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NOVEMBER 25, 2008 II I; CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. AI-Large VICE MA YOR LOUIS R. JONES. Bayslde - DWTlcl -I WILLIAM R. DeSTEPH. AI-Large HARRY E. DIEZEL. Kempsv.lle - D.stricl 2 ROBERT M DYliR" CenteTV.lle - Dis/Tlcl I BARBARA M. HtNLEY. Prmce.... Anne- D.s/ricl 7 REBA S McCLANAN, Rose Hall - DWTlcl 3 JOHN E. UHRIN. Beach - Dls/TlCI 6 RON A VILLANUEVA. AI-Large ROSEM.ARY W1150N, AI-Large JAMES L. WOO/). Lynnhaven -DisITlCI 5 CITY COUNCIL AGENDA ('ITY MANAGER - JAMES K. SPORE CITY A7TORNET - LESLIE L. LILLEY CITY ('LERK - RUTH HODGES FRASER. MMC 25 NOVEMBER 2008 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. GREEN RIBBON INITIATIVE Barry Frankenfield, Administrator - Parks and Recreation B. URANIUM MINING IN VIRGINIA Tom Leahy, Director of Public Utilities II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Richard Keever Chaplain, Westminster Canterbury 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 November 18, 2008 G. AGENDA. FOR FORMAL SESSION H. PUBLIC HEARINGS 1. AMENDMENT TO ~30-59 OF THE CITY CODE re Erosion and Sediment Control 2. TAX INCREMENT FINANCING (TIF) Central Business District (CBD) Northeast Tax 3. EXCHANGE OF EXCESS CITY PROPERTY Habitat for Humanity - 5069 Indian River Road and 2056 and 2058 Salem Road 4. SALE OF EXCESS CITY PROPERTY Tailwind Development Group, LLC - Princess Anne Road and S. Independence Boulevard 5. LEASE OF CITY PROPERTIES a. Kempsville Borough Boys Baseball, Inc. - 952 Reon Drive b. FLS Corporation tla The Nesting Box - Farmer's Market Spaces #1 and #2 I. CONSENT AGENDA II I I 1. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. 930-59 re Erosion and Sediment Control site stabilization b. 921-354 and 21-359 re residential parking permits c. Chapter 5 - Animals and Fowls - ADDING 9 5-20 re prohibiting feeding wildlife on City property 2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIATE the funds; and, AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange (deferred on November 18,2008) 3. Resolution to AFFIRM authorization to pickup employee's contribution to the Virginia Retirement System (VRS) for City of Virginia Beach 4. Ordinance to DECLARE City-owned land as excess property at the northwest corner of Princess Anne Road and South Independence Boulevard to Tailwind Development Group, LLC; and, AUTHORIZE the City Manager to convey the property. DISTRICT 3 - ROSE HALL 5. Ordinances re Habitat for Humanity: a. TRANSFER $231,000 from Department of Housing and Neighborhood Preservation's FY 2008-09 Reserve for Contingencies to its Operating Budget re creation and/or rehabilitation of permanent affordable housing b. DECLARE City-owned land as excess property at 5069 Indian River Road and 2056 and 2058 Salem Road in exchange for property at Zurich Arch DISTRICT 7 - PRINCESS ANNE 6. Ordinances to AUTHORIZE the City Manager to execute leases of City-owned property for less than five (5) years: a. Kempsville Borough Boys Baseball, Inc., at 952 Reon Drive DISTRICT 1 - CENTERVILLE b. FLS Corporation t/a The Nesting Box at Farmer's Market, Spaces #1 and #2 DISTRICT 7 - PRINCESS ANNE K. PLANNING 1. Application of THOMAS E., SR. and NANCY I. COGHILL, for the discontinuance, closure and abandonment of a portion of an unimproved alley right-of-way at 804 Surfside A venue. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 2. Application of ARGOLD DAM NECK, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG-l Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDA TION NOVEMBER 18, 2008 APPROV AL 3. Application of IMPRESSIVE FITNESS, LLC d/b/a ANYTIME FITNESS for a Conditional Use Permit re indoor recreational facility at 5300 Kempsriver Drive DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROV AL 4. Application of NKE ASSETS, LLC d/b/a LIGHTING VIRGINIA for a Conditional Use Permit re bulk storage at Suite 110, 596 Central Drive. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 5. Applications of the CITY OF VIRGINIA BEACH: a. 2181 and 2257 Landstown Road DISTRICT 7 - PRINCESS ANNE 1. Change of Zoning District Classification from AG-l Agricultural District to B-2 Community Business District re sports enhancement 2. Conditional Use Permit re recreational facilities RECOMMENDATION INDEFINITE DEFERRAL b. Ordinance to AMEND S4.1 of Appendix B, Subdivision Regulations, re deletion of minimum right-of-way width and minimum paved width for minor subdivision streets RECOMMENDATION APPROV AL L. APPOINTMENTS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) TIDEW A TER REGIONAL GROUP HOME COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Ci/v Council Sessions for November and December 2008 December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning *********** 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 11/19/08 mb www.vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. GREEN RIBBON INITIATIVE Barry Frankenfield, Administrator - Parks and Recreation B. URANIUM MINING IN VIRGINIA Tom Leahy, Director of Public Utilities II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORnER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Richard Keever Chaplain, Westminster Canterbury 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 November 18, 2008 G. AGENDA FOR FORMAL SESSION .tsulutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, . pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exemptt~d 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' H. PUBLIC HEARINGS 1. AMENDMENT TO 930-59 OF THE CITY CODE re Erosion and Sediment Control 2. TAX INCREMENT FINANCING (TIF) Central Business District (CBD) Northeast Tax 3. EXCHANGE OF EXCESS CITY PROPERTY Habitat for Humanity - 5069 Indian River Road and 2056 and 2058 Salem Road 4. SALE OF EXCESS CITY PROPERTY Tailwind Development Group, LLC - Princess Anne Road and S. Independence Boulevard 5. LEASE OF CITY PROPERTIES a. Kempsville Borough Boys Baseball, Inc. - 952 Reon Drive b. FLS Corporation t/a The Nesting Box - Farmer's Market Spaces #1 and #2 Public Hearing Proposed Amendment to City Code Section 30-59 On November 25, 2008, at 6:00 p.m., the Virginia Beach City Council will hold a Public Hearing concerning the adoption of a proposed ordinance to amend City Code Section 30-59, regarding site stabilization requirements of the City's Erosion and Sediment Control Ordinance. A copy of such proposed ordinance is available for inspection at the City's Department of Planning. The aforesaid Public Hearing will be held in the City Council Chamber located on the 2nd floor of the City Hall Building (Building 1), 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon November 16,2008 19542086 ,.. NOTICE OF PUBLIC HEARING ~ Proposed Establishment of Central Business District-Northeast Tax Increment Financing District and Use of Tax Increment Financing The City of Virginia Beach proposes to designate a development project area, effective December 2, 2008, in the Pembroke section of the City, to be known as Central Business District-Northeast Tax Increment Rnancing District. The proposed development project area will be geographically defined as that property located around and including the Pembroke Mall and outlying area, starting at the intersection of Independence Boulevard and Jeanne Street bounded on the north by the northemmost edge of Jeanne Street to its intersection with Constitution Drive, and including properties between Corporation Lane and Paul Jones Lane, bounded on the east side by Thalia Creek, bounded on the south side by Virginia Beach Boulevard , and bounded on the west side by Independence Boulevafd, up to its intersection with Jeanne Street. A map of the proposed district is on file and available in the City Clerk's oftk:e. This proposed TIF will require adjustment to the northem boundary of the existing Central Business District- South TIF established by City Council on November 23, 1999, in which the northem boundary will be moved south to the zero-property lot line. A map of the proposed boundary change is on file and available in the City Clerk's office. Tax Increment Financing (TIF) is a method to financing the costs of public improvements in an area by depositing any increases in real estate tax revenue into a special fund. The increase in real estate tax assessments, known as tax increment, is the amount by which the current assessed value of real estate exceeds the base assessed value (i.e., the value of property in the area before improvements were made). Such use may involve issuance of obligations payable from the tax increment funds. The City of Virginia Beach proposes to use the tax increment in the Pembrofe Mall area of the City to finance structural improvements in the TIF district including but not lim~ed to construction and maintenance of a pedestrian bridge to enhance the safety of pedestrians. On Tuesday, November 25, 2008, the Council of the City of Virginia Beach, Virginia will halef a public hearing on the need for the tax increment financing district. The public hearing will be conducted at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. This Hearing is open to the public, and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are ptTysically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800-828-1120. The referenced maps are also available electronically at the following link: http://www.vbgov.com/file_sourcel dept"mgmtsvcslDocument"Reports%20and%20DocumentslProposedTIFCBDMaps.pdf Ruth Hodges Fraser, MMC City Clerk .... ~ NOTICE OF PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition of properties located on Indian River Road and Salem Road, Tuesday, November 25, 2008, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at 5069 Indian River Road (GPIN 1465-74-0925), and 2056 and 2058 Salem Road (GPINs 1474-98-1822 and 1474-98-1735). The purpose of this Hearing will be to obtain public input to determine whether these properties should be declared "Excess of the City's needs" and sold or otherwise conveyed. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 1-80Q..828-1120 (Virginia Relay -Telephone Device for the Deaf). I\ny Questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385-4161. Ruth Hodges Fraser, MMC City Clerk Beacun Nov. 1G. 2008 1954884C NOTICE OF PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City property, Tuesday, November 25, 2008, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at. the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at the Northwest corner of Princess Anne Road and S. Independence Boulevard (GPIN 1485-16-9065-0000). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs" and sold. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 1-800.828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385-4161. Ruth Hodges Fraser. MMC City Clerk Beacon Nov. 16. 2008 19548933 .PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, November 25, 2008, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following: . Approximately 6.00 acres in Providence Park, 952 Reon Drive, for use by Kempsville Borough Boys Baseball, Inc. . If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ; Hearing Impaired, call 71:1. - The Virginia Relay. . Any questions concerning this matter should be directed to Rick Rowe, Parks and Natural Areas Coordinator. Department of Parks and Recreation. 2289 Lynnhaven Parkway. The Parks and Natural Areas Office telephone number is (757) 385 0400. Ruth Hodges Fraser. MMC City Clerk Beacon Nov. 16. 2008 195/~8940 III PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owneu property for the following parcel on Tuesday, November 25, 2008, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment regarding the proposed lease ilgreement of City-owned property located at the Virginia Beach Farmers Market, as defined below: 1) Spaces # 1 & 2: FlS Corporation (t/a The Nesting Box) Any questions concerning this matter should be directed to George Denice, Farmers Market Manager, by calling (757)385-4395. If you are physically disabled or visually impaired and need as'iistance at this meeting, please call the CITY CLERK'S OFFICE at 385 4303; Hearing impaired, call TDD only 385 4305 (TOO Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 16, 2008 19549024 I. CONSENT AGENDA J. ORDINANCES/RESOLUTION I. Ordinances to AMEND the City Code: a. S30-59 re Erosion and Sediment Control site stabilization b. 921-354 and 21-359 re residential parking permits c. Chapter 5 - Animals and Fowls - ADDING S 5-20 re prohibiting feeding wildlife on City property 2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIATE-the funds; and, AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange (deferred on November 18, 2008) 3. Resolution to AFFIRM authorization to pickup employee's contribution to the Virginia Retirement System (VRS) for City of Virginia Beach 4. Ordinance to DECLARE City-owned land as excess property at the northwest corner of Princess Anne Road and South Independence Boulevard to Tailwind Development Group, LLC; and, AUTHORIZE the City Manager to convey the property. DISTRICT 3 - ROSE HALL 5. Ordinances re Habitat for Humanity: a. TRANSFER $231,000 from Department of Housing and Neighborhood Preservation's FY 2008-09 Reserve for Contingencies to its Operating Budget re creation and/or rehabilitation of permanent affordable housing b. DECLARE City-owned land as excess property at 5069 Indian River Road and 2056 and 2058 Salem Road in exchange for property at Zurich Arch DISTRICT 7 - PRINCESS ANNE 6. Ordinances to AUTHORIZE the City Manager to execute leases of City-owned property for less than five (5) years: a. Kempsville Borough Boys Baseball, Inc., at 952 Reon Drive DISTRICT 1 - CENTERVILLE b. FLS Corporation t/a The Nesting Box at Farmer's Market, Spaces #1 and #2 DISTRICT 7 - PRINCESS ANNE 4.A'~~ #~'l."" "?1c+~, ..a-~. 't-' (,:.-_. ~! (5 - ~~ ~. - .) (~, ~ j) ~'.. .:7 \.~~':~4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend and Reordain Section 30-59 of the City Code, Pertaining to Erosion and Sediment Control Site Stabilization MEETING DATE: November 25,2008 . Background: Among the recommendations of the Green Ribbon Committee is that the Erosion and Sediment Control Ordinance be amended to require that all denuded or disturbed areas on sites be stabilized prior to the final release of any land disturbing activity permit or the issuance of a temporary or permanent certificate of occupancy. . Considerations: The proposed ordinance would accomplish the recommendation of the Green Ribbon Committee by amending City Code Section 30-59 to add the foregoing requirement. . Public Information: A public hearing has been advertised for November 25th in addition to the normal advertising of agenda items. The ordinance has also been included in the briefings provided to the City Council on the recommendations of the Green Ribbon Committee. . Recommendations: Adoption of ordinance . Attachments: Proposed ordinance Recommended Action: Adoption of ordinance Submitting Department/Agency: Planning Departm City Manager: ~ L ~ h6"'L. 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 30-59 OF THE CITY CODE, PERTAINING 3 TO EROSION AND SEDIMENT CONTROL SITE 4 STABILIZATION 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Selction 30-59 of the City Code, pertaining to erosion and sediment 11 control site stabilization requirements, is hereby amended and reordained to read 12 as follows: 13 14 Sec. 30-59. Approved plan required for issuance of grading, building or 15 l:>ther permit~; security for performance; site stabilization. 16 17 (a) Prior to the issuance of any grading, building or other permit for 18 activities involving land-disturbing activities, the applicant shall submit an 19 application with an approved erosion and sediment control plan and certification 20 that the plan will be followed. In addition, as a prerequisite to engaging in the land- 21 disturbing activity as shown on the approved plan, permit or agreement in lieu of a 22 plan, the person responsible for carrying out the plan or agreements in lieu of a 23 plan shall provide the name of a responsible land disturber, who will be in charge 24 of and responsible for carrying out the land-disturbing activity. Failure to provide 25 the name of a responsible land disturber prior to engaging in land disturbing 26 activities may rHsult in revocation of the plan approval, and the person responsible 27 for carrying out the plan shall be subject to the penalties provided in this article. 28 29 However, the planning department may waive the requirement for an 30 agreement in liE~u of a plan for construction of a single-family residence to provide 31 the name of a responsible land disturber. If a violation occurs during the land- 32 disturbing activity, then the person responsible for carrying out the agreement in 33 lieu of a plan s.hall correct the violation and provide the name of a responsible 34 land disturber. Failure to provide the name of a responsible land disturber shall be 35 a violation of this article. 36 37 ( c) Prior to the issuance of a certificate of occupancy. whether 38 temporary or pl3rmanent. or the final release of any permit authorizino a land- 39 disturbino activity. all disturbed or denuded areas shall be stabilized in 40 accordance with the Viroinia Erosion and Sediment Control Law and Reoulations 41 bv such methods as. but not limited to. temporary seedino. permanent seedino, 42 soddino or soil stabilization blankets and mattino. Failure to stabilize the site prior 43 to occupancy shall be a violation of this article. 44 45 46 COMMENT 47 48 The amendment adds a provision to the Erosion and Sediment Control Ordinance 49 specifically requiring that all disturbed or denuded areas on a site be stabilized prior to the final 50 release of any land disturbing activity permit or the issuance of a temporary or permanent 51 certificate of occupancy. 52 53 The amendment is one of the recommendations of the Green Ribbon Committee. - APPROVED AS TO LEGAL SUFFICIENCY: Ci~({f~tP//;W: CA-1080 November 13, 2008 R-2 2 , I" ,.a~~~"'~ ,t:~~~.s<i}b f'Pt~,... .,,'~~, [t.. ,~... \7., /j '~' .' >) ('~' ,) (".~-' 1) Ll'~~' :/1 i..... ,,~..,.,,~..r ............- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 21-354 and 21-359 of the City Code Pertaining to Residential Parking Permits MEETING DATE: November 25,2008 . Background: In June 1992, City Council created a Residential Parking Permit Program ("RPPP") for oceanfront residents to reduce night time traffic congestion in public streets within residential neighborhoods, The RPPP involves the issuance of decals for residential, business and guest parking permits. Fees are charged for business parking permits and annual guest permits, but not for the first two residential parking permits or for temporary guest permits. Currently, there is no limit on the number of residential, guest, or temporary guest parking permits that may be issued to each residential household. (Note: Section 21-351(b) of the City Code defines "residence" as a single-family dwelling or a dwelling unit, as defined in Section 111 of the City Zoning Ordinance). With the increased density of housing in the City, it is imperative that limits be set on the number of parking permits issued per residence. This ordinance proposes (1) to establish a limit of four residential parking permits per residence per year, two annual guest parking permits per residence per year, and ten temporary guest parking permits per residence per week; (2) to increase the current annual business parking permit fee from ten dollars ($10.00) each for the first five (5) permits issued and twenty dollars ($20.00) for each additional permit, to twenty five dollars ($25.00) per annual business parking permit; and (3) to require business owners to present a current valid business license at the time the business owner requests annual business parking permits. . Considerations: Limiting the number of vehicles parking in the RPPP area will improve congestion in the neighborhoods adjacent to the Resort Area with minimal impact on the residents. RPPP parking permit fees were intended to support the cost of procuring and issuing annual parking decals and permits. While the cost of permits and staff has risen dramatically since the beginning of the RPPP, the fees have remained unchanged since December 1994. The small increase in the annual business parking permit fee will provide additional funding to support the current cost of the program. The Virginia Beach Hotel Motel Association, Virginia Beach Restaurant Association, Lakewood Civic League, Shadowlawn Civic League, and Resort Beach Civic League approved and endorsed the changes proposed by this ordinance. . Public Information: Public information will be handled through the normal agenda process. . Recommendations: Approval of ordinance . Attachments: Ordinance Submitting Department/Agency: Convention and Visitors Bureau ~ f: City Manage~L. ~1SY"1. 