779 Q.46 . k:Rt '~~?J~:';' .~ . ":...; ~..u...-,.~.e:_."'):'".~ ,;, i.l ~1 ii !a ~~ i~ ""l! PARCEL B Nt" JOHN H. JONES Gf'1ll 1~ 4,"\ 61ti tUl l11i, PG, 11~ ll.6.. 1214, f'(l. He- O.46ACI<E 51J ~ce: DEKOTES UteSClf 0S\l~ ~1loN. ru. ~ .ANO ~\l ~P. lilt( SIb, ENTR. 1". I1lJel( COflC. \fIN. JOl.~ PSt LAYOU. HEAD RIVER ROAD (30. RNJ) (0.8. 1~74.PG. Mtl) PROPOSED SUBDIVISION PLAT .. ... . " '" . . . .. .. ....... ....... ... TONY & Hl;:b~NFLEM.!:NG ::~genda ft!:tn 1,.' . '.:.. n(p:$g~J3 . ,- "' . . ...... ... . .. " . .... . . . .. . .. .. . . . . . . . , .. . . .. ... . ..... I I -.-.......................[ ""~~ c~d ...n., ''"";J ; . . ::2 .~1 : . ...~il:~;Jl SOUTHELEVAllON ._H.:.'..........._.~:-~~~~~~.~.:-:-:-~~~:-~~~~:'. t"" - cc.:-~~~__~~.:~~ .:~~.~ ~~.~~~.:.:~.~.-:.:~f.~::~~..~".~:!{!:.0:.:r~~~~- T: '~.' ..;.;.....;.;..,.;_.,;.:..;_.:.:~...;..:.:.:u...:.......:.......:..:.:.:.:.u~-'-:_..:_.:._..:.:_".,""-:."..;....~-: ". " ," .... --. ,... -, . . ,," ____nn__._. ___________.____.______. _____. . .-, -- - - - .. . ' ... .... .....................'.......[........... .....;.~ ! .!;i~ i ;y~..]J......... t ''''''tI' ~- ~~;'~'-. . ;,..".m..,..j,,,...\. __;~glevA~__ , . :~i:;': :ljlioi ~.:J.~~tr: ~.'...-..'..- tf .;:r~ ~tQl; ....:-:.;. .~~~",J ~~:: ~t?; ')'~f"~i . __;__;.--.....b...U EAST ELEVATION ... . .... ,."" """,. __... ..__d__' ~.............-.-........_......._..............;-.-.-....,~--:-:..,....._-....."'-_..,..~-.-.......,..-,---~....,..,~ . . . '. . ".",,, ,,-,-. _.........:".:':"..:"...:".s~:Air-;~;iir?~ ~;~~~. ~ ["'-"'. 'Wl.ilNIl110USE .AtiD1iE8S 1IIR(l1~~.\'J~~",,,,,,,,,, tmilIbl1E~AllONS _.._____________.~'"".._______...'"'"..._..~--.,.,.;;;..----~--;"';...-,------------.....""J:::.... PROPOSED BUILDING ELEVATIONS TONY & Hf.;bij.N FL!=M~:NG ):~gen~;~e:~'~:} .... BLACKWATER PARK '" ". b CO _Q ~C-2' (;){) 0 RD. . Q . ... ., ., 011 .. .. P ARP ARP ARP AR ARPARPARPARPARPAR AC-. ARPARP4RPARPARPARPAR ARPARP4RP4RPARPARPARPAR # DATE 1 DESCRIPTION I ACTION 1 8-12-85 1 Conditional Use Permit (horse boarding) I Granted ZONINGHIS1C>RY.:::.' .' ..... ..... . .". .,'::' ,. . . .... TONY & Hi:;J;I;N FLEM~:NG :::::::~gehdaJt~QJ1. '. . . ":e~g~:~. .. .. .. ".', .. U lalll' ~" ~ ""11' ....................... ~.,:. ~ I ,,:.,..,-,,-~..................................."'...._...._......................-~-:---.......-..... r-.<<Ni.'i.-r~1 ~l~i <:~! - _. )Z .... ..........,;......;......................~ .....~ !~ ~~~1 ~ -_........................................... v~. '1~ ~.: .--------..,....................,.........-- ~...~~.m . -;"" ~ ~ ~ ~: :c ~ $ I ~ $ ~ ~ ~: I ~ ~...,_~~.H..;......v,,;.....v............ z o I-~ . :?""l".b.:...~)l. e::~rl'!:j..( I:~~~: 14i;jMW~j.: ~;~ t:..:.;..:.::i</.'i.,)~<r',.; p:'v:-:' ~ ~ ~ ~. ~ ~ II .'''''':2.'' ffC::.m{ i:,*,,~t-..:.: ~C~; ~;':::%:::::* ~,.:<:~ ~ c: :#lmi:':'%:. (; ... ":':':""':::;::::%~'~: =:;:1 ~~1 G~:::::~ I I r~=>>m"ml>>"l~~.W~...OjSCLO$URE 'STAT~MEN:r1 L--- "",'" m .. ..'". m...J _......"-"""'.............n~..................' ............. .. ........ .. . '" '" -. ".... .... ,. ,,"" . :APPUCANTOISCLQSURE IHheappHcant IS a c.:orpof:at.lotl;t>fJrt:ner~lhiP:Hrm, business, ,'I' oth~:ir uhim:::QrporatIM organization,cornplete the f(m~Jwln!J: 1. List th~~ppiic:aflt tj~lTI~ fbllOWt~d by th~~ n<lmes ofal! (.m'itWfS, members, trustees, pattnefS, etc, below: (Attach Nstifn{;~oQ$Sffiry'; "_~....,,u.......................... .....v.......~....,;....v.._._..._..................;.;~.......................... . 2, USL3H tlu$ln$ssliJJ.:i thattlavc-:: a p"ln:'mt:"~il..ll~$ldiary~ ~'): af~liated bllSines$ (~rttit; felatlOf'lshlp l;viththe ..1pp!icant (Att..~(:.h as-fir n~cs$s,(1r:f) ~".."ohH_...............................u......................................................... . """.-----. ........-...........:...'.......-......................................................................... Cl-Il.:Jck ht1ffl lr th~ applb:ant is NOT a C<>n:)Oi~1tic.m, pa(tnen':.~hip,tknh business! or other.u nil"lCrJrp~)releG org<mj:;f.at~on.. ~RO?ERTYOWNER OI$CtOSURE Compf~tR this secth,n 9nly ifpro.petty owner j,s difffJraM lr<;<f!1 ,~pptil;ant.. If the property ow'net is ~.lt~{)qx}r:atlon; partnershlp,flrrn, business, or otht:.ll" unlnC<'...,Hp!.m'.rt.~d~;)rg;:W'lll;:3th:::m. cO!1'lplete the !{.lHowlng: . 1. List the prcp?rtY()Wn6f n~mt~ ff.~HoW~~ ~,~y tte (',ames <)~ail t)ffl{;ers; mernbers, tmst~...:ml p;~n!1em<,etc..bl.:;lO'W; iAlti~r:n 1iSt it noce$~mrn _.....-.'"....."....................~...~.......................................................~.-.-.............................~.'...............................v.~.......;...:............ ;.v..........-:.....,.,...................................:.;.;.;.......................................~........-................;.......;.....-;.;.._.~..~~....~...................................... -' '. ~. 2. U~~t (.lH bUSinesses that h~i"ve a pat("~nt.-subsidiary' or ;?ffHiated bU$lr'll;;ss~ntltyL. relmtJonshlp wlththe' t~pplica!1t: (Att~ch ii-M ifner:$ssar.v) * ........uu............._u___u._ ..T. . . . ----- - ..........................-....-....~.......~......_................----~~.I...,.'.'-:.......'.."I...................~...........:..................;,.,:................. :."...1:;........ _ . ..~..._.~._...............~"'..:-................~..:.~..~~..............'....~......-_...._........--.--....,..,..~......"'....~.......,.;..,..;.;..:......... ::: ::: ..............-........... I , '! &':l.s~~..;~~i..p;;~ f0r f(mtn<:ll~:\s '. ~1~ ...........'....-:.......... ....._._............_~......_...................~....._....:--.......,........_................................~...........~~~.. o Crleck ht~J~) ff the prop~rt'{ OW111;)r jt~ Nor~ll;~'OfPomtlon: partner$hip. finn, bl.~slne$1:;; or oth1llr unil'ltX'irpotated organL<::;;'ltion, ~ J .....~~~~,._ .~_~~;~~~~~~~~e.~ "A! :'SJ.lm. . . ........._.,...,~~:t ..:.. '~ ,:-'....:;,..;,.~~:~... . .....n...~nn. ^ _ _" ......... DISCLOSURE STATEMENT .... .. ... TONY & HEb~N' F:LEf\1:!:NG .:~$~h~:~J,~'~:..; . '. ,. .. 1.f"oiseLO.'. siJ..' R...,qE-..;T.~T.'.':~~E:.;'M.'\.~.$.E. PNT1a=.'.=~==, ~..........~ ;;. :;:~....~::::m-:: :::::::::: : J....~..m':;*;~m~~~~............... ~~~ ~..... ........................ AOOfTlONAl P~SClOSURE$ UstaH KnOWn contractors nt businesses that havf; Of vvlH f)tnvide $~rvic<S$ witt:l respect kl the requested property use, il1cludlngbut n()t lirnil(ld tQ the prr.wk.1ers of architectural SerV!l:)6S, feal e.stak~, ~~ervices. flnal1ciaI8entk::es,<:.lc~xHmung S~:f\lk:e~<: aflolegal services: (j\tt.:lch list if rleCeS$;.;ll'}') . . _......,.,.~.H........"'.~"'....~,;.."......--....~............_.._..............~"......;.;,;,................................. ......~..""'"'.......n...n.................._............................:...... .-.."'...........................;...........".............................-,............- Ii ? ..______.."'..........u...............___... ~\ i: ~.N"""."~.u."..u"""",,...................................~ ~, ~ f ~~ ~ ~,.,.. f ;, "Afml~t$qbu$lnes$ emily tl1\!~<ti0tl$hipw means "'a WlaN.mshl~:l-, mner th.al"lp;!lt\~mty i; stlhsidiary r$jati{'Jn$hj~l> thilt $>:js~$ wh$o:(i} orlt~pu61ne5i$ entity hottS i:l1;;otlttOmf~~ oWMl':$!1lP j intereSI in thaoU'lerbuslne.ss entity, {il} "ICQI)tmlHng ~)V1H~r In t}fleemny l~< ~l~O~.~~Ol1tfCmf\g 1: ~")wnl';lf in the l:>ther (:H1thy, or {lli) tl1erel5~hamd mr.-in~gemel1tl;ir ~:~m'~rQ1 ~~tW~mllh$t.ll;;~lria$s ~...'. entities, Fai::tom that a:,h<lLlld b$ t.':.{)l"\~idaj;ed in d~~termi:")lng m~~ ~~I$Wnq~ ,;,fuh ~lmh:.ti*d >: bU~>lmmi<S tmtltyralatJoo$t\lp include ttli..:ttltllll $l.'tt'fllli p~rs{)n m sub:itantl:':'iH'{ trt$ ~<~qlf.1p$f$Ctn ~: QWnOrl!l$.lnH~~ethatwoe.f\titje$: th~ra ar@i;omH'H:inQr(:t)tnmlngleQfuf'l!:is qr aS~$t$: tt'~a I . ~: !>tNH1JS~s~ntlti~$ shar~ tl1$ t{Sf; of thIS :!iafnl~ offices m a;1)p;QY$~S Of oth~nvlse Sharf;. ~ctivt.ties.< l re5r;UfC~Sl:lt pl1\r$onn~~l <m a ragular l:la5ls; orther$ it<,~)tt'Hz!wl$W <:\ clo~u wotkjngt~l~tlbl1~hir ~. ~tween th~ent!ti~:5,~ $t.llll $tat~ ~mj LOi:~IGi)\<'el'l'tmlznl C<ml'lict d'lntut~~h~.j.V.;t, Va,Cooe.~. t ';V'~'~:''1,<j ~ <.,,":" ..,YH; 1. ~:;;~J~~...~.... .,,-,~.....,...J;).lPI'~.,.. .~ III .".-~..".........,n...........,..;,,;...u.............. ..~~...w.._...;~..'........"'......................................;.................;,................................ .~u""....."".....".....".................................................................................._~.......,,~.............,..........;.......w;o;_ ! "P~rent.,$llb$idiar:4 rf3bHG(1Shlp~ rl'!}~;"ilm< "a felatitl!'lship th~t ~nd~t~ Wh~{f zme t,<Ofl:;<{.lrallol"l. alrsctly or indif$(;Uy twns shares POss~S$lnf:l men.:: than 50 percent of the vol'lng .pow~rof ,,"ll'H;1<IMer !:\orporatinn." S(?I~ Sb1!l:a and Lucai Gm1't~mm$pt C;)rdHctn! ird:$nlisw Apt. Va, Ctxi.e g 22-:1101. ....~.._~ ~. ". '," u~~*. ............... .................'..."..".".." ., t. ~ ~: ! i ~: I ~~ ii\ i;" ,:':' ;~~~ CER1iftCA.j~ON; j Genify tn~t m* lntl)(l"l>~th)ll (:Qrtl:;;tlnm:l h~ml(1 is tru:1: $w:i accuratR f H:'ldur$~lnu that, upon rilicf.<ipt nf notl!b:>li~:m lp~sk,<lrd) that tM: ~pplic~tion h~~t;.e~n t:f;I'tM~JI(ll:ll\:w pti~liC t!~~rit)-Q< I p.<mm~p<m'\$l!)l~fQl. optiiinin<'J l~l\cipm;gl'n ~hl ((->(';,j;l"f?d::i;;\1t:>::m ~h$ ~I,ll:tjactproperty at I(Mi;um {j,:l'>llS pcj,Jl.1Qm~'.~f:.ht~;:ltj;<l!>1 P~ltllic t,!3!arl11c:! Z:tlc.ordir\{1 tc t11* lr)sl:{;jcti{''f1~< in tt~iG ~ll.;lC~;:a:g~, The tma>;i(~igl'lt)j $L~Kl (:(;"m,,'!"lttl to $nlryup"1~ g';~~,ubj:"l;l pmiliNt:l" by i;~mlJi(:~-t;>fi',;; cithi:; 0:~~p:~(mll(1t~t or. PL::l)~llq? H::. pli~I!)gr3pt; ,~:1?j "j<:;:..u thu tlill,,1 j~rp:JrpO~$~ (:;1 f;n;;Cl~(,.:;inn (In,~ n'm}I;!tlth^,1 t.l'~iz :appllG-atkm. ;..-:';'.. ;;AX!J.Y. ,,,::t:.~(:,~~tt;;{(11") , ....{te~!ll/~ ,;;/:;,<.<f1tftl>'dt' ~~.~~f;?~iP _. :<: .~IJ..%/".,.,. j:,.~.."~~{;.l,....,!~2:;:.b!.::'~.~"..,...,.......,,.,......, Pml'l<ltlj" Own~lr:$SlgMtwre (J' ~:f1l~fl:.1nt .tMn' ~,p()lk~ll"1t) Tr)(:}-' .& t.ti.~~~~H f~<?~n-.;~n@ '~';~:i{~t "t~.~i~:~""~~~~- "r(H"<'j &. ~"1~~~rt r~)l~fni.h9 ...........,..,,;,.."....,.-.........;...............~...,;....................-......... PrV?t' r~.::3?t:;~: z o ~jtH 'rC ~ ~ ~.. U o ~;rt.."lli' ~ ~............................'......... ~ ~....'.~......... ~.~. DISCLOSURE 51 A 1EIVIE~T.... . . .. .. .. ~.' .., . :~~\;bd::~.mk~'l V(;lf:::..:;?\;'~~~, A~f?~~Qro:.Q~ "~8g~: ~ i ,;1 ',', . ::~~v;s.:):::i? fT?"HU~: TONY & HF;~I;:N FLEMJ,NG ~~n~~~'i9 I ,I Item # 1 Tony & Helen Fleming Subdivision Ordinance 3373 Head River Road District 7 Princess Anne September 10, 2008 CONSENT Janice Anderson: The next portion of our agenda is the consent agenda, and our Vice Chair Joe Strange will be handling that section for us. Joseph Strange: Thank you Madam Chairman. This afternoon we have six items on the consent agenda. The first matter is agenda item 1. It's an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Tony & Helen Fleming. The property is located at 3373 Head River Road, District 7, Princess Anne, with three conditions. Janice Anderson: Is there a representative on this matter? Can you come forward please? Mike Lancaster: Welcome sir. Are you Mr. Fleming? Mike Lancaster: No ma'am. I'm Mike Lancaster, and this is Mrs. Fleming. Helen Fleming: I'm Mrs. Fleming. Janice Anderson: Welcome Mrs. Fleming. You both can come up. Ed Weeden: For the record, please state your name. Helen Fleming: Helen Fleming. Ed Weeden: Thank you. Mike Lancaster: Mike Lancaster. Joseph Strange: Welcome. Are the conditions acceptable? Are the three conditions acceptable? Helen Fleming: Yes sir. Joseph Strange: You're on the consent agenda. Mike Lancaster: Yes sir. Item # 1 Tony & Helen Fleming Page 2 Joseph Strange: They are? Okay. Is there any opposition to this matter being placed on the consent agenda? Okay. Thank you. There is no opposition. Janice Anderson: You can have a seat ma'am. Mike Lancaster: Thank you. Joseph Strange: The Chairman has asked Don Horsley to review this item. Donald Horsley: This piece of property was part of a five lot subdivision that was prepared by Gallup Survey back in 1970. It was never really recorded, but it was subdivided by deed, and redeeded, and there is a house on the piece of property. There are several parcels like this, especially in the rural section of Virginia Beach that were really subdivided by deed back in those days. And, they were going by the provisions of the subdivision ordinance that was dated back in 1953. So, to make this legal, they need to get the subdivision variance approved today. All this applicant wants to do is to replace an existing house that was built in the 1940s with a new home. So, realizing the uniqueness of this situation, we didn't have anybody that was in objection to this, so we decided to put it on the consent agenda for today. Joseph Strange: Thank you Don. Chairman, I have a motion to approve agenda item 1. Janice Anderson: A motion by Joe Strange and a second by Don Horsley. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 1 for consent. BRENDA BRIGGS R-7.5 CUP - Home Oaycare Relevant Information: · Bayside District · The applicant requests a Conditional Use Permit to allow a home daycare for up to 12 children. · The applicant currently has a license with the Department of Social Services and provides care for five (5) children. · Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. A qualified assistant will be on site. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. II i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRENDA BRIGGS TIA KINGDOM KIDS DAYCARE, Conditional Use Permit (daycare), 700 Sullivan Circle, BAYSIDE DISTRICT. MEETING DATE: October 14,2008 . Background: The applicant requests a Conditional Use Permit to allow a home daycare for up to 12 children. The applicant currently has a license with the Department of Social Services and provides care for five (5) children. A family day home, which is a licensing step higher than the applicant's current level, is subject to licensure with the Department of Social Services when six (6) to twelve (12) children, exclusive of the provider's own children and any children who reside in the home, are provided care at anyone time. The applicant must abide by the regulations of the Department of Social Services to help ensure the safety of children cared for within the daycare. . Considerations: The site, zoned R-7.5 Residential, is approximately 14,375 square feet in size. There is a 1,482 square foot, single-family dwelling currently located on the site with a fenced-in rear and corner side yard. The rear yard includes a play area available for children who attend the home daycare. Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. A qualified assistant will be on site. The Comprehensive Plan policies stress the need to preserve, protect, and enhance the overall character, economic value, and aesthetic quality of the surrounding neighborhood. The Plan policies support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Such conditional uses and activities are generally acceptable in residential neighborhoods when they are adequately restricted and meet all State and local permit requirements. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, and the proposal is compatible with the adjacent residential neighborhood. The Planning Commission placed this item on the consent agenda because the applicant's current daycare operation has demonstrated compatibility with the BRENDA BRIGGS T/A KINGDOM KIDS DAYCARE Page 2 of 2 surrounding area, the lot and home are sufficient for the care of seven additional children, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The home daycare shall be limited to a total of 12 children other than children living in the home. There shall be no more than five (5) children under the age of 2% in the home at one time as required by the Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person other than a relative residing in the home shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the fence shall satisfy the requirements of the Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any building on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the.Building Official for home daycare use. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen'--- City Manager:~1, k. Cr3~ BRENDA BRIGGS T/A KINGDOM KIDS DA YCARE Agenda Item 5 September 10, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for home daycare. ADDRESS I DESCRIPTION: 700 Sullivan Circle GPIN: 1468925748 I I COUNCIL ELECTION DISTRICT: BAYS/DE SITE SIZE: 14,375 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a home daycare for up to 12 children. The site, zoned R-7.5 Residential, is approximately 14,375 square feet in size. There is an existing 1,482 square foot, single- family dwelling on-site with a fenced-in rear and corner side yard. The rear yard includes a play area available for children who attend the home daycare. Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. A qualified assistant will be on site. The applicant currently has a license with the Department of Social Services and provides care for five (5) children. A family day home, which is a licensing step higher than the ppplicant's current level, is subject to licensure with the Department of Social Services when six (6) to twelve (12) children, exclusive of the provider's own children and any children who reside in the home, are provided care at anyone time. The applicant must abide by the regulations of the Department of Social Services to help ensure the safety of children cared for within the daycare. EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: LAND USE AND ZONING INFORMATION · Single-family dwelling / R-7.5 Residential District · Sullivan Boulevard BRENDA BRIGGS T/A KINGDOM KIDS DA YCARE Agenda Item 5 Page 1 East: West: · Single-family dwelling / R-7.5 Residential District · Single-family dwelling / R-7.5 Residential District . Sullivan Circle · Single-family dwelling / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant environmental or cultural features on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Sullivan Circle in front of this application is a two-lane undivided local street. No Capital Improvement Program (CIP) projects are slated for this roadway. Sullivan Boulevard in front of this application is a two-lane undivided collector street. No CIP projects are slated for this roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Sullivan 4,429 ADT'- 9,900 ADT (Level of Existing Land Use 2 - 32 Boulevard Service "0") / capacity ADT Proposed Land Use.3- 64 5 AM Peak Hour Sullivan Circle No Existing Traffic Counts Available Vehicles (entering) 6 PM Peak Hour Vehicles lenterina) Average Dally Tnps 2 as defined by single-family house + 5 child daycare 3as defined by single-family house + 12 child daycare WATER: This site currently connects to City water. The existing 5/8-inch meter (City 10 # 47940309) can be used or upgraded to ;accommodate the proposed development. There is an existing 4-inch City water line along Sullivan Circle. There is an existing 1O-inch City water line along Sullivan Boulevard. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #345 and the sanitary sewer collectIon system is required to ensure future flows can be accommodated. There is a 6-inch City gravity sanitary sewer main along Sullivan Circle. There is an existing 8-inch City gravity sewer main along Sullivan Boulevard. Fire: The applicant must contact the Department of Permits and Inspections to determine if the activity entails a change in use requiring modifications to the building. BRENDA BRIGGS T/A KINGDOM KIDS DA YCARE Agenda Item 5 Page 2 , I II Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan policies stress the need to preserve, protect, and enhance the overall character, economic value, and aesthetic quality of the surrounding neighborhood. The Plan policies support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Such conditional uses and activities are generally acceptable in residential neighborhoods when they are adequately restricted and meet all State and local permit requirements. Evaluation: The request for a home daycare is acceptable. The exterior play area appears to be adequate to accommodate the requested 12 children. The applicant is currently licensed with the Virginia Department of Social Services, which is responsible for ensuring quality care for the children. Condition # 6 below requires that the applicant receive a license from the State and maintain licensure; therefore, inspections and requirements of that agency must be met. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, and the proposal is compatible with the adjacent residential neighborhood. Staff, therefore, recommends approval of this application subject to the following conditions. CONDITIONS 1. The home daycare shall be limited to a total of 12 children other than children living in the home. There shall be no more than five (5) children under the age of 2Y2 in the home at one time as required by the Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person other than a relative residing in the home shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the fence shall satisfy the requirements of the Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any building on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. BRENDA BRIGGS T/A KINGDOM KIDS DA YCARE Agenda Item 5 Page 3 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. BRENDA BRIGGS T/A KINGDOM KIDS DAYCARE Agenda Item 5 Page 4 , I ,I THIS IS TO CERTIFY THAT I. ON MAY 2, I S GO SURVEYED THE PROPERTY SHOWN ON THIS PL."T, AND THAT THE: TITLEt.1NES AND THE WAI.I..S OF THE: BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN '!'HE TIT/..E UNEs ANO THERE ARE ~' ENCROACHMENTS 01" OTHER BUIL.DINGS ON ,:~_E~tO"ERTY, ~C,~4' , SHO'W!N, > ,",:,.;" " SIGNED ~~..c;~<?,,~ SULLIVAN CIRCLE N 3CJl24' -OS"E 85' 74.95' -< Ar-- """ t 1',;---- -""'~ ^ / /0' -- c > oJ to '/. Y y .l. 55.7' ~ -..-;)-.--.. I . I \ - I ! 1 :. j i~: 1 N 71'7". I ;1! I>.a I I I -~ I !1 I I .w 'I~~ I~~: . U) I 55.S' 1Q U> C\l 1 Story Brick .; .; " ~. I i, ~I_ I !l ? ~ .U1t Uli :P- 1,+1-,,--- -' _......-- _'''"''1.. -- ---- '5 ..-' "'"' -- .. . ----'" ----.~--" ,~-~ --. 14 ,~.-....--~ ......-J-o--'\ \ \ '2. e~. -...... _ \ \ ?- ~ ......-':.54' E.__-.......-- \ \ \ ~". ,+~..~~ ;-. \ \ \ .-- \ f Z <X '" 'f. a:: .J oJ :::) (/) . "f- -/... ~ 'f, PROPOSED SITE PLAN BRENDA BRIGGS T/A KINGDOM KIDS DA YCARE Agenda Itel'T1 5 Page 5 R - 7. 5 1 CUP - Home Daycare # DATE DESCRIPTION ACTION 1 9-23-97 Conditional Use Permit (monopole tower) Granted 8-8-94 Conditional Use Permit (communications tower) Granted 2 1-25-05 Conditional Use Permit (church) Granted ZONING HISTORY BRENDA BRIGGS T/A KINGDOM KIDS DA YCARE Agenda Item 5 Page 6 TATEMENT 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 fist if necessary) 2. list all businesses that have a parent-subsidiary 1 or affiliated business entity<' relationship with the applicant: (Attach list if necessary) ---r- ---..........------....