1 AN ORDINANCE TO AMEND SECTIONS 21- 2 354 AND 21-359 OF THE CITY CODE 3 PERTAINING TO RESIDENTIAL PARKING 4 PERMITS 5 6 SECTIONS AMENDED: 9921-354 AND 21-359 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGIINIA: 10 11 That Sedions 21-354 and 21-359 of the Code of the City of Virginia Beach, 12 Virginia, are he!reby amended and reordained to read as follows: 13 14 Sec. 21-354. Permits generally. 15 16 (a) Following the designation of a residential permit parking area by the City 17 Manager or his designee, the City Treasurer shall issue annual residential parking 18 permits for the area so designated. One (1) permit shall be issued, upon application and 19 payment of the prescribed fee, if applicable, for each motor vehicle owned by a person 20 residing on a street within the residential permit parking area, or on a street within a 21 residential arec:1 that is contiguous to the residential permit parking area as specified in 22 subsection (b). .23 24 (b) An applicant for a permit shall present his motor vehicle registration and 25 operator's license with the application. No permit shall be issued in the event either the 26 registration or operator's license shows an address not within a designated residential 27 permit parking area, unless the applicant demonstrates to the satisfaction of the City 28 Treasurer that he is, in fact, a resident of such area, or that he is a resident of a 29 residential area which is contiguous to a designated residential permit parking area and 30 in which neithElr off-street nor nonmeter-regulated on-street parking is available. Any 31 applicant who is a resident of such a contiguous residential area shall, upon receipt of a 32 permit issued hereunder, be permitted to park in t~e designated residential permit 33 parking area. Registered residential parking permit holders may obtain annual or 34 temporary guest passes by applying to either the city treasurer's office or the city's 35 parking systems management office. Temporary guest passes shall be issued and 36 validated for up to seventy-two (72) hours. 37 38 (c) Annual business parking permits shall be issued by the city treasurer's 39 office or the city's parking systems management office to businesses licensed to 40 operate in city meter-regulated parking areas. A current valid business license must be 41 presented by the business owner or his desianee to the city treasurer's office or to the 42 city's parkina systems manaaement office at the time a reauest is made for annual 43 business parkina permits. The number of permits issued to a single business shall be 44 limited to the maximum number of employees required to work after 8:00 p.m. or, in the 45 case of a lodging facility, the number of rooms within such lodging facility that do not 46 have on-site parking, whichever is greater. I I" 47 (d) Permits issued pursuant to subsection (a) shall not be transferable, and 48 may be revoked in the event the City Treasurer determines that the owner of the vehicle 49 for which a permit has been issued no longer resides in the residential permit parking 50 area. Upon written notification of such revocation, the holder of the permit shall 51 surrender such permit to the City Treasurer. The willful failure to surrender such permit 52 shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 53 54 (e) Permits issued pursuant to subsection (c) shall be transferable, and may 55 be revoked in the event the City Treasurer's office determines that the number of 56 permits exceeds the allowable number according to the criteria set forth in subsection 57 (c). 58 59 (f) A replacement permit shall be issued upon proof of loss, theft or damage 60 of the original permit, and payment of the replacement fee prescribed in Section 21-359. 61 62 63 64 Sec. 21-359. Fees. 65 66 Fees required under this Division shall be as follows: 67 68 (a) For an annual residential parking permit, no fee for the first two (2) permits 69 issued for a single residence, and five dollars ($5.00) for each additional 70 permit. No more than four (4) residential oarkinQ oermits shall be issued 71 oer year oer residence. 72 (b) For an annual business parking permit, ten dollars ($10.00) each for the 73 first five (5) permits issued, and twenty dollars ($20.00) for eaoh additional 74 permit twenty-five dollars ($25). 75 (c) For a replacement business parking permit, twenty dollars ($20.00). 76 (d) For an annual or replacement guest permit, two dollars ($2.00). No m0re 77 than two (2) annual Quest oermits shall be issued oer year oer residence. 78 (e) For a temporary guest permit, no fee. No more than ten (10) temoorary 79 ouest oermits shall be issued oer week oer residence. The citv's oarkino 80 systems manaoement office may consider requests for more than ten (10) 81 temoorary Quest oermits oer week oer residence on a case-bY-case 82 basis. 83 Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFfIC~~_~5?~ ;;Z?~ ~ City Attorney's 0 ce CA 10905 R-2 November 13, ~!008 , I" , ~"~I'~~~';' /I~. - :-."', \~,~:-- : .J ....\...:" "'" ~.\,o":;"" ........vv "" CITY OF VIRGINIA BEACH AGENDA ITEM ~ ~ ITEM: AN ORDINANCE TO AMEND CHAPTER 5 (ANIMALS AND FOWL) OF THE CITY OF VIRGINIA BEACH BY ADDING A NEW SECTION 5-20, PROHIBITING THE FEEDING OF WILDLIFE ON CITY PROPERTY MEETING DATE: November 25,2008 . Background: The Green Ribbon Committee Report recommendation is to "Amend the City Code to prohibit feeding of wildlife". . Considerations: Water quality is significantly affected by wildlife; recent estimates indicate that over 30% of the bacterial level related to fecal coli form is due to wildlife. A variety of educational efforts have been implemented through the City and a partnership formed with non-profit organizations including, the City of Virginia Beach, Department of Parks and Recreation, Virginia Beach SPCA, People for the Ethical Treatment of Animals (PETA), Wildlife Response, Inc., Lynnhaven River Now and Humane Society of United States (HSUS). This partnership continues to support public education which explaining that feeding wildlife does not help, and in fact, harms them. The ordinance addresses prohibition of feeding of wildlife on city property only; there is no intention of this ordinance to regulate feeding of wildlife on private property. In addition, posting of signs advising of the ordinance and a verbal warning are required for enforcement of the ordinance. . Public Information: An extensive pubic information program has been established through non-profit organizations and city efforts to advise the public through presentations to home owner and community organizations, workshops, newsletters and educational brochures. In addition, this item has been part of the ongoing effort to communicate the recommendations of the Green Ribbon Committee Report, accepted by City Council December 4,2007. . Alternatives: As an alternative to the ordinance, continuing education and voluntary compliance could.be considered. . Recommendations: Adopt the recommended ordinance which defines wildlife and addresses prohibition of feeding only on public properties. Posting of signs will be required to enforce the ordinance; warnings will be issued prior to a summons; and, the first fine will not exceed $25. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation ~ City M.n.ge~:' IL.. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO AMEND CHAPTER 5 (ANIMALS AND FOVVL) OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING A NEW SECTION 5-20, PROHIBITING THE FEEDING OF WILDLIFE ON CITY PROPERTY Section Added: City Code Section 5-20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 5 of the City Code is hereby amended by the addition of a new Section 5-20, prohibiting the feeding of wildlife on City property, to read as follows: Sec. 5-20. Feeding wildlife on publicly-owned property. 16 17 18 19 20 21 22 (a) It shall be unlawful for any person to feed any wildlife on publicly-owned property within the City: provided. however. that no violation shall be deemed to occur unless siqns qivinq notice of the prohibition set forth in this section are posted in a conspicuous location upon the property and a law enforcement officer has provided a prior warninq that continued feedinq of wildlife will result in a violation of this section. (b) For purpose of this section: 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1.1) "Wildlife" shall include all species of wild animals. wild birds. freshwater fish and all domestic. non-native. native or miqratory waterfowl. ~) "Feed" shall mean to qive. place. expose. deposit. distribute or scatter any edible material with the intention that such material be consumed by wildlife. (c) A violation of this section shall constitute a civil infraction punishable by a fine in an amount not to exceed twenty-five dollars ($25.00) for a first violation and fifty dollars ($50.00) for each successive violation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2008. COMMENT The ordinance makes it unlawful, as a civil infraction rather than a criminal offense, to feed wildlife on publicly-owned property. No violation occurs unless signs giving notice ! i I , I" of the prohibition are posted in a conspicuous location upon the property and a law enforcement officer has provided a prior warning that continued feeding of wildlife will result in a violation. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY CA10812 November 12, 2008 R-4 Ion ..... ~~_/ City Attorney's Office 2 I ; , II , &fi'~~#~b fl J: ", ~u _ >) \:0; iJ I.( .~ fj ~~'" ",Ii ..",,,:;J./ '-"",-,-- "'" \. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance (1) approving modifications to the Beacon Exchange Agreement, (2) appropriating funds to finance the Beacon Exchange and (3) authorizing the Development Authority to utmze EDIP Funds for the Beacon Exchange MEETING DATE: November 25,2008 . Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. In 1999, the City Council adopted the Central Business District - South Tax Increment Financing District with the intent of entering into an agreement with. a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer") . On June 3, 2003, the City Council approved the Phase II Development Agreement containing the rights and obligations of the Authority and the Developer with respect to Phase II of the Project. On September 13,2005, the City Council approved Phase III of the Town Center, and on June 13, 2006, the City Council approved the First Modification to the Phase III Development Agreement. On July 17, 2007, the City Council approved the Second Modification to the Phase III Development Agreement to, among other things, approve the acquisition by the Authority of Block 2 of the Project, site of the Beacon Building, from Commonwealth Building Company, Inc. ("CBC") in exchange for (a) 15,000 square feet of improved office space in the Block 7 West Retail Space (with the shell unit valued at $1,680,000 and $945,000 worth of improvements), (b) a $1,635,000 cash payment, (c) five parking spaces in the Block 7 Parking Garage, and (d) a $300,000 EDIP award to cover moving expenses (collectively, the "Beacon Exchange"). This item was deferred for one week on November 18, 2008. . Proposed Modifications: The actual build-out costs for the 15,000 square feet are higher than initial estimates, and the City and CBC now desire to amend the terms of the Beacon Exchange to increase the amount paid by the Authority to improve the 15,000 square feet of office space in the Block 7 West Retail from $945,000 to $1,476,329. Due to changes in economic conditions, the funding source for the exchange must be modified to (i) aluthorize the Development Authority to fund the additional build-out costs ($531,329) from its Economic Development Investment Program ("EDIP"), and (ii) appropriate $4,:260,000 from the Central Business District - South (TIF) fund (the "TIF") to the Authority to pay the residual cost of the exchange. The TIF funds will be repaid upon the sale of Block 2 to the Developer. Previously, under the July 2007 Agreement, the Developer was funding the initial exchange costs (except EDIP funds) with the Authority repaying those costs upon purchase of the Block 2 parking structure. . Considerations: Acquisition of Block 2 of the Project by the Authority is critical to the long-teml success of the Project. The requested amendments are the result of extended negotiations between the City and representatives of CBC. . Public Information: Public information for this item will be handled through the normal Council agenda process. . Alternatives: The Phase III Documents reflect the City's on-going commitment to the long-term priority of developing a Town Center for the City. Acquisition and development of the Block 2 Property are consistent with those goals. There are other alternatives to Eixpanding development of the Central Business District. However, few if any alternativesi accomplish Council's stated goals for the area or provide the level of quality proposed. . Attachments: Ordinance Recommended! Action: Approval Submitting DeI)artmentlAgency: Economic Development City Manager: (~<,].( -~ a<"l. ; II 1 AN ORDINANCE (1) APPROVING MODIFICATIONS 2 TO BEACON EXCHANGE AGREEMENT, (2) 3 APPROPRIATING FUNDS TO FINANCE THE 4 BEACON EXCHANGE AND (3) AUTHORIZING THE 5 DEVELOPMENT AUTHORITY TO UTILIZE EDIP 6 FUNDS FOR THE BEACON EXCHANGE 7 8 WHEREAS, by Ordinance No. 2896F adopted September 13, 2005, after 9 finding that Phase III of the Town Center Project will stimulate the City's 10 economy, increase public revenues, enhance public amenities, further the City's 1 I development objectives for the Central Business District and provide necessary 12 components to further the goals contained in the City's "Guidelines for Evaluation 13 of Investment Partnership for Economic Development," the City Council (a) 14 approved development documents for Phase III of the Project (the "Phase III 15 Project Documents"), (b) requested that the City of Virginia Beach Development 16 Authority (the "Authority") approve and execute the Phase III Project Documents, 17 and (c) authorized the City Manager to execute a Support Agreement between 18 the City and the Authority supporting the Authority's obligations contained in the 19 Phase III Project Documents; 20 21 WHEREAS, by Ordinance No. 2995G adopted July 17,2007, after finding 22 certain proposed refinements and modifications to the Phase III Project 23 Documents would enhance the Project, City Council approved the Second 24 Modification to the Phase III Project Documents; 25 26 WHEREAS, a component of the Second Modification of the Phase III 27 Agreement provided for the Authority to acquire the Beacon Property, known as 28 Block 2 in Town Center, from Commonwealth Building Company, Inc. ("CBC"). 29 30 WHEREAS, The Authority and the Project Developer have negotiated an 31 exchange transaction under which CBC would transfer of Block 2 to the Authority 32 in exchange for (a) 15,000 square feet of improved office space in the Phase III 33 Block 7 West Retail, (b) a $1,635,000 cash payment, (c) five parking spaces in 34 the Block 7 Parking Garage, and (d) up to $300,000 in moving expenses in the 35 form of an Economic Development Investment Program ("EDIP") award to CBC 36 (collectively the "Beacon Exchange"); 37 38 WHEREAS, the Beacon Exchange is evidenced by an agreement and 39 supporting documents among the Authority, CBC and the Developer (collectively 40 the "Beacon Exchange Documents"); 41 42 WHEREAS, the preliminary cost estimates for the improvements to the 43 15,000 square feet of office space in the Block 7 West Retail have changed, and 44 the City Council desires to amend the terms of the Beacon Exchange Documents 45 to increase the amount paid by the Authority for those improvements by 46 $531,329 from $945,000 to $1,476,329 (the "Added Build-Out Costs"); 47 48 WHEREAS, when City Council originally approved the Beacon Exchange, 49 the Developer agreed to provide the Authority with the necessary funding to 50 complete the Beacon Exchange. The Developer has informed the City that due 51 to changing financial conditions it is now unable to provide that financing; 52 53 WHEREAS, to fund the Added Build-Out Costs ($531,329), the City 54 Council desires to authorize the Authority to utilize funds from the Authority's 55 EDIP; 56 57 WHEREAS, to fund the remaining $4,260,000 necessary to complete the 58 Beacon Exchange, City Council desires to appropriate $4,260,000 from the 59 Central Business District - South (TIF) Fund ("TIFn); 60 61 WHEREAS, the City Council desires to refund the TIF in the amount of 62 $4,260,000 from the proceeds of the sale of Block 2. 63 64 NOV\l, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 65 OF VIRGINIA BEACH, VIRGINIA: 66 67 1. The City Council hereby approves the modification to the Beacon 68 Exchange Documents by: 69 70 a. authorizing the Authority to utilize an additional $531,329 in 71 funds from its EDIP to fund the added build-out costs portion of the Beacon 72 Exchange, aind 73 74 b. appropriating $4,260,000 from the Central Business District 75 - South (TIF) Fund for the balance of funds needed for the Beacon Exchange not 76 funded from the EDIP. The $4,260,000 appropriated herein shall be refunded to 77 the TIF from the proceeds from the sale of Block 2. 78 79 2. On behalf of the City of Virginia Beach, the City Manager and the 80 City Attorney are hereby authorized and directed to proceed with the preparation 81 of any documents necessary and appropriate to implement the modification of 82 the Beacon Exchange Documents (the "Beacon Exchange Modification 83 Documents") consistent with the provisions herein. 84 85 3. The City Manager, or his designee, is authorized to execute and 86 deliver any Beacon Exchange Modification Documents to which the City is a 87 necessary party, so long as such Beacon Exchange Modification 'Documents are 88 consistent with the provisions herein and such other terms and conditions 89 deemed necessary and sufficient by the City Manager and in a form deemed 90 legally sufficilEmt and satisfactory by the City Attorney. 91 I II 92 4. The City Council requests and recommends that the Authority 93 adopt a Resolution consistent with this Ordinance approving and authorizing the 94 execution of the Beacon Exchange Modification Documents, utilizing EDIP funds 95 to fund a portion of the Beacon Exchange, and authorizing the execution of any 96 documents necessary for the implementation of those transactions as are 97 consistent with the provisions herein. 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the 100 day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL AVAILABILITY OF FUNDS Q-kl~()~ Finance Department ~~ Economic Development CA10768 v :\applicalions\citylawprod\cycom32\ Wpdocs\D021 1P004\OOO70338.DOC R-1 11/18/08 I II ,r;~~'>lIA:~~, ~9'rr~. 10~) t::t ' \10' iJ ;>') C...."..~. .) ~~' -':'c- 1> '>.,... W' .,~. . ..- ..~ "'-~.:: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Affirming Authorization to Pick-Up Employees' Contribution to VRS for the City of Virginia Beach MEETING DATE: November 25, 2008 . Background: City Council in its FY 1978 budget ordinance approved picking up 100% of employees' contributions for retirement through the Virginia Retirement System ("VRS"). The Internal Revenue Service recently issued a Revenue Ruling that requires all local governments nationwide to demonstrate "formal authorization" of their pick-up plans. The attached resolution, which VRS has approved as to form, meets the requirements of the recent IRS Revenue Ruling. . Considerations: Regardless of whether this resolution is adopted, the City is obligated to continue to pick up its employees' VRS contributions. Failure to approve the resolution, however, could reverse the favorable pre-tax treatment of thE City's contributions on behalf of its employees, which could impose significant additional multi- year reporting and record keeping burdens on the City and also could subject City employees to additional tax liabilities. (See attached VRS Letter of November 7,2008) . Public Information: Provided as part of the normal agenda process. . Recommendations: Adopt the attached Resolution to affirm the City of Virginia Beach's intention to establish and maintain a pick-up arrangement for member contributions to VRS. This Resolution is an administrative issue or housekeeping issue only to meet IRS requirements. Recommended Action: Approval Submitting Department/Agency: Finance ~ City Manager:~~ lL-, ~~ 11 Vugil1lia . Retire:ment ~ Systeln p.o. Box 2500, Richmond, Virginia 232182500 Toll free: 1-888- Vc\RETIR (827-3847) \'V'eb site: www:varetire.org E-mail: vrs@varetire.org November 7, 20013 P PHILLIPS, DIRECTOR OF FINANCE CITY OF VIRGINIA BEACH FINANCE DEPT BLDG 1, ROOM 202 VIRGINIA BEACH, VA 23456 Dear P PHILLIPS: In July, the Virgini.3 Retirement System (VRS) sent letters to employers advising that the Internal Revenue Service (IRS) issued Revenue Ruling 2006-43 requiring governmental employers to demonstrate "formal authorization" of their pick-up plans for member contributions and pre-tax purchase of service. So far, VRS has not received any resolutions from your governing body. Passage of the resolutions and submission to VRS by December 1, 2008 is essential in ensuring compliance with the IRS regulations by January 1, 2009. VRS has enclosed tile resolution(s) that your governing body needs to approve and have on file with VRS. If your governing body needs to pass resolutions for the pick-up plans for member contributions and pre-tax purchase of service, both are enclosed. If your governing body needs to pass only one of thE!se, then that resolution is enclosed. If you represent a school board, you may receive as many as four resolutions, which would cover the needs of your administrative and non- administrative employer codes. Although your governing body may have enacted such resolutions in the past, you must reaffirm your current practiCE! of picking up member contributions and/or offering purchase of prior service on a pre-tax basis. Oncle the governing body passes the resolution, please date the resolution with the date the governing body passed the resolution and send it to VRS promptly. Failure to submit a msolution to VRS could reverse the favorable tax treatment of your employees' member contributions. This could result in significant additional multi-year reporting and record keeping burdens on E!mployers, as well as additional tax liabilities for employees. Fees or penalties that may be imposed for non-compliance in future IRS audits for improper documentation of the 414(h) pre-tax "pick-ups" as outlined in IRR 2006-43 will be the responsibility of the employer if the employer did not act within the time frame to receive transition relief for pre-existing "pick-up" plans. If, after you review this letter, you have additional questions, VRS stands ready to assist you. Please contact Ben Howard at VRS, by telephone at (888) 827-3847, extension 6686, or by email at bhoward(d)varetire.orq. He can provide you with additional information and fillable resolutions to prepare for your governing body. VRS and its participating employers must strive to maintain continuous compliance with IRS regulations and rulings. Thank you for your prompt attention to this very critical matter. Sincerely, ~{J~ Robert P. Schultze Director, Virginia RetirE!ment System Enclosure (Resolutions) An Independent Agency of the Commonwealth of Virginia , II 1 A RESOLUTION AFFIRMING AUTHORIZATION TO PICK- 2 UP EMPLOYEES' CONTRIBUTION TO VRS FOR THE 3 CITY OF VIRGINIA BEACH 4 5 WHEREAS, the City of Virginia Beach in the FY 1978 budget approved of the 6 City assuming 100% of the retirement costs for City employees; 7 8 WHEREAS, the City of Virginia Beach has consistently since 1978 provided its 9 employees with tax deferral pursuant to 9 414(h) of the Internal Revenue Code with 10 respect to their member contributions to the Virginia Retirement System (referred to as 11 VRS) by picking up member contributions to VRS; and 12 13 WHEREAS, VRS keeps track of such picked up member contributions, and 14 treats such contributions as employee contributions for all purposes of VRS; 15 16 WHEREAS, the Internal Revenue Service in Revenue Ruling 2006-43 has 17 provided transition relief for existing pick up arrangements provided that an authorized 18 person takes formal action to evidence the establishment of the pick-up arrangement no 19 later than January 1, 2009. 20 21 WHEREAS, in order to avail itself of the protection given under Revenue Ruling 22 2006-43, the City of Virginia Beach desires to affirm its intention to establish and 23 maintain a pick-up arrangement through formal action by its governing body. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA; 27 28 That the existing member contribution pick-up arrangement is hereby affirmed as 29 it relates to salary reduction elections in effect prior to the date of this Resolution; and it 30 is further resolved that: 31 32 1. Effective the first pay day on or after November 25, 2008, the City of Virginia 33 Beach shall pick up member contributions of its employees to VRS, and such 34 contributions shall be treated as employer contributions in determining tax treatment 35 under the Internal Revenue Code of the United States; 36 37 2. Such contributions, although designated as member contributions, are to be 38 made by the City of Virginia Beach in lieu of member contributions; 39 40 3. Pick up member contributions shall be paid from the same source of funds as 41 used in paying the wages to affected employees; 42 43 4. Member contributions made by the City of Virginia Beach under the pick up 44 arrangement shall be treated for all purposes other than income taxation, including but 45 not limited to VRS benefits, in the same manner and to the same extent as member 46 contributions made prior to the pick up arrangement; 47 48 5. Nothing herein shall be construed so as to permit or extend an option to VRS 49 members to ft9ceive the pick up contributions made by the City of Virginia Beach directly 50 instead of having them paid to VRS; and 51 52 6. Notwithstanding any contractual or other provisions, the contributions of each 53 member of VRS who is an employee of the City of Virginia Beach shall be picked up 54 using the method under which the employer will pay the employee's statutorily required 55 contributions to VRS and the salary will not be modified. 56 Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008 day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~Ci~O .Qili4l' Finance Department JJ~ ~- cl City A rney's Office CA 10883 R-3 November 14, 2008 NI l City Property Excess City Property ')~ ~. /'w / -~<"" ./ "<t:j ,/ W' /tr,/" / j1Jr ,;/ I ;:wi I~"'/ ;ff: // //~>/ /~ / ,/' ,,"'.// i J/ -:// ."";' '0;,"-, '<""';.- '''''<",-",,,,,,",, ">" "~.~ '~,.~ ~<::~>-:':~:;~~. ''''.".... ''::''''::--~ '''-;'-' "', '''''''''.:~' '~.,'.;:; ''''", Legend /. ...,.//" " . ., / ,',~ ......." ,,>~, ------~ .:;;., ----- "'':'" -~6-1\ 0/ I, a lOCATION MAP ~ EXCESS CITY OWNED PROPERTY Dfli. PRINCESS ANNE ROAD & S. INDEPENDENCE BLVD. .~ GPIN 1485-16-9065 o 200 400 800 j D q W '"" \~\~ IJ . c ~~Feetn ::~ ~ 0_ .~"" PWIEng.lEng Sup,ort ..,vi"" Bu",au 8124106 X,IProiacts\ARC Files\Agenda ",ap.IPA-S. Indepandenc' .I J' i/' ;':/ I II ITEM: An Ordinance Declaring the Property Located at the Northwest Corner of Princess Anne Rd. and S. Independence Blvd. to be in Excess of the City's Needs and Authorizing the City Manager to Sell the Property to Tailwind Development Group, LLC MEETING DATE: November 25, 2008 . Background: Tailwind Development Group, L.L.C. ("Tailwind") proposes to acquire City-owned property (the "Property") located at the northwest corner of Princess Anne Road and S. Independence Boulevard (GPIN 1485-16-9065). The City acquired title to the Property from Green Run Corp. of Virginia Beach by Deed dated January 7, 1983. The City paid $128,500 to acquire the Property for a future planned interchange, which has since been deleted from the Master Transportation Plan. A portion of the site has been used for road purposes. A Request for Proposals (the "RFP") was advertised on two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Any interested parties had thirty (30) days to submit a proposal. The City received two responses. In its response to the RFP, Tailwind offered the City the greater of (a) $350,000 per acre or (b) $1,487,500. The exact acreage of the Property will be determined when a survey has been completed. It is believed to be between 3 and 4.25 acres. . Considerations: The Excess City Owned Real Property Committee reviewed Tailwind's proposal and recommended that City Council declare the Property in excess of the City's needs and sold to Tailwind. Tailwind's proposed Class-A office building meets or exceeds the criteria as requested in the RFP, and City staff recommends that Tailwind be selected to purchase the Property. . Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. . Alternatives: Approve the sale of the Property as submitted, re-advertise the RFP, or retain ownership of the Property. . Recommendations: Declare the Property in excess of the City's needs, approve the sale of the Property to Tailwind and authorize the City Manager to execute all documents necessary to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be Hatisfactory to the City Council. . Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estat4~ t! t2{.,,~ City Manage~~~ k ' ~~ I II 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT THE NORTHWEST CORNER OF 4 PRINCESS ANNE RD. AND S. INDEPENDENCE 5 BLVD. TO BE IN EXCESS OF THE CITY'S NEEDS 6 AND AUTHORIZING THE CITY MANAGER TO SELL 7 THE PROPERTY TO TAILWIND DEVELOPMENT 8 GROUP, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 11 parcel of land located at the Northwest corner of Princess Anne Road and S. 12 Independence Blvd. (GPIN 1485-16-9065) (the "Property"), more particularly described 13 on Exhibit "A" attached hereto; 14 15 WHEREAS, the City acquired the Property to develop a planned future 16 interchange, which has since been deleted from the Master Transportation Plan; 17 18 WHEREAS, a Request for Proposals ("RFP") was advertised on two consecutive 19 Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website; 20 21 WHEREAS, Tailwind Development Group, L.L.C. ("Tailwind") was one of two 22 bidders on the RFP; 23 24 WHEREAS, the Excess City Owned Real Property Committee has 25 recommended that City Council declare the property in excess of City's needs and sold 26 to Tailwind; 27 28 WHEREAS, Tailwind will construct a Class-A professional office building on the 29 Property; 30 31 WHEREAS, the City Council is of the opinion that the Property is in excess of the 32 needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the Property is hereby declared to be in excess of the needs of the 38 City of Virginia Beach and that the City Manager is hereby authorized to execute any 39 documents necessary to convey the Property to Tailwind in substantial conformity with 40 the Summary of Terms attached hereto and such other terms and conditions deemed 41 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 42 City Attorney. 43 44 2. That the funds received from the sale of the Property shall first be 45 applied to any reimbursements due to the state, if applicable, and the balance to be 46 placed in the Various Site Acquisitions Fund (CIP 3-368). 47 48 This ordinance shall be effective from the date of its adoption. 49 50 51 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~~~ in I" f ~..K Ls TATe: A 6c-,:Je C' ~~J-lt" CA10770 V :''''i>Plicationsleitylawprodlcye"m321 WpdocslDO 13\P004100072266.DOC R-1 11/20/2008 day I II EXHIBIT A ALL THAT certain tract, piece of parcel of land together with any improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PARCEL E-3 AREA = 4.250 ACRES" on that certain plat entitled "GREEN RUN P.U.D. SUBDIVISION SECTION E-3, PART 5 KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", signed by W. Page Cockrell, Land Surveyor, on November 29, 1982, prepared by Talbot & Associates, Ltd., Engineers-Architects-Planners- Surveyors, Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 163, at page 17, reference to which plat is hereby made for a more particular description of said property. LESS AND EXCEPT all such areas currently put to public use as right- of-way for Princess Anne Road and S. Independence Blvd. (to be formally established prior to sale) and all such areas to be established as right-of-way (as described in the Request For Proposals). LESS AND EXCEPT the utility and drainage easements described in the Request for Proposals. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed of Green Run Corp. of Virginia Beach, dated January 7, 1983, duly recorded in the aforesaid Clerk's Office in Deed Book 2242, at page 1585. GPIN 1485-16-9065 SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT PRINCESS ANNE ROAD AND S. INDEPENDENCE BOULEVARD SELLER: City of Virginia Beach PURCHASER: Tailwind Development Group, L.L.C. PROPERTY: Portion of GPIN: 1485-16-9065. Located at the northwest corner of Princess Anne Road and S. Independence Blvd. See attached location map and ExhibifA to the Ordinance. SALE PRICE: The greater of: (a) $350,000 per acre or (b) $1,487,500. BUYER'S OBLIGATIONS PRIOR TO CLOSING: . J:;~e-zone the property to 0-1. . Submit a site plan for review and approval by the Planning Department. . Submit a survey of the Property to the City Surveyor for review and approval to determine exact acreage of the Property. EASEMENTS TO BE RESERVED: . Public Utility Easement - a minimum of thirty (30) feet in width over an existing water main line, the exact size and location of which to be determined by City. . Public drainage easements for four (4) existing drainage structures, the exact size and location of which to be determined by City. OTHER TERMS: . Property to revert back to City if construction of a Class A office building is not commenced within one (1) year after closing or completed within three (3) years after closing. . Deed to include a deed restriction that limits re-zoning of the Property to no higher than 0-1. , II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to transfer $231,000 in Reserve for Contingencies within the Department of Housing and Neighborhood Preservation's FY 2008-09 Operating Budget MEETING DATE: November 25,2008 Background: The Department of Housing and Neighborhood Preservation (DHNP) receives Federal HOME funds for the purpose of supporting the creation and/or rehabilitation of permanent affordable housing. In August 2007, due to Council concerns with the Habitat for Humanity Project, $231,000 was placed into reserves until these concerns had been resolved. This has been resolved, with the pending agreement for a "land swap" to provide Habitat with a total of six lots, including three that are being provided today as part of the Council agenda. Considerations: These three sites are considered acceptable by Habitat and are the only ones available at this time. The funding will be used by Habitat to reduce the cost of these three and other housing in the future. Public Information: The provision of funding to Habitat to assist them with the affordability of their housing is not considered to be controversial and, therefore, the normal Council agenda process should be sufficient public information. Alternatives: The funding was previously made available to Habitat but was restricted until an alternative to the old project was found. Therefore, provision of this funding serves to complete a prior commitment. . Recommendation: Approval of the attached ordinance Attachments: Ordinance Recommended Action: Approv ' Submitting Department/Agency: D artment of Housing and Neighborhood Preservation City Manager: ~ h ~ 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE FY 2008-09 BUDGET OF THE DEPARTMENT 3 OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $231,000 is hereby transferred from the FY 2008-09 Department of Housing 11 and Neighborhood Preservation's Reserve for Contingencies to its Operating Budget 12 for the purpose of supporting the creation and/or rehabilitation of permanent, affordable 13 housing. 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. 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INJ ).~ .,..~...... ,.'/ '....'"'" l ,,/ ~~-J/' "'/-....".... / ,:.-/ ~/ CD C) in i?; C) ::J m ~ ::J IIi >-. t:: (l) Q.. 1=1 ct ::::- <::5 to (1:. '-' C: (l) CD t:: o Ct. Ct. ::J CD 0'1 C ~ 0', C W ~ CI.. >- .n 'D a) ro Ct. ~ CI.. I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring certain properties located at 5069 Indian River Road, 2056 Salem Road and 2058 Salem Road to be in excess of the City's needs and authorizing the City Manager to exchange same to Habitat for Humanity for property located at Zurich Arch. MEETING DATE: November 25, 2008 . Background: In lieu of Habitat for Humanity ("Habitat") developing property that it owns at Zurich Arch (the "Zurich Arch Property"), the City of Virginia Beach ("City") has proposed a land exchange. Specifically, the City purposes to exchange three City-owned properties located at 5069 Indian River Road, 2056 Salem Road, and 2058 Salem Road for the Zurich Arch Property, which will support six (6) new townhouses. At a later date, the City agrees to convey three (3) additional qualifying sites to Habitat, the location of these additional sites to be determined (the "Future Sites"). The two parcels on Salem Road are adjacent lots. The other parcel is located on Indian River Road. All three of these parcels are unimproved lots. . Considerations: The three City-owned parcels were originally acquired as residual land for road project acquisitions and are not needed for public purposes. The parcels have been maintained by the City and are in excess of the City's needs. The Zurich Arch Property is wooded and requires little to no maintenance. Staff recommends that Council approve the exchange of properties. The proposed exchange contemplates the City will convey six (6) building sites in exchange'for the 6-unit Zurich Arch Property. Habitat would like to proceed with the acquisition of the Property now, even though the Future Sites have not been identified, in order to begin construction of needed housing. The conveyance of the Future Sites, when identified, will come back for action by City Council at a later time. . Public Information: Advertisement for public hearing as required by law and advertisement of City Council agenda. . Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. . Recommendations: Approved the request as presented. . Attachments: Ordinance, Summary of Terms, and Location Map. Recommended Action: Approval ~~ v--- Submitting Department/Agency: pu~~ / Real Estate J-O Housing and Neighborhood Preservation City Manager?~ k'93~ ; II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE DECLARING CERTAIN PROPERTIES LOCATED AT 5069 INDIAN RIVER ROAD, 2056 SALEM ROAD AND 2058 SALEM ROAD TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO EXCHANGE SAME WITH HABITAT FOR HUMANITY FOR PROPERTY LOCATED AT ZURICH ARCH WHEREAS, the City of Virginia Beach (the "City") is the owner of those certain parcels of land located at 5069 Indian River Road (GPIN: 1465-74-0925) (the "Indian River Property"), 2056 Salem Road (GPIN: 1474-98-1822) (the "2056 Salem Property"), and 2058 Salem Road (GPIN: 1474-98-1735) (the "2058 Salem Property"); WHEREAS the Indian River Property, the 2056 Salem Property and the 2058 Salem Property were each originally acquired as residual land for road project acquisitions and are not needed for public purposes. WHEREAS, Habitat for Humanity ("Habitat") is the owner of that certain parcel of land located at Zurich Arch (the "Zurich Arch Property"), which is approved for the development of six new townhouses; WHEREAS, a land exchange has been proposed whereby the City would convey the Indian River Property, the 2056 Salem Property and the 2058 Salem Property to Habitat, and Habitat would convey the Zurich Arch Property to the City; WHEREAS, the City Council is of the opinion that the Indian River Property, the 2056 Salem Property and the 2058 Salem Property are in excess of the needs of the City; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Indian River Property, the 2056 Salem Property and the 2058 Salem Property are hereby declared to be in excess of the needs of the City and that the City Manager is hereby authorized to execute any documents necessary to convey such properties to Habitat and to accept the Zurich Arch Property from Habitat in substantial conformity with the Summary of Terms attached hereto and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ~ l ~ ~CL{?)J1 Dr\'dQ~ \ llllf I~ ~ CA10772 v :\applicationslcitylawprodlcyco n321 WpdocslDO 131POO4100072312,DOC R-1 November 13. :2008 I II SUMMARY OF TERMS LAND EXCHANGE OF EXCESS PROPERTY AT INDIAN RIVER ROAD AND SALEM ROAD SELLER: City of Virginia Beach ("City") PURCHASER: South Hampton Roads Habitat for Humanity, Inc. ("Habitat") PROPERTY TO BE CONVEYED TO HABITAT: 5069 Indian River Road (GPIN 1465-74-0925), 2056 Salem Road (GPIN 1474-98-1822) and 2058 Salem Road (GPIN 1474-98-1735) (See location map) PROPERTY TO BE CONVEYED TO CITY: Zurich Arch Property (GPIN 1487-93-9540) (See location map) CONDITIONS: . The Salem Road properties driveways shall have adjacent/shared access to their individual parcels. . The Indian River Road parcel driveway shall be adjacent to the existing driveway. . At a later date, the City agrees to convey three (3) additional qualifying sites to Habitat, the location of the sites to be determined. V '\applications\citylawprod\cycomJ2\ WpdocslDO IJ\P004\OOO72JIJ .DOC IF' i 1_ Prepared by P W IEng IEllg Support Servlcer, Bure.