-. ct 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, busmess, or other unincorporated organization complete the following: 1, Ust the property owner name followed by the names of all officers members trustees partners etc, below: (Attactl list If necessary) ! 2. List all bUSinesses that have a parent-subsldlaryi or affiliated busiJ"'Iess entity2 relatIOnship with the applicant: (Attach/ist if necessary) 1<" o Check here if the property owner is NOT a corporation. partnership firm, busmess. or other unincorporated organization next page for f;-,otnotes 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 mterest? COf>~.Mi{::ndl U.i)e P1MrnH At}f.:mt;abAl Page (It 10 RavtSt~! yrY20D'~ I I z o I I ~ U I I I .....:I ,::t...c .~ f--4 ~ ~ ,::t...c ~ CI::l ;:::J ~ o I I f--4 I . Q Z o u DISCLOSURE STATEMENT BRENDA BRIGGS T/A KINGDOM KIDS DA YCARE Agenda Item 5 Page 7 z o I I ~ C-' I I .....:I =-- ~ F--t ~ ~ =-- ~ p ~ o I I F--t I I ~ Z' o C-' DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or Wlfi 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 !egal 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 GO\1ernment Conflict of interests Act, Va Code ~ 2.2.3101 ? "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship. that exists when (il 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 con sidered in determining the eXistence of an affiliated business entity relationship inClude that the same person or Stlbstantially the same person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101 CERTIFICA TION: i certify that the information contained herem IS true ami accurate I understand that upon receipt of notification (postcard) that lhe appltcatlon has been scheduled for pubHG hearing, I am responsible for obtaimng and postmg the required Sign on the sublect property at least 30 days prior to the scheduled public hearing according to the instructions 111 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 processlf1g and evaluating this application i ..c'~ . _~ .-" ....::::::J.. . . \...,...~ \. I o \.A \. ...;::4..'~ .' ._.. 'iirriii's Si9rt, l;~;~;'f ' rent than appJlcant} --- Pri~Name)7 d/ t !, t ",milhtJrull I)se Permit AppHcalion Page 10 of 10 Reviood 711/2007 DISCLOSURE STATEMENT BRENDA BRIGGS T/A KINGDOM KIDS DAYCARE Agenda ItstrJ 5 Page 8 II Item #5 Brenda Briggs TIA Kingdom Kids Daycare Conditional Use Permit 700 Sullivan Circle District 4 Bayside September 10,2008 CONSENT Joseph Strange: The next matter is agenda item 5. An application of Brenda Briggs T/A Kingdom Daycare for a Conditional Use Permit for a daycare on property located at 700 Sullivan Circle, District 4, Bayside, with seven conditions. Janice Anderson: Welcome. Brenda Briggs: Thank you. Good morning. I'm Brenda Briggs. Joseph Strange: Okay. Thank you. Are the conditions acceptable? Brenda Briggs: Yes. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Then the Chairman has asked Dave Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant, Brenda Briggs TIA Kingdum Kids Daycare requests a Conditional Use Permit to allow a home daycare for up to 12 children. There is an existing house of approximately 1,500 square feet, single-family dwelling, on site with a fenced in wear and comer side yard. The rear yard includes a play area available for children who attend the home daycare. The proposed hours of operation are from 6:00 am to 6:00 pm, Monday through Friday. A qualified assistant will be on site. The Commission visited this site last week. The applicant currently has a license with the Department of Social Services that provides care for five children. The family day home, which is a licensing step higher than the applicant's current level, is also subject to licensure with the Department of Social Services when there are as many as six (6) to twelve (12) children. The proposal, the staff finds, is in conformance with the Comprehensive Plans recommendations for this area, and believes the proposal is compatible with the adjacent residential neighborhood. Staff therefore, recommends approval of the application. The Commission is unaware of any opposition, and concurs by consent. Thank you. Joseph Strange: Okay. Thank you Dave. Chairman, I have a motion to approve agenda item 5. Janice Anderson: A motion by Joe Strange and a second by Don Horsley. AYE 11 NAY 0 ABSO ABSENT 0 Item #5 Brenda Briggs T / A Kingdom Kids Daycare Page 2 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 5 for consent CINGULAR I AT&T CUP for Communication Tower Relevant Information: · Kempsville District . The applicant requests a Modification of an existing Use Permit for a self-storage facility to allow a small portion of the site to be developed for a communication tower. . . A Use Permit for a iSO-foot tall tower with flush-mounted antennas is also needed. . Collocation opportunities are available on the tower. . The tower will be located adjacent to a storage unit, with the ground- level equipment located within that storage unit. Evaluation and Recommendation: · Planning Staff recommended approval . Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. ; I 01 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: New Cingular Wireless, TIA AT&T, Modification of the Timberlake land Use Plan and Conditional Use Permit (communication tower), 4293 Holland Road, KEMPSVillE DISTRICT. MEETING DATE: October 14,2008 . Background: The applicant proposes to install a 150-foot tall, unlit, galvanized steel, monopole communications tower with a four-foot lightning rod on a property that is developed with self-storage units. Since the proposed site for the tower is located within an area of the Timberlake Land Use Plan that was not designated for a wireless communication tower, the applicant seeks not only approval of the Conditional Use Permit for the tower, but also approval of a Modification of the Land Use Plan to allow a tower at this location. . Considerations: The tower will be built to accommodate up to four wireless carriers. The applicant's equipment and those of the co-locators will be located completely within the self-storage units adjacent to the proposed tower, thus being completely screened from view. A six-foot chain link fence with privacy slats will surround the tower and the approximately 500 square foot lease area. A portion of the self-storage facility will be demolished in order to accommodate the tower at its proposed location. The applicant is requesting as part of this Use Permit a modification to the screening and landscaping requirement and proposes a six- foot chain link fence with privacy slats surrounding the approximately 500 square foot lease area. Staff deemed this modification to the landscaping and screening requirement acceptable since three sides of the lease area are internal to the storage facility and the forth side faces the south side of a small retail strip shopping center, approximately 475 feet from Holland Road. In addition, a modification to the 25 foot setback is also requested as the tower's base will be approximately five (5) feet from the property line, adjacent to the existing strip retail center to the north. Information provided by the applicant indicates that the tower is 1.66 miles away from the nearest 200 foot wide buffer of a microwave path for an existing public safety communications site and is 1.72 miles from the City's nearest emergency communication tower, both of which meet and surpass City standards. A non- NEW CINGULAR WIRELESS PCS, LLC T/A AT&T Page 2 of 3 ionizing electromagnetic radiation (NIER) analysis and an RF Emissions Compliance Report were also submitted indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. In addition, a structural report stating that this design can indeed accommodate up to four (4) wireless carriers was also submitted and accepted by City staff. The Planning Commission placed the items on the consent agenda because the proposal meets the standards for communication towers provided in Section 232 of the City Zoning Ordinance and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests as proffered and with the following conditions: 1. The communication tower shall be constructed with flush mounted antennas as substantially as shown on the site plans entitled, "AT&T, Kipling,NF318A, 4293 Holland Road, Virginia Beach, VA 23452," prepared by ALLPRO Consulting Group, Inc., dated 07/29/08, with the exception that no barbed wire shall be permitted on the fence. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas and lightning rod shall not exceed 154 feet in height. 3. All ground equipment shall be housed inside a storage unit as depicted on the. plan noted in Condition 1 above. 4. Consistent with the provisions of Section 221 (i) of the City Zoning Ordinance, the setback requirement and the landscaping and screening requirements for the tower are modified to the setback and screening shown on the plans referenced in Condition 1 above. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(i)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property. 7. No signs indicating the location of this facility are allowed. , I ,I NEW CINGULAR WIRELESS PCS, LLC T/A AT&T Page 3 of 3 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: NEW CINGULAR WIRELESS PCS, LLC TIA AT&T Agenda Items 2 & 3 September 10, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: 1. Modification of the Timberlake Land Use Plan. CUP for Communication Tower 2. Conditional Use Permit for a Communications Tower. ADDRESS I DESCRIPTION: Property located at 4293 Holland Road GPIN: 14768649090000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: Approximately 500 square feet of lease area SUMMARY OF REQUEST The applicant proposes to install a 150-foot tall, unlit, galvanized steel, monopole communications tower with a four- foot lightning rod on a property that is developed with self-storage units. The tower will be built to accommodate up to four wireless carriers. The applicant's equipment and those of the co-locators will be located completely within the self-storage units adjacent to the proposed tower, thus being completely screened from view. A six-foot chain link fence with privacy slats will surround the tower and the approximately 500 square foot lease area. Since the proposed site for the tower is located within an area of the Timberlake Land Use Plan that was not designated for a wireless communication tower, the applicant seeks not only approval of the Conditional Use Permit for the tower, but also approval of a Modification of the Land Use Plan to allow the tower. NEW CINGULAR T/AAT&T Agenda Items 2 & 3 Page 1 , I " LAND USE AND ZONING INFORMATION EXISTING LAND USE: Self-storage facility SURROUNDING LAND USE AND ZONING: North: · Holland Road · Shopping center I B-2 Community Business District · Multifamily dwellings / PD-H1 District · Shopping center / PD-H1 District · Vacant parcel, commuter parking lot / PD-H1 District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The property is within the Chesapeake Bay watershed. There are no natural or cultural features on this site, as it is almost entirely impervious and developed with a self-storage facility. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers and conditions. The proffers and conditions are provided below. Evaluation: The submitted application indicates that the proposed 150-foot tall tower facility will satisfy a wireless coverage gap between the South Independence Boulevard area and the Holland Road / South Plaza Trail area for both residential and commercial wireless users. The applicant's original proposal was for a tower that had arrays protruding from the pole. Staff recommended that the applicant investigate the possibility of modifying the design to reduce the negative visual impact of an array on the surrounding properties. The applicant researched this request and found that a flush-mounted design would be acceptable. The applicant's equipment and those of the future co-locators will be located completely within the self- storage units adjacent to the proposed tower, thus being completely screened from view. A portion of the self-storage facility will be demolished in order to accommodate the tower at its proposed location. The applicant is requesting as part of this Use Permit a modification to the screening and landscaping requirement and proposes a six-foot chain link fence with privacy slats surrounding the approximately 500 square foot lease area. Staff deemed this modification to the landscaping and screening requirement acceptable since three sides of the lease area are internal to the storage facility and the forth side faces the south side of a small retail strip shopping center, approximately 475 feet from Holland Road. In addition, a modification to the 25 foot setback is also requested as the tower's base will be approximately five (5) feet from the property line, adjacent to the existing strip retail center to the north. NEW CINGULAR TIA AT&T Agenda Items 2 & 3 Page 2 Information provided by the applicant indicates that the tower is 1.66 miles away from the nearest 200 foot wide buffer of a microwave path for an existing public safety communications site and is 1.72 miles from the City's nearest emergency communication tower, both of which meet and surpass City standards. A non-ionizing electromagnetic radiation (NIER) analysis and an RF Emissions Compliance Report were also submitted indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. In addition, a. structural report stating that this design can indeed accommodate up to four (4) wireless carriers was also submitted and accepted by City staff. The proposal to construct a 154-foot tall tower with flush-mounted antennas is recommended for approval, as proffered and conditioned below. CONDITIONS 1. The communication tower shall be constructed with flush mounted antennas as substantially as shown on the site plans entitled, "AT&T, Kipling,NF318A, 4293 Holland Road, Virginia Beach, VA 23452," prepared by ALLPRO Consulting Group, Inc., dated 07/29/08, with the exception that no barbed wire shall be permitted on the fence. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas and lightning rod shall not exceed 154 feet in height. 3. All ground equipment shall be housed inside a storage unit as depicted on the plan noted in Condition 1 above. 4. Consistent with the provisions of Section 221 (i) of the City Zoning Ordinance, the setback requirement and the landscaping and screening requirements for the tower are modified to the setback and screening shown on the plans referenced in Condition 1 above. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(i)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property. 7. No signs indicating the location of this facility are allowed. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," NEW CINGULAR TIA AT&T Agenda Items 2 & 3 Page 3 I I Ii (9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The following Proffered Condition #3 is hereby inserted after Proffered Condition #2 set forth in Ordinance Z05941421 : "With the issuance of a conditional use permit by the City Council of the City of Virginia Beach, Virginia, pursuant to the terms of the City Zoning Ordinance, a communication tower shall be permitted on the Property consistent with and substantially in conformance with the exhibit entitled "AT&T, Site Name: Kipling, Site Number: 318A, Site Address: 4293 Holland Road, Virginia Beach, Virginia 23452", prepared by Allpro Consulting Group, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Wireless Communication Facility Plan")." PROFFER 2: Except as specifically amended hereby, the Proffered Conditions and all previous proffers shall remain in full force and effect. Grantor further covenants and agrees that: The above amendment having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance shall continue in full force and effect until a subsequent amendment changes zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, arid executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated August 20, 2008, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW CINGULAR T/A AT&T Agenda Items 2 & 3 Page 4 @"'~ ~li :'l{' II:) N ,.!. .~ D.' :.\"i.:' .i! z~ 0 " . ': '...1/1 I I I 1/ (~~ r /, / " , /. , , I /' , / ;' >. , ~ <' / ' I;'. .1. '~.:i , 1(<:1 . i" I i ~:., i -ii ~:::,~t,~{ 11 ~ , I " / I / ",,", '''-, '",,- - ''''-.. .'~" " ""- "), , I'-~ I' '. I. /', , /. .'1 t S.'Z~'I ~(~~~ " ~;If~ "l~ /' ~.. /', ""-, , I ~y:/ \,.,1 't " ,. .,! ;'" ,( " ~ .~ '1; .. . '! t ~' tl ,,~ '''-, .: '''-., " ""- '!to:. '....... '-, ""- .- '''-'' CJ 0 I! I~ Ii I~ '~ '~ " '.1 I I I d I Ii',", '"'4 ~ <' 'h- i ~; :~ ~ .' ):~ if ? :1- ..; * : , :~. , ~ ~ i I li ENLARGEMENT OF LAYOUT NEW CINGULAR T/A A'f& T Agenda Items 2& 3 Page 6 .. , . L. llNllllf1flll;f" PlI<I'OSBl AT&T lIl:8IJTY.\NlPIIAS ~ 146'-o"t Ml . ... -, , r. j:~ ....~g j; r:, "'5V .4NTf~~N~ - ,-" .."......., ...:~ ',:~,~ 'f l~~\:~ ~t$;"}::: :J lJ?~.~\,'" 'ufo.*., '~,J,,~ I- I) 1" 1 t ~, I r , , ~: It IQ.. tt', . t:~:::I. 1 - tl1"!~.::::, "",..t',;.:: ;:.f" f j ;""!t$~. t. .;, ~:~Jl.:;f i%'~ f l: ...... %. . tv.,'". 'If.. , ".. " TOWER ELEVATION I FLUSH-MOUNTED-ANTENNAS NEW CINGULAR TIA AT&T Agenda Items 2:& 3 Page 7 CD en ra a.. CD > o u .... c CD a.. ... ::I U , I ,I CURRENT COVERAGE MAP NEW CINGULAR T/A AT&T Agenda Items 2& 3 Page 8 .... 1ft ~ .... ~ fa < ~ pi ~ u. Z ,I;. ~ .- ~ u ~ fa a- U > o u COVERAGE IMPROVEMENT MAP NEW CINGULAR T/A AT&T Agenda Items 2"& 3 Page 9 I I , I II CUP for Communication Tower 1 09/09/03 MOD to LAND USE PLAN (car Granted wash) 2 12/18/02 CUP (fuel pumps) Granted 3 05/08/07 REZ B-2 to Conditional A-18 . Granted 4 02/10/98 REZ B-2 to Conditional A-18 Granted 5 OS/25/04 MOD to LAND USE PLAN (motor Granted vehicle sales) ZONING HISTORY NEW CINGULAR T/A AT&T Agenda Items 2& 3 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) New Cingular Wireless PCS. LLC (tla AT&T) - Please see attached list 2. list all businesses that have a parent-subsidiaryl or affiliated business entlt.{ relationship with the applicant: (Attach list if necessary) AT & T Mobility LlC o Check here if the applicant is NOT a corporation. partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership. firm. business, or other unincorporated organization. complete the following: ; 1, List the property owner name followed by the names of ail officers. members, trustees. partners, etc, below: (Attach list if necessary) Jack Rabbit SeIf-StoragelHolland Road, L.l.C, - Please see attached Member.lIs! 2. Ust all businesses that have a parent~subsldiaryl or affiliated bus.iness entity2 relationship with the applicant: (Attach list if necessary) o Check hare if the property owner is NOTa corporation, partnership, firm, business. or other unincorporated organization. '\ & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No ~ If yes, what is the name of the official or employee and the nature of their interest? OondrtlCOO' U.6 P",rmH AppjiWt\i(,,< II ,)j lD t:kiO()7 ~ I t ~ U : , ~ H ~ 8: ~ ;::::> ~ o I I H ~ ~ U DISCLOSURE STATEMENT NEW CINGULAR T/A AT&T Agenda Items 2& 3 Page 11 z co I I ~ U I I s: ea f--4 ~ 8: .~ ~ ;:::J ~ co I I f--4 I I ~ Z co u , I 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) LeClairRyan, SAI Communications, Allpro Consuaing Group. Inc, Waterford Consultants. LLC and Halder Surveys P.C. 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code 9 2.2-3101. ~ "AffHiated 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 contro1ling owner in the other entity. or (Iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment ConfHct of Interests Act Va. Code 9 22-3101, CERTIFICATION: I certify that the information contained herein IS true and accurate. I understand that upon receipt of notification (postcard) that the appHcaoon 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 te photograph and view the site ror purposes of processing and evaluaUng this apphcatlon, 1 tLA t..i "*; \.... "'V" "-\ '-"~, App'14nt's Signature ' ! ,,' DISCLOSURE STATEMENT NEW CINGULAR T/A Al& T Agenda Items 2,6t 3 Page 12 CITY OF VIRGINIA BEACH DE.P ARTMENT OF PLANNING CONDITIONAL LISE PERMIT APPLICATION LIST OF MEMBERS OF JACK RABBIT SELf'-STORAGE1HOLLAND RO.-\D. t.L.e. John C. AspimvaH, HI A Family Partnership Triple A, LLC Richard E. Olivieri, Trustee of the Richard E. Olivieri Revocable Tnlst, dated July 14,2004 J and T Associates, L.L.C. DISCLOSURE STATEMENT NEW CINGULAR T/A At&T Agenda Items 2'& 3 Page 13 ~ .~ at&t ::r.q,c }r- >-; i~t - ,- "leet Us :,.::' .:u:J '-'~, :;;1 ,~t: ""',=:; (: ::: "-1 :.iJP;::: r: ...... j~'e\;'-"- '_ ">3" '''~el,' ,:~o' >- .. - ~ >" ....,~ _ ::!n..:'::.( ;:: ';'! [' :;.~~:,: ; :~~-':'~'~~: ~:tt cl>:?:-jt ;:: ~ <st~ :.ns _ t .:.e 3r.~"'. hr.: "' .c.T:: t..; 2 -< ~~ >'!'~', '. .,;.~, 'ler "E~r':::lt\, L.: t'. '-::'>',"{ ~;:,;;r ::7:'5 :::~:; <"' r>d f'. -,~t ... At '~L 6 :~:~~ ;.., "" ( , , ~ - :;:~ -: Meet Us Ralph de la Vega ; :-e~~dert 5rd ':h1ef E:, >} ":~jt! Paul j{, Poth ~ ~. :!"..:~:.~, :,~nt ::,,~~t~^' - ~-, ~- -. ~ ~;~:~:T ~ ~ .:';). 't ',' ::: ~ ~ :...;:." .5 f- ~~Jr.:::>-t t:~"-,":~ Kristin 5. Rinne Kathleen L. DOIllHng :::: p, .' >= Pr:::~ :,:;,;'nt.. ~:. ..;:;t:.: r- !.:,':- ~:Fn." Ser~~or ".!ice Pre5;dert-A~.::~:te:::ur"e 1~.. : ."j"-,:tr;:- E""" ~':6-,.'n~; t' :1 Jf ::;::h <: John Dwyer ::;:.C' Gt" K :::.e Pre~:;l jent, Sales; -=T ~rat!c:- ~ jf<) :: ..i~;t:.. r;,v:~r E.' pt.'ne-r Peter A. Ritcher -: >3r ;or '. :.f' D~-~':.-;~ jert ~I : l:, n~ ':':~:'; :(-;18'j- F;n,3'r-c~,;jl "_~ff;ce( 2, Kent "lathy Pr>::~~~ 'Jer-;'".- Srr,~ EUSini";:'':.:' "lartin E. GrambOl'l ;.:::; ~ ~:en':r l,< =:>3 C"'e;:JerJ 3:- j (~8r->:"..3 :>: ..n':;;,::; t~T2.;T r..kb; ~t~,,' a;-,d Ser ,0~- '.'ice Glenn Lurie ,: (t.'$ d0nt ;:>rt::: :h:,nt-"J s-t: nc =- ~:~"it.<..:+:: ~ 4:;S':;tdf'f: 1,- p.....;":-~-,':' ::.' ., )outhe,::;st AT:z""" Sen,.iC/05 Inc 2, _ ,; ~-...;.: ' :), :>:;ta: :-1 Stelle Hodges Fred Devereux pe; en,;; Pres jert-~"EJthea::t ;: "t'::"~;id>?r't - >,", ' ~,- h "e e:;$ Cp~r:::r"j:)r~:~, l"i? ,'" t : 'F3[ 5tephen A. 1'1cGaI'J Bill Hague ,-- . '" :~.i::' Pr>js:ideit - "r,. (f:1e~~>; ,...~_:'..;tl,,:t::: 0 __ p~-~;. :j~:;~'~. ',,"'C ,>,... "I ~,t(,jteq leAnn Priebe Wdliarn Hogg +-. ::,ol\,.lf2d ;: resideft--= e::ntrd ;:T?S,jert r'~t;t en. ..:.S"-',,' : 1'-": -. Pam Parisiall ': enll)f '. ce Pn:"$~d~Lt-IT ti;Tu.T H)t '!l't"l .,telle Sitton FT~:: j.er't. t:-~ ~.~ ,S <~t l.'j,t",o;;> ~ - ~:o',3C'~ [)dvid (hristopher r::~ r,1d,-kt ", "O~" ....;;,~- ~r: 0::<. DISCLOSURE STATEMENT NEW CINGLJLAR T/A AJ& T Agenda Items 2& 3 Page 14 Item #2 & 3 New Cingular Wireless PCS, L.L.C. (T/A AT&T) Modification of Conditions Conditional Use Permit 4293 Holland Road District 2 Kempsville September 10, 2008 CONSENT Joseph Strange: The next matter is agenda item 2 &3. It's an application of New Cingular Wireless PCS, L.L.C (T/A AT&T) for a Modification of Conditions for a recently approved' by City Council on May 24, 1994 on property located at 4293 Holland Road, and an application of New Cingular Wireless for a Conditional Use Permit for a communication tower on property located at 4293 Holland Road, District 2, Kempsville, with two proffers and seven conditions. Lisa Murphy: Good afternoon. Chairman, Vice Chairman and members of the Planning Commission, my name is Lisa Murphy. I'm here on behalf of the applicant. We agree to all the conditions and we appreciate being placed on the consent agenda and all the work that Carolyn has put into this application. Thank you all. I'll stand by for any questions. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Henry Livas to review these items. Henry Livas: The applicant proposes to install a 150 foot tall unlit galvanized steel monopole communication tower with a four foot lightening rod on property that is developed with self-storage units. The tower will be built to accommodate up to four wireless carriers. The applicants ground equipment and those ofthe co-locators will be located completely within the self storage units adjacent to the proposed tower, thus being completely screened from view. Also, a six foot chain link fence with privacy slats will surround the tower and approximately 500 square foot leased area. Since the proposed site of the tower is located within an area of the Timberlake Land Use Plan that was not designed for wireless communication tower, the applicant now also seeks approval of the Conditional Use Permit for the tower but also approval of Modification to the Land Use Plan to allow the tower. The applicant also requests a modification to the 25 foot base setback, and the landscaping screening requirements. The submitted application indicates that the proposed 150 foot tower will satisfy wireless coverage gap between South Independence area and the Holland Road/South Plaza Trail area for'both residential and commercial wireless users. Consequently, we approve the requested modification to the Timberland Land Use Plan and also a Conditional Use Permit for a communication tower, and we put it on the consent agenda. Joseph Strange: Thank you Henry. Chairman, I have a motion to approve agenda items 2 & 3. Item #2 & 3 New Cingular Wireless PCS, L.L.C. (T/A AT&T) Page 2 Janice Anderson: A motion by Joe Strange and a second by Don Horsley. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved items 2 & 3 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7217 DATE: October 3, 2008 FROM: Leslie L. Lilley "\ . B. Kay Wilson ~\tJ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; New Cingular Wireless PCS, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 14, 2008. I have reviewed the subject proffer agreement, dated August 20, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen JACK RABBIT SELF-STORAGE/HOLLAND ROAD, L.L.C., a Virginia limited liability Company (f/kla NOA, a Virginia general partnership) and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company TO (AMENDMENT TO COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia. THIS AMENDMENT TO COVENANTS, RESTRICTIONS AND CONDITIONS ("Amendment") made this o:W-jhday of August 2008, by and between JACK RABBIT SELF- STORAGE/HOLLAND ROAD. L.L.C.. a Virginia limited liability company ("Owner")(f/k/a NOA, a Virginia general partnership) (Grantor for indexing purposes), NEW CINGULAR WIRELESS PCS. LLC, a Delaware limited liability company, its successors in interest or title and its assigns (Grantor for indexing purposes), (Owner and New Cingular Wireless PCS, LLC hereinafter are collectively referred to as "Grantor") and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, provides and states as follows: WITNESSETH: WHEREAS, Owner is the owner of a parcel of real property located in the City of Virginia Beach, Virginia, containing 4.803 acres ofland commonly referred to as 4293 Holland Road, Virginia Beach, Virginia, GPIN NO: 1476-86-4909, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); WHEREAS, on January 11, 1982, the City Council of the City of Virginia Beach, Virginia ("City Council") changed the zoning classification of the area in which the Property is located from PD-H Planned Development Housing District to PD-H1 Planned Development Housing District 1 ("Timberlake Land Use Plan"); WHEREAS, on May 24, 1994, City Council amended the Timberlake Land Use Plan ("Land Use Plan Amendment") to allow for the extension of an existing mini-storage facility on the Property, which is described as commercial area on the Timberlake Land Use Plan; WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning gives rise; GPIN: 1476-86-4909 Prepared by: LeClair Ryan, A Professional Corporation One Columbus Center 283 Constitution Drive, Suite 525 Virginia Beach, Virginia 23462 WHEREAS, it was voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the Land Use Plan Amendment, in addition to the regulations provided for the PD-H1 Zoning District by the existing overall Zoning Ordinance, certain reasonable conditions related to the physical development, operation, and use of the Property adopted as a part of said Land Use Plan Amendment relative and applicable to the Property, which had a reasonable relation to the rezoning and the need for which is generated by the rezoning. Such proffered conditions were set forth in Ordinance Z05941421 (the "Proffered Conditions"); WHEREAS, the party of the first part desires to amend the Proffered Conditions to allow the construction and operation of a communication tower ("Communication Tower") on the Property subject to the granting of a conditional use permit for such use by City Council; and WHEREAS, Grantor and Grantee desire to amend the Proffered Conditions as herein provided in order to allow for the construction of a Communication Tower on the Property with the granting of a conditional use permit by City Council. NOW, THEREFORE, the Grantor, its successors, assigns, grantees and other successors in title or interest, voluntarily and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amendment to the Proffered Conditions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this Amendment shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, assigns, grantees and other successors in interest or title: 1. The following Proffered Condition #3 is hereby inserted after Proffered Condition #2 set forth in Ordinance Z05941421: "With the issuance of a conditional use permit by the City Council of the City of Virginia Beach, Virginia, pursuant to the terms of the City Zoning Ordinance, a communication tower shall be permitted on the Property consistent with and substantially in conformance with the exhibit entitled "AT&T, Site Name: Kipling, Site Number: 318A, Site Address: 4293 Holland Road, Virginia Beach, Virginia 23452", prepared by Allpro Consulting Group, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Wireless Communication Facility Plan")." 2. Except as specifically amended hereby, the Proffered Conditions and all previous proffers shall remain in full force and effect. 2. Grantor further covenants and agrees that: The above amendment having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance shall continue in full force and effect until a subsequent amendment changes and zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee which was advertised pursuant to the provisions of Section 15.2-2204 ofthe Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of Grantor and Grantee. 3. WITNESS the following signature and seal: JACK RABBIT SELF-STORAGEIHOLLAND ROAD, L.L.C., a Virginia limited liability company (f/k/a NOA, a Virginia general partnership) "~~;;f g-r(SEAL) all, HI COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledge before me this J t-/ +k. day of August, 2008 by John C. Aspinwall, ill, as Manager of Jack Rabbit Self-Storage/Holland Ro&L L.L.C., a Virginia limited liability company, on behalf of said company. 1\ My Commission EXPireS~'}f'VltU~) ':')/} aIJII ',J [ AFFIX NOTARIAL SEAL] , '"' , -), .1.;i{j'1.ctc.n-~ Public ." _ __ Registration No: d. 7-(, c;3S 4. I I GRANTOR: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager BY:/% <<'~-~;;- SEAL) r ,,~ Name: David C. Tuck Manage' , Real Estate and Construction ,1" q/() ~ Title: ~1~~~CI~~Cb , to wi!: The fore oing instrwnen>ws acknowledge before me this k day of August 2008, by i (. , as JS (;:; /!, H on behalf of New Cingu1ar ireless, PCS, LLC, a Delaware limited liability company, on behalf of said company. -~ Notary Public My Commission Expires:' 1. ~ J . / I Notary ID#: $6 t),fJ [ AFFIX NOTARIAL SEAL] 5. EXHIBIT A PROPERTY DESCRIPTION Property loeated in City of Virginia Beach, VA Parcell: ALL THAT certain tract, piece or parcel ofland situate, lying and being in the City of Virginia Beach, Virginia. as shown on that certain plat entitled "RESUBDIVISION OF PARCEL 1. TIMBERLAKE SHOPPING CENTER AND PARCEL 49,000 H-1-AANDPARCEL 49,000 H-2, KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA", Scale: 1"= 100', dated March 29, 1994, made by Basgicr and Associates, duly recorded in the: Qcrk's Office: of the Circuit Cowt of the City of Virginia Beach, Virginia, in Map Book 241, at Pages 59 and 60, more particularly described with reference to said plat as follows: Commencing at a point which is the intersection of the southwestern property line of "PARCEL IN' and the northwestern right-of-way line of South Plaza Trail and which is the southeast corner of "PARCEL 1A" as shown on said plat; thenceN 46031! 40" W, a distance of 844.'76' to the point ofBEGlNNING thenceN 46031' 40"W, a distance of to4.69' to a point; thence N 43028' 20" E, a distance of 120.00' to a point; thence S 460 31' 40" E, a distance of 87.00' to a point; thence S060 14' 39" E, a distance of 23.19' toa point; thenceS 430 28' 20"W, a distance of 105.01' to the point of BEGINNING. TOGETHER WITH that certain private drainage easement ten feet (10') in width located and more particularly described as follows: Commencing at a point which is the intersection of the southwestern property line of "PAR.CEL tA" and the northwestern right-of~way line of South Plaza Trail and which is the southeast comer of "PARCEL lA" as shown on said plat; thence N 46031' 40" W, a distance of 844.76' to a point; thence N 430 28' 20" E, a distance ofS.QO' to the point ofBEGlNNING; thence S 460 31 . 40" E, a distance of15.00' toa point; thence N 430 28' 20" E, a distance of 50.00' to a point; tbence N 460 31' 40" W, a distance of to.OO' to a point; thence S 430 28' 20" W, a distance of 40.00' to a point; thenceN 46031' 40" W, a distance of5.00' to a point; thence S 430 28' 20"W, a distance of 10.00' to the point of BEGINNING. AND BEING the SaIl1C property conveyed to NOA, tla Jack Rabbit SeIf-StorageIHolIand Road, a Virginia general partnership from Timberlake Shopping Center Associates, a Virginia general partnership by Deed dated February 28, 1995 and recorded March 23, 1995 in Deed Book 3483, Page 0731. Parcel 2: ALL THAT certain tract, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, as shown on that certain plat entitled ''RESUBDlVlSION OF PARCEL I, TIMBERLAKE SHOPPING CENTER AND PARCEL 49,000 H-I-A AND PARCEL 49,000 B-2, KEMPSVlLLE BOROUGH- VIRGINIABEAClI, VIRGINIA", Scale: 1"= 100', dated March 29, 1994, made by Basgier and Associates, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 241, at Pages 59 and 60. more particularly described with reference to said plat as follows: Commencing ata point which is the intersection of the southwestemproperty line of "PARCEL IA" and tbe northwestern right-of-way line of South Plaza Trail and which is the southeast comer of "P AReEL 1A" as shown on said plat; thenceN 46031' 40" W, a distance of 1295.18' to a point; thence N 830 56' 30" W, a distance of 118.68' to the pOint ofBEGINNlNG; thence N 43028' 20" E, a distance of 352.1 l' to a point; thence S 46031' 40" E, a distance of 5.00' to a point; thence N 43028' 20" E,a distance of 200.00' to a point; thence S 460 31' 40" E, a distance of 35.00' to a point; thence along the northwestern lineofformer"PARCEL 49,000 H-2"S 43Q 28' 20" W, a distance of521.51' to a point; thenceN830 6. , I 56' 30" W, a distance of 50.35' to the point of BEGINNING. AND BEING the same property conveyed to NOA, t/a Jack Rabbit Self-StorageJHolland Road, a Virginia general partnership from Timberlake Associates, a Virginia generalpartnersbip by Deed dated Febmary28, 1995 and recorded March 23,1995 in Deed Book 3483, Page 0734. Tax Parcel No. 14768649090000 7. 1250 CENTERVILLE I REZONING M6P~~~ fo-l~c"le 1250 Centerville, L.L.C. j;2{ ~" ~ all 1;B~~ ,J'I ~~ ~"-~LJI r~\. 1~~ \\ ({I'j! 0.<':> DiJ~'1. ~.\ <::1~ ~ . ~ ~ ~~ n .( ,..... '~l. tX . ~7r:::;, "" ~ ..Illll'l .\) Q~;'" b. . _ ~ >-. ~D~~. ~ Q~r;;:j 10 t)"'~~ v/V' ;<. UU"', \:\ oJ.! ~ ~ ~ "~.'i. (J." '. CeJ o~~~~.. ~h 1I ~.... Q r:: F1 R ~'\C ~lJl ~~iii ~ ;>~]. ~~ ~~ ~ ~~;~ 8-2 ~ ~ -~ \ v b ~o e-4 0 ~..~ . 0.: ~ \." ~O~ '1 J. CI):~ ~ ~\ ~., ~~~(~. ~"o~~-;;:'..\\; " ~ . ~ l'61 \\ ~( ~ ~ \ ..'~ _J!P/!:::.: (::) ~ J 0 0'.'" 13 ~. ~ ~~; .~~~r\\ ~~-'t fJi.':".-~ D :rtf';. ~'\P~ t~ R- \\ lo--- ~tf"'I'1\' ? I. . o~ . I ~ ~ \\ l\ ~. ~ ~c . ,~;^ :..."" r\" ~ ~ . ~ \\ ~ ~ ~( "" ,2\". -,.- ,,~~;i'\V:~ \\: Conditional Zoning Chunge frum B-2 to A-24 Relevant Information: · Centerville District · The request is to rezone 11.11 acres of a 16.12 acre parcel currently zoned unconditional B-2 to Conditional A-24 Ap~rtment District and to develop the site with 100 townhouse-style multi-family dwelling units. · All of the units will have two parking spaces and a garage. Additional parking is scattered throughout the site. · The proposed units are two-story with several different and interesting architectural features, and will be constructed with high quality exterior materials. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · There was opposition. 1250 CENTERVILLE I USE PERMIT Map~~{ fo-l~c"le 1250 Centerville, L.L.C. w~~ J "\ 1 ,," ~ ~~o~~c ~~~~ ~ ~ ~-' i(1~~c, f' ~.,. ~ .~ _J;<-~ I,., ~~'~. ~~tO \C~ ~g~~~/ tOt:l D t~a ~. ov.-~q~ : :Jt, l<>Q~~ ~~ . P\S'4:~ I .' ~~dd~ , 8-2 ~~~~ ? ~ ,;: ~~;~~R-~.g '.4 ..Jl ~ ~~;-r..... O~, 1 J. \ (I) : ~ ~ ,\ ~. . ~~C;) ~~ ~ ~ 1tc5t ~~ \ -':.~~ ~ .:i:~~ ~ (><0<5~\ -> .~ ~~ ro.~~~~~~ ~ ~ .~o~.': ~ a~.~1 ~~~~ R-5 ~ \ ~1; I, V . .~~~~, ~ ~ ~ ~ ~ \\ \\t~ ~ ~ .~~~~~ ~ cur for Convenience Slore with Fuel rumps Relevant Information: · Centerville District · The request is for a Use Permit allowing development of 5.01 acres of a 16.12 acre parcel for a convenience store with fuel pumps. · This proposal combined with the previous proposal for multi-family dwellings provide for an integrated development of the site, sharing access and similar design elements in regard to building materials and design. · The submitted elevations for the convenience store and canopy depict a brick building with split-face block accents. The proposed building has a double front, with one front facing into the proposed condominium project and one facing Cent~rville Turnpike. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · There was opposition. : I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1250 CENTERVILLE, L.L.C., Chanae of Zonina District Classification (B-2 Community Business District to Conditional A-24 Apartment District) and Conditional Use Permit (fuel sales with a convenience store), 2120 Centerville Turnpike, CENTERVILLE DISTRICT MEETING DATE: October 14, 2008 . Background: The applicant requests a rezoning of 11.11 acres of a portion of a 16.12 acre parcel, currently zoned unconditional B-2 Community Business District, to Conditional A-24 Apartment District. The applicant proposes to develop the site with 100 townhouse-style multi-family dwelling units. The balance of the 16.12 acre site will be developed with several commercial uses, consistent with the current B-2 Business zoning of the site. The residential and commercial components will be integrated, as the sites will share access and the proposed buildings will be complementary to each other with regard to building materials and design. . Considerations: The proffered site plan submitted as part of the rezoning depicts 100 units contained withir) 18 buildings in groups of five-unit and six-unit buildings and one four-unit building. The proposed density is 10.77 units to the acres. If the land area within the 120-foot Virginia Dominion Power easement that runs along the northern edge of the site is included in the density calculation, the proposed density would only be 9 units to the acre. The units facing Lynnhaven Parkway will have parking in the rear and paver-surface parallel parking along the front of the units to simulate an urban area. The units along the northern portion of the site will face the proposed lake, which will act as an amenity and a stormwater management feature. The units in the middle of the site are clustered around open space green areas which have paver-surface walking trails. The proposed development features 43 percent open space throughout the site. All of the units will have two parking spaces and garages. Additional parking is scattered throughout the site. The main access to the development will be via Lynnhaven Parkway, and the residents will have an access to the commercial site that fronts on Centerville Turnpike. The applicants are seeking to achieve a high-end townhome dwelling with a price range of $250,000 to $300,000. The proposed units are two-story with several different and interesting architectural features. The roofs will be architectural 1250 Centerville, L.L.C. Page 2 of 4 grade shingles. Half round gutters with full round downspouts will drain into terra cotta pots. The gutters will be secured with decorative brackets. The exterior of the dwellings will be a mix of brick and hardi-plank siding. Textured masonry blocks in the brickwork add visual interest to the frontage of the dwellings. Exterior accents such as columns, corner boards, railings and trim will be of low maintenance materials. Windows will have textured masonry heads and sills. Suspended canopies will cover the front entrances to the units. Garage doors will be raised panel doors with vision lights, and the doors will have a textured masonry surround. Textured masonry walks will connect the driveways to the front doors. Staff concludes that the request to rezone a portion of the 16.12 acre parcel currently zoned unconditional B-2 Community Business district to Conditional A- 24 Apartment district for the purpose of developing 100 townhouse style dwellings is reasonable. As previously stated in the report, the proposed site will be 11 .11 acres with a density of 10.77 units to the acres. Property to the west of the site, across Centerville Turnpike, was rezoned in December 2006 and modified in January 2008 to allow the development of a mixed-use project with a density of 17 units to the acre. The density of the Magnolia Run apartments to the east of the subject site is 12 units to the acre. Thus, the proposed density is in keeping with the surrounding uses. The proposed site design provides for adequate traffic circulation, sufficient parking, and open space areas. The proposed building designs are in keeping with the surrounding uses and the exterior finish materials are of high quality. The applicant also requests a Conditional Use Permit to allow development of a portion of the B-2 zoned area of the site for fuel sales in conjunction with a convenience store. The applicant also proposes a drug store and several restaurants on the site, all of which are permitted by-right. The submitted site plan depicts a 5,000 square foot retail space (convenience store) and a gas pump canopy with six (6) fueling stations underneath. An additional retail building of 14,500 square feet and two restaurants totaling 8,400 square feet are also depicted on the plan. One hundred ninety-one parking spaces and associated landscaping are also depicted on the plan. The request for fuel pumps in conjunction with a convenience store is appropriate for this location. Across Centerville Turnpike, a proposed mixed-use development has commercial uses at the intersection of Centerville Turnpike and Lynnhaven Parkway. That development combined with the proposal for the subject site provides a core at the intersection of commercial retail and services oriented to the adjacent neighborhoods. The applicant has taken care to design the proposed use so that it is complementary to surrounding uses. An important consideration of these two requests pertains to the reduction of potential traffic impact that will occur through 'downzoning' 11.11 acres of this 16.12 acre site from Business zoning to Apartment zoning. As currently zoned, II 1250 Centerville, L.L.C. Page 3 of 4 by-right commercial development of the site could generate 6,110 or more Average Daily Trips (ADT). With the proposed Apartment zoning, the number of generated ADT drops to 586. Moreover, these rezoning and use permit applications provide the opportunity to control access to Lynnhaven Parkway and Centerville Turnpike and to secure roadway improvements that would likely not be available if the site was developed by-right with existing zoning. There was opposition to the requests. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests as proffered and with the following conditions: 1. The site shall be substantially developed as depicted on the submitted "Preliminary Layout of the Woods at Lynnhaven" prepared by SAI Site Improvements and dated July 24, 2008. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Adjustments to vehicular site entrances and turn lanes may be made in conjunction with Public Works I Traffic Engineering comments. 2. The proposed retail store (convenience store) and gasoline pumps canopy shall be constructed substantially in accordance with the submitted elevations entitled ''The Woods at Centerville, Site Improvements, Inc. and Martin and Martin Architecture, Inc.", except there shall be no chimney element on the convenience store. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The dumpster areas shall be enclosed with a solid brick and or block wall to match the building and landscaping, in accordance with Section 245( e) of the zoning ordinance. 4. Category IV landscaping shall be provided along the property line between the commercial portion of the site and the condominium portion of the site. 5. A Photometric Lighting Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 6. Lighting on the canopy shall be recessed and shall not spillover to other properties. Lighting for the canopy shall be included on the required photometric plan and shall include provisions for low-level lighting for non- 1250 Centerville, L.L.C. Page 4 of 4 business hours. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance. Additionally, pedestrian walkways shall be provided from the convenience store to the condominium development to be constructed to the east of the site. The walkways shall be of a different material than that of the parking lot and drive aisle areas. 8. No outdoor vending machines and I or display of merchandise shall be allowed. 9. Video cameras and signage indicating that there is site surveillance by camera shall be installed on the site. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen"-- City Manager: ~ "l OB ~ 1250 CENTERVILLE, L.L.C. Agenda Item 1 0 September 10,2008 Public Hearing Staff Planner: Faith Christie REQUEST: Chanqe of Zoninq District Classification from B-2 Community Business District to Conditional A-24 Apartment District. II ADDRESS I DESCRIPTION: A portion of the property located at 2120 Centerville Turnpike GPIN: 14640816830000 COUNCIL ELECTION DISTRICT: CENTERVILLE SITE SIZE: 11 .11 acres SUMMARY OF REQUEST The request is a portion of a 16.12 acre parcel currently zoned unconditional B-2 Community Business district. The applicant proposes to rezone 11.11 acres of the larger parcel to Conditional A-24 Apartment District and develop the site with 100 townhouse style multi-family dwelling units. The applicant plans to develop the balance of the site with several commercial uses. The residential and commercial components will be integrated, as the sites will share access and the proposed buildings will be complementary to each other with regard to building materials and design. The submitted preliminary site plan depicts 100 units contained with 18 buildings in groups of five-unit and six-unit buildings and one four-unit building. The proposed density is 10.77 units to the acres. If the applicant were allowed to use the land area within the 120-foot Virginia Dominion Power easement that runs along the northern edge of the site, the proposed density would only be 9 units to the acre. The units facing Lynnhaven Parkway will have parking in the rear and paver-surface parallel parking along the front of the units to simulate an urban area. The units along the northern portion of the site will face the proposed lake, which will act as an amenity and a stormwater management feature. The units in the middle of the site are clustered around open space green areas which have paver-surface walking trails. The proposed development features 43 percent open space throughout the site. All of the units will have two parking spaces and garages. Additional parking is scattered throughout the site. The main access to 1250 CENTERVILLE, L.L.C. / Change of Zo,ing Agenda Item 10 Page 1 the development will be via Lynnhaven Parkway and the residents will have an access to the commercial site that fronts on Centerville Turnpike. The applicants are seeking to achieve a high-end town home dwelling with a price range of $250,000 to $300,000. The proposed units are two-story with several different and interesting architectural features. The roofs will be architectural grade shingles. Half round gutters with full round downspouts will drain into terra cotta pots. The gutters will be secured with decorative brackets. The exterior of the dwellings will be a mix of brick and hard i-plank siding. Textured masonry blocks in the brickwork add visual interest to the frontage of the dwellings. Exterior accents such as columns, corner boards, railings and trim will be of low maintenance materials. Windows will have textured masonry heads and sills. Suspended canopies will cover the front entrances to the units. Garage doors will be raised panel doors with vision lights, and the doors will have a textured masonry surround. Textured masonry walks will connect the driveways to the front doors. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A portion of the site is used for a golf driving range; the balance of the site is undeveloped. SURROUNDING LAND North: . USE AND ZONING: South: . . East: . West: . Single-family dwellings I R-7.5 Residential Lynnhaven Parkway Across Lynnhaven Parkway are single-family dwellings / R-7.5 Residential Multi-family dwellings / A-12 Apartment Currently a grass field; however, proposed retail area with restaurants, convenience store and gasoline sales / B-2 Business NATURAL RESOURCE AND CULTURAL FEATURES: A portion of the site is occupied by a golf driving range with the balance of the site being undeveloped. There are no known significant natural resources or cultural features related to the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPl I CAPITAL IMPROVEMENT PROGRAM (CIPl: Centerville Turnpike adjacent to this application is a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four-lane divided facility with bikeway within a 145 foot right-of- way. There is a Capital Improvement Program (Crp) project slated for this area. Centerville Turnpike- Phase II (CIP 2-851) is for construction of a four-lane divided highway with bikeway and scenic buffer 1250 CENTERVILLE, L.L.C. I Change of ZOling Agenda Item 10 Page 2 : I from Kempsville Road to the Chesapeake city limits. This project is currently on the "Requested but not Funded" CIP listing. Lynnhaven Parkway adjacent to this application is a four-lane divided major suburban arterial. The Master Transportation Plan proposes a four-lane divided facility with bikeway within a 110 foot right-of- way. There is a Capital Improvement Program (CIP) project slated for this area. Lynnhaven Parkway- Phase XI (CIP 2-167) is for the reconstruction of the existing roadway to provide an ultimate four-lane divided highway with bikeway from Indian River Road to Centerville Turnpike. Due to VDOT funding issues, this project has slipped out of the current VDOT six-year plan for construction. The applicant has submitted a Traffic Impact Analysis (TIA) to Public Works I Traffic Engineering, which has reviewed the TIA and is in general agreement with the recommendations of the study. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 18,379 ADT I 15,000 ADT Existing Land Use:.! - 0 Turnpike ADT Existing Zoning 3 _ Lynnhaven No counts 34,900 ADT 6,110 ADT Parkway available Proposed Land Use 4 - ADT1 586 ADT Average Dally Trips 2 as defined by abandoned golf driving range 3 as defined by 11.11 acres of B-2 zoned property 4as defined by 100 multi-family condo units WATER: This site is currently connected to City water. The existing 5/8-inch meter (City 10# 55525885) may be upgraded to accommodate the project. There are existing 16-inch City water lines along both Lynnhaven Parkway and Centerville Turnpike. SEWER: This site is currently connected to City sanitary sewer. The applicant must provide an analysis of Pump Station # 471 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an existing 16-inch City force main in Lynnhaven Parkway and a 20-inch City force main in Centerville Turnpike. There is an existing 10-inch City gravity sanitary sewer stub at the southeastern corner of the property which connects to the existing 10-inch gravity sanitary sewer main along Lynnhaven Parkway. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Centerville Elementary 659 694 8 8 Brandon Middle 1,248 1,198 4 4 Tallwood High 2,001 2,143 8 8 1250 CENTERVILLE, L.L.C. / Change of Zoiling Agenda Item. 10 Paga 3 1 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan identifies this area a Primary Residential Area. The overriding objective of the Plan's policies for the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the area. In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Developing a mix of compatible uses either within well-designed structures or well-designed tracts of land should also be considered in this area, provided such action contributes to the quality, attractiveness and livability of the neighborhood. Evaluation: The request to rezone a portion of the 16.12 acre parcel currently zoned unconditional B-2 Community Business district to Conditional A-24 Apartment district for the purpose of developing 100 townhouse style dwellings is reasonable. As previously stated in the report, the proposed site will be 11.11 acres with a density of 10.77 units to the acres. Property to the east of the site, across Centerville Turnpike, was rezoned in December 2006 and modified in January 2008 to allow the development of a mixed-use project with a density of 17 units to the acre. The density of the Magnolia Run apartments to the east of the subject site is 12 units to the acre. Thus, the proposed density is in keeping with the surrounding uses. The proposed site design provides for adequate traffic circulation, sufficient parking, and open space areas. The proposed building designs are in keeping with the surrounding uses and the exterior finish materials are of high quality. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24,2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director. 1250 CENTERVILLE, L.L.C. / Change of Zo.ing Agenda Item 10 Page 4 PROFFER 2: The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The landscaping shown on the plan for the residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director. PROFFER 3: An exhibit entitled, "The Woods at Centerville", prepared by Martin and Martin Architecture, Inc. is proffered as part of the Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The buildings on the residential portion of the Property shall be developed in general conformance with the exhibit, in arrangement, material shown, and material specified on the exhibit. Modifications to the buildings are permitted as approved by the Planning Director. PROFFER 4: The Property to be rezoned to Conditional A-24 - Apartment District shall be developed into no more than 100 units. PROFFER 5: [NOTE: The following struck-through text was removed after the Planning Commission hearing]. Nono of tho rosidential dwelling units depicted on the Concopt Plan shall be reserved or set asido for loose or salo only to tenants or purchasers with incomes below tho Aroa Median Income for the Virginia Boach Norfolk Ne'Nport Ne.....s, Virginia Metropolitan Statistical Area (MSA) published by the U.S. Dopartment of Housing and Urban Devolopment (HUD). Nono of tho units 'Nill be rented to tonants using "Project Based Section 8 Certificates" . [NOTE: The following underlined text was added after the Planning Commission' hearing to address a concern of the Planning Commission] The Grantor will mount security cameras within the developed commercial portion of the Property at locations to be coordinated with Planninq Commission staff members. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The design and building material of the proposed commercial buildings and townhomes are in keeping with surrounding properties. The City Attorney's Office has reviewed the proffer agreement dated August 20, 2008, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1250 CENTERVILLE, L.L.C. / Change of Zo"ing Agenda Ite0l1 0 Page 5 _ H:lVll8_ i : ~ L f8.4.~ 1 1 V ll(]O()M 3-l1 f II :1' ..... t'f .IIlOlYl.\lMOlN"l!lld ,i :111 .. I . ' ~ :.: f ~._-_... ., r~ 12 ,~ I' I I ~I- . .. !f -j II '~ r ,!Il_ W" ~ JIM r- i 1 ~j " \ [-- i=, PROPOSED SITE PLAN 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda IteJJ;11 0 Page 6 i I .,--~ !Q-~ ~~ N31\VH\IN,I" J.V IlClI::lOM !'J4J.. .... ~ VIlOi J.ftlid.iJBn'~ I"'" ~ g ~ ; I il, ~ ~ ~ ~ i ' ~~' f i I f~ t 111111 , . ' I f 1 · .""'..........., ",-. F { I . ! PROPOSED ~~TE Pl-AN 1250 CENTERVILLE, L.L.C./ Change of Zo,ing Agenda Ite~ 10 Page 7 ~ I l~f ., ~ '( 4 o " t tl " l$ <l; .. 't ~ U ..,. .,' ... .... " ~ 1, d,. ,-' ;*- -, AERIAL PERSPECTIVE OF SITE 1250 CENTERVILLE, L.L.C. / Change of Zoting Agenda IterAtO Rage 8 I I FRONT ELEVATION 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Item 10 Page 9 BUILDING PERSPECTIVE 1250 CENTERVILLE, L.L.C. / Change of Zoning Agenda Itel11 0 PagEr 10 ;; r f. ; ,~_. :g LUi -1" ~ -1 '. - r:' >\ OC: LU~ i-.. } Z~ LU( ~ \)i I:- .( \S) Q () () ~ i, .' Wf I L [' .-- ,)', ~ d., I~ ~~ f~ 'a .> ~! ~< fj f ~ ~ tt, j ~ ~ t REAR ELEVATION WITH DETAIL NOTES 1250 CENTERVILLE, L.L.C. / Change of ZO(iling Agenda Itertf 10 Page 11 MElP~~~ fo-l~cale 1250 Centerville, L.L.C. f--" ~U'^'-~] ,,\' J6 ~_\ ~_~ ~ o~~J.~ ~~ ~ ~~ .Mi~ ~. ~ \ 3/)t ~ DJ.- ~~ '/ ~ ~\ C:.l ',. fJ rw ~ ..~ -(\ ~ \. ~ ~I v~ ~..,-, "" l:J ~ ~ ~:l: .... l1i.0 .... 'l'Ql~ n. '\ -' ~ ~~ e::;::::-' ,~~ ~^ ~~' "<>~ t::;).\, ~ . ~;;~~ ~ . ~ ~(" , ~~ ~o~ ~---/I, ~ ~~.'-i."~ r .' ;:;\O~ ~U ~ ~\r · 8-2 ~~ -........, . ~\ ~ .. ~ ..." ~ \~. . 0.: l? 0) d ,CILt::) R-5O .. 't; ~ l~ OJ:;;i*I'l.\. \J (I). ;:l ~~\ \....:: .. t:l ~~ ~ \ . ~,G ...-. v CI JI? ~ ~ <> _"--'- ~ . ~.... . ~~ \ ~~~ ~~~ ~ ~O~- m",1'G 1 (. ~ .....-J.-a.j.P'" r r J:j'\abi;,;S::;~ ~1- .....- ~~r~~ 'V"&ft .:r)\\ l0 ~~'a'n-O~~ ~ D~ ~~ ~ ~ ~~ ROI\;:!l ~ ~:itl.~ g~1< ~\ ~ ~ ~\9A \ ~~\\ ~~~~\Wn 1:'~~;O~ ~\\t;: Cunditiunal Zuning Change from 8-2 to A-24 1. 11/10/75 1/25/94 2. 5/22/01 12/12/06 2/12/08 3. 1/12/99 4. 8/13/02 Rezoning (R-6 Residential to B-2 Business) Conditional Use Permit Drivin Ran e and Mini-Golf Conditional Use Permit (Automotive Service Station) Conditional Rezoning (B-2 Business to B-4 Mixed Use) Modification of Proffers Conditional Use Permit Borrow Pit Conditional Use Permit Da care Approved Ap roved Withdrawn Approved A roved A roved Approved ZONING HISTORY 1250 CENTERVILLE, L.L.C. / Change of Zarling Agenda Itenl1 0 pagEj" 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unmcorporated organization, complete the following: 1. List the applicant name followed by the names of at! officers members trustees partners, etc. below: (Attach list if necessary) /~ )250 Centerville. LLC " Lillel Farms Inc., Allan Gibbs, Jeffrey Hebenstreit, Douglas Kahle 2 List all businesses that have a parent-subsidiary1 or affiliated business entitY' relationship with the applicant: (Attach list if necessary) None o Check here if the applicant is NOT a corporation, partnership, firm. business, or other umncorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. lfthe 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) ,f/' LijJelFarms, Inc. L/r{ose Anne Coker. Anne D. Wood, Sara W. Hewett, W. Vincent Wood 2. List all businesses that have a parent-subsidiary 1 or affiliated busmess entitl relationship with the applicant: (Attach list if necessary) None o Check here if the property owner is NOT a corporation. partnership, firm, business. or other unincorporated organization. 1 8. 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0_ No JZ] If yes, what is the name of the official or emp~oyee and the nature of their interest? ConcllJOnal Rezolln9 Apphcat>cn Page 1t of 12 Rev'sed 1'1 '1!;\120[lf, z o I I ~ U I I .....:I ~ ea ~ z I I Z o N ga ~ o I I E-t I . ~ Z o u DISCLOSURE STATEMENT 1250 CENTERVILLE, L.L.C. / Change of ZOAing Agenda Itel'Q.. 10 Page 13 z C> I I ~ ADDITIONAL DISCLOSURES < List all known contractors or businesses that have or will provide services with respect r " to the requested property use, including but not limited to the providers of architectural ~ services, real estate services, financial services, accountlng services, and legal I I ~rvices: (Attach list if necessary) _ , William E Wood Realty, Real Estate Sales ~.~. .' Improvement Assoc1ates, Inc., Land SurveYing, Engineering, Design, Construction ........ ..lI.1artin & Martin Architecture, Architectural Design ~ I /6rion Associates, Inc., Construction -< ..A'ende' & Cowa,', Attomeys at Law <;.:) Z I I Z C> N ga ~ C> I I E--t I I c::::a, Z C> u DISCLOS ~ "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 ~ "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 entitles. 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 entitres; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwIse share activities resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va Code S 2.2-3101. CERTIFICATION: I certIfy that the information contamed herem IS true and accurate. I understand that, upon receipt of notification \postcard) that the appHcation tlas 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 heanng accordmg to the JnstructJons Irl ihls 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 evaluatmg thiS application Print Name Conct'llcMlli Rezoning Applicahon Page 12 of 12 RevISed 7!3,'2oo-' DISCLOSURE STATEMENT 1250 CENTERVILLE, L.L.C. I Change of Zoning Agenda Itel11 0 Page 14 1250 CENTERVILLE, L.L.C. Agenda Item 11 September 10,2008 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for fuel sales in conjunction with a convenience store ADDRESS I DESCRIPTION: A portion of the property located at 2120 Centerville Turnpike GPIN: 14640816830000 COUNCIL ELECTION DISTRICT: CENTERVILLE SITE SIZE: 5.01 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for fuel sales in conjunction with a convenience store. The applicant also proposes a drug store and several restaurants on the site. The 5.01 acre site is a portion of a 16.12 acre site currently zoned unconditional B-2 Community Business district. The applicant has also applied for a rezoning on the 11.11 acre balance of the site to develop 100 townhome style condominiums. Combined, the proposals provide for an integrated development of the sites, which will share access and similar design elements in regard to building materials and design. The submitted site plan depicts a 5,000 square foot retail space (convenience store) and a gas pump canopy with six (6) fueling stations underneath. An additional retail building of 14,500 square feet and two restaurants totaling 8,400 square feet are also depicted on the plan. One hundred ninety-one parking spaces and associated landscaping are also depicted on the plan. The submitted elevations for the convenience store and canopy depict a brick building with a block water table around the bottom of the building and a block accent strip around the building above the doors. The proposed building has a double front, one facing into the proposed condominium project and one facing Centerville Turnpike. The proposed gas pumps canopy is supported by brick columns matching the design of the convenience store. 1250 CENTERVILLE, Lt..C. Agenda Item 11 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: A portion of the site has been used for a golf driving range; the balance of the site is undeveloped. SURROUNDING LAND North: . USE AND ZONING: South: . . East: . West: . . Single-family dwellings I R-7.5 Residential Lynnhaven Parkway Across Lynnhaven Parkway are single-family dwellings I R-7.5 Residential Multi-family dwellings I A-12 Apartment Centerville Turnpike Across Centerville Turnpike, the site has been proffered as a proposed mixed-use project I B-4 Mixed Use NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is grass field. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Centerville Turnpike adjacent to this application is a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four-lane divided facility with bikeway within a 145 foot right-of- way. There is a Capital Improvement Program (CIP) project slated for this area. Centerville Turnpike- Phase II (CIP 2-851) is for construction of a four-lane divided highway with bikeway and scenic buffer from Kempsville Road to the Chesapeake city limits. This project is currently on the "Requested but not Funded" CIP listing. Lynnhaven Parkway adjacent to this application is a four-lane divided major suburban arterial. The Master Transportation Plan proposes a four-lane divided facility with bikeway within a 110 foot right-of- way. There is a Capital Improvement Program (CIP) project slated for this area. Lynnhaven Parkway- Phase XI (CIP 2-167) is for the reconstruction of the existing roadway to provide an ultimate four-lane divided highway with bikeway from Indian River Road to Centerville Turnpike. Due to VDOT funding issues, this project has slipped out of the current VDOT six-year plan for construction. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 18,379 ADT 1 15,000 ADT Existing Land Use :l - 0 Turnpike ADT Proposed Land Use 3 - Lynnhaven No counts 34,900 ADT 1,953 ADT Parkway available ADT1 1250 CENTERVILLE, L.l.C. Agenda Itell'l11 Page 2 1 Average Daily Trips 2 as defined by abandoned golf driving range 3 as defined by 12-pump gas station with cony. store WATER: This site is currently connected to City water. The existing 5/8-inch meter (City ID# 55525885) may be upgraded to accommodate the project. There are existing 16-inch City water lines along both Lynnhaven Parkway and Centerville Turnpike. SEWER: This site is currently connected to City sanitary sewer. The applicant must provide an analysis of Pump Station #471 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an existing 16-inch City force main in Lynnhaven Parkway and a 20-inch City force main in Centerville Turnpike. There is an existing 10-inch City gravity sanitary sewer stub at the southeastern corner of the property which connects to the existing 1 O-inch gravity sanitary sewer main along Lynnhaven Parkway. SCHOOLS: School populations are not affected by the request. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan identifies this area a Primary Residential Area. The overriding objective of the Plan's policies for the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the area. In general terms, this means that the established type, size and relationship of land uses, both residential and non-residential, in and around neighborhood areas should serve as the guide when considering future development proposals. Developing a mix of compatible uses either within well-designed structures or well-designed tracts of land should also be considered in this area, provided such action contributes to the quality, attractiveness and livability of the neighborhood. Evaluation: Staff finds the request for fuel pumps in conjunction with a convenience store acceptable subject to the conditions listed below. Across Centerville Turnpike, a proposed mixed-use development has commercial uses at the intersection of Centerville Turnpike and Lynnhaven Parkway. That development combined with the proposal for the subject site provides a core at the intersection of commercial retail and services oriented to the adjacent neighborhoods. The applicant has taken care to design the proposed use so that it is complementary to surrounding uses. Thus, Staff concludes that the request conforms to the Comprehensive Plan recommendations for the area, and therefore, recommends approval with the conditions below. CONDITIONS 1. The site shall be substantially developed as depicted on the submitted "Preliminary Layout of the 1250 CENTERVILLE, L.l.C. Agenda Iterr] 11 Page 3 Woods at Lynnhaven" prepared by SAI Site Improvements and dated July 24, 2008. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Adjustments to vehicular site entrances and turn lanes may be made in conjunction with Public Works / Traffic Engineering comments. 2. The proposed retail store (convenience store) and gasoline pumps canopy shall be constructed substantially in accordance with the submitted elevations entitled "The Woods at Centerville, Site Improvements, Inc. and Martin and Martin Architecture, Inc.", except there shall be no chimney element on the convenience store. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The dumpster areas shall be enclosed with a solid brick and or block wall to match the building and landscaping, in accordance with Section 245(e) of the zoning ordinance. 4. Category IV landscaping shall be provided along the property line between the commercial portion of the site and the condominium portion of the site. 5. A Photometric Lighting Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 6. Lighting on the canopy shall be recessed and shall not spillover to other properties. Lighting for the canopy shall be included on the required photometric plan and shall include provisions for low-level lighting for non-business hours. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signageon the canopy shall not be internally or externally illuminated 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance. Additionally, pedestrian walkways shall be provided from the convenience store to the condominium development to be constructed to the east of the site. The walkways shall be of a different material than that of the parking lot and drive aisle areas. 8. No outdoor vending machines and / or display of merchandise shall be allowed. 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. 1250 CENTERVILLE, LLC. Agenda Item 11 Page 4 I I '''~:~;-'''' ' , w"' I~ ~ ~ 't'NlIM 1QlIiliI 't'NlIM Ij Ii ~I' J i . JJj ,,f. ra\~l iV 1lCIOOM:Iotl ...'" .1/lOAYl AIMln'Bld , I n-1 il~i l ti I' i -J;!}- I... t J d!i--- ,I ~t =i if ~I I! ~I I ,,- ~i " j " ~ ~ PROPOSED~ITE PLAN 1250 CENTERVILLE, Lt..C. Agenda Item 11 Page 5 'T~:e: ~:;CDS AT ':ENTER/ ;.,->>,.[ PROPOSED SITE and ELEVATIO.N PLANS 1250 CENTERVILLE, Ll.C. Agenda Item 11 Page 6 I I : I Map~~~ fo-1lcale 1250 Centerville, L.L.C. .J.?( ~~ ~]' ,,~~ \ C>f~R~0~~I" ~~~~' I..U ~~~ ) \:] .It ~~ . (J~ ~~J'~ ,r ,,~~ ~., a \. ~~b l ~ R<)C Y "'71:::)\ 11'-'1\. ~ ~__ ~ 1\ !':IW.I .\) "l ~QI..~ n J ~ 1~ ~~ ~ r, ~ ~~ ~ O^~. ~ '_~~~/ ~ :J~ '< ~~ ~~~,ti,;" _ ~of!!~~ VI \\ j. 8-2 ~~ Pc:::::? . 4 \ ~\"_ ~ "0., I:? 0) T 6 1I:: ~ R-SO ....-:: ~ ~~:- ~ -10~. 0 \ (I).: Ii) .:t~~ l\' ~~~M' ~t:J~~;.-~.\ ___ ~ ~~ ......~ ~olo'>!'; ~ (> ~ 1-of(. ~ ~ ~,\ ....,....- ~~. \~ ~ ~p , <:) eJ ~ ~ . . ~"J.O .\ ~ ~ ~~ ~~.~ -~< ,\~ ~~'WU"( e. 0 ~.~-\'~ ~ l....("~ r{~ ,\ ~~.,p v;-- <> ~~ ~ ~ ~ R-S Q \ ~ H~ ~ ~ _'\'! ~ . ~~~ ~ ~ ~~, \'j \\ ~~~':lr .~"... 0) ~~ j ~ cur for Convenience Slol'e witl) Fuel Pumps 1. 11/10/75 1/25/94 2. 5/22/01 12/12/06 2/12/08 3. 1/12/99 4. 8/13/02 Rezoning (R-6 Residential to B-2 Business) Conditional Use Permit Orivin Ran e and Mini-Golf Conditional Use Permit (Automotive Service Station) Conditional Rezoning (B-2 Business to B-4 Mixed Use) Modification of Proffers Conditional Use Permit Borrow Pit Conditional Use Permit Oa care Approved Ap roved Withdrawn Approved A roved A roved A proved ZONING HISTORY 1250 CENTERVILLE, Ll.C. Agenda Item 11 Page 7 LOSURE 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 al1 officers rnembers trustees partners, etc. below: (Attach list if necessary) 1250 CenterviUe, LLC LilIel Farms. Inc., Allan Gibbs. Jeffrey Hebenstreit. Douglas Kahle 2. List all businesses that have a parent-subsidiary' or affiliated business entiti relationship with the applicant: (Attach list if necessary) None. o Check here if the applicant is NOT a corporation, partnership firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following' 1. List the property owner name followed by the names of all officers, members trustees, partners, etc. below: (Attach list if necessary) Lille! Farms, lnc, Rose Ann Coker, Anne D. Wood. Sara W. Hewett, W. Vincent Wood 2, List all businesses that have a parent-subsidiary: or affiliated business entitY relationshIp with the applicant: (Attach list if necessary) None. o Check here if the property owner is NOT a corporation partnersr>lp, firm business, or other unincorporated organization. ,..--,,-.- & .c See next page for footnotes Does an official or employee of the City of Virginia Beach have an mterest in the subject land? Yes ~_ No ~ !f yes, what is the name of the offiCial or employee and the nature of their Interest? :O^lc:;t~onai J$~ Pe-rmlt A.pp~~tmr, Page S of 10 Rev'sed r :\/200" z o 1'1 ~ U I I I , ~ ~ F-t ~ g: ~ CI':) ;::J ~ I~ , '--' I I 'F-t I I Q Z o u DISCLOSURE STATEMENT 1250 CENTERVILLE, L.l.C. Agenda Iterm 11 Page 8 z o I I !< u I I ......:I ~ ~ E--4 ~ ~ ~ ~ t:::J ~ o I I E--4 I I Q Z o u I I DISCL ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wi!! provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) \Milliam E Wood Re~ Real e$lale Sales Site Improvement Associates Inc. Land SurveYing. Engineering, De::\lgn. ConslructJon Martin & Martin Architecture, Architectural DeSign Onon Associates, Ine. ConstructJon Pender & Coward, Attorneys at Law "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or mdirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act Va Code S 2.2-3101. ;, ;;Affiliated business entity relationship' means "a relationship. other than parent- subsidiary relationshIp, that eXists when (I) one busmess 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 otheJWlse share acttvities resources or personnel on a regular basis or there IS otheJWise 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 contamed hereIn IS true and accurate I understand that, upon receipt of notification (postcard j that the applicatIon has been scheduled for pubhc hearing I am responSible for obtaining and postmg the reqUired sIgn on the subject property at least 30 days pnor to the scheduled pUblic heanng accurdlng to the Instructions in th,s package The underSigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and W!iW the site for purposes of processing and evaluatmg thiS application /1 l;l ,I /if ~. ~< ',,' "~ ",,..~--~,,,~. , . )Canfs SIgnature ) /' I ) L",~t. P!Rpe~, ,~ner 'itltU Name Coc;:Honal Use Permft ApplICation Page 1() 0140 Rev'$e<l7i3iZOO7 DISCLOSURE STATEMENT 1250 CENTERVILLE, LI-.C. Agenda I tell , 11 Page 9 Item #10 & 11 1250 Centerville Turnpike, L.L.C. Change of Zoning District Classification Conditional Use Permit 2120 Centerville Turnpike District 1 Centerville September 10, 2008 REGULAR Donald Horsley: Now we go to agenda items 10 & 11. It is an application of 1250 Centerville, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District on property located at 2120 Centerville Turnpike, District 1 Centerville, and for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 2120 Centerville Turnpike, District 1 Centerville. Janice Anderson: And you thought that would take one minute. Donald Horsley: We did too. Douglas Kahle: My name is Douglas Kahle representing the applicant. Madam Chairperson, members of the Planning Commission, a few minutes of your time. I want to address just maybe four or five points about this project. Hopefully you agree that this is a really a project that you really should embrace. Why? Pirst of all, it is consistent and is compatible with the Comprehensive Plan, which calls for this to be a primarily residential district. We want to take the 16 acres we have, leave a third of it in its' current zoning B-2 Commercial zoning, and take about two-thirds of it and change it over to Conditional A-24 to build 100 town homes in this area. So, we think first it is compatible with the overall Comprehensive Plan. We've been responsive to the civic league. We had a meeting back in July with the Charlestown area civic league. It was a very nice cordial meeting. We talked about their concerns. We shared their concerns. They wanted to have assurances that we wouldn't do any kind oflow income housing in this area. We certainly gave them our assurances, and that is now referenced in the proffers. They are concerned about there being bars opened. We also agreed to and have incorporated that thought in to our game plan to the extent that one of the commercial structures will be used as a restaurant. It is going to be a restaurant not a bar. So we did listen to what they told us were their concerns. One thing that they expressed concerned traffic. Well, we talked about, and talked about and we had a traffic study done, and I appreciate this as a driving range. You have all been out there. It is a golf course driving range, and I know you all want to leave it that way, but short of that, the current zoning, the traffic impact would result in something over 10,000 cars per day if we developed it all B-2. The proposed plan really cuts it just about down in half. So, if you want to look at the glass half full or half empty, we're basically reducing the potential traffic impact to half or otherwise it could be based on the current zoning. Another point. It fits. It's a project that fits within the neighborhood. The 100 town home we want to build there, I I Item #10 & 11 1250 Centerville Turnpike, L.L.C. Page 2 we have not maxed out the density as you other can see within the A-24. We're talking about 100 town homes. We've got some "pocket parks" within the project. We have some open spaces in there. It is not going to be a dense townhouse project. It is going to be compatible with the surrounding area. The same folks that are involved in this project have an interest in Woodbridge. It is going to be compatible with the greater neighborhood as far as quality, and the type of folks that live there. It will be two car garages, three or four bedroom town homes. There is a lot of brick on the outside, hopefully in the price range of $250,000 or $300,000, which is value housing in a good part ofthe city. Lastly, there is a comment observation. Can we go to the slide that shows one of the renderings, scroll though? Pause right there. This is a neat feature. I'll give credit to where credit is due, which is Faith Christie. This structure here is the back of the proposed convenience store, which is proposed for this area right here. This is Centerville Turnpike here. It would be in this are here and during the previous discussions with the staff, we listened to the staff. And they observed that we're going to have residential back here. Here is that little pocket park that I talked about. And, we have residential here, and we're going to have commercial up here, but we need to be sensitive to what is going on. And what that led to is her suggestion, which we embraced. This is the back ofthe convenience store, which certainly doesn't look like the back of what you are used to seeing historically. You can look around and see the back of the 7-Eleven. Pick one ofthem. Hopefully, with the ugly structures and all, it looks like the front. We are able to do that because since we are building the town homes, we're concerned about it being an overall integrated project to where these folks are looking at a nice area. And where there is commercial is it gets stuck on there. It's built sensitive to what's happening. So, we listened to the civil league. We do what we can do and control the commercial. We appreciate the further suggestion about the designing of the commercial. We also talked about that meeting with the civic league. It was a great meeting. They didn't like the traffic, but actually something in that meeting, something came out of it which we weren't expecting. They were talking about the commercial and the positive usages, and we got talked about the area down there. We're saying, hopefully, probably a drug store, a convenience store. Maybe a family type restaurant. How about one of those doc-in- boxes? How about one of the emergency care facilities? And we are all over that now, because they were saying that is what is lacking in this whole community; in that area is an emergency medical facility, and so the point is we appreciate that from them because if it makes sense for the area, it makes sense for us. So, those are my comments. If you have any questions that get into the engineering aspects, Mark Ricketts from Site Improvements Associates is here to answer questions and Paul Martin is the architect if you have any questions on that. Otherwise, I'll answer any questions. Janice Anderson: Thank you. Are there any questions for Mr. Kahle? Not at this time sir. Douglas Kahle: Thank you. Donald Horsley: Our first speaker is John Bulger. John Bulger: Madam Chair and members of the Commission, my name is John Bulger. I live at 944 Hodges Place in Virginia Beach. Actually, I kind of got this a little mixed up. I'm in Item # 10 & 11 1250 Centerville Turnpike, L.L.C. Page 3 favor for the town homes and apartments. My reservations are basically the ingress/egress to these apartments. The site plan calls for an entrance on Lynnhaven Parkway on the north side in the westbound lane. And, your inspectors do note there is an issue about not having a right-of-way there. Just recently, Lynnhaven Parkway was redone very nicely. To the east it is not connected. I'm sure you are all aware of that. To the west it is connected to the city of Chesapeake. I don't see anyway that ifhe does not have a right of access to put an entrance lane here, which would cause a slight problem with getting into this complex. Otherwise, I do agree. This is what we need to be going towards is keeping this area of Kempsville residential. I can reserve my comments for the next section, which is under the agenda, which is the commercial part, which I do object to. Janice Anderson: If you could go ahead. They are going to be heard together. John Bulger: okay. Thank you. My objections to the second part of the commercial thing is you all recall over the years, our neighborhoods, which would include Alexandria, Charles Landing South, Brigadoon, and then recently Woodbridge Point have all objected to commercialism in this area. Do we need it? No. We do not need anymore commercialism. If we were to draw a one mile radius around here, we have six gas stations all with convenience stores. We have two shopping centers, all with other various store fronts, and all those store fronts don't have 100 percent occupancy. They are always having open store fronts and lots of turnover. Restaurants, within that one mile radius, we have six restaurants. If we increase this out to two miles, we are talking eleven gas stations and we're talking Kemps River Shopping Center, which again has even more retail space. And again, not every storefront is full. We also have three day cares, not including all the private home daycares. So, this area of Kempsville, I bought my home, and residents I'm sure, bought their homes because ofthe lack of commercialism. We don't need it. Safety is also another concern. What this site plan doesn't show on the pictures is that Centerville Elementary is definitely within less than 1000 feet and probably less than 500 feet of a gas station. Gas stations are dangerous. Not only with a traffic issue, but with pedestrians walking. We have .fire hazards of gas stations. We also have the issue of having these other retail businesses that would possibly attract robberies and places for gang activities to occur. And, my family is opposed to having any type of commercial endeavors this close, in and around our neighborhoods. We feel that the contractor and developer is on the right course with the town homes and apartments, but on the wrong course with commercialism. This is a neighborhood. This is a community. We have the services around us and not only in Virginia Beach because we are connected and right on the Chesapeake line, we have all the services we need. We do not need any additional retail spaces or gas stations, and we don't want to incur any possible safety hazards. Janice Anderson: Thank you. Are there any questions for Mr. Bulger? Barry Knight: Mr. Bulger, I think and maybe Mr. Whitney can back me up on this, I hear you talking about the gas station. But I think that is the only thing that is on the table. I believe it has been zoned for many, many, many years for businesses, and so the only thing that we're discussing is the gas station. i I Item # 10 & 11 1250 Centerville Turnpike, L.L.C. Page 4 John Bulger: Correct. I just wanted to make sure. It seems the gas station is a focal point because it contains not only a gas station storage tanks but a convenience store. I am also pointing out that we have that. It's there. Janice Anderson: Okay. Thank you sir. John Bulger: Thank you. Janice Anderson: Don't go anywhere. AI? Al Henley: Maybe I misunderstood you. Did you state that on Lynnhaven Parkway there was no right-of-way, because you mentioned the ingress/egress easement? John Bulger: Yes, on the westbound lane. Al Henley: Centerville or Lynnhaven Parkway? John Bulger: Lynnhaven. I didn't even approach the Centerville issue because of time but on Lynnhaven, where this site plan is pointing to, it is two lanes. I don't know the exact measurements, but the lanes look to be about 14 foot each. So, we're about 28 feet from curb to curb. And, the sidewalk is right there at the entrance.. There is maybe a 6 or 7 foot island in there. Unless the developer has the right-of-way to make storage lane into this development, they are going to have just a plain old apron with nowhere for cars to slow down, make an entrance andlor leave this apartment complex or town house complex. In the . future, which is Planning Department's task, when this section of Lynnhaven is connected with the other section of Lynnhaven is going to cause a huge traffic issue because now we're going to be connected, or I should say that Chesapeake will be connected with Virginia Beach, a direct beeline between two malls, Greenbrier Mall and Lynnhaven Mall. And, at least for the westbound lane, this is going to cause a problem. Al Henley: Okay. I understand that. I misunderstood you earlier. That is a dedicated 110 foot right-of-way if! remember correctly. It has been that way for a number of years but what you're saying is that regardless of the two lanes, the possibility of the insufficient turn lanes is what you're concerned with. John Bulger: Correct. From what I could review of the site plan, that's the main entrance into that facility. Al Henley: Okay. Thank you. John Bulger: Thank you. Janice Anderson: Thank you sir. Donald Horsley: Lester Wahrenburg. Item #10 & 11 1250 Centerville Turnpike, L.L.c. Page 5 Lester Wahrenburg: Good afternoon. Janice Anderson: Good afternoon. Lester Wahrenburg: My name is Lester Wahrenburg and I live right in back of what is proposed. I am not against the apartments or townhouses. There are some there. They did do a good job on both sides there. But I'm vividly opposed to anymore commercialization on the property there for a couple of reasons. As previously stated from the gentlemen before me, we have a number of gas stations. We've owned property there ever since that development was built for residential. As a matter of fact, Woods Comer Shopping Center where the Farm Fresh is, that wasn't even there. That was supposed to be our park, which later on William E. Wood developed that into commercial property. Also on that particular spot, there have been three murders over there. There are gang related incidents. The shopping center people in that particular shopping center, the managers of the store were complaining at our civic league that there are gangs up there. My wife and I we don't even go up to that shopping center after dark because there are people, teenagers that are 5 and 6 abreast that take the whole sidewalk up. We actually see them go into the stores and remove stuff from the stores. The store managers are afraid to say something. So, that is why I'm opposed to anymore commercialization there. There are a number of shopping centers in that area that are still vacant, so why are we building more? Why are we building more? And this gas station, from what I understand has 12 pumps. We don't need 12 pumps there because of all the other gas stations. Down further on Volvo Parkway heading into Chesapeake, there were five gas stations, two of which have gone out of business. Now, I don't know ifthey are back in business or not. But they have gone out of business because I talked to the business who operated the stores, and they say there just isn't enough business from residents. Also, on Centerville Turnpike heading north, there is a light at Volvo and there is a light coming out of the other side of the road there. It is just two lanes. In the mornings and afternoons, it is really hectic because I live there. To get in and out ofthat section because we don't have a stop light that goes into private development there. I'm just asking the Commission, why are do we need to build more and more gas stations. More and more strip malls when they are not being filled. They cause crime. And again, just like my predecessor talked that there is a school right there. Thank you very much for hearing me. I appreciate it. Janice Anderson: Thank you Mr. Wahrenburg. Donald Horsley: Kevin Marcondes. Janice Anderson: How close did he get? Kevin Marcondes: He got it exactly right. Congratulations. My name is Kevin Marcondes. I'm here in two capacities, one to represent the Centerville Elementary PT A and the other as a local resident of Woodbridge Point. The previous two speakers kind of took basically everything that we had to say and ran with it. Obviously, from the PTA perspective we're concerned with the safety and well being of the children after school. And we feel that any Item #10 & 11 1250 Centerville Turnpike, L.L.c. Page 6 commercial on that spot is a concern because of the safety of the kids. Obviously, we understand that it zoned as B-2 and we don't have that much control over it, but we do have it over this Conditional Use Permit, and we will request that the Commission consider that in putting a gas station on that piece of property is not something that we consider a good idea. The second thing and I will go briefly why. Again, we have six within a mile radius. We don't need another one. We have them extended out 2 or 3 miles and you get eight or more. There is no reason to have the other one there. As a resident, again we do not need to have a gas station on this property. There is plenty of that around there. The crowd is a concern. Obviously the traffic would be a concern. Where as I'm looking through this here and I'm looking at the volume ofCenterville Turnpike, I'm concerned of the viability of the gas station at this location. The plans are not there to expand the roadway so I'm not sure that gas station would be able to sustain the volume of business to support its operation, which would lead me to believe that we would end up with a vacant lot, which is even more of an issue. The other thing that I would ask you to consider, and I don't know as far as regulations go but there is a high tension wire running along this area here. I don't know whether that is an issue having adding a fuel station that close to high tension wires. But again, I would offer that up as something to consider from a safety standpoint. I think that is about it. I think everything else has been covered already. Janice Anderson: Thank you very much. Donald Horsley: That is all the speakers. Janice Anderson: Mr. Kahle? Do you want to come back? Is Ric Lowman here? Oh, there he is. Mr. Kahle? We will call Ric Lowman to address on some issues first and some questions we might have and then bring you back up. Ric Lowman: Ric Lowman, City of Virginia Beach Traffic Engineering. Janice Anderson: Ric, some of the speakers have brought up at least two issues I would like for you to address. There might be some others that the Commissioners might want to address also. One is the issue of access and egress on Lynnhaven Parkway. Ric Lowman: Okay. Janice Anderson: And the second one is if you could address this traffic that is generated by gas station. Ric Lowman: Okay. The first question and I had to go back to make sure that we were looking at the right area. I believe we're talking about this entrance right here. That was the question. Janice Anderson: Yes. Item #10 & 11 1250 Centerville Turnpike, L.L.c. Page 7 Ric Lowman: Lynnhaven Parkway is four