-3:u 616/08 M J S y, \PfOlectSV,RC FlleslAgenda Maps\ CIty prope<r1y\1.474--98-1735, 1474-98-1 an MJ8 LOCATION MAP EXCESS CITY OVVNED PROPERTY (GPIN 1474-98-1735: 2058 Salem Road) (GPIN 1474-98-1822: 2056 Salem Road) K\ProJe<tSVIRC FIIe!AAgenda Maps\ cily properJv\A€tlal Of 1474-00.1735, 1414-Sa.1 en ~ ..~,\;\P, 7':.'.. f ~\,~......'\:t~"'''*.J,*,,;>: ',,; '" /i:..~" ...~ +, 'It i~~. . X} ~... ".1'.'" ...:1 :/.......tPY' ,",~~,#r " "/~:'~~l.:;':~" ~ t 9 '3.LV.lS1l3.LNl ~t:~ . .!~. 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' ----~~-------- -- I II ~~ ~wI~';~l :!f: ,> , \'Ii:. ~~ -~~; ,;. -- :!.; ~.~, f.. to.(~,' ..._"':r '-t~....."'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Lease with Kempsville Borough Boys Baseball, Inc. for Approximately 6.0 Acres of City Property at Providence Park, 952 Reon Drive, for Little League Operations MEETING DATE: November 25, 2008 . Background: Kempsville Borough Boys Baseball, Inc., more commonly known as Kempsville Pony Baseball ("KPB"), currently uses the City property located at the intersection of Princess Anne Road and Witchduck Road for its little league operations. The upcoming intersection improvements for the Princess Anne Road / Witchduck Road road projects will displace KPB from its current site. Providence Park, located at 952 Reon Drive, is currently under construction (CIP 4- 073) and is scheduled to be finished and opened for public use in Spring 2009. The City and KPB desire to enter into a lease of approximately 6.0 acres of Providence Park (the "Leased Property") in order for KPB to continue to conduct its youth baseball league operations and tournaments. The lease would become effective as of January 1, 2009, and expire on December 31,2013. Additionally, at its expense, KPB desires to construct two small press boxes immediately behind the backstops of the two new youth baseball fields (the "Press Boxes"). The two Press Boxes will be located on the Leased Property. KPB will be responsible for the maintenance, repair, and upkeep of the Press Boxes. The engineering/design plans for the Press Boxes have been reviewed and approved by City staff, and a building permit issued. KPB would pay one dollar ($1.00) per year for use of the Leased Property, and it would be responsible for the maintenance, trash removal, utilities and related services as necessary for its little league operations. After the expiration of the lease, the Press Boxes will become property of the City. . Public Information: The public hearing on this matter was advertised in the Virqinian-Pilot as required by state law. In addition, the nearby Civic Organizations and community supported the proposed lease during various Public Information Meetings for the road project. . Recommendations: City staff recommends approval of the Ordinance to authorize the City Manager to enter into a lease with KPB. Attachments: (1) Ordinance (2) Exhibit Showing Leased Property (3) Summary of Lease Terms (4) Press Box Plans Recommended Action: Approval Submitting DelpartmentlAgency: Department of Parks and Recreation City Manager: / I II 1 AN ORDINANCE TO AUTHORIZE A LEASE WITH 2 KEMPSVILLE BOROUGH BOYS BASEBALL, INC. FOR 3 APPROXIMATELY 6.0 ACRES OF CITY PROPERTY AT 4 PROVIDENCE PARK, 952 REON DRIVE, FOR LITTLE 5 LEAGUE OPERATIONS 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of Providence 8 Park, located at 952 Reon Drive in the City of Virginia Beach; and 9 10 WHEREAS, Kempsville Borough Boys Baseball, Inc., more commonly known as 11 Kempsville Pony Baseball ("KPB"), has previously used City property at the intersection 12 of Princess Anne Road and Witchduck Road for its little league operations; and 13 14 WHEREAS, due to the planned intersection improvements at Princess Anne 15 Road and Witchduck Road, KPB will be displaced from its current site; and 16 17 WHEREAS, the City is constructing Providence Park at 952 Reon Drive in the 18 City of Virginia Beach; and 19 20 WHEREAS, KPB desires to lease approximately 6.0 acres of Providence Park 21 (the "Leased Property") to continue its youth league operations and tournaments (the 22 "Lease") for the period of January 1,2009 through December 31,2013; and 23 24 WHEREAS, KPB also desires to construct two press boxes on the Leased 25 Property (the "Press Boxes"); 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Council approves the lease of approximately 6.0 acres of 31 Providence Park as shown on Exhibit A (the "Leased Property") to KPB in accordance 32 with the Summary of Terms, attached hereto as Exhibit B. 33 34 2. That KPB is authorized to construct the Press Boxes on the Leased 35 Property, so long as the Press Boxes are (i) constructed in general conformity with the 36 plans previously provided to City staff, and (ii) KPB bears all costs associated with the 37 construction and maintenance of the Press Boxes. 38 39 3. That the City Manager is hereby authorized to execute a lease on behalf 40 of the City for a term of less than five (5) years with KPB for the property identified on 41 Exhibit A, in accordance with the Summary of Terms, attached hereto, and such other 42 terms, conditions or modifications as may be acceptable to the City Manager and in a 43 form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 46 ,2008. Approved As To Legal Sufficiency: Approved as to Content: )vb t:-1'$ City Attorn 's; OffiC~ p~ CA10774 R-1 V:\applications\citylawprod\c~lcom32\Wpdocs\D013\P004\00072262,DOC November 13, 2008 I II EXHIBIT B SUMMARY OF TERMS Lease Agreement for the Use of City Property at Providence Park for Little League Operations Lessee: Kempsville Borough Boys Baseball, Inc. Term: January 1, 2009 through December 31,2013, a term of less than five years. Leased Property: Approximately 6.0 acres of the 18-acre Providence Park under construction Rent: The Leased Property will be leased to the youth baseball organization for one dollar ($1.00) per year Limited Use: Leased Property will be utilized only for the purpose of operating youth baseball leagues. Lessee will be authorized to construct two press boxes on the Leased Property. Miscellaneous: . Lessee will pay for all utilities, trash removal, and other related services as necessary for the operation, maintenance, and repair of the Leased Property . Lessee will be responsible for the maintenance of the grounds of the Leased Property . Lessee will indemnify/hold harmless the City and maintain general liability insurance coverage as required . Lessee will allow the City use and access to the Leased Property as required . Lessee will comply with all other terms and conditions of the final lease document \ s~ a.eca SfA.nO- . QJP1CATBIt AS: S t . -\_.,------_.. ' .,--f ........ __._ IdOl". ..JlGI1Iu. ~f WA 23456 , . .,-'" -'" .- ,.--,-..--....-..-.--" ""., .' '\ ,\ L n t,~ " ~ i 0 (' .,.;~a;-r......;:.r:,;r..~r;::~'-.." ~., :...,.a ,....~ ...._~ snalC"'lII:!t:J.J:' ..a . t., ~ '';a · f-~::t -:g=: '.- .. J)OI' .,1: r. . '. .~~:. . _ . . . :' C t. '.'<J,~:..23 ~~:n:"'J' _\ //. ~B l' lJ / ff ( ;:... ,~ \~1 . '1 " ;ti i~! If. tit H ~-' I at: \ 0 f: t .. \:~ \ = rJ \ ~ \.l ~ 'J ~ i1 E: II!! r. iii to a. :: Bl... 4 . oil,!"" ~ ~/.>"' + ..../ /...., . ~/ /'.. . ~/ // '/~/:0> . .!!~. .... D ., f>fo- . ~. JirJ ). c4 . ! .. \ i \ \ \ \ ! . \ I \ \ I I I I \ \ \ \ \ ->>Jl ~-- l1 --- ) ~ . .. ----- --- ... ... .. 4. -. .. .. -' -- ... - .. iii '" .. . ... " " ; II ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Less Than Five Years with FLS Corporation (Va The Nesting Box) for City-Owned Property Known as Spaces #1 and #2 in The Virginia Beach Farmers Market In The City of Virginia Beach, Virginia. MEETING DATE: November 25, 2008 . Background: FLS Corporation (Va The Nesting Box) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease Spaces #1 & #2 from the City of Virginia Beach (the "City"). . Considerations: The term of the lease is (3) years and has a sixty-day (60) termination clause in the event the City needs the property prior to the termination of the lease. For more specific terms, see attached Summary of Terms. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement or deny leasing of the space. . Recommendation: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture I f ~ City Manag~ \L ,~~ V'~pplieatiollSleityl.wprod\cycom32\ Wpdoe<\DOO1\POO4\OO07I 799.JXX: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH FLS CORPORATION (T/A THE NESTING BOX) FOR CITY-OWNED PROPERTY KNOWN AS SPACES #1 & #2 IN THE VIRGINIA BEACH FARMERS MARKET IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach ("the City") is the owner of The City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Property"); WHEREAS, FLS Corporation (t/a The Nesting Box) ("The Nesting Box") would like to enter into a new formal lease arrangement with the City for Spaces #1 & 2 in the Property (the "Premises"); , WHEREAS, the Premises will be utilized as a retail establishment of handcrafted birdhouses, bird feed and related items and for no other purpose; WHEREAS, The Nesting Box has agreed to pay the City $564 per month ($6,768 per year) for the use of the Premises for a three-year period; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of less than five (5) years between FLS Corporation (t/a The Nesting Box) and the City, for the Premises in accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory ~y the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day of APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~/ APPROVED AS TO CONTENT jJl? Department of Agriculture CA 10771 v :\applications\citylawprodlcycom32\ WpdocsIDOO7\P004\OO07180 l,DQC R-1 November 14, 2008 I II SUMMARY OF TERMS LEASE FOR SPACES #1 & #2 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: FLS Corporation (t/a The Nesting Box) PREMISES: Spaces #1 & #2 TERM: 36 months: December 1, 2008 - November 30, 2011 RENT: $564 per month ($6,768 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the retail sale of handcrafted birdhouses, bird feed and related items only and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance. . Keep Premises open from 10:00 a.m. to 5:00 p.m. Tuesday through Sunday. Lessee will not be open on Mondays. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V:\applicationslcitylawprodlcycom32IWpdocsIDOO7\P004I00071802,DQC i I! K. PLANNING 1. Application of THOMAS E., SR. and NANCY I. COGHILL, for the discontinuance, closure and abandonment of a portion of an unimproved alley right-of-way at 804 Surfside Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 2. Application of ARGOLD DAM NECK, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG-l Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDATION NOVEMBER 18, 2008 APPROV AL 3. Application of IMPRESSIVE FITNESS, LLC d/b/a ANYTIME FITNESS for a Conditional Use Permit re indoor recreational facility at 5300 Kempsriver Drive DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 4. Application of NKE ASSETS, LLC d/b/a LIGHTING VIRGINIA for a Conditional Use Permit re bulk storage at Suite 110, 596 Central Drive. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 5. Applications of the CITY OF VIRGINIA BEACH: a. 2181 and 2257 Landstown Road DISTRICT 7 - PRINCESS ANNE 1. Change of Zoning District Classification from AG-l Agricultural District to B-2 Community Business District re sports enhancement 2. Conditional Use Permit re recreational facilities RECOMMENDATION INDEFINITE DEFERRAL b. Ordinance to AMEND g4.1 of Appendix B, Subdivision Regulations, re deletion of minimum right-of-way width and minimum paved width for minor subdivision streets RECOMMENDATION APPRO V AL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, November 25, 2008, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT CITY OF VIRGINIA BEACH Application: Change of Zoning District Classification from AG-1 Agricultural to Conditional B-2 Community Business and Conditional Use Permit (recreational facilities of an indoor and outdoor nature) at 2181 and 2257 Landstown Road (GPINs 1484871819; 1484879998 . portion of; 1484869245 - portion of). Comprehensive Plan: Transition Area/Princess Anne. The purpose of this rezoning is to develop recreational facilities and retail. AICUZ is 70-75 and Interfacility Traffic Area. BEACH DISTRICT THOMAS E. COGHILL, SR. AND NANCY I. COGHILL Application: Closure of an unimproved, unnamed alley adjacent to the rear property line of 804 Surfside Avenue. AICUZ is 65-70. NKE ASSETS, LLC D.B.A. LIGHTING VIRGINIA Application: Conditional Use Permit (bulk storage) at 596 Central Drive. Suite 110 (GPIN 14967643971540). AICUZ is Greater than 75 and APZ-2. CENTERVILLE DISTRICT IMPRESSIVE FITNESS, LLC D/B/A ANYTIME FITNESS, Application: Conditional Use Permit (indoor recreational facility) at 5300 Kempsriver Drive (GPIN 1466306381). ,\ICUZ is Less than 65. CITY OF VIRGINIA BEACH Ordinance to amend Section 4.1 of Appendix B, Subdivision Regulations, pertaining to the deletion of the minimum right-of-way width and minimum paved width for minor subdivision streets. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at h!!Il.;iLwww.vbl!ov.com/pc For information call 385-4621. If fOU are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. GEOR~GE POWELL ~ / ~ 0 M"~N~ ,~t"le Thomas E. COf'hill Sr. & Nancv I. Coehill \\0::> .Jl~ ~ ~ 0{ r'9f1 W'\ J;iIt~ ~\ 'W 1ift)( l~;~-~~.7\l'"~ ~ ~~~\,'I ~~ ~'Ik~ ~~~ ii1;O ~ ~ "'~>< 00 ~~~~A ~.~ \ ;; ./~ OOF "-1'1;: ~ ' ~ t (1f r'E oQ ~~~~ ~ ~~1 o ,u"~ _ \ ~\:\<T..: 78 j ~ ..... 1 ~~IlO:V g.::;"(7 l7..- cv-- ()\Jl r:: "" k: ~ ~ 'u~-\ 001> iG :j r ~ A ~ ~~~;:I'~~ ,~Z/ /X/ / / / / 7mJ~9JtA//: ,/ Street Closure Relevant Information: · Beach District · The applicant requests the closure of the western 7.5 feet of a 15-foot wide unimproved alley located in Croatan for the purpose of incorporating the right-of-way into their adjoining single-family residential lot. · There have been several street closure requests granted. along the subject alleyway during the past 15 years. Evaluation and Recommendation: · Plcmning Staff recommended approval · Plcmning Commission recommends approval (10-0). · Consent Agenda. · No opposition. I II ~m'I t'~'f!\\\ ~....... :> ~ - 11 ~ ~.J :'~":r ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Thomas and Nancy Coghill for the closure of % of an alley adjacent to 804 Surfside Avenue in Croatan. DISTRICT 6 - BEACH. MEETING DATE: November 25, 2008 . Background: Thomas E. Coghill, Sr. and Nancy I. Coghill (the Applicants) request that the City Council close the western 7.5 feet of a 15-foot wide unimproved alley adjacent to their property at 804 Surfside Avenue for the purpose of incorporating this area into their existing single-family residential lot. . Considerations: The City Council has a policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. The Viewers have determined closure and abandonment of a portion of the unimproved alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The Planning Commission placed this item on the consent agenda because the closure will not result in public inconvenience, the request is consistent with the City Council's policy to dispose of undeveloped alleys in the Croatan community, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following 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. . THOMAS E. COGHILL, SR. AND NANCY I. COGHILL Page 2 of 2 Intemst in Streets Pursuant to Street Closures," approved by City Council. CopiHs 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 parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the cl!osed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the abovl3 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. . Attachments: Staff Review Disclosur,e Statement Planning Commission Minutes Location Map Ordinancl3 Recommended Action: approval. Submitting Department/Agency: Planning Department City Manager~~ K.. . ~~ Staff recommends approval. Planning Commission recommends ~ I I 1 APPLICATION OF THOMAS AND NANCY COGHILL 2 FOR THE CLOSURE OF % OF AN ALLEY 3 ADJACENT TO 804 SURFSIDE AVENUE IN 4 CROATAN. 5 6 WHEREAS, Thomas E. Coghill, Sr. and Nancy I. Coghill (the "Applicants") 7 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 8 described alley discontinued, closed, and vacated; and 9 10 WHEREAS, it is the judgment of the Council that said alley be 11 discontinued, closed, and vacated, subject to certain conditions having been met on or 12 before one (1) year from City Council's adoption of this Ordinance; 13 14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 15 Virginia Beach, Virginia: 16 17 SECTION I 18 19 That the hereinafter described alley be discontinued, closed and vacated, 20 subject to certain conditions being met on or before one (1) year from City Council's 21 adoption of this ordinance: 22 23 All that certain piece or parcel of land situate, lying and being 24 in the City of Virginia Beach, Virginia, designated and 25 described as "7.50' X 50.00' PORTION OF ALLEY TO BE 26 CLOSED (375 S.F.l0.009 AC.)" shown as the cross-hatched 27 area on that certain plat entitled: "STREET CLOSURE 28 PLAT PORTION OF 15' ALLEY ADJACENT TO LOT 9 29 BLOCK 13 CROATAN BEACH M.B. 24 P. 37 VIRGINIA 30 BEACH, VIRGINIA" Scale: 1"=20', dated MAY 30, 2008, 31 prepared by Gallup Surveyors & Engineers, LTD., a copy of 32 which is attached hereto as Exhibit A. 33 34 35 36 37 38 39 40 41 42 43 44 GPIN: 2426-37-4893-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2, The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before November 24, 79 2009, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before November 24, 2009, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. 2 89 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and THOMAS E. COGHILL, SR. and NANCY I. 95 COGHILL, as "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 day of , 2008. CA 10752 V:\applications\citylawprod\cycom32\Wpdocs\D022\P004\00070538. DOC R-1 October 24, 2008 APPROVED AS TO CONTENT: ... APPROVED AS TO LEGAL SUFFICIENCY: _lu~ City Attorney 3 o ~ i 8 ~e, .o(~ ~i' on ~:;; ",- lSa o.:g t;!cJ ...... OlD ~~ ~ ::I: (J ~:,... ld l:i 01,10 o.~ ~;~g "':ai~ ~. , -. ::> o- n: c.;l ~ 01 ... 10 ID 8 o <~ ~~ o o .. 3 ... .., ..: ~~ ai :2 :;; 0: ~~ ai ,; EXHIBIT A 8 o .. ~ ~ :2 ~ ... g t- ;3 ~ ... ...~ t4i <r- ~8 ~ril ~~ Sg ~.. tnZ ",6 ~ F 5 D. ~~ ~::i ~< l:!:!; in " ~::;6 jo.:g g <~~ d inai~ It) .....::i2. ... .... 0: 1Xl~ cD ,; N 85'4,5'4,5" E 107,50'(10101 100.00' .., '" 10 . I 1>>:;; ~J, g~ % iil N 85'45'45" E 107,5O'(lolol) 100,00' ... .., 0.: 0'" .,..... ai ,; 100.00' S 85'45'45" W MARYLAND A \IE (50' R/W) (11,8, 24 p, 37) I- ~ '" ~>- .. ci ... c5 on O-~ :J: .c: .., ~~~ 0 z >- ufo" <5 ... ","'< w<o < '" :2 ~-'~~ 0:: _ F- I') W ... 5 ~~~~CD .., ::>1O....m-rD 0: :r: ....Jzgs~ C/)-~ ...1''''''0 aN U b~~~~ g~~bg~ . .c: .. '" III UHlh./J'1l"I Oa3...1at< ai ~~:C :i .c: I-r=< 0 Z 1:> ~~~ W5 0:: <5 "'......, '" .. ::> '" . II> 5 ~ 0. 0 5 ~ ~ C/) U <II b .. b ... ~ '" ~ 0:: b e~~ ...... I.aJ ...'" ::> ~,,: Z~~ ~ ",'" .... ~a! ..... "," o~ We o fii l.L. 0:: ::> en -0 8~ ,... :i\r C!; z '0 o d ... J ! ! I I THOMAS E. COGHill, SR. & NANCY I. COGHill Agenda Item 7 October 8, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Street Closure (unimoroved allev) ADDRESS I DESCRIPTION: Property located at the western 7.5 feet of a 15-foot wide unimproved alley adjacent to the rear property line of Lot 9, Block 13, Croatan Beach (804 Surfside Avenue). GPIN: COUNCIL ELECTION DISTRICT: Between 2426374893 and BEACH 2426376815 SITE SIZE: 375 square feet SUMMARY OF REQUEST The applicant requests the closure of the western 7.5 feet of a 15-foot wide unimproved alley for the purpose of incorporating the right-of-way into their adjoining single- family residential lot. There have been several street closure requests granted along the subject alleyway during the past 15 years. The zoning history map toward the end of this report identifies the specific properties that were granted street closures for the alley. EXISTING LAND USE: Undeveloped alley SURROUNDING LAND USE AND ZONING: North: South: East: LAND USE AND ZONING INFORMATION . Single-family homes I R-10 Residential District . Single-family homes I R-10 Residential District · Across unimproved alley, single-family homes I R-10 THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 1 West: Residential District · Single-family homes / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: This site does not have any known significant historical, cultural, or environmental features. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS: A plat providing a private drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. WATER & SEWER: No objection. PRIVATE UTILITIES: Private utility companies indicate they have no facilities in the area designated for closure. Recommel1dation: Staff recommends approval of this request witll the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as Primary Residential. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. Evaluation: The portion of the alley proposed for closure is part of an undeveloped alley that runs north to south along the entire block. Other street closure requests similar to this request have been granted to homeowners within the same block. The Viewers determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. City Council adopted a policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community. All funds gEmerated from such closures are directed to a Croatan Beach Access account and ultimately the funds clJllected are to be used by the City to purchase additional public access to the beach in the Croatan aroa. The proposed street closure is recommended for approval with the following conditions. THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 2 I I 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 provide easements satisfactory to the utility company for any private utilities that exist within the right-of-way proposed for closure. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. A drainage easement as required by the City of Virginia Beach Public Works Department shall be provided during subdivision plat review. 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. THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 3 AERIAL OF SITE LOCATION THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 4 I I - CROATAN BEACH (t,l,B, 24 P. 37) BLOCK 16 LEGEND ~ INQjCATES PORnOH OF ALLEY TO BE CLOSED (375 ~, ft,/o.o09 a<:rel) 20 19 I 18A U.B. 24 p, 37 lo4.B, 24 p, 37 I.N, 200~"80007B67 7.5' PUBlIC DRAINAGE EASElIENT (I.N, 200501180007867) --- IS' ALLEY M.B, 24 p, 37 i:: (UNDEVELOPED) ~ SO.OO ~.~ REUAlHING PORTION OFAW'I' . .0 ~. z z N> a ~ ;~ .: IJl '" .: ~ ~S II> "I ~ 8 - '" - '" q 10 ~ LOT 9 13 8 "!g 8. ~ :::0 ~ . III,B. 24 P. 37 OPIH, 242&-.l7-4693 M.B, 24 P. 37 :! .. ;; ;; =-' :-0 ~ ~ 'i !I. .! ~ 50.00' 50.00' N 04'14 15 W SURFSIOE AVENUE (50' R/W) (FOR~L Y tAKE AVE.) (U,B, 24 p, 37) 0' 20' P"'\-- - - 40' 60' , SURVEY OF AREA TO BE CLOSED THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 5 # D.ATE DESCRIPTION ACTION 1 00/23/2003 Street Closure APPROVED 2 10/26/2004 Street Closure APPROVED Qti/27/2008 3 10/23/1990 Street Closure APPROVED 4 02/27/2007 Street Closure APPROVED 5 0~Y28/2006 Street Closure APPROVED 0'1/22/2008 Street Closure APPROVED 0'1/31/2006 Street Closure APPROVED 6 011/23/2007 Street Closure APPROVED 7 mi/22/2007 Street Closure APPROVED ZONING HISTORY THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 6 I I ~ o ....-. ~ U I I ~ ~ =a ~ ::J CI) o ~ U f-4 ~ ~ f-4 CI) DISCLOSURE STATEMENT II -'--"--"'- APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees. partners, etc, below: (Attach list if necessary) /J/A -... ---"' 2, List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) N/~ rsq Check here ir 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) ") t"t.y~ 0"" Il'VI iJ/1 (' &4'1 t.- 2, List all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business. or other unincorporated organization. 1 & 'l See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No Y If yes, what is the name of the official or employee and the nature of their interest? Slr~t CloSllre Application Page 10 of 11 Revis6d 7 '3107 DISCLOSURE STATEMENT THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 7 r DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to tre 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) IJO N~ 1 "Parent-subsidiary relationship" means "a relationship that exists when one corpl)(alion directly or indirectly owns shares possessing more than 50 percent of the voting poWEtr of another corporation," See State and Local Government Conflict of Interesls Act. Va. COdEt 9 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership Intemst in the other business entily. (Ii) a controlling owner In one entity is also a controlling ownE:r 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 ':lr 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 9 2.2-3101, CERTIFICATION: I certify that the information contained herein IS true and accurate. I undurstand Ihat, upon receIpt of notification (postcard) Ihat the application has been scheduled for pubhc hearing, I am responSible for obtaining and posling the required sign on the subject property at least ao days prior to the scheduled public hearing according to the Instructions in this package The undersigned also consents 10 entry upon the subject property by employees of the Department of PI3W1,' 9 to photograph and view Ihe sile for purposes of processing and evaluating this application, 1__( l !-__ f'6'h'-( -..J ----'/ i i Nancy 1. Co~hill - , t""-'.-fvr-t: F ~, II -;., Tho.., E. Co,bill, 5,. Applicant's Sig~ i L..!-j/---:-- P/inl Name . --r G 't- L--. \/1" u l PropHly Owner's Sigl1ature (if differenlthan applicant) Print Name Slr~et Qcsufe Application Page" (,(" ReVised 7'3107 z o I . ~ U I I t--=I ~ ea ga ;::J en o t--=I U f-4 ~ ga f-c en DISCLOSURE STATEMENT THOMAS E. COGHILL, SR. & NANCY I. COGHILL Agenda Item 7 Page 8 I I Item #7 Thomas E. Coghill, Sr. and Nancy I. Coghill Discontinuance, closure and abandonment of an unimproved unnamed Alley adjacent to the rear property line of 804 Surfside A venue District 6 Beach October 8, 2008 CONSENT Joseph Strange: The next item is item 7, an application of Thomas E. Coghill, Sr. and Nancy I. Coghill for discontinuance, closure and abandonment of an unimproved unnamed alley adjacent to the rear property line of 804 Surfside Avenue, District 6, Beach, with five conditions. John Richardson: Mr. Strange, my name is John Richardson, I'm a local attorney. Madame Chairman of the Commission, I've read the conditions and they are acceptable. Joseph Strange: Alright. Thank you. John Richardson: Thank you. Joseph Strange: The Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. This is located in the Beach District on the Croatan Subdivision, and the applicant requesting the closure of the western 7.5 feet of a IS-foot wide unimproved alleyway to incorporate this right-of-way into their adjoining single-family lot. There have been several requests along the subject alleyway in the last 15 years, and there are no issues with this request. Therefore, the Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I would like to make a motion to approve agenda item 7. Janice Anderson: A motion by Joe Strange and a second by Barry Knight. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE KNIGHT AYE LIVAS AYE ABSENT 1 ABSENT Item #7 Thomas E. Coghill, Sr. and Nancy I. Coghill Page 2 REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: Bya vote of 10-0, the Board has approved item 7 for consent. ARGOl.D DAM NECK, LLC Relevant Information: · Princess Anne District IndE!finitely deferred by City Council on April 8 · Applicant requests a Change of Zoning from AG-2 and R-15 to R-7.5 for the purpose of developing 113 single-family dwellings. · Homes will have 2,000 to 2,400 SF of floor area. · Prollosed density is 3.5 units per acre; surrounding area ranges from 2.2 to 3.5 units per acre. · AICIUZ is Less than 65. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was opposition i I :~:~j~I~~~\ ~~~~~I:~j~;9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Argold Dam Neck, L.L.C. for a Chanae of Zonina District Classification from R-15 Residential District and AG-1 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Dam Neck Road, approximately 180 feet east of Southcross Drive (GPIN 1484166408 - part of). DISTRICT 7 - PRINCESS ANNE MEETING DATE: November 25,2008 . Background: The City Council indefinitely deferred this application on April 8, 2008 to allow City staff, the applicant, and the residents of the adjoining neighborhood to meet for the primary purpose of resolving issues pertaining to traffic. As a result of those discussions, the proffers of the rezoning have been modified as described below under the 'Considerations' section. On September 25, the applicant's representative submitted a letter to the City Clerk requesting that this application be placed back on the earliest possible City Council agenda. A new public notice sign was posted notifying the public of the November 18 hearing, the item was legally advertised in the newspaper, and adjacent property owners were notified as required by State Code. On November 18, however, due to a desired , provision missing from the proffers, the applicant requested deferral to this meeting. The applicant proposes to rezone a portion of the existing parcel, zoned R-15 Residential and AG-1 Agricultural, to Conditional R-7.5 Residential District for the purpose of developing the site with 113 single-family dwellings at a density of 3.5 units per acre. The two sections of the Newcastle residential neighborhood, which consist of the R-15 portion to the west and the R-7.5 portion to the north, are developed at densities of 2.2 and 3.5 units per acre, respectively. The Comprehensive Plan Map designates this site as being within the Primary Residential Area (PRA). The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development, (pg. 90). Argold Dam NI~ck, L.L.C. Page 2 of 2 . Considerations: VehicLllar access to the site will be via a single entrance from Dam Neck Road. The entrance is divided by a landscaped median with a stone entry sign as a focal point. The proposed development is screened from Dam Neck Road by a landscaped berm running parallel with the rear of the residential lots. The homes will contain a minimum of 2,400 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. The proposed architecture for the dwellings to be constructed on the site utilizes varyinu elements of traditional single-family home design. Brick and siding are used on the exterior, with the roofs sheathed by architectural grade shingles. Front porches and mullioned windows with shutters are the predominant architectural features. The proposed residential use is in conformance with the intent of the land use policies of the Comprehensive Plan for this area. The quality of the site and building design, as well as the proposed dwelling unit density, is compatible with the single-family residential areas to the west and to the north. After the City Council deferred this application in April 2008, the applicant met with City staff and representatives of the adjacent Newcastle residential neighborhood. As a result of those discussions, the applicant has modified the proffers submitted with the rezoning. The modified proffers are contained in the attachod staff report and are summarized below: · As a result of discussions pertaining to the possible need for a traffic signal at Southcross Drive and Dam Neck Road, the conclusion was that such a signal is not warranted; however, the improvement of the intersection will be of benefit. Thus, the applicant has proffered the installation of turn lanes on Dam Neck Road and the widening of both sides of Southcross Drive to provide for two lanes exiting the neighborhood. , · The applicant is proffering the installation of playground equipment in both the pocket park located in the proposed development and the existing park located in the Newcastle neighborhood. · The applicant is proffering a tree preservation and restoration plan for the buffer between the two neighborhoods. · The applicant is proffering the installation of neighborhood entry signs with landscaping on both sides of the intersection of Southcross Drive and Dam Neck Road for the Newcastle neighborhood. The applicant is also proffering the installation of rust-resistant metal lettering on the existing neighborhood sign located on Salem Road. . Recommendations: , I Argold Dam Neck, L.L.C. Page 3 of 2 The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager~ \L. . ~ll-i><1. I~~ ARGOLD DAM NECK, LLC Agenda Item 4 March 12, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Chanae of Zonina District Classification from R-15 Residential District and AG-1 Agricultural District to Conditional R-7.5 Residential District. ADDRESS I DI:SCRIPTION: Property located on the south side of Dam Neck Road, approximately 170 feet east of SouthclOss Drive.. GPIN: 14841664080000 portion of COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 32.24 acres SUMMARY OF REQUEST The applicant proposes to rezone a portion of the existing parcel, zoned R-15 Residential and AG-1 Agricultural, to Conditional R-7.5 Residential District for the purpose of developing the site with 113 single- family dwellings at a density of 3.5 units per acre. The two sections of the Newcastle residential neighborhood, which consist of the R-15 portion to the west and the R-7.5 portion to the north, are developed at densities of 2.2 and 3.5 units per acre, respectively. Vehicular access to the site will be via a single entrance from Dam Neck Road. The entrance is divided by a landscaped median with a stone entry sign as a focal point. The proposed development is screened from Dam Neck Road by a landscaped berm running parallel with the rear of the residential lots. The homes will contain a minimum of 2,400 square feet of living area for a two-story dwelling and 2,000 square feet of living area for a one-story dwelling. The proposed architecture for the dwellings to be constructed on the site utilizes varying elements of traditional singlEt-family home design. Brick and siding are used on the exterior, with the roofs sheathed by architectural grade shingles. Front porches and mullioned windows with shutters are the predominant architectural features. ARGOLD DAM NECK, LLC Agenda Item 4 Page 1 ; I LAND USE AND ZONING INFORMATION EXISTING LAND USE: Uncultivated fields SURROUNDING LAND USE AND ZONING: North: . Across Dam Neck Road are single-family dwellings and New Castle Elementary School / R-7.5 Residential District and AG-1 Agricultural District . Church and rural residential! R-15 Residential District . City of Virginia Beach General Services and Parks & Recreation offices as well as proposed Little League baseball fields! AG-1 Agricultural District . Single-family dwellings / R-15 Residential District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is a fallow farm field. A portion of the western side of the site is wooded. There are no known significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dam Neck Road in the vicinity of this application is considered a two-lane undivided major suburban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 125-foot right-of-way. A Capital Improvement Program project is slated for Dam Neck Road in the vicinity of this site. Elbow Road Extended - Phase II (CIP 2-152) is a First Cities Project which involves improving Elbow Road from Indian River Road to the portion of Dam Neck Road just west of Landstown Road. The improvements include a four-lane divided highway within a 125-foot right-of-way with a sidewalk, multi- use path, landscaping, and aesthetic features. The project will also replace the existing sub-standard Elbow Road Bridge. The start date for construction has been moved beyond 2012 due to reduced state funding. ARGOLD DAM NECK, LLC Agenda Item 4 Page 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Dam Neck Road 9,381 ADT 1 15,800 ADT I (Level of Existing Land Use"'- (formerly Elbow Service "C") 593 ADT Road) 17,100 ADT 1 (Level of Proposed Land Use 3_ Service "0") Icapacity 1,101ADT 18,400 ADT 1 (Level of 22 AM Peak Hour Service "E") Vehicles (entering) 74 PM Peak Hour Vehicles (enterinQ) Average Dally Trips 2 as defined by R-15 & AG-1 zoning 3 as defined by 115 Single Family dwellings Public Works I Traffic Engineering has the following comments: . A westbound left-turn lane is required on Dam Neck Road. The dimensions of the left-turn lane must be in accordance with the City of Virginia Beach Public Works Specifications and Standards Manual. . An eastbound right-turn lane is required on Dam Neck Road. The dimensions of the right-turn lane must be in accordance with the City of Virginia Beach Public Works Specifications and Standards Manual. . A Traffic Signal Bond will be required at a specified time during Site Plan review for a potential signal at the interseGtion of Dam Neck Road and the site entrance. Public Works may also require a traffic signal warrant analysis for this intersection prior to the release of the Traffic Signal Bond. . If the Applk;ant desires in the future to extend the development to the parcels south of the subject site, then a Traffic Impact Analysis may be required for the entire project area. In addition, the Traffic Signal Bond would be extended beyond the initial 5-year time frame to include the entire development. . This project must be coordinated with the Elbow Road Extended - Phase II CIP for roadway and right-of- wayaccurclcy. Contact Julie Hannah at 385-4131 for this information. Additional comments will be forthcoming upon a site plan submission to the Development Services Center should this rezoning be approved by the City Council. WATER: This site must connect to City water. There is an eight-inch City water main in Southcross Court and a 12-inch City water main along Dam Neck Road. There is also a 12-inch City water main along Salem Road to the south, SEWER: There is an eight-inch City gravity main along Southcross Court and an eight-inch City gravity main along Salem Road to the south. There is also a four-inch City force main along Salem Road as well as a six- inch vacuum sanitary sewer along the corner of Salem and Lisban Roads. This site must connect to City sanitary sewer by extending the gravity sanitary sewer main from the intersection of Southcross Drive and Dam Neck Road or by extending the main along Southcross Court. Analysis of Pump Station 575 and the sanitary sewer Gollection system is required to ensure future flows can be accommodated. The receiving Pump Station 5'75 and the sanitary sewer collection system were designed anticipating development at a R-15 density. Thus. the additional flow from the increased density will result in the need for pump station upgrades or additional utility upgrade fees. STORMWATER MANAGEMENT: The proposed subdivision must develop a storm water management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The project will need to provide adequate stormwater discharge outfalls and identify adequate offsite receiving drainage systems. ARGOLD DAM NECK, lLC Agenda Item 4 Page 3 I I SCHOOLS: School Current Capacity Generation Change <! Enrollment New Castle Elementary 749 780 29 26 Landstown Middle 1,566 1,522 17 16 Landstown HiQh 2,297 2,185 23 21 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), FIRE: No comments at this time. A complete review will be done during the Development Services Center review process. Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map and land use policies place this site within the Primary Residential Area (PRA), which indicates the importance of neighborhood character and its relationship to compatible land use and traffic management. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development, (pg. 90). Generally, in large suburban settings often characterized by many 'single use' zoning districts, land use compatibility is achieved through the process of orienting similar or, at the very least, not incompatible land uses and densities next to one another. While landscaped buffers, attractive site planning, quality architecture and other techniques are sometimes the only option to help mitigate the impacts of adjacent and incompatible land uses; it is the city's position that good architectural and site designs are not acceptable substitutes for good land use planning. We must focus on applying sound land use planning practices first, then address design considerations, (pg. 90). ARGOLD DAM NECK, LLC Agenda Item 4 Page 4 Evaluation: The proposed residential use is in conformance with the intent of the land use policies of the Comprehensive Plan for this area. The quality of the site and building design, as well as the proposed dwelling unit density, is compatible with the single-family residential areas to the west and to the north. PROFFERS The followin~l 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," (~1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. NOTE: Proffer amendments added after the Planning Commission hearing are shown by underlined text. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SITE PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007. as revised. prepared by Clark Nexsen. a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter. the "Site Plan"). PROFFER 2: When the Property is developed, the entrance to Village Bend shall be from Dam Neck Road with the landscape berm and landscape plantings, entrance signage and water feature substantially as depicted on the detail plan entitled "Village Bend Preliminary Streetscape Screening and Sign Exhibit" dated November 30.2007, prepared by Clark Nexsen. a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Landscaping Plan"). PROFFER 3: When the Property is developed, there will be no more than one hundred thirteen (113) single family dwelling units on the lots. The homes will contain a minimum of 2400 square feet of living area for a two story dwelling and 2000 square feet of living area for a one story. Each home shall have a garage and the architectural designs and building materials utilized shall be substantially as exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Pictures"). PROFFER 4: When the property is developed, the party of the first part shall record a Declaration submitting the Lots and all the Properly outside the public rights of way to a mandatory membership Property Owners' Association which shall be, responsible for maintaining the park, all open spaces, common areas, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential buildinQ lots in excess of one hundred and thirteen (113). PROFFER 5: When the PrOIJerty is developed, the party of the first part shall install $60.000.00 of plaYQround equipment in the "Pocket Park" utilizinQ equipment approved for and/or utilized by the VirQinia Beach Department of Parks and ReGreation. The Pocket Park and equipment shall be maintained by the Homeowners' ARGOLD DAM NECK, LLC Agenda Item 4 Page 5 I I Association. PROFFER 6: The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planninq. prior to final subdivision approval. a tree retention and restoration plan for the twenty-five foot (25') Veaetated Buffer Easement alona the western boundary of the property. The Veaetated Buffer Easement shall be dedicated to the Homeowners' Association and it shall mandate preservation and retention of a buffer of everqreen and deciduous trees. alona with other native veaetation within the area of the easement. PROFFER 7: When the Property is developed. the party of the first part shall improve the Dam Neck Road and Southcross Drive public riaht-of-ways by installinq the followina as specified by the Grantee: (a) A left turn lane for westbound Dam Neck Road traffic turnina onto Southcross Drive southbound. (b) A left turn lane for eastbound Dam Neck Road traffic turnina onto South cross Drive northbound. (c) Wideninq of Southcross Drive (both sides) at its intersection with Dam Neck Road to accommodate two (2) lanes of traffic exitinq the residential neiahborhoods onto Dam Neck Road. PROFFER 8: When the Property is developed. the party of the first part. as a condition of final subdivision approval. shall pay the sum of $30.000 to the Grantee's Parks and Recreation Capital Improvement Proaram Account #4.024 which funds shall be used to acquire and install recreation equipment and improvements in the Newcastle Neiahborhood Park (City owned park) at the southwest corner of the intersection of Southcross Drive and Middleham Drive. If the proffered monies are not used by the Grantee anytime in the next five (5) years for the purpose for which they are proffered. then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 9: When the Property is developed. the party of the first part. as a condition of final subdivision approval. shall install brick monument style entry identification sians on both the north and the south sides of Dam Neck Road at its intersection with Southcross Drive. substantially as exhibited on the elevation entitled "Newcastle Entrance Siqn Elevation - Dam Neck Road" which has been exhibited to the Virainia Beach City Council and is on file with the Virainia Beach Department of Plannina ("Newcastle Entry Sians"). The party of the first part shall installlandscapina around these two (2) new Newcastle Entry Sians. The party of the first part shall also install new rust-resistant metal "NEWCASTLE" letterinq on the existina entry feature sian on the east side of Salem Road at its intersection with Whitley Abbey Drive. PROFFER 10: The party of the first part shall modify and relocate the "30' EASEMENT FOR FUTURE PEDESTRIAN ACCESS" between Lots 27 and 28 as depicted on the "CONCEPTUAL SUBDIVISION PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, to reduce the easement width to twenty-five feet (25') and relocate the easement between Lots desiqnated 23 and 24 on the Subdivision Plan. PROFFER 11: When the Property is developed. the party of the first part. as a condition of final subdivision approval. shall install a street liaht in the Newcastle Subdivision, within the southern-most portion of the Southcross Court ARGOLD DAM NECK, LLC Agenda Item 4 Page 6 public rioht-of-wav at its eastern terminus. PROFFER 12: Further conditions may be required by the Grantee during detai/ed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The proffers define the number of dwelling units and the submitted site plan depicts a coordinated developmeni' on the site for circulation, landscaping and layout. The submitted photographs of proposed residential exterior elevations depict dwellings that are complementary to the existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated November 29.2007, and found it to be legally sufficient and in acceptable legal form. NOTE: Furthor 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 applicanl' is encouraged to contact and work with the Crime Prevention Office within the Police Department fi)r crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) con<:epts and strategies as they pertain to this site. ARGOLD DAM NECK, lLC Agenda Item 4 Page 7 I I if .___ l: : " .:. : ,,~ " f-, 2 1l""~ -: -':j -~ ;;' -.......... . .:t:' ~ < :..J 2: ;;: :I: ou z25 [3r..~ ~ 21 ';i '/.:tJJ ;-;:; .. ~rl-\ ......., ,,~V~ ",.......- ::: .~"" > -' \..J..... ..JO -:;... >!:: u % -, ~ ~ .... ~ ... ~ ~ -: .... S: ~ "" 'Z ,..,' PROPOSED SITE PLAN ARGOLD DAM NECK, LLC Agenda Item 4 Page 8 ~ ~ L '- :.: ~ -- ./ ? - tt: '. ,/ ,/ ,....., Q: ZV,.... ,., -::;:: .~ [CO ~ i '" :-' X :, UJ ~..;..; ....; ...... r"" W. Z .J.". v;,.,..,J .~"" ~ ~ <=~ . .....l cr ~ , z .....l;;;; <: -..- >:::: ;;: - v ~ ) ARGOLD DAM NECK, LLC Agenda Item 4 Page 9 I I ARGOLD DAM NECK, LLC Agenda Item 4 Page 10 ''"'' ""/"'~~" ~~~~~ .,,, " ,," ........ ;' ~, ' ~ ", """"""'" ~~~ t~~I-~~< ' lfi! IU . .., <" . "'. I...." r'~ ".{ '. -.1.f~~1f ~\\'" ni ~'''''':>'''r'i>a;::,:''''{'',. "'~' ,',~ttt.~ ~\ ,. ",' ~ ,h .,,{ '''''>#,.l~''....'''~',;s >.,\1' '. .I'.j~,~: ,\" :..""'~l~'~ .' ~ '...... .- _,'rtt'~~,(.lJ%~~ ^'''-',- PROPOSED BUILDING ELEVATIONS ARGOLD DAM NECK, LLC Agenda Item 4 Page 11 I I (\C-1 (ITA) 1 08/28/07 Change of zoning from R-15 & AG-1 to Conditional A-12 Denied 2 12/10/02 Change of zoning from R-15 & B-2 to Conditional R-5D with a PD-H2 Overlav Granted 3 OS/27/97 Change of zoning from 0-2, B-2, R-10, P-1 & H-1 to AG-1 Granted OS/29/91 Change of zoning from AG-1 to Conditional 0- 2, B-2, R-10, P-1 & H-1 Granted 4 09/18/89 Change of zoning from R-15 & AG-1 to Conditional R-7.5 Granted 5 07/02/84 Conditional Use Permit(counter tops) Granted 07/17/78 Conditional Use Permit [trailers) Granted ZONING HISTORY ARGOLD DAM NECK, LLC Agenda Item 4 Page 12 .. II DISCLOSURE STATEMENT .. II APPLICANT DISCLOSURE If the a Dplicant is a corporation, partnership. firm. business, or other unincorporated organiz.ation. complete the following: 1, List the applicant name followed by the names of all officers. members. trustees. partners. etc. below: (Attach list if necessary) Argold Dam Neck. LLC: Lawrence Steingold; Sam Steingold; Alan Resh. Members 2, List all businesses that have a parent-subsidiari or affiliated business entitl relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation. partnership. firm. business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if properly owner is different from applicant. If the property owner is a corporation. partnership. firm. business, or other unincorporated organization. complete the following: 1. List 'the property owner name followed by the names of all officers. members. trustees, partners. etc. below: (Attach list if necessary) Merlin Eieiler, Trustee under the Elva y, Beiler Land Trust 2. List all businesses that have a parent-subsidiari or affiliated business entityl relationship with the applicant: (Attach list if necessary) X Chel:k here if the property owner is NOT a corporation. partnership, firm. business. or other unincorporated organization, 1 & 2 SeE' next page for footnotes Conditional RE,zoning Application Page 11 of 12 Revised 91112004 z o I I !< u I I ~ ~ ~ t.:) Z I I Z o N ga ~ o I I f--4 I I Q Z o u ARGOLD DAM NECK, LLC Agenda Item 4 Page 13 I I z o .-....c ~ u : i ~ ea c;.:, Z .-....c Z o N ~ ~ o ........ F-t ........ ~ Z o u ') .,-/ DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Clark Nexsen Sykes, Bourdon, Ahem & levy, P.C. 1 "Parent-subsidiary relationship. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.. See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 .Affiliated business entity relationship. means "8 relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to e . In'' ackage. Argold Da LC By: Applica s Si Alan Resh, Member Print Name Merlin Beiler, Trustee under the Elva y, Beller Land Trust Print Name Condlllonal Rezoning Application Page 12 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT ARGOLD DAM NECK, LLC Agenda Item 4 Page 14 - - ~ - .- - - - - . -- - - -- - :J 5.0' OPTION 1 N[\.JCA5;TLE ENTRY SIGN ELEVATION DAM NECK ROAD , I Item #4 Argold Dam Neck, L.L.C. Change of Zoning District Classification South side of Dam Neck Road District 7 Princess Anne March 12,2008 REGULAR Janice Anderson: Next, we will hear our regular agenda. I will ask the Secretary to call the first matter on our regular agenda today. Donald Horsley: The first matter today is item 4, Argold Dam Neck, L.L.C. An application of Argold Dam Neck, L.L.c. for a Change of Zoning District Classification from R-15 Residential District and AG-l Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Dam Neck, approximately 190 feet east of Southcross Drive, District 7, Princess Anne. Janice Anderson: Wel'Come Mr. Bourdon. Eddie Bourdon: Good afternoon Madame Chairman. Thank you very much, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant. I recognize there are eight cases that are being heard today. It is going to be a long day. I'm going to try to keep this one brief because I don't believe there is a great deal of controversy. I know AI Moore and one of the other representatives of New Castle are going speak.. We've had a lot dialogue with them. I'll let them speak. for themselves but I don't think there is a huge controversy here. This is a piece of property over 32 acres in size that this Commission reviewed a previous application on less than a year ago. It was an application that included a workforce housing component, a mixed residential development including multi-family at 256 units with a PD-H plan that was recommended to you by your Planning staff. You also , recommended approval of that plan. City Council was not as enamored as the rest of us were with that plan, and they denied the application. Now we have come back with a plan that is 100 percent consistent with the Comprehensive Land Use Plan for this area. It is one of those, and I said it before, one of the last available sites for residential development that is outside the AICUZ Zone. To our north is a section of New Castle that is zoned R-7.5 adjacent to our east is a city owned institutional use, the city's Landscape Services. We understand there will be ball fields also that will be located to our east and south. The section of New Castle to our west is R-15 and adjacent to that on their west is a Dragas condominium community at R-5D. So, this application R-7.5 at 3 Y2 units per acre is exactly what the Comprehensive Plan calls for in this area. We've got high quality community of 113 homes maximum, all single-family. We proffered typical building elevations. The plan that is up here, versus the one that is being passed around, we have made some changes based on dialogue with the adjacent property owners in New Castle. One of those, which made a lot of sense was we moved the park site that is here at the entrance street. We designed this with a very nice frontage, all landscaped and bermed. That is in the proffers. Item #4 Argold Dam Neck, L.L.C. Page 2 And just as you come in, is not of any home but of open space, and we flipped this. The park site is at the ba,ck of the open space where there will be less traffic. We have also agreed and the proffer (agreement) will be modified between here and City Council to include a proffer, that we will sptmd $60,000 on playground equipment to be placed in that park site. Again, that is being shifted and it is shown on the new plan that we passed around. That is one change. The 01her thing that we show here was a future right-of-way connection to the property to the south, which was something that neighboring community did not want us to do. So, we modified that. We now reduced it down to a 30 foot wide pedestrian access to the south so th(:re won't be any road connection if and when the property to the south develops. It will have to be developed utilizing Salem Road and not this property for access but there will be connectivity as far as walking, biking and what have you through this pedestrian area here. The other change is that along our western boundary, there are 10 home sites that will adjoin nine home sites in New Castle. We proffered that there will be a 25 foot tree preservation buffer on the back of these lots. These lots are deeper then the rest of the lots, and that preservation easement will be dedicated to the Homeowners Association. The entire community is governed by a Homeowners' Association. They will hold that easement, which will prohibit those trees and landscaping in that area from being removed. Again, unless they are knocked down by a hurricane or they are diseased but the idea is to maintain that treed buffer on the back of these properties. This area is wooded at this point. There is not a similar si1uation on the back of these lots but we are willing to undertake that buffering on our site. Again, we're designed with totally compatible home sites here. The lots are so much smaller but the quality of the homes is as every bit as high, if not higher than the homes in New Castle, which were built many years ago. It is not to knock those homes. They are very nice homes. But the point is that it is a very compatible neighborhood to what is out there. I don't think anyone would disagree with that characterization. With that, I'm going to cut my remrurks offso the folks of New Castle can speak out. I will come back up if there is anything for me to answer. Janice Anderson: Thank you. Eddie Bourdon: Thank you. Donald Horsley: Our first speaker is AI Moore. AI Moore: Members of the Commission, Madame Chairwoman, thank you for giving us the opportunity. Janice Anderson: Please state your name again for the record. AI Moore: It is AI Moore. I live at 2140 Southcross Drive, which is the property the bounds it on the left side of the picture here. First and foremost, I would like to thank Mr. Resh for being so cooperative with us. He met with us on two occasions. He heard us out. I think, within all the things that he controlled he made the modifications that you seen here today. Our expectation is, of course, those will be included in the proffers. As far as the tree preservation area, as we understand it from Mr. Resh, that will actually be written into the I I Item #4 Argold Dam Neck, L.L.C. Page 3 deed. So, it will be a covenant for the homeowners. I was going to recap these but Mr. Bourdon did a great job on that so I won't need to do that. My sole opposition to this comes primarily from the impact on traffic. The numbers that we have been given, and you may have this morning at the discussion session, is based on traffic counts on Dam Neck that were done in 2006. Since that time, Dam Neck Road has become a major east/west corridor. I don't know what the traffic counts are now. That is one thing that I would like to request to see. I can tell you that living where we are on Southcross, which intersects with Dam Neck, during the rush hour, you can barely make a left turn out of there. It is hard to make a right turn. During soccer season, when the soccer facilities fill up, that intersection is virtually unusable. The point where Dam Neck intersects with Salem Road, there is a stop light controlling that intersection. And again, during soccer season, the traffic backs up. Several dozen cars to the point where the people from soccer start to cut down Southcross and down Whitley Abby to get over to Salem Road. So, my main request is to that before you approve this is to take a harder look at the true traffic situation there. Because I think if they're projecting based on current counts, it is not adequate. Janice Anderson: Are there any questions for Mr. Moore? Thank you sir. AI Moore: Okay. Thank you very much. Donald Horsley: Our next speaker is Joseph Milligan. Janice Anderson: Welcome. Joseph Milligan: That was close. My name is Joseph Milligan. I live at 3801 Southcross Court, which is right next to this development. Once again, I would also like to thank Alan Resh. He has been real helpful and sat with us on two occasions and worked with us. I would also like to thank Karen Prochilo from the Planning Department. She has been a real big help too. I am going to kind of echo what AI said in a little different manner. The traffic is a big concern. That traffic study that was done in 2006. You have to remember that is when that road first opened. A lot of people didn't know there was a cut through. They didn't even know it existed. And since then it is public knowledge. It is a main thoroughfare especially during rush hour traffic in the mornings. So, taking this from an R-15 to an R-7.5 is obviously going to have some kind of impact on the traffic. I would like to see them, and mirror what AI s'aid, a more current analysis of the traffic. The other thing and can we change back to the other map? One more. Okay, the other thing is that if you look at the surrounding properties, Elbow Road, which is now Dam Neck Road, everything north of that little neighborhood is R-7.5 but everything south of that is either AG-1 or R-15. That is kind of the dividing line. There are two parcels. The one that we are looking at that is shaded and there is another one that they anticipate down the road that is going to be available, which is the larger one, just south and west of that. If you said okay, we're going to take this down to R-7.5 based on the fact that neighborhood next to it is R-7.5, then to me, I see a leap frog effect into an area that is predominately R-15 and AG-l. If you look all the way around it, it's R-15. So, if that is the argument for this, than when the next development is developed it is the same argument. It is going to abut that and then you kind of have a finger that comes in Item #4 Argold Dam Neck, L.L.C. Page 4 there that just really doesn't fit the surrounding zoning. The cut through traffic was a major concern becaw;e now they're cutting through our neighborhood because of traffic is so great to avoid that intersection. I was glad to see them put the pedestrian cut through and eliminate the vehicular traffic. And lastly, what assurance do we have if they rezone this to R-7.5, that we won't come back or they can change this plan, and maybe try to impose a 30 percent increase in workforce housing. Does it stand solely as this project? Can it change if the economics change? That is the question that I have. Janice Anderson: We can answer that for you. Mr. Macali? Do you want to address that? Bill Macali: We can't made changes to an approved City Council plan with out the approval of City Council. It would have to be approved by the City Council. Joseph Milligan: So, will the zoning stay R-7,5 Janice Anderson: It is a conditional rezoning. It has to have these specific proffers on it. It is just not a straight rezoning. That is correct. So, if it has to change it would have to come back. Joseph Milligatl: The whole process starts over. Janice Anderson: Yes it does. Joseph Milligatl: Okay. Thank you. Donald Horsley: There are no other speakers. Janice Andersen: Mr. Bourdon? Eddie Bourdon: On behalf of Mr. Resh, we would like to also thank the folks from New , Castle community because not only on this application but even prior application, they have been extremely pleasant and cordial to work with inspite of and especially in the last case, a significant disa,greement. That is very much appreciated because you don't always encounter that. It really has been a pleasure to work with them. They have been very open and good listeners. The property to our immediate east is an institutional use. It is zoned agriculture but it is a use that would generally be an office use or an industrial use. The property on the opposite side of this section in New Castle is zoned R-5D and not R-15, which is