lane divided roadway. Ii does end but the City and the State have plans to connect that in the future. The other question into Kempsville. The other side of Lynnhaven Parkway, I guess it currently ends at both ends. But the issue at hand here is whether it being turn lanes for this entrance, there would be an opportunity here to put in a full left turn lane, what to take or if the city accelerate into the left turn turning into the site. Even though it is not really going to come into play to much now, because again it dead ends, is that they will be able to add a right turn lane. There was a question, and it was put into our comments that they would be able to do it but I have talked to the engineer and the traffic engineer has to let you that they can get the property to build a right turn lane coming here as well. So, there will be left and right turn lanes going into there. This would be a full access. The reason why it is allowed because of the distance between here and the intersection is such we can allow that type of access. It's a safe distance. Janice Anderson: Okay Ric Lowman: Left and right turn lanes. Janice Anderson: Are there any questions for Ric on that issue? Okay. Ric Lowman: I guess you had questions about the gas station? Janice Anderson: The gas station. Because I guess they worried about the gas station, the additional traffic that development will bring. Ric Lowman: Okay. I took a look at that and tried to isolate that because again the report we did was for the entire development. Even further, the report that we took a look at was coordinated between not only this development but the development across the street, the Cascades Development, or the proposed development across the street. So, what we took a look at was the site in general. If you break out the gas station, I mean just the gas station with the convenience store that would generate total trips. And again, these are not new trips but total trips is about 2000 trips a day, about 160 trips and that is coming and going in the afternoon peak hour. And what the report goes on to say is that if you take a look at how many ofthese are new trips, I mean typically gas stations you don't drive to a gas station and then drive back home. You make it part of your trip. I mean it is a convenience. That is why it is a convenience store. But you now generate about half the traffic or half the traffic is not new traffic. It is traffic that is on the streets anyway. So, total new trips would be in the range of about 1000 a day. So, the break out of the total traffic for both sides, this development right here is about 6000. So, it is about 1/6 of that development is the gas station. ~o, it does account for a good amount of the traffic generated by this type of development but new trips are about 1000. Janice Anderson: Okay Jay. Jay Bernas: So in your profession opinion, one of the citizens talked about the safety of having an elementary school close by to a gas station. Even though it is pass by trips, in your professional opinion do you see that as a safety issue? I I Item #10 & 11 1250 Centerville Turnpike, L.L.c. Page 8 Ric Lowman: I can't answer that as a traffic engineer. As a professional engineer, that is public safety and its other issues besides traffic engineer, so luckily for me on this one, I'm not going to answer it. Jay Bernas: Okay. Janice Anderson: Go ahead Joe. Joseph Strange; You say it is gong to generate an additional 1000 by itself, and ifit was any other B-2 in there, what would that change to? Let me rephrase the question. An additional 1000 over what it is already zoned for. Ric Lowman: No. That is why the one specific site. They can certainly come in with another B-2 use that could be even more intense than a gas station. I don't really think, I see where you're going Mr. Strange. I don't think the question is this gas station going to cause traffic problems. If you take a look at the report you will see that it is zoned for the entire amount. What they're cutting their trip generation in general by is incredible. I think you said half but just in that one piece that they are going from B-2 to the apartment that is cutting traffic on that one piece 10 fold. Joseph Strange: They could possibly put in something by right that would generate more traffic then the gas station. Ric Lowman: Yes. They would have to mitigate that traffic on site. We would certainly make a revised traffic study to show us that they are going to mitigate whatever traffic they produce because even if they do it by-right, they still have to come to see us. And they still have to get their permits. We are still going to hold their feet to the fire as far as what they're responsible for regarding impacts to the roadway, but we're comfortable that with the development that is shown with the specific uses that traffic is going to be mitigated with the improvements that they have shown. Joseph Strange: Okay. Janice Anderson: Any further questions? Thank you Ric. Ric Lowman: Thanks. Janice Anderson: Okay Mr. Kap.le. Douglas Kahle: I've learned something. I was wrong, so we are reducing the otherwise traffic impact by 10 fold and not just by half. I hate traffic. We all hate traffic, but in terms of what it otherwise could be, I stand corrected. It is one-tenth of what the neighbors could be faced with. But staying with traffic, and the concern and we don't want any more commercialization, we didn't want and we don't want 16 acres of commercial development. We don't think that makes sense. What we do think makes sense is the five acres that we Item # 10 & 11 1250 Centerville Turnpike, L.L.c. Page 9 propose, because what we have in mind, also understanding that these same folks are involved with this apartment complex, which is Magnolia Chase, involved with the project over here Magnolia Run, involved with the Cascades project here. They are involved with Woodbridge Point down here. And, it doesn't show right but I think the site plan does it is anticipated that there be pedestrian access. People can walk amongst these apartments and these town homes to this drug store, to this convenience store, if it is a restaurant or a emergency medical care facility. And we want throughout the project walkways that connect by design these 100 town homes to the apartment complex so it is all sort of one small neighborhood that has pedestrian access to these commercial services, and we understand that there is some number of shopping centers within 2 or 8 miles radius but as this aerial photograph shows if you went up higher and looked they are a distance away, and we don't want a shopping center. We want just to focus on in very small scale services that respond to these new apartments that are recently built and to be built town homes to their sort of localized needs. We think that makes sense. I hope you think that makes sense. It didn't come out clear, but again since my clients own this tract ofland here we have the ability to put in a storage lane and a turn lane into the project when the time comes. I think the staff knows that and we can accommodate that right turn lane off Lynnhaven when the time comes. So, hopefully I responded to the various questions raised. Janice Anderson: Are there questions for Mr. Kahle? Gene? Eugene Crabtree: You mentioned that you were going to make it pedestrian friendly. I haven't head the word bicycle friendly. We ask that all new developments in the city be both pedestrian and bicycle friendly. Douglas Kahle: You know that came up in that meeting. From the homes back here, but I guess you can have walkways also be bicycle ways. Eugene Crabtree: We are bicycle friendly. Douglas Kahle: Pardon me? Eugene Crabtree: If the walkways were bicycle friendly. Faith Christie: Excuse me. Could I interrupt for one second? Janice Anderson: Yes Faith. Faith Christie: Parks and Recreation Department requested that they install an eight foot bike path as a continuation of the bike paths that are exiting in that area, and they have agreed to do that. Douglas Kahle: Thanks for the help. Janice Anderson: Is that good Gene? I I Item # 10 & 11 1250 Centerville Turnpike, L.L.c. Page 10 Eugene Crabtree: Yes. Janice Anderson: Okay. AI? Al Henley: As you heard earlier, there was a couple of citizens that were concerned with the, I guess crime in the neighborhood. Fortunately down in Pungo, we kind of take care of it ourselves. Don't we? But seriously, in this, and I understand through the police department there have been reported gangs in the Kempsville area, and Kempsville is a pretty large area. But with that in order, would your clients be willing to install some video cameras at the rear ofthis complex or in areas that are suitable, and I'm not talking about the condos or the apartments, but I'm talking about the commercial section. And these videos would be accompanied by signage saying that the property is under surveillance. And we have found through the police department that does curtail some of the crime. And these individuals, undesirables who see those cameras, they are not as willing to go through some illegal operations or drug dealing or things of that nature because the area is well lit as well as video cameras. Do you think your clients would be willing to do that? Douglas Kahle: No question. We'll be happy to add that to the proffers if need be. And what is happening and to take this one step further, I have another client who is involved in that industry, and now what they have is not just for a person to go and be seen by the camera but communicate toward the recipient who might be viewing or monitoring the camera, and listen back when a person says yes were sending help right a way. It now becomes a two-way communication, which is available as we speak. It makes a lot of sense. Al Henley: I just think it says a lot for your clients in that area. If I lived in that neighborhood I would be concerned with that. I think: if a business entity that you're representing would be willing to do that, I think it says a lot for the people you're representing. Douglas Kahle: I think it is important for you to understand because of the nature of my clients and their invested interest, they have a tremendous invested interest in.surrounding properties because they own a lot of them. They don't want to do anything that is going to hurt their surrounding properties because they belong there and they own it. They want to enhance value. They are the developers in Woodbridge. I understand one of the folks is here from Woodbridge. But there is a lot of Woodbridge to be developed and we're not going to do anything on this property that in anyway hurts the remaining value and the remaining homes to be built and sold in Woodbridge. So, anything and everything that makes sense to do here we're going to do because we're concerned not just with blinders on with these 16 acres, but we're concerned about the impact to the adjacent apartment projects that we also own. Al Henley: Thank you very much. Douglas Kahle: Thank you. Item # 10 & 11 1250 Centerville Turnpike, L.L.C. Page 11 Janice Anderson: Are there any future questions? Thank you Mr. Kahle. Douglas Kahle: Thank you. Janice Anderson: I'll open it up for discussion. Joe? I'll just pick on you now. Joseph Strange: No. I was just waiting for the other comments. After studying the development and looking at the by-right that can be done there, and looking at the quality of the development, looking at the traffic impact study, surely I do realize that the neighborhood doesn't want anymore traffic. I don't want anymore traffic anywhere. He does have a by- right development there. And, the neighbors don't seem to be objecting to the high quality of the homes that are going to be developed, but it is primarily the traffic, and of course the safety issues that have to do with the service station. Overall, I think this is a good land use, and I'm going to be supporting it. Janice Anderson: Is there anybody else? Gene. Eugene Crabtree: AI, just a while ago was asking about security cameras and all. Do we need to add that as a proffer? Barry Knight: It would be a condition, wouldn't it? Joseph Strange: It would be a condition. Eugene Crabtree: It would seem to make more sense. Al Henley: I would like to add another condition that the video cameras be installed on the property along with adequate and proper signing indicating that for security purposes, a video camera is on the property. Janice Anderson: Video cameras and signage. And that would be proffer 6. And that is just for the commercial. Barry Knight: I believe it would condition 9 on agenda item 11. Janice Anderson: Am I on the wrong page? Yes, I am. Thank you. I'm on 10. Thank you Barry. Is there any further discussion? Don? Donald Horsley: This piece of property has been around f or along time. It was kind of sitting in limbo for a long time. I can remember years ago back in the 70s we used to farm this piece of property. So it goes back a long time. And I remember the piece of property across the street. Barry used to work for Brown. He used to farm that piece of property. These properties have kind of been in limbo for many years. And as time went on the piece of property that we're talking about today had a Use Permit for a driving range. The Barefoot family put it in. We knew that was going to be a temporary use, but over the years, II Item # 10 & 11 1250 Centerville Turnpike, L.L.C. Page 12 and after watching them, and I'm telling my age, but after watching that piece of property, I think the property owners have done a very good job in trying to minimize the effect on the community. And the gas station and the gas pumps really don't concern me. I think they really better fit this site then they do at the major intersection at Kempsville Road and Centerville Turnpike. I think that's more of a traffic congestion there. I think this will be just an in and out deal for passerby traffic. So, we don't have a major intersection. I'll support Joe when he makes a motion. I support it because I think this property has been waiting around for a long time to get developed. I think it is being developed in the right manner. Barry Knight: Ms. Anderson? Janice Anderson: Yes. Barry Knight: I would like to add a little correction of Mr. Horsley. I farmed the land in the 70s. Mr. Horsley farmed it in the 60s. Janice Anderson: I agree with both Joe and Don on this application. It sounds like the residents do not want the commercial. This has limited the commercial to a very small portion of it which abuts just Centerville Turnpike. The only question is the gas station. I don't think there is a safety issue really, and the only issue would be additional traffic, and I think Ric has explained that. Mainly the gas station picks up passing traffic. It is not going to generate traffic itself. So, if there is a convenience store there by-right, that is mainly the generator of traffic and not the gas station pumps itself. And, then the applicant has upgraded the residential development, which is a very good asset for this site. I will take a motion if anyone is ready. Joseph Strange: I make a motion that we approve items 10 & 11. Donald Horsley: Second. Janice Anderson: A motion by Joe Strange and a second by Don Horsley. And this is with the addition on agenda item 11, condition 9 the installation of video cameras and signage for the commercial. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE Item #10 & 11 1250 Centerville Turnpike, L.L.c. Page 13 REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of items 10 & 11 of 1250 Centerville, L.L.c. with a new condition 9 by adding the installation of video camera and signage. Janice Anderson: Thank you. Thank you all for coming down. Is there anything else to come before? The meeting is adjourned. ~ '-Te..rn5 \U-+-l\ Faith Christie From: Sent: To: Cc: Subject: cgeiger7@cox.net Wednesday, September 10, 20088:24 AM Faith Christie DKAHLE@PenderCoward.com; cdaniels@roseandwomble.com 1250 Centerville LLC :ear Ms. Christie, "lease present this to the Virginia Beach Planning Commission: (In July 21, 2008 Site Improvements, Inc., presented our Civic League the proposed plan for c~velopment of the project known as 1250 Centerville, LLC. The League's concerns about this project were addressed in a letter to the Planning Commission. 2ince that time, I have spoken with both you (Ms. Christie) and Mr. Kahle concerning this [roject. You explained to me that the Traffic Department has approved the project since there would be 50% fewer vehicles than a commercial property. As residents of this area, the League is still concerned that Centerville cannot handle the traffic flow, r~rticularly during rush hours. Has the Traffic Department studied this? Hr. Kahle addressed the issues of low income housing and nightclubs. Both of these concerns have been satisfactorily addressed. It is the League's understanding that this will be a residential area that does not allow low income housing or boisterous clubs and t~at this has been presented to the Commission in writing. Ole objection that the League still has to this project is the traffic flow. r:questing that the Traffic Department review their approval of this project. r3sidents In the area, we know the traffic flow is a problem. We are As T.le other objection the League has to this project cannot be addressed by Site TlI1provements but by the City. How can the City keep adding more housing but not adding .Dllre emergency services? Again, this has been pre-approved by the City. Is there a plan the City uses to estimate how many emergencies can be handled by the same number of pnrsonnel when you add arlcther 200-300 homes to the area? GIlT concerns have been met by Site Improvements but not by the City of Virginia Beach. Wi~ understand that these issues cannot be addressed once the City has approved. We F:spectfully request that the City notify the surrounding Civic organizations prior to ~~roval of any future projects. C',arlene Geiger, President Ct.arlestowne Area Civic League 5~28 Beaufain Boulevard Virginia Beach, VA 23464 479-2038 Ch~rlene Geiger 5328 Beaufain Boulevard Virginia Beach, VA 23464 413-2038 1 -----L-' U \ \....) I '-'" . · \ Charlestowne Area Civic League July 31, 2008 Virginia Beach Planning Commission 2405 Courthouse Drove, Room 115 Municipal Center, Building 2 Virginia Beach, VA 23456 Email: planadmn@vbgov.com To Whom It May Concern: On August 13,2008 the Planning Commission will consider the proposed development of the site located at the comer ofCenterville Turnpike and Lynnhaven Parkway. The Charlestowne Area Civic League would like to express our concerns regarding this project. At a presentation given by Site Improvement to our members on July 21,2008 it was stated that this commerciallresidentia1 development would contain 100 townhouses that would be sold at $300,000 plus. It was also stated that the commercial area would include a gas station/convenience store and a family restaurant. Our Civic League is concerned that these additional townhouses would overtax our current emergency services. These services are stretched with the existing homes they currently service. The Police Department and Emergency personnel are not adequately staffed to.provide service to an additional 100 homes. The current traffic flow is very heavy on Centerville Turnpike, especially at the corner of Centerville and Kempsville, which has been the scene of numerous traffic accidents. In addition, this property is located directly across from Centerville Elementary. We're concerned about crowding at the school, as well as the congestion at this intersection when the school buses are added to the morning traffic mix. The gas station will also further complicate the traffic pattern, creating more hazardous stop and go traffic. We have not been made aware of any proposed changes to alleviate this situation or to ensure the safety of our children and all who travel on Centerville Turnpike. The League is also concerned that the family restaurant may include a bar which could be open until 2 a.m. thereby causing noise and nuisance problems in the neighborhood. We do not need more bars in our area. At our meeting, we asked Site Improvement to put in writing their plans stating that there will not be any low income housing, Section 8 or bars in the development. At this time, this has not been done. We respectfully request that the Planning Commission address our concerns and delay approval ofthis project until all aspects of the problems we've outlined have been rectified. Sincerely, Charlene Geiger President, Charlestowne Area Civic League .t l1~v ~ V.L J ~~s \O~.\'\ Faith Christie From: Mark Ricketts [MRicketts@siteimprovement.net] Sent: Friday, August 01,200812:16 PM To: Faith Christie; Claude Lym Cc: Doug Kahle; Paul Martin; Robert Sawyer Subject: RE: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Hi Fai, Based upon our conversations with you and Kay Wilson, on behalf of our client, we request Items 1 and 2 of the August 13, 2008 Planning Commission Agenda be deferred until the September 10th meeting. We will be happy to accommodate the 8 foot wide multi':use path as a part of the project. In addition to our conversation a few minutes ago, I would also like to further address a few of the items contained in the open Charlestowne Area Civic League letter from its president Ms. Charlene Geiger to the Planning Commission dated July 31, 2008. 1. The price point discussed with you as well as that presented at our meeting with the civic league is $250,000 to $280,000. If the market will bear it and some owners want upgrades, a few prices may exceed $300,000. 2. Impact on Emergency Services was not discussed during our meeting with the Civic League meeting. I believe the area is within existing service areas for police, fire, and rescue. The residential use is also likely to place less demand on police that the commercial that could be construction the 11 acres for which the rezoning is sought. We welcome input from the Police and Fire Departments that will be generated by your e-mail to them regarding this issue. 3. Traffic flow and generation was extensively discussed with the Civic League. The traffic study that was submitted with the application package addresses all of the traffic related issues. The study indicates the traffic generated by the residential use is approximately one-half (1/2) that which would be generated by the commercial use for which the property is currently zoned. Additionally, turn lanes and other right-of-way improvements along Centerville Turnpike will be constructed to address the Civic League's concerns related to stop and go traffic. 4. Overcrowding at the schools was not discussed in any significant detail at the meeting. According to our conversation, your responses from the city staff review indicate the additional students generated by the proposed residential units are within the capacity of the are elementary and high schools and the middle school population increase is within acceptable limits for the middle school. 5. We discussed with the civic league the concern about bars. Although it is allowed by right in the existing B-2 Business Zoning Classification, our client stated the there was no intent to have a stand alone bar in the development. It is simply not in keeping with the current development concept of those involved in the project. A family type restaurant, Le. Applebee's, Ruby Tuesday's, etc., which have bars in them was discussed; however, these restaurant are not typically open until 2:00 a.m. and the type of clientele, about whom the Civic League seemed concerned, is different than that of a stand alone bar. 6. It was also discussed that given the price point stated above, there is no intention to set aside residential units for Section 8, low income, or other similar type housing units within the project. Although the tone of the letter seems to indicate that we have not addressed the Civic League's concerns, we believe that we have discussed and addressed the concerns brought to our attention. We are also willing, within reason, to consider and address those issues about which we were previously unaware and work with the Civic League, as well as the city, in a spirit of cooperation and I I rage L or .) unity. We want this project to be successful and be an enhancement to the area and the city as a whole. We will continue to work with you and the other staff to appear before the Planning Commission at the September 10, 2008 public hearing. We welcome any additional feedback or comment. As always, thank you for your assistance. From: Faith Christie [mailto:FChristi@vbgov,com] Sent: Friday, August 01, 2008 10:20 AM To: Claude Lym; Mark Ricketts Subject: FW: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Since this is being deferred any chance you can accommodate Barbara's request below? Faith Christie, CZA, CBO Planner, City of Virginia Beach 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 757-385-6379 ....__._,______.__~.._.._~-._~.__~'___...______.._~. . ."._....___~...____. ___._.~~.___,__ _~ __ ____._. _...__..,_._.'~.~ __...___~. ~___.....-.-.....-...___._,.______...._, ~v _ ..... From: Barbara Duke Sent: Tuesday, July 22/ 2008 4:24 PM To: Faith Christie . Subject: FW: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Don't know if it is too late, but for the project on Lynnhaven and Centerville, it would be great if the site plan could show an 8' multi-use path on Centerville, a sidewalk on Lynnhaven is fine, since the path is on the other side on this road. Can you let me know if you think this will be a problem? From: Stephen J. White Sent: Tuesday, July 22, 20089:09 AM Subject: FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing Attached is the FINAL Agenda for the August 13 Virginia Beach Planning Commission Hearing. If you have any questions or comments pertaining to any of the items, please contact the Planner listed with the item(s) of interest. Regards, 5tephenJ White} fh.D.}AICf Planning Coordinator Department of Planning r\ '''' I"^^O -L::\~~ \~ \LJ ~ J \ N N 5596 Magnolia Run Circle #206. Virginia Beach, VA 23464. 757.817.5524. s~E~wn@abbacan.com Planning Commission-City of Virginia Beach Attn: Current Planning 2405 Courthouse Drive Room 115 Municipal Center, Bldg. 2 Virginia Beach, VA 23456 August 6,2008 RE: Combined Conditional Rezoning Application (B-2 to A-24) and Conditional Use Application (Convenience Store with Fueling Facility) Location: 2120 Centerville Turnpike (Corner of Lynnhaven Parkway and Centerville Turnpike) ("The Woods at Lynnhaven") Owner: Lillel Farms, Inc. Applicant: Site Improvement Associates, Inc. Dear Planning Commission: I write because I am unable to attend the scheduled Planning Commission Hearing on August 13, 2008, regarding this matter. I have a real property interest in property adjacent to the property subject to the Application. As a former county planning board member, I know that well-thought-out comments from community members can help the Planning Commission to make proper recommendations. My comments are supplemented by photographs ofthe actual conditions (see Appendix). I also provide a Locator Map to aid your evaluation. While the Applicant only provides some quick sketches of a proposed site plan, the photographs provided here immediately demonstrate the serious problems with the Applications. The photographs, accompanied by the written comments below, illustrate convincingly why DENIAL of both Applications is proper. Out of full respect for your time, I intentionally keep my comments very brief and to-the- point. I am, however, available to answer any questions in more detail. I can also provide much higher resolution copies of the enclosed photographs to the Planning Commission (and additional photographs) if necessary. 1 of 15 C:\Documentsand Settings\Sbannon\My Documents\My MIsc\2120 Zonlng\2120 Cenlervl1le Tpk Rezoning & Conditional Use.doc : I 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment I. Residential uses are not permitted in the B-2 zoning district, the Applicant fails to provide any compelling reason to substantially alter the B-2 USE of the property . from commercial to high-density apartment residential use (B-2 to A-24), and thus DENIAL of the proposed rezoning is proper. The Conditional Rezoning Application is fundamentally about the applicant's unilateral request to substantially change the current zoning from a commercial/business (B-2) district to a very-high-density apartment/residential use district (A-24). Thus, while the Applicant focuses on and appears to make a "big issue" of the proposed development density, the predicate issue is a significant USE change. The property is entirely within a B-2 district.1 Residential uses are not a principal use (permitted "by right") or a conditional use in the B-2 zoning district.2 Therefore, the Applicant must compellingly demonstrate why a significant change in use is necessary prior to any discussion of density. The Applicant fails to do so. A. The Applicant fails to provide any compelling data to support the proposed USE change-a change that is specifically contrary to the City Comprehensive Plan and Zoning District-and thus DENIAL for this reason alone is proper. Since the USE, not density, is the predicate issue, the Applicant must first overcome a significant burden of demonstrating why a SIGNIFICANT USE change, that directly contradicts the City Zoning Code and City Comprehensive Plan, is necessary. The Applicant wholly fails to do so. The site is not within, for example, a Strategic Growth Area, which might justify a rezoning.3 There is no evidence that the local real estate market demands 100 additional housing units-to the contrary, recent reports convincingly and universally indicate that the market is flooded with excess housing units.4 Adding additional units may further depress housing values for adjacent property owners. Since these proposed residential units CANNOT be built on the site now because the site is properly zoned B-2 Commercial, the Owner/Applicant has not expectation or presumption of such use. Therefore, DENIAL of the Application is proper. B. The proposed residential site does not have a demonstrably safe and proper ingress-egress, and thus DENIAL is proper. Sometimes, simple common sense prevails. The proposed site has several, inherent restrictions on ingress-egress due to its location. I ZONING MAP ~ Cll (June 10,2008). 2 CITY OF VIRGINIA BEACH CODE, Appendix A, Article 9, ~ 901. 3 CITY OF VIRGINIA BEACH, 2003 COMPREHENSIVE PLAN POLICY DOCUMENT, at Chapter 2 (2003). 4 E.g., Tom Shean, Glutted Market, Wary Buyers Hit Region's Homebuilders Hard, THE PILOT, Aug. 1,2008. 20f15 C:\Documents al>d Sett1l>gs\Shal>non\My Documents\My Mlsc\2120 Zonlng\2120 Cenlervllle Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment While an entrance to the residential project is proposed for Lynnhaven Parkway at the southwest corner of the proposed site, this entrance has significant, common sense limits. (See Appendix Locations A and B). · First, Lynnhaven is now a divided road. There is no access to the Applicant's site heading east on Lynnhaven. · Second, the only access from Lynnhaven would require someone to drive east on Lynnhaven from Centerville Turnpike, do a U-turn at an UNCONTROLLED residential intersection (with at least two bus stops), then proceed approximately a quarter mile (.25 miles) west on Lynnhaven around a notable bend in the road before getting access. (See Appendix Location B.) · Third, the roadway precludes exiting the project and heading east on Lynnhaven (turning left out of the project). The only alternative would be turning right. heading west on Lynnhaven, and then trying to do a U-turn at the very busy and congested Lynnhaven and Centerville intersection (newly re-aligned). (See Appendix, Location C.) A "cut" in Lynnhaven, just re-aligned in 2006-07and significantly improved, is also not practical or desired. The Applicant apparently proposes a second entrance to the residential area through the proposed commercial development in the northwest area of the plan. · Fourth, this second entrance is also highly problematic. The exit onto Centerville Turnpike would focus traffic at an already congested area of Centerville Turnpike. (See Appendix Locations D and E and Section III Discussion below). The Applicant apparently proposes this additional ingress-egress point through the parking lot of the proposed commercial space fronting on Centerville Turnpike. Any residential ingress-egress, internally via the commercial area,s and emptying onto Centerville Turnpike simply does not adequately resolve the problem of access into the proposed site for traffic heading south on Centerville Turnpike (and does not resolve the problem with Lynnhaven at all). Centerville (see Appendix, Locations D and E and Locator Map) is already very congested at this point. The Applicant apparently proposes placing a significant volume, left turn across the north-bound traffic on Centerville in this already congested area. The left turn will potentially impede the CentervillejLynnhaven intersection turning lanes JUST BUlL T LAST YEAR AT SIGNIFICANT TAXPAYER EXPENSE. The point here is: there is inadequate ingress-egress for the newly proposed, and not permitted, RESIDENTIAL purposes.6 5 See Conditional Rezoning Application, Preliminary Layout of the Woods at Lynnhaven (site plan). 6 The traffic issues here are complex and confusing. As noted throughout this letter, simply seeing the site immediately makes the numerous issues clear. The photographs in the Appendix also attempt to illustrate these significant issues. 3of1S C:\Documents and Settlngs\Shannon\My Documents\My Misc\ZlZO Zonlng\ZlZO Cenlervl\1e Tpk Rezoning & Conditional Use.doc I I 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment Even a cursory review of the proposed residential site (or a review of the photographs in the Appendix, Locations D and E) shows that SIGNIFICANT UNRESOLVED PROBLEMS exist. Common sense justifies DENIAL of a USE change due to these problems. II. The proposed. and Rrossly excessive. rezoninJ! density (B-2 to A-24l sQuarely contradicts both the City Zonim~ Ordinance and City Comprehensive Plan. and thus the PlanninR Commission is left with no choice but to recommend a DENIAL of the application for rezoninJ! from B-2 to A-24. The zoning density discussion here is for comprehensiveness. As noted in Section I (above), the predicate issue is a USE issue. That is, the density discussion is moot/pointless until the Applicant FIRST provides compelling justification to change the USE of the property from Commercial to Residential. The Applicant fails to do so. However, as noted below, due to the plain statements in the controlling Zoning Ordinance and Comprehensive Plan, the Planning Commission is left with no choice but to recommend DENIAL of the Application to change the zoning to A-24. The Applicant proposes rezoning 11.11 acres of a total 16.12 acre parcel from B-2 to A-24. The property subject to the Application is surrounded by lower density, R-7.5, residential housing and a limited number of A-12 apartment units.7 No A-24 or A-36 Districts are already developed or exist in the vicinity of the proposed rezoning.s The property is currently a golf driving range, and the current golf range use is consistent with the surrounding neighborhood. As exists, the property is largely grassy and tree-lined and is bordered on the north by a htgh-voltage electric line. Importantly, the Planning Commission is tasked with only evaluating the Applicant's actual Application-that is, a request to rezone from B-2 to A-24. While the nature of the Applicant's request is usually obvious, in this case, the issue is potentially confusing. The confusion arises because the Applicant "suggests" a "potential use" for the property and even supplies some quick, general illustrations of a townhouse development, BUT those suggested drawings and site plan show a much lower density development than the Applicant actually requests in the Application. To emphasize, the Planning Commission, per the Application, is asked to consider rezoning from B-2 to A-24 and is not tasked with considering the "suggested," and potentially highly misleading, site plans and drawings showing a lower (10.77 units9 per acre) density development. 7 See ZONING MAP 9 ell (June 10,2008). 8 ZONING MAP 9 ell (June 10, 2008). . 9 The Applicant notes that the density is "9" units per acre if the high-voltage electric line easement is considered. 40f15 C:\Documents and Seltlngs\Shannon\My Documents\My Mlsc\2HO Zoning\2120 Centervllle Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment A. The City Zoning Ordinance plainly states the NO ADDITIONAL A-24 Districts are to be created or enlarged, and thus DENIAL is required. The City Zoning Ordinance plainly states: It is not the intention to create additional A-24 or A-36 Districts or to enlarge the limits of existing A-24 or A-36 Districts except in cases to promote infilling in areas that are already zoned or developed at densities between twenty-four (24) and thirty-six (36) dwelling units per acre.10 According to the current (as of this writing) City of Virginia Beach Zoning Map,l1 no A-24 or A-36 Districts exist anywhere near the property subject to this application. In fact, all of the densities are at least half of the requested density, and most densities are almost one-third of the proposed density. The Planning Commission and City Council are bound by these plain statements (in code) of the express legislative inteont of the City Council in adopting this section of the Zoning Ordinance. Thus, a recommendation of DENIAL is required and proper. B. The Applicant expressly demonstrates that the A-24 density is entirely unnecessary by proposing a use that would require, at most, 10.77 units per acre, and thus DENIAL is required and proper. The Applicant summarily forecloses any claim of undue "burden" from a denial or any claim for "necessity" because the Applicant proposes a project that would require a unit density of only 10.77 units per acre (9 units per acre if the Dominion Virginia Power Easement is included). Nevertheless, the Applicant requests a rezoning that is OVER 2.5 TIMES THE REZONING DENSITY NECESSARY per the Applicant's own development prop6sal. The Applicant's request is grossly excessive at best. The Applicant fails to demonstrate any reasonable necessity for such high density. The Applicant also undeniably demonstrates that A-24 is ABSOLUTELY NOT NECESSARY by its own plan. A recommendation of DENIAL of the Application is proper and required. C. The Applicant/Owner's property does not meet the narrowly drawn "exception" for "in-fill" development13 because there are no A-24 or A-36 density districts already developed in the area, and thus DENIAL is required. As noted above, the City Zoning Ordinance regarding A-24 and A-36 Districts plainly reads: It is not the intention to create additional A-24 or A-36 Districts or to enlarge the limits of existing A-24 or A-36 Districts except in 10 CITY OF VIRGINIA BEACH CODE, Appendix A, Article 6,9600. II ZONING MAP 9 C II (June 10, 2008). 12 See ZONING MAP 9 Cll (June 10,2008). 13 The City of Virginia Beach formally defines "in-fill" development. See the CITY OF VIRGINIA BEACH, 2003 COMPREHENSIVE PLAN POLICY DOCUMENT, at 91 (2003). The City's definition clearly and unambiguously states that in-fill development specifically must be consistent with current use patterns and use densities. 5of15 C:\Documents and Settlngs\Shannon\My Documents\My Mlsc\21Z0 Zonlng\2120 Cenlervllle Tpk Rezoning & Conditional Use.doc , I 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment cases to promote infilling in areas that are already zoned or developed at densities betvlleen twenty-four (24) and thirty-six (36) dwelling units per acre. 14 The City Council strongly and plainly states its express intention that NO A- 24 Districts be created or enlarged. Even the narrowly drawn exception is very carefully qualified to 1) ONLY allow A-24 additions or expansions in 2) ONLY the already very limited situations where parcels are 3) ALREADY DEVELOPED at such very-high densities. In the Applicant's case, no such areas in the vicinity of the Applicant Site are "already developed" at A-24 or A-36 density (and none are believed to even exist).15 Thus, the Applicant absolutely does not meet the narrowly-drawn exception. DENIAL is required and proper. For these reasons, among others, the Planning Commission is required to recommend DENIAL ofthe application to rezone from B-2 to A-24. III. Because of the significant traffic problems and the incompatibilities with the surrounding residential neighborhood uses, DENIAL of the convenience store with fueling facility (GAS STATION), conditional-use-permit application is proper. The Applicant, proposes a convenience store and fueling facility (gas station), along with other commercial uses, amounting to an estimated 27,900 sq. ft. of commercial space on approximately 5.01 acres ofland fronting on a TWO-LANE SECTION of heaVily-travelled Centervllle Turnpike. The property and proposed gas statiun site is diagonal to the Centerville Elementary School and is surrounded on three sides by strictly residential uses. Note, only the gas station conditional use is subject to review in this Application; however, the additional uses proposed are inextricably linked to the overall significant problems with the proposed, conditional use. The gas station proposal requires a conditional use permit and thus is not a "use by right" in the B-2 zoning district. Conditional uses carry a presumption that some uses are incompatible with 1) the zoning district, 2) current uses, and 3) future uses, and thus the Applicant must demonstrate compelling facts to overcome this presumption.16 The Applicant wholly fails to do so. The Applicant provides no 14 CITY OF VIRGINIA BEACH CODE, Appendix A, Article 6, ~ 600 (emphasis added) 15 ZONING MAP ~ CII (June 10,2008). 16 CITY OF VIRGINIA BEACH CODE, Appendix A, Article 2, ~ 200. "The purpose of this section [Conditional Use] is to recognize certain lIses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a given zoning district. These uses as described may be allowed to be located within given designated districts under the controls, limitations and regulations of a conditional use permit. It shall be the duty of the city council under the provisions of this article to evaluate the impact and the compatibility of each such use, and to stipulate such conditions and restrictions including those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in terms of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the 60ftS C:\Documenls and Settlngs\Shannon\My Documenls\My Mlsc\2120 Zonlng\2120 Centervtlle Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment compelling facts to demonstrate any unique needs or compelling community benefit from a project that is NOT permitted "by right." The Applicant demonstrates no ability to mitigate the significant negative effects of the project on community character, traffic, and community safety (including elementary school). A. The gas station is not compatible with the largely residential and ELEMENTARY SCHOOL uses in the area, and thus DENIAL is proper. As noted, the uses in this area are largely residential. There is also an ELEMENTARY SCHOOL diagonal from the proposed gas station site. Further, and somewhat ironically, the Applicant proposes additional residential uses for the immediately adjoining property (WITH NO BUFFER WHATSOEVER). A gas station is a per se incompatible use 17 with such LONG-ESTABLISHED residential and child-focused uses in the vicinity. There is no indication in the Application that a gas station is sustainable or necessary at this site. In fact, there are at least four gas stations within easy access of the proposed gas station site (and all are properly compatible uses unlike this project). There is no provision of adequate screening or buffering of this per se incompatible use from adjacent properties. Further, due to the density of the proposed site plan, there is also little room for such screening or meaningful buffers. Ironically, the proposed A-24 residential uses proposed by the Applicant in the related Application are not adequately screened or buffered at all from the gas station.18 Thus, the Applicant wholly fails to demonstrate that reasonable conflicts with surrounding uses resulting from a gas station are mitigated, and thus DENIAL is proper. B. Traffic issues, as discussed in Section I, further support the denial ofthe gas station Application as an incompatible use. The proposed project, as noted before, is fronted on heavily travelled, two- lane19 Centerville turnpike with most ingress and egress for the gas station on Centerville Turnpike. This section of Centerville Turnpike, along with Lynnhaven Parkway, were notably improved in 2006-07 at significant taxpayer expense. Centerville at this location (heading north from the intersection of Lynnhaven Parkway), is heavily travelled, is very congested, and is a two-lane road for through-traffic. To compound the traffic issues, the section is travelled by school buses carrying ELEMENTARY SCHOOL AGE children originating from Centerville Elementary School located diagonal to the gas station site. Further, a bike lane and pedestrian path, with surprisingly active use, directly fronts on the proposed gas station site. use as not being in accordance with the adopted comprehensive plan or as being incompatible with the surrounding neighborhood." (emphasis added). 17 Thus, the necessity for a conditional use permit. See CITY OF VIRGINIA BEACH CODE, Appendix A, Article 2, 11 200; CITY OF VIRGINIA BEACH CODE, Appendix A, Article 9, 11 900; 18 Conditional Use Application, Preliminary Layout of the Woods at Lynnhaven (site plan). 19 Centerville Turnpike did recently (2006-07) receive upgrades including turning lanes. Nevertheless, the road remains a heavily travelled, two-lane road of actual traffic flow. 70f15 C:\Documents and Settlngs\Shaonon\My Documents\My Mlsc\2120 Zonlng\2120 Centervllle Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment Admittedly, conveying the serious problems with this section of Centerville Turnpike is difficult with words (and is difficult with even with a site plan). Th~ problems are immediately evident with a site visit or, hopefully, by reviewing the appended photographs (see especially Appendix, Locations C, D, and E and the Locator Map). For example, Centerville now has a left hand turning lane heading south towards the Lynnhaven Parkway intersection to allow traffic to turn left to head east on Lynnhaven (see Appendix, Location D). The proposed ingress and egress to the gas station will impede this just-completed, turning-lane project. Traffic heading south on Centerville will queue for the gas station to turn left in the area now provided for left hand turns onto Lynnhaven (see Appendix, Locations C, D, and E) -creating a very dangerous situation because cars will need to slow in the turning lane to try to cross the HEAVY, SINGLE-LANE traffic heading north on Centerville competing with cars trying to use the turning lane for the intersection. Further, gas station traffic trying to exit the gas station to head north on Centerville would be faced with heavy traffic channeled IN A SINGLE LANE heading north on Centerville (not to mention trying to dodge competing cars trying to enter the gas station from heading south). The egress from the gas station to head north on Centerville is further impeded by the traffic light immediately north of this project at Glen View Drive, which queues well-into the proposed project area. Finally, trying to exit and turn left to head SOUTH on Centerville is practically impossible (and highly dangerous) given the fundamental limits of this stretch of road (and probably not readily correctable).2o To even further compound the problems, the gas station ingress-egress is reasonably expected to be HIGHEST at the times when the road is MOST congested-that is, morning commute, lunch time traffic, and afternoon commute. Thus, the gas station will generate or re-focus traffic on this TWO LANE span at precisely the time of highest overall usage (and at times of concurrent usage by ELEMENTARY SCHOOL CHILDREN in buses). The dangers for pedestrians and bicyclists are also readily apparent.21 One simply needs to look at this site to immediately see these issues (as photographs in the Appendix attempt to demonstrate). For these reasons, and by sheer COMMON SENSE, the conditional use permit should be DENIED. 20 These issues are not at a critical or problematic level with the light-use ofthe golf range and highest uses at off- peak hours. 21 While I can only provide anecdotal information, the bike-pedestrian path in this section is, perhaps surprisingly, very well-used. 22 Letter from Pender & Coward, Certificate of Title for 2120 Centerville Turnpike, March 27, 2008 (Rezoning Application). 8of1S C:\Documents and Settlngs\Shannon\My Documents\My Mlsc\2120 Zonlng\2120 Centervtlle Tpk Rezoning & COnditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment For the reasons provided, recommending DENIAL of both Applications is proper or required. Common sense and a fuller picture of the proposed project, and surrounding area, demonstrate numerous, unresolved problems with the proposed project. These problems preclude the approval of the Applications. As such, I trust that the Planning Commission will properly recommend DENIAL of both Applications since the evidence for denial is compelling. In the unlikely event, however, that the Planning Commission does not recommend denial of both Applications, I request prompt, written notice of the Commission's action(s) along with written justification for any action other than recommending denial. I also request prompt, written notification of any appeals by the Applicant/Owner (or successors) or any subsequent actions (for example, subsequent Applications) by the Applicant/Owner (or successors). As a former planning board member, I always appreciated the value of a "second set of eyes" reviewing an Application. I hope that my comments and insights are helpful to the Commission. If I can supply additional insights, please do not hesitate to contact me. I thank you for thoughtfully considering these issues. Sincerely, Shannon Brown CC: Faith M. Christie, CZA, CBO 9of15 C:\Documentsand Settlngs\Shannon\My Documents\My Mlsc\2120 Zonlng\2120 Centervllle Tpk Rezoning & Conditional Use.doc I I 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment-Appendix I: Photographic Proofs Appendix I: Photographic Support for Denial Locator Ma Map copyright GoogleMaps. Note that the photographic imagery in this map does not reflect the recent upgrades. Location A: Intersection of Lynnhaven Parkway, Magnolia Run Circle, and Heald Way. Approximately .25 MILES east of the proposed site. Location B: Approximate site of the entrance (ingress and egress) from proposed residential development (arrow denotes approximate entrance/exit). NOTE: The proposed ingress-egress (8) is approximately .25 miles west of the newly DIVIDED, Lynnhaven Parkway. That is, there is no general access to this proposed entrance. Also, note the significant CURVE to Lynnhaven Parkway to the east (between 8 and A) that potentially limits safe sight-lines for traffic entering or exiting the proposed entrance at Location 8. Location C. Intersection of Lynnhaven Parkway and Centerville Turnpike. Significantly improved in 2006-07. Centerville Elementary on southwest corner. Location D: Approximate location of ingress-egress to proposed gas station (see arrow). Location E: Northern edge of property. Note traffic light on Glen View Drive immediately north of the proposed main ingress-egress for the project (see photos showing significant vehicle queue even on a Sunday afternoon). to oftS C:\Documentsand Settlngs\Shannon\My Documents\My M15c\2120 Zonlng\2120 Centervllle Tpk Rezoning & Conditional U5e.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment-Appendix I: Photographic Proofs Location A: Lynnhaven Parkway at the intersection of Magnolia Run Circle and Heald Way. Looking west TOWARDS the proposed project. The proposed residential project site is approximately .25 miles to west of this point. Uncontrolled, residential intersection with at least two bus stops. Likely a dangerous U-TURN site if the project is built. ii:>o>'.... -- Location A-B (approximately half-way between A and B at city park): Looking WEST on Lynnhaven in east-bound lane. Note road curve and DIVIDED lanes. Even at this location, the problems with sight lines and lack of ready access are IMMEDIATELY apparent. 11of15 C:\Documents and Settings\Sbannon\My Documents\My Mlsc\2120 Zonlng\2120 Centervllle Tpk Rezoning & conditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment-Appendix I: Photographic Proofs Location B-1: On DIVIDED media on Lynnhaven Parkway looking EAST towards Magnolia Run Circle and Heald Way intersection. NOTE CURVE AND GENERAL LACK OF ACCESS. Nearest turning access approximately .25 miles east fro~ this location at uncontrolled intersection. Speed limit 35 MPH. Location B-2: At approximate location of PROPOSED ENTRANCE on Lynnhaven Parkway looking EAST towards Magnolia Run Circle and Heald Way. NOTE CURVE. No access from Lynnhaven heading EAST. Speed limit 35 MPH. 12 of 15 C:\Documentsand Setl1ngs\Shannon\My Documents\My Mlsc\Z120 Zonlng\Z120 Centervllle Tpk Rezoning &Condil1onal Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment-Appendix I: Photographic Proofs Location C-l: Generally BUSY intersection of Lynnhaven Parkway and Centerville Turnpike near the southwest corner ofthe proposed site. Centerville Elementary School visible in center- left of image. INTERSECTION RECENTLY SIGNIFICANTLY IMPROVED (2006-07). Location C-2: Intersection of Lynn haven Parkway and Centerville Turnpike looking NORTH. Note TWO-LANE road and TURNING LANES. Recently significantly realigned in 2006-07. Approximate gas station entrance before the fire hydrant in this image (fire hydrant marks current golf range entrance). Note bike path and walk-way. 130flS C:\Documents and Settlngs\Shannon\My Documents\MyMlsc\2120 Zonlng\2120 Centervllle Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment-Appendix I: Photographic Proofs Location D-l: Approximate entrance for gas station looking NORTH. Note substantial traffic queue backed up to edge off proposed project on a SUNDAY, in the early afternoon (approximately 12:45PM). Weekly queue here can easily backup well into the proposed site. Location D-2 (zoom image): Approximate entrance for gas station looking NORTH. Note heavy traffic queue backed up to edge of proposed project on a SUNDAY, in the early afternoon (approximately 12:45PM). Also note well-used bike and pedestrian path that would be impeded by the proposed project. 140flS C:\Documenls and Sellings\Shannon\My Documenls\My Mlsc\2120 Zonlng\2120 Centerville Tpk Rezoning & Conditional Use.doc 2120 Centerville Turnpike-Conditional Use and Rezoning Application Public Comment-Appendix I: Photographic Proofs Location E-l:Northern corner of proposed project under high-voltage power lines looking NORTH on Centerville Turnpike. Note TRAFFIC LIGHT at Glen View Ave. immediately north of proposed site. Note significant traffic queue on an early Sunday afternoon. Approximate site of main egress from residential project. (Note, a different bicyclist on this well-used bike path.) Location E-2: Northern corner of proposed project under high tension power lines looking SOUTH on Centerville Turnpike towards proposed project site. Note heavy traffic queue on an early Sunday afternoon. ELEMENTARY SCHOOL visible in background. Note turning lanes. 1Sof1S C:\Documents and Settlngs\Shannon\My Documents\My Mlsc\2120 Zonlng\2120 Centervllle Tpk Rezoning & Conditional Use.doc I I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7106 DATE: October 3,2008 FROM: Leslie L. Lilley B. Kay Wilson~..,f:f;'/ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; 1250 Centerville, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 14,2008. I have reviewed the subject proffer agreement, dated October 3,2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen PROFFER AGREEMENT. .t re, "\"L.L ~ ., TillS PROFFER AGREEMENT ("Agreement") made thisO - day of~, 2008, by and between 2150 CENTERVILLE, L.L.C. (formerly known as 1250 CENTERVILLE, L.L.C.), A Virginia limited liability company, ("Centerville"), LILLEL FARMS, INe. ("Lillel"), a Virginia stock corporation (collectively "GRANTOR"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("GRANTEE,") provides and states as follows: WIT N E SSE T H: WHEREAS, Lillel owns, and Centerville is the contractor purchaser of, that certain parcel ofland (the "Property"), containing approximately sixteen and twelve-hundreths (16.12) acres, located at the northeast comer of the intersection of Centerville Turnpike and Lynnhaven Parkway, in the City of Virginia Beach, Virginia, as depicted in that plan entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach) Virginia", prepared by Site Improvement Associates, Inc. and dated July 24, 2008 ("Plan"); and WHEREAS, Grantor requests a change of zoning for a portion of the Property (legal description attached as Exhibit A) from B-2 - Community Business District to Conditional A-24 _ Apartment District, for the purpose of developing the property into an area of residential townhouse style condominium parcels, with approximately one hundred (100) residential townhouse style condominium units on the rezoned portion, all as depicted on the Plan. PREPARED BY: PENDER & COWARD, P.C. 222 CENTRAL P ARK AVENUE, SUITE 400 VIRGINIA BEACH, VA 23462 GPINS: 1464-08-1683-0000 1 I I I NOW, THEREFORE, the GRANTOR, their successors, assigns, GRANTEE and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon' the Property and upon all parties and persons claiming under or through the GRANTOR, their successors, assigns, GRANTEE and other successors in interest or title: 1. The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. :The residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director; 2. The Plan, entitled, "Rezoning and Conditional Use Permit (CUP) Exhibit for The Woods at Lynnhaven, Virginia Beach, Virginia", prepared by Site Improvement Associates, Inc., and dated July 24, 2008, is incorporated herein by reference and forms a part of this Agreement. The Plan was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The landscaping shown on the plan for the residential portion of the Property shall be developed in general conformance with the Plan. Modifications to the Plan are permitted as approved by the Planning Director; 2 3. An exhibit entitled, "The Woods at Centerville", prepared by Martin and Martin Architecture, Inc., is proffered as part of this Agreement. The document was exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The buildings on the residential portion of the Property shall be developed in general conformance with the exhibit, in arrangement, material shown, and material specified on the exhibit. Modifications to the buildings are permitted as approved by the Planning Director; 4. The Property to be rezoned to Conditional A-24 - Apartment District shall be developed into no more than 100 units, 5. The Grantor will mount security cameras within the developed commercial portion ofthe Property at locations to be coordinated with Planning Department staff members. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suifor proceeding; or failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 i I WITNESS the following signatures and seals. GRANTOR: 2150 Centerville, L.L.C. A Virginia Limited Liability Company By: LILLEL FARMS, INC. Its: Authorized Member BY~ ah eda~ I Gilt; cJyJ Rose Ann Coker, President LILLEL FARMS, INC. A Virginia Stock Corporation BY:~ ~~ (}~ I LPJleL){ M Rose Ann Coker, President COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH I, ~\\5\C\ \~ \\~\'"\fli\ , a Notary Public in and for the City and State aforesaid, do hereby certify that Rose Ann Coker, as President of Lille1 Farms, Inc., on behalf of itself and as Authorized Member of 2150 Centerville, L.L.c., whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and State aforesaid this ~ day of O:-\D'{y. R , 2008. She is personally known to me or has produced identification. My Registration Number is: \?as\O~ 4mLL/JJ2 J :k!77Yl/l7 Notary Public .'""........ -",~" T. ~/1i'."--. .' ~ ........ ~ - -. ~ h.: .....v P .o'~ .. ~ ~'( ~.. "'..... (/6'.00 ~. ~ .. &j ..0"" <'.-::.." ~ : :<: MY o~ : ... SION." - : COMMIS : ~ : : (') \ NUMBER ! ~ : \ ~ ... 7205708 ... (3 ! .. ~-.o ..,q:. ~ .. -~..... .. .. -\.... !Ii ., v4t~~......o ~ ~ !Ii '-.,;'''EAl T~ 0 ",.", ."........,' My commission expires: \\ Y). '(\\IT:2.. ?[), Ie)' '2 My commission Expires November 30,2012 4 EXHIBIT A Legal Description Beginning at an iron pin found along the easterly right-of-way line of Centerville Turnpike in the City of Virginia Beach, Virginia, said point being located approximately 682.17 feet north ofthe intersection of the northerly right of way line of Lynnhaven Parkway and the easterly right-of- way line of Centerville Turnpike, said point being a common comer with Lot 61 of Section 4 of the Charlestowne Lakes subdivision, said subdivision plat being recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Map Book 122 at Page 12; thence, along the southerly and common boundary line of Lots 61, 60, and a portion of Lot 59, Section 4 of the Charlestowne Lakes subdivision N 71 0 50' 01" E for a distance of 287.46 feet to the POINT OF BEGINNING OF THE property to be described. From said POINT OF BEGINNING, along the southerly and common boundary lines of the remaining portion of Lot 59, Lot 50, Lot 49, Lot 47, Lot 46, Lot 45, Lot 44, and a portion of Lot 43, Section 4, Charlestown Lakes subdivision, N 710 50' 01" E for a distance of 663 .25 feet to an iron pin found and common comer with the parcel, now or formerly, owned by Magnolia Run Apartments, L.L.C. by deed recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Deed Book 4372 at Page 1221; thence, along the westerly and common line with Magnolia Run Apartments, L.L.C., S 180 09' 57" E for a distance of736.98 feet to an iron pin found along the northerly right-of-way line ofLynnhaven Parkway; thence, along the northerly right-of-way line of Lynnhaven Parkway S 71048' 52" W, 2.84 feet to a point; thence, continuing along the northerly right-of-way line of Lynn haven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 71048' 53" W, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line ofLynnhaven Parkway, S 71048' 53" W, 225.06 feet to a poin.t; thence, continuing along the northerly right-of-way line of Lynn haven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 71048' 53" W, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynn haven Parkway, S 74049' 40" W, 224.72 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 750 37' 44" W, 4.93 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 750 14' 12" W, 159.40 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, N 180 11' 07" W, 4.92 feet to a point; thence, continuing along the northerly right-of- way line of Lynnhaven Parkway, S 750 23' 28" W, 5.26 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 180 11' 07" E, 4.92 feet to a point; thence, continuing along the northerly right-of-way line of Lynnhaven Parkway, S 71048' 53" W, 31.80 feet to a point; thence, along a zoning separation and differentiation line as well as proposed property line, N 18009' 59" W, 714.48 feet to the point of beginning of the property described herein, containing approximately 483,871 square feet or 11.11 acres situated in the City of Virginia Beach, Virginia. 5 I I I I M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SERVICES BOARD - CSB EASTERN VIRGINIA HEALTH SERVICES AGENCY HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION - RAC REVIEW AND ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TIDEWATER REGINOAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORA TION - VBCDC WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS , I O. NEW BUSINESS P. ADJOURNMENT I I" CITY OF VIRGINIA BEACH SUMMAR Y OF COUNCIL ACTIONS V 0 I DATE: 10/7/08 M B L D C E L E D H C R A W P/\GE: 1 S I E J L N U N I T E D N 0 A D H U L W ACiENDA E Z Y L N N 0 R E S 0 ITJ:M # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D VA CITY MANAGER'S BRIEFING: COMMUNITY LEGIS LA TIVE Robert R. Matthias, AGENDA Assistant to the City Manager B. WORKFORCE HOUSING BOARD Andrew RECOMMENDA nONS Friedman, Director, Housing and Neighborhood ! Preservation , C. DRAGAS GRANT FOR HOMELESS Andrew FAMILIES Friedman, Director, Housing and Neighborhood Preservation III! I/rY N - CERTlFlCA TlON OF CLOSED CERTWIED 10-0 A Y Y Y Y Y Y Y Y Y Y E SESSION B S (Councilman DeSteph ABSTAINED T on portion re City property in A Princess Anne District) I N E D -. F MINUTES 10-0 Y Y Y A Y Y Y Y Y Y Y B InfonnallFonnal Sessions 9/23/08 APPROVED S T A I N E D G/H/A PRESENTATIONS OCEANA MISSION AND ACTIVITIES Captain Mark Hunter, Commanding Officer, Oceana Naval Air Station B PRINCESS ANNE ATHLETIC Cindy Curtis, DEVELOPMENT Director, Parks and Recreation CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 10/7/08 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 1.1. PUBLIC HEARINGS Lease of City-owned property at 3'd Street No Speakers and Atlantic Avenue 1.2. ~STALLMENTPURCHASE No Speakers AGREEMENT (ARP) Easement-3416 Head River Road 1..3. DEPARTMENT OF JUSTICE-BYRNE No Speakers MEMORIAL ASSISTANCE GRANT re law enforcement/criminal processing projects J/K/I Ordinance to AUTHORIZE the City ADOPTED, BY 9-0 Y A Y Y Y A Y Y Y Y Y Manager to execute a Short Term Lease CONSENT B with Dolphin Run Condominium S Association, Inc., re City-owned property T at 3rd Street and Atlantic Avenue A I N E D 2 Resolution to AUTHORIZE the issuance DEFERRED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y of General Obligation School Bonds in the CONSENT. maximum amount of$7.5 Million to be Until 10/14/2008 sold re The Virginia Public School Authority. 3 Ordinance to AUTHORIZE the City ADOPTED, BY 9-0 A A Y Y Y Y Y Y Y Y Y Manager to execute an Installment Purchase CONSENT B Agreement with Barry D. Knight re an S Agricultural Land Preservation (ARP) T easement on 3416 Head of River Road A I N E D 4 Resolution to REFER to the Planning ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y Commission an Ordinance amending ~2 I 1 CONSENT of the City Zoning Ordinance (CZO) re temporary signs. 5 Resolution to ACKNOWLEDGE Virginia ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y GED Week and Virginia GED Day re a CONSENT stronger alignment of quality education, workforce development and economic development I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 10/7/08 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I 6 Resolutions to APPOINT: ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y CONSENT a. Natalie Mann as Assistant City Attorney b. Rachel Allen as Associate City Attorney 7 Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of-way: a. DAVID B. and ANDREA C. ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y PALMISANO to construct and maintain a CONSENT boatlift and a timber pier at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE) b. DONALD R. JR. and LINDA J. ADOPTED, BY ARGUS to construct and maintain a CONSENT 10-0 Y A Y Y Y Y Y Y Y Y Y bulkhead, two (2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS ANNE) 8 Ordinance to ACCEPT and ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y APPROPRIA TE $25,800 from the CONSENT Department of Homeland Security, sub- granted from the City of Portsmouth, to the Fire Department re hazardous materials reSDonse eouiDment. 9 Ordinance to APPROPRIATE $77,000 DEFERRED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y from the General Fund balance to the CONSENT, Kempsville Volunteer Rescue Squad re an Until 10/14/2008 interest free loan to purchase a replacement ambulance 10 Ordinance to TRANSFER funds and ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y APPROVE two (2) full-time, City-funded CONSENT positions re Commonwealth's Attorney Office re domestic violence L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S HISTORIC PRESERVATION COMMISSION PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION REVIEW AND ALLOCATION COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION WORKFORCE HOUSING ADVISORY i COMMITTEE CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 10/7/08 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D MfN NEW BUSINESS 0 ADJOURNMENT 7:50 P.M. P PUBLIC COMMENT 4 Speakers 7:50 - 8:56 P.M. Comprehensive Plan Open Houses October 9, 2008 White Oaks Elementary District #3 - Rose Hall 7:00 - 9:00 PM School October 13, 2008 Convention Center District #6 - Beach 7:00 - 9:00 PM October 16, 2008 Association for Research & District #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment District #6 - Beach October 20, 2008 Princess Anne High School District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 23, 2008 Bayside Recreation Center District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 27,2008 Cox High School District #5 - Lynnhaven 7:00 - 9:00 PM