along Salem Road do wn to this point. The fact that there is no and will not be with this revised plan any connectivity other than pedestrian between this community and the R-15 as the Bilo family continues to own plus there is a church here, down below us on Salem Road ensures us that this property if and when it is ever rezoned for development, there is also this APZ line, that runs through here. Although most of this property, I believe is outside. Some of this property is not residential developable because of that line but it would develop along Salem Road and with entrance off of Salem Road, which in this area is all R-15, and I think that is obviously the likely scenario, and I think that is one of the reason that we have no ; I Item #4 Argold Dam Neck, L.L.C. Page 5 connectivity other than pedestrian. But given what is adjacent to us in this area and what is adjacent to the same section here, and across the street, from a land use standpoint, is perfectly reasonable. The other thing that is important from a traffic standpoint. And we need to understand, and I'm not going to argue. I don't live there but I do know from having the soccer complex with my daughter and son for the last nine years on a regular basis that there is a fair amount of traffic here but that traffic is every hour or hour fifteen minutes that comes out and it is dead. Then there isn't any traffic until when the game is over. This area, with all the development that will not happen here because of the AICUZ zones. There is very little future residential that will happen in this area at all, and as traffic matters go, this road is, and I'm not saying there isn't traffic there at a certain time but it is not a very heavily traveled road on an overall basis compared to a lot other areas of the city. I appreciate your listening. Janice Anderson: Thank you. Are there any questions of Mr. Bourdon? Are there any comments? Eugene Crabtree: The property that is to the right of this property that he is talking about is exactly city owned by Landscape Services for Parks and Recreation. And behind that, on the left hand side is also Parks and Recreation owned and is designed in the future for ball fields. And part of, and I believe if that is right on the edge of what we know as Princess Anne Commons property line, back where it says 65-75 dB in that area, so that particular area is never going to be developed for anything other than something with Parks and Recreation or of that nature or of Princess Anne Commons for that type thing. That is not going to be used for any residential. The only addition that it would abut Salem Road. Janice Anderson: If! can. Rick Lowman. Is he here? Ric Lowman: Ric, the two gentlemen had some personal concerns with traffic. Could you just review what your department looked up when reviewing this application and the required turn lanes in there to facilitate the traffic? Ric Lowman: Ric Lowman, City of Virginia Beach Traffic Engineering. We did take a look at this development as it came I the first time. It was more dense than this, and this incarnation of the plan it involved a low density requirements or traffic requirements for a traffic impact study. And based on the analysis that we did of the impact to the roadway and the current volumes on the roadway, it is not going to bring that roadway Dam Neck over capacity. As far as the turn lanes that are required, per our comments and the Public Works specifications, we require left turn lane into the site and a right turn lane in the site. That is in our comments. And that will be worked out at the site plan stage. As far as the Saturday afternoon traffic concerns show our concerns are there. Saturday mornings as well. It does get congested for that 15 or 20 minutes and then, like Eddie said, it disperses and that mandates the traffic concerns that really don't pertain the normal rush hour type concerns that we share. So, it doesn't mean a special event and they are seasonal. Item #4 Argold Dam Neck, L.L.C. Page 6 Janice Andersen: The right and left turn lanes that will keep the traffic flowing on Dam Neck Road? Ric Lowman: Yes ma' am. Janice Anderson: Thank you. Are there any questions for Ric? Jay Bernas: In your comments you mentioned that a traffic signal bond will be required for Dam Neck and the entrance to the subdivision as well? Ric Lowman: yes. Jay Bernas: Would the signal exactly be there or would it be at Southcross and Dam Neck. Ric Lowman: lhe traffic signal bond is a requirement that Public Works has to sort of prorate share the signal class, if an when the signal is warranted in the future. We can't predict what is going to happen around it. But if and when a signal would be required around it, that would be a part of the reason for the signal, we would call their bond to help pay for the signal. So, we would do that with any bond holders in the traffic signal bonds that we have for any of the properties that would kind of contribute to that. So, it would be pretty hard to say when the signal would be place. Jay Bernas: I was wondering if that bond was that for intersection or did it cover? Ric Lowman: It covers the impacts of that development. Janice Anderson: Are there any other questions? Go ahead AI. AI Henley: Ric, when that bond is posted signalization is that bond held for a certain number of years or is it there indefinitely? Ric Lowman: I believe it is there for five years. AI Henley: Fivt: years. Ric Lowman: Yes sir. AI Henley: So, in due time in five years or anytime earlier, then if those conditions prevail then, of course 1he signal would be installed at that time. Ric Lowman: Yes sir. AI Henley: Thank you. ; I Item #4 Argold Dam Neck, L.L.C. Page 7 Janice Anderson: Are there any other questions? Thank you Ric. I'll open it up for discussion. Donald Horsley: It appears to me that the applicant has done an excellent job in working with the neighborhood and addressed many of their concerns in keeping with the content of the Comprehensive Plan. It seems to be adhered to so I will make a motion that we approve the application. Janice Anderson: A motion by Don Horsley and a second by Gene Crabtree. Is there any further discussion? Barry Knight: We need to include the verbage about $60,000 proffered between now and Council. Mr. Bourdon said he was going to agree. Donald Horsley: Put that in there. Eddie Bourdon: Yes. We will revise the proffers between here and Council to include that new plan with a flipped park, and to include $60,000 of playground equipment that will be installed in that park. Donald Horsley: We can make that part of the motion. Janice Anderson: Thank you Barry. Is that okay with you with the motion? Is there any further discussion? I'll call for the question. AYE 11 NAY 0 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 the application of Argold Dam Neck, L.L. C. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7021 FROM: L"Slie.~\;) B. Kay Wilson~ DATE: November 14, 2008 TO: DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Argold Dam Neck, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 25, 2008. I have reviewed the subject proffer agreement, dated November 29,2:007 and have determined it to be legally sufficient and in proper legal form, A copy of the algreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm L Enclosure cc: Kathleen ( ssen PREPARED BY: IIBSYU:s. DOURDON. mAIIillN & LM. P.c. ARGOLD DAM NECK, LLC, a Virginia limited liability company MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of November, 2007, by and between ARGOLD DAM NECK, LLC, a Virginia limited liability company, party of the first part, Grantor; MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST, party the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of land which is hereinafter referred to as the "Property", located in the Princess Anne District of the City of Virginia Beach containing approximately 32.58 acres. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-15 and AG-l to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Residential Zoning GPIN: 1484-16-6408 (Part of) 1 PREPARED BY; no SYK[S. DOURDON. m AIIrnN & U:vv. P.c. District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a rE:asonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SUBDIVISION PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, as revised, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Subdivision Plan"). 2. When the Property is developed, the entrance to Village Bend shall be from Dam Neck Road with the landscape berm and landscape plantings, entrance signage and water feature substantially as depicted on the detail plan entitled ''Village Bend Preliminary Streetscape Screening and Sign Exhibit", dated November 30, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Landscaping Plan"). 3, When the Property is developed, it will be subdivided into no more than one hundred thirteen (113) single family residential building lots. The homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2400 square feet of living area for a two story dwelling and 2000 square feet of living area for a one story dwelling. Each home shall have a garage and the architectural designs and building material:, utilized shall be substantially as exhibited on the pictures labeled "Home Styles 2 PREPARED BY, at Village Bend" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Pictures"). 4. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas, vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and thirteen (113). 5. When the Property is developed, the party of the first part shall install $60,000.00 of playground equipment in the "Pocket Park" utilizing equipment approved for and/or utilized by the Virginia Beach Department of Parks and Recreation. The Pocket Park and equipment shall be maintained by the Homeowners' Association. 6. The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a tree retention and restoration plan for the twenty-five foot (25') Vegetated Buffer Easement along the western boundary of the property. The Vegetated Buffer Easement shall be dedicated to the Homeowners' Association and it shall mandate preservation and retention of a buffer of evergreen and deciduous trees, along with other native vegetation within the area of the easement. 7. When the Property is developed, the party of the first part shall improve the Dam Neck Road and Southcross Drive public right-of-ways by installing the following as specified by the Grantee: (a) A left turn lane for westbound Dam Neck Road traffic turning onto South cross Drive southbound. (b) A left turn lane for eastbound Dam Neck Road traffic turning onto Southcross Drive northbound. (c) Widening of South cross Drive (both sides) at its intersection with Dam Neck Road to accommodate two (2) lanes of traffic exiting the residential neighborhoods onto Dam Neck Road. 8. When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall pay the sum of $30,000.00 to the Grantee's Parks and _ SYKIS. ROURDON. _ ADam & LM. P.C 3 PREPARED BY: no SYns. DOURDON. mAllrnN & 1M. P.C Recreation Capital Improvement Program Account #4.024 which funds shall be used to acquire and install recreation equipment and improvements in the Newcastle Neighborhood Park (City owned park) at the southwest corner of the intersection of SouthcIOss Drive and Middleham Drive. If the proffered monies are not used by the Grantee anytime within the next five (5) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. 9. When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall install brick monument style entry identification signs on both the north and south sides of Dam Neck Road at its intersection with Southcross Drive, substantially as exhibited on the elevation entitled "Newcastle Entrance Sign Elevation - Dam Neck Road" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Newcastle Entry Signs"). The patty of the first part shall install landscaping around these two (2) new Newcastle Entry Signs. The party of the first part shall also install new rust resistant metal "NEWCASTLE" lettering on the existing entry feature sign on the east side of Salem Road at its intersection with Whitley Abbey Drive. 10. The party of the first part shall modify and relocate the "30' EASEMENT FOR FUTURE PEDESTRIAN ACCESS" between Lots 27 and 28 as depicted on the "CONCEPTUAL SUBDIVISION PLAN" entitled "VILLAGE BEND CITI OF VIRGINIA BEACH" dated November 21,2007, to reduce the easement width to twenty-five feet (25') and relocate the easement between Lots designated 23 and 24 on the Subdivision Plan. 11. When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall install a street light in the Newcastle Subdivision, within the southern-most portion of the Southcross Court public right of way at its eastern terminus. 12. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is 4 PREPARED BY: part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. I S\'l([s. ROURDON. AHffiN &: LM. P.c. 5 PREPARED BY: no SYUS. ROURDON. IU AIlrnN & llVY. P.C "WITNESS the following signature and seal: Grantor: Argold Dam Neck, LLC, a Virginia limited liability company By: cff1L2 Alan Resh, Member STATE OF VIRGINIA CIlY OF VIRGINIA BEACH, to-wit: ~ (SEAL) The foregoing instrument was acknowledged before me this 30th day of November, 2007, by Alan Resh, Member of Argold Dam Neck, LLC, a Virginia limited liability company, Grantor. My Commission Expires: Notary Registration No.: .)'4<* I.~~;d} Nota Public August 31, 2010 192628 6 PREPARED BY: ISO Syn:s. BOURDON. au AIIrnN & UVY. P.C WITNESS the following signature and seal: Grantor: ~~, M lin B . er, Trustee under the Elva Y. Beiler Land Trust (SEAL) STATE OFWWfNU, SOUTM CAROLINA CITY OF ~~:mM~lVil: ABBEVILLE. to-wi t: My Commission Expires: "?l'Jtu~1 01.5' ..2015' Notary Registration No.: JO'l7 7 EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF THE NORTHERN PORTION OF PROPERTY OF THE ELVA Y. BEILER LAND TRUST (PART OF GPIN: 1484-16-6408) ALL THAT certain tract, piece or parcel of land consisting of approximately 32.24 acres, more or less, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that tract ofIand known, numbered and designated as "PARCEL B, AREA = 63.858 ACRES", as shown on the plat entitled "SUBDIVISION OF PROPERTY OF ELVA Y. BEILER, KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA", dated November 23, 1994, The TAF Group, which plat was recorded December 19, 1994 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 240, at Page 6. Said portion of Parcel B is more particularly described as follows: BEGINNING at a point along the southern right of way line of Elbow Road at the northeast corner oJ the northeastern-most lot as depicted on the plat entitled "SUBDIVISION OF NEWCASTLE, SECTION 2" which subdivision plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 243, at Page 28, and from said POINT OF BEGINNING running along the southern right of way line of Elbow Road along a curve having a radius of 5794.63 feet an arc length of 144.16 feet, a chord bearing of South 700 40' 38" East and a chord distance of 114.15 feet to a point; thence continuing along the southern right of way line of Elbow Road South 710 23' 21" East, a distance of 929.98 feet to a point; thence turning and running South 180 05' 27" West, a distance of 308.43 feet to a point; thence turning and running South 190 44' 21" West, a distance of 339.33 feet to a point; thence turning and running South 220 04' 33" West, a distance of 648.78 feet to a point; thence turning and running North 530 28' 54" West, a distance of 1518.64 feet to a point along the eastern boundary of the Subdivision of Newcasfle; thence turning and running North 45007' 12" East, a distance of 927.64 feet to the POINT OF BEGINNING. Said parcel containing approximately 32.24 acres. GPIN: 1484-16-6408 (Part of) ConditionalRezone/ ArgoldDamNeck/VillageBend/Proffers_ Clean ReV_ll/o6/o8 PREPARED BY: ;go SYn~s. BOURDON. in AlIrnN & UVY. P.c. 8 IMPRE,SSIVE FITNESS DBA ANYTIME FITNESS Relevan1t Information: · Centerville District · The, applicant requests a Conditional Use Permit for a 24-hour fitness center in the Kemps River Shopping Center, within a space formerly occupied by a video rental store. · Members can workout any time of the day or night through use of a security access card to enter the club, even when it is not staffed. · The! facility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entlr}! doors, hard wired panic buttons, personal panic devices, m01tion detectors, wireless door contacts, and glass break detectors. Defibrillators will also be onsite. Evaluatilon and Recommendation: · Plalnning Staff recommended approval · Plalnning Commission recommends approval (10-0) · The,re was no opposition · Consent agenda I I I' /;:~~~ri~;~, ~~k' "'" " CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: IMPRESSIVE FITNESS, LLC D/B/A ANYTIME FITNESS, Conditional Use Permit (indoor recreational facility), 5300 Kempsriver Drive ,(GPIN 1466306381). CENTERVILLE DISTRICT. MEETING DATE: November 25, 2008 . Background: The applicant requests a Conditional Use Permit for a 24-hour fitness center in the Kemps River Shopping Center, within a space formerly occupied by a video rental store. The proposed business, Anytime Fitness, is located in 46 states and Canada. . Considerations: Members can workout any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The computer software tracking system monitors check in. Approximately 10 percent of members choose to workout between the hours of 10:00 p.m. and 5:00 a.m. The strength training equipment does not include free weights but rather plate loaded systems that do not require a spotter or exercise partner. The club offers private and secure restrooms and changing areas. The facility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. Defibrillators will also be onsite. To gain entrance, a member' holds their key fob or membership card in front of a device called a proximity reader. The reader gathers information and transmits it to a computer inside the facility. The computer verifies that the key is valid and if the member should be admitted into the club. As a member enters, they pass a mechanism called a tailgate detection system. This system validates only one person to enter the facility at a time. If more than one person enters, an audible alarm is triggered and a digital video recorder (DVR) will speed up the images per second on the member entrance door camera. Wired and wireless personal security devices (PSD) offer instant emergency notification in the event of a serious accident or illness. When a PSD button is pushed, a monitoring company will immediately call the local authorities and then contact the owner. Emergency personnel would obtain a key to the facility from a Knox box installed on the IMPRESSIVE FITNESS L.L.C. DBA ANTI ME FITNESS Page 2 of 2 exterior of the club near the entrance. The wireless PSD can be worn out of the facility and into the parking lot and functions up to 200 yards from the building. The Planning Commission placed this item on the consent agenda because they felt that this was an acceptable use for this site, the use will generate far fewer vehicle tlrips during the peak period than a typical retail use, and there was no opposition to the request. . Recomnrlendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request. . Attachments: Staff Review Disclosurle Statement Planning Commission Minutes Location Map Recommended .Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1\ 1\J City lIIanager:'~ k \ ~~ ~ I I IMPRESSIVE FITNESS L.L.C. DBA ANYTIME FITNESS Agenda Item 7 November 12,2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for an indoor recreation facility. ADDRESS I DESCRIPTION: 5300 Kemps River Drive GPIN: 14663063810000 COUNCIL ELECTION DISTRICT: CENTERVILLE SITE SIZE: Site: 2.24 acres Unit: 4,500 square foot SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a 24-hour fitness center in the Kemps River Shopping Center, within a space formerly occupied by a video rental store. The proposed business, Anytime Fitness. is located in 46 states and Canada. Members can workout any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The computer software tracking system monitors check in. Approximately 10 percent of members choose to workout between the hours of 10:00 p.m. and 5:00 a.m. The strength training equipment does not include free weights but rather plate loaded systems that do not require a spotter or exercise partner. The club offers private and secure restrooms and changing areas. The facility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. Defibrillators will also be onsite. To gain entrance, a member holds their key fob or membership card in front of a device called a proximity reader. The reader gathers information and transmits it to a computer inside the facility. The computer verifies that the key is valid and if the member should be admitted into the club. As a member enters, they pass a mechanism called a tailgate detection system. This system validates only one person to enter the facility at a time. If more than one person enters, an audible alarm is triggered and a digital video recorder (DVR) will speed up the images per second on the member entrance door camera. Wired and wireless personal security devices (PSD) offer instant emergency notification in the event of a serious accident or illness. When a PSD button is pushed, a monitoring company will immediately call the local authorities and then contact the owner. Emergency personnel would obtain a key to the facility from a IMPRESSIVE FITNESS Agenda Item 7 Page 1 knox box installed on the exterior of the club near the entrance. The wireless PSD can be worn out of the facility and into the parking lot and functions up to 200 yards from the building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: shopping center SURROUNDING LAND USE AND ZOI~ING: North: South: East: . Single-family dwellings / R-7.5 Residential District . Kemps River Drive, Post Office, retail / B-2 Community Business District . Kempsville Road, single-family dwellings / R-7.5 Residential District . Mixed retail I B-2 Community Business District West: NATURAL RESOURCE AND CULTURAL FI:ATURES: The site is within the Chesapeake Bay watershed. There are no significant environmental or cultural features on the site as it is developed as a shopping center and is almost entirely impervious. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER Tf;~ANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville ~:oad in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes a divided facility with a bikeway within a 150 foot right-of-way. A CIP project is slated in the vicinity of this site. Indian River Road Phase VIII includes construction of an eight-lane divided highway within a 155 foot right-of-way from Centerville Turnpike to Kempsville Road and full improvements at the Indian River Road-Kempsville Road intersection. Currently, this project is on the Requested But Not Funded Project Listing. The area for the Indian River Road-Kempsville Road intersection improvements should not extend to this site. Kempsriver Drive in the vicinity of this application is considered a four-lane divided collector street. No CIP projects are slated for this roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Kempsville Road 30,629 ADT 14,800 ADT (Level of Service "C") - 27,400 ADT 1 (Level of Service "E") Existing Land Use 2 - i-<empsriver Road 13,100 ADT 1 (Level of 4,500 ADT Service "C") - 22,800 ADT Proposed Land Use 3 - 1 (Level of Service "E") 148 ADT IMPRESSIVE FITNESS Agenda Item 7 Page 2 I I 1 Average Daily Trips 2 as defined by former video store 3 as defined by fitness center WATER & SEWER: This site is already connected to City water and sewer. Recommendation: Staff recommends approval of this request as submitted. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan identifies this site as within the Primary Residential Area. The Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. Development adjacent to stable neighborhoods should generally try to reinforce rather than change the positive character of neighborhoods. The Plan states that: "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non- proliferation of such activities." 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. Evaluation: Staff recommends approval of the request for an Indoor Recreational Facility at this location. While the operation of a business 24 hours a day is not typical, the applicant has addressed issues of particular concern related to safety and traffic. The information provided was reviewed and supported by the Police Department. Traffic is far reduced with this use over a typical retail operation, which is particularly important, as this portion of Kempsville Road is often overburdened with traffic, particularly during peak hours. . IMPRESSIVE FITNESS Agenda Item 7 Page 3 AE.RIAL Of SllE. LOCAilON \N\PRESSNE frrNESS Agenda \teOl 7 page 4 I I .;,0' ~t . r-~ v""""'~ ' ,._,,,. o~ -."",,,,,,,,,,,.,, ~~ SITE SURVEY SHOWING LOCATION OF UNIT IMPRESSIVE FITNESS Agenda Item 7 Page 5 CUP {or Indoor Recreation Facility No current zoning activity in the area shown on the map. ZONING HISTORY IMPRESSIVE FITNESS Agenda Item 7 Page 6 I I ~ II DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation. partnership, finn, 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: (Att8C~ list if necessary) } / ' r;; Q VI ~ f7' 2. List all businesses that have a parent-subs! laryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) M:4 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) ~1. .\j~<j'Il\'\()" tto~j~{\~S) L~C-J ~ \J~<j'~~\t>.. \~~,"*,J \\o...~\\i"\-~ (PMP~1 ~ Ro~~~- Z.1~ ~~~) ft1(),f\/)..~e.f 2. Ust all businesses that have a parent-subsidiaryl or affiliated business entltf relationship with the applicant: (Attach list if necessary) AJ/A I o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an Interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? Conditional u.. Pennil Application P8gI 90/10 Reviled 71312007 z o I I 5 ~ f-4 ~ ~ ~ ~ ~ ::::> ~ o I , f-4 ~ o u IMPRESSIVE FITNESS Agenda Item 7 Page 7 z <=> I I !< u I I ~ s:a-. ~ r-" DISCLOSURE STATEMENT j 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) H · 'Parent-5ubsidiary _Io..hlp' moans "a ..allonshlp that ax~" when ana ~ corp,ration directly or Indirectly owns shares possessing more than 50 percent of the voting powur of another corporation.. See State and Local Government Conflict of Interests Act, Va. CodEI S 2.2-3101. 2 .Afflliated business entity relationship. means "a relationship, other than parent- ~ subsidiary relationship, that exists when (i) one business entity has a controlling ownership ~ .. intenitSt In the other business entity, (il) a controlling owner In one entity is also a controlling ....... ownElr in the other entity, or (iii) there is shared management or control between the busIness entities. Factors that should be considered In detennining the existence of an smllsted ~ buslnass antity _lp lno! uda that tho sama parson or substanUally lho sama person ~ own or manage the two entities; there are common or comminglecl funds or assets; the busirless entities share the use of th e same oftlces or employees or otherwise share activities, ~ resources or personnel 0" a regular basIs; or there Is otherwise s clos. working relationship .......,. betw,lten the entities" See State and Local Government Conflict of Interests Act, Va. Code S .....::I 2.2-3101. <,Z CERTIFICATION: I certify that the informallon contained herein is true and accurate. I unc:lmsl8nd thai, upon receipt of notification (postcard) that the application has been scheduled for publK~ hearing, I am responsible for oblaining and posting the required sign on the subject property at <=> least 30 days prior to the scheduled public hearing according to the instructions In thia package. The undel'signed also consents to entry upon lhe subject property by employees of the Department of . t .....Ing mud _the .neto<......... of p-uing snd ....'....9 "';s _cat;on. F-t QJ _></"ft.L I I Applil~nt's S. nature Q~ Z propetrty <=> U Condllonal U.. Pennll App~calion P8gl10 d 10 ReviMd 7f312OO7 IMPRESSIVE FITNESS Agenda Item 7 Page 8 I I Item #7 Impressive Fitness, L.L.C. d/b/a Anytime Fitness Conditional Use Permit 5300 Kemps River Drive District 1 Centerville November 12,2008 CONSENT Joseph Strange: The next item is item 7. An application oflmpressive Fitness, L.L.C. d/b/a Anytime Fitness for a Conditional Use Permit for recreational facility of an indoor nature located on property 5300 Kemps River Drive, District 1, Centerville. David Theodore: David Theod~re from Impressive Fitness. Joseph Strange: There are no conditions attached to this. So, you are on the consent agenda. Is there any opposition to this matter being placed on the consent agenda? David Theodore: Thank you. Janice Anderson: Thank you. Joseph Strange: The Chairman has asked Barry Knight to review this item. Barry Knight: This agenda item 7 is Anytime Fitness. The applicant requests a Conditional Use Permit for a 24-hour fitness center in the Kemps River Shopping Center, within a space formally occupied by a video rental store. The members can work out any time of day or night through a security access card. It is in a shopping center. We had a little discussion about peak hour traffic load there, but the way it is zoned, it could have a business by-right there with more traffic; so, we view it as an acceptable use of this space of a shopping and have placed it on the consent agenda. Joseph Strange: Thank you Barry. Madam Chairman, I make a motion to approve agenda item 7. Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS ABSENT Item #7 Impressive Fitm:ss, L.L.c. d/b/a Anytime Fitness Page 2 KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 7. NKE A.SSETS, LLC Nl<E A " M~p l~~,,_ , ,..,,,,,,. t.,\" '!.<' '. ~r:..~:", L.~:.~j m~}!\ \ \ \ \' ,....., , '..,. ..... ,1. ~ ~i11 mm~, l,:,!;;~~ . t I I t I t I ,I I I . I ~))i I I ,. ; " 1"'1 1 ;:.~~~ 1"'.1 Relevant Information: · Beach District · The applicant requests a Conditional Use Permit for bulk storage, which will permit the temporary storage of six (6) portable cargo containers in the rear of the property, The cargo containers are curl'ently located on the site, · The applicant has had need for additional space and is also looking at the possibility of renting another condominium unit within this complex, which will eliminate the need for the storage containers, · A olrle-year limit is recommended to provide time for the applicant to seclure another condo unit and to move the items out of the cargo containers to that unit. Evaluatic)n and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition · Consent agenda I I ({J) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NKE ASSETS, LLC D.B.A. LIGHTING VIRGINIA, Conditional Use Permit (bulk storage). 596 Central Drive, Suite 110 (GPIN 14967643971540). BEACH DISTRICT. MEETING DATE: November 25, 2008 . Background: The applicant requests a Conditional Use Permit for bulk storage, which will permit the temporary storage of six (6) portable storage containers in the rear of the property. The storage containers are currently located on the site. The applicant was not aware of the Use Permit requirement for use of the containers as storage. . Considerations: The applicant occupies Suite 110 and recently purchased the adjacent commercial condominium unit, Suite 109, for additional storage and increasing inventory for the applicant's lighting business. This site is in an area surrounded by industrial uses where bulk storage (storage containers) requires a Conditional Use Permit. The applicant was unaware of this requirement, and once informed, applied for the permit. The six (6) existing storage containers are located to the rear of the property in the southeast comer. The containers are screened from the front of the site by the office-warehouse building, screened from the rear by the adjacent self-storage facility rear wall, which extends almost the entire length of the eastern property line. Along the southern property line, there is a continuous hedge of landscape that screens this property from the adjacent fire station. The rear entrance to the property is on Industry Lane, which leads directly to the rear parking area for the vehicles of the various businesses, unloading and loading, as well as deliveries. Use of portable cargo containers is not the preferred method for storage of inventory or equipment. The applicant concurs, and since he also has need for additional space, he is investigating the possibility of renting another condominium unit, which will eventually eliminate the need for the storage containers. To ensure the storage within the containers is moved to a permanent building and the containers are then removed, a condition is recommended below that limits this Use Permit to a one-year time period. This will allow the applicant time to secure the neighboring warehouse unit, make any changes to NKE Assets, L.L.C. Page 2 of2 the space that may be necessary, and then move the stored items into the new space. The Planning Commission placed this item on the consent agenda because the use of the storage trailers is temporary, the trailers are well-screened from surrounding properties, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. Container storage of equipment related to the business shall be limited to the area defined "Container Storage Area" on the submitted plan entitled "Condominium plat of Central Drive Condominium", Sheet 1 of 4, prepared by G.F. Sutton & Associates Engineers, Surveyors, Planners, dated 2-23-88. Said plan has been exhibited to the City of Virginia Beach City Council and is on 1ile in Planning Department. 2. Thi~; Conditional Use Permit is valid for a one (1) year period from the date of approval by City Council with no extensions. 3. There shall be no outdoor storage of equipment. 4. The applicant shall obtain all required permits and inspections from the Planning Department's Permits and Inspections Division and the Fire Department. . Attachments: Staff Re view Disclosure Statement Plannin!~ Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. '~~ Submitting Department/Agency: Planning Department CKy Manager:'~ k. . ~ """z.. I I NKE ASSETS, LLC Agenda Item 8 October 8, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for bulk storage (storage containers) ADDRESS 1 DESCRIPTION: 596 Central Drive, Suites 109 and 110 GPIN: 14967643971540 COUNCIL ELECTION DISTRICT: BEACH SITE SIZE: Total site - 1.879 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for bulk storage, which will permit the temporary storage of six (6) portable storage containers in the rear of the property. The storage containers are currently located on the site. The applicant was not aware of the Use Permit requirement for use of the containers as storage. The applicant occupies Suite 110 and recently purchased the adjacent commercial condominium unit, Suite 109, for additional storage and increasing inventory for the applicant's lighting business. The applicant has had need for additional space and is also looking at the possibility of renting another condominium unit, which will eliminate the need for the storage containers. Currently this applicant has ten (10) full time employees. The hours of operation are Monday though Friday 8:00 a.m. until 5:00 p.m. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Developed office-warehouse site with associated parking SURROUNDING LAND North: . USE AND ZONING: South: . East: . West: . Across Industry Lane, automotive repair and bulk storage 11-1 Light Industrial District Industrial uses 11-2 Heavy Industrial District Self-storage facility /1-1 Light Industrial District Across Central Drive, self-storage facility and office-warehouse /1-1 Light Industrial District NKE ASSETS, LLC Agenda Item 8 Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious, as it is developed with structures and pavement. There are no known significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and within Accident Potential Zone (APZ) 2 surrounding NAS Oceana and is subject to an easement owned by the United States Navy. The Navy has no objection to this request, as the use is compatible with this AICUZ. A bulk storage yard (storage containers) is allowed under the terms and conditions of the Grant of Easement. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTP) I CAPITAL IMPROVEMENT PROGRAM ICIP): Central Drive is a 2-lane colledor. There are no roadway improvement projects programmed for Central Drive. The existing storage containers will have no impact on traffic volumes. WATER& SEWER: This site is connected to City water and City sanitary sewer. The storage containers will have no impact. FIRE: No Fire Department comments at this time. EVALUATION AND RECOMMENDATION Recommendcltion: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehonsive Plan Map recognizes this area of the city as Strategic Growth Area 9 - West Oceana Area. The Comprehensive Plan identifies this property located in the southeastern part of this Strategic Growth Area as suitable for low-intensity industrial uses that conform to AICUZ provisions. Evaluation: This site is in an area surrounded by industrial uses where bulk storage (storage containers) requires a Conditional Use Permit. The applicant was unaware of this requirement, and once informed, applied for the permit. The six (6) existing storage containers are located to the rear of the property in the southeast corner. The containers are screened from the front of the site by the office-warehouse building, screened from the rear by the adjacent self-storage facility rear wall, which extends almost the entire length of the eastern property line. Along the southern property line, there is a continuous hedge of landscape that screens this property from the adjacent fire station. The rear entrance to the property is on Industry Lane, which leads directly to the rear parking area for the vehicles of the various businesses, unloading and loading, as well as deliveries. NKE ASSETS, LLC Agenda Item 8 Page 2 ; I Use of portable cargo containers is not the preferred method for storage of inventory or equipment. The applicant concurs, and since he also has need for additional space, he is investigating the possibility of renting another condominium unit, which will eventually eliminate the need for the storage containers. To ensure the storage within the containers is moved to a permanent building and the containers are then removed, a condition is recommended below that limits this Use Permit to a one-year time period. This will allow the applicant time to secure the neighboring warehouse unit, make any changes to the space that may be necessary, and then move the stored items into the new space. The site is also located within a Greater than 75 dB Ldn AICUZ and an Accident Potential Zone 2, which limits uses on this site. This use is, however, in conformance with the Comprehensive Plan and is compatible with the adjacent industrial area and Air Installation Compatible Use Zone (AICUZ) regulations. Staff finds the request to temporarily store containers on-site acceptable with the conditions listed below. CONDITIONS 1. Container storage of equipment related to the business shall be limited to the area defined Container Storage Area on the submitted plan entitled "Condominium plat of Central Drive Condominium", Sheet 1 of 4, prepared by G.F. Sutton & Associates Engineers, Surveyors, Planners, dated 2-23-88. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in Planning Department. 2. This Conditional Use Permit is valid for a one (1) year period from the date of approval by City Council with no extensions. 3. There shall be no outdoor storage of equipment. 4. The applicant shall obtain all required permits and inspections from the Planning Department's Permits and Inspections Division and the Fire Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NKE ASSETS, LLC Agenda Item 8 Page 3 AERIAL OF SITE LOCATION NKE ASSETS, LLC Agenda Item 8 Page 4 I I /:I ~ a ~ l!i" "'; a.. \!'~ :r: .- .... U ,.jt: ~ ~: ~~!! ltw-- ... NO .~ :: ~aU . -. ....:.;~ 0. Q:!' s~ .c ~ig9 ~ .. ... ~ ~ II 15 D ii: ~ i Ii .. : ~ . i . " ~ a I . ~ ~ 00 4 0 is ! -2 c E I .0 : - '- c " ~ . ... ~ __ _ II:' . i~::::; :\ !~....:~ ~ .g~l:q .. ! !' : tO~.~ 0 .r:::tc :'.:;a i ,gsg : o ~ ~ 'i ~p 4.>- E..a : ~~ c.... . ~~ ~G~ '- . z a u~ SITE PLAN NKE ASSETS, LLC Agenda Item 8 Page 5 ",',; ,.I ,~ ,\''';'"~\!; ..8' -::~"~r'"'' .' ,,,.....- '" . ;,. \ '~.~,~; ~,t> ~ \\ 'nf~ \ ~lf,r- .. \' " \.-....- <i:t '\ , ." '<1.1,t"; \ \: , ",~ """,,~v ~'7~ . \ .. ~,... ~....- 't'. \ . ~ ~ "$<P ~ ,'" I ' Ir .'~ l~ ~i;\. .,~ ~'.' , ',.~ ~"" >",,'<-"'\~ ~ _,,,- t.. ~"~"",,, J.. !l ' "",,,,,,:'; PHOTOGRAPHS OF BULK STORAGE - NKE ASSETS. LLC Agenda \tem B Page 6 I I ,,,~--,' ' " ,<'\":,'- .'''-''''''' , "I, t: ,;}4\ ' . x~ . , ' , > , "{ ~.. ! ' ~-,-""" '''-''I \'\ 1, u " w. ~ . ~<' ~, I "1 "", ft 1" It 'tl ..*."'.$J;. .."". ; ~> . ~~ ,.A ' \':,\,'11 ' }','~;.l' ,.., ~ 1 .. I, t! ,r , '$, ~ l , '........ PHOTOGRAPH OF BULK STORAGE NKE ASSETS, LLC Agenda Item 8 Page 7 .\<lap 1-8 1m! . . tnla 1 1 r, i i \ '! \ \ 1, \ I \ ~t \ . 'l \ , '~. . j ~. ;I )',. ' "'" ..) l.. ~ . i " ". ~ ,'" I >~ ~ 'if I ~ ~ . , , I I I I 1 I ! ! I I I I ! I I ! ! I I I I I ..! f. t" 31-1 APZ-2 .2> 7 ~ ttfh::\ . \\ I \1 I 1-~PZ-2 ~i4:'~'" . "'. ~'l '-".,. ~_y._m" r. --'1'" .1.-.... . ....~.::_, eefP If)( Bulk Sl()ragt-' ~)I()rdg(' COIl{dincr:.) 1-2 ~I-06/241 . 10/29/ 05/11/ 2 10/13/ i 05/12/ l 3 -'- g~~t i 4 03(?8/95 --=~~:~::~ I 08 Mo 96 Co 87 Co 92 Co - .. 92 Co 03 Co 98 Co dification of Conditions __n......._. _......" .............- t].9Jtional Use Ef:jrmit (autolJ'otive repair & q~lk storage) nditional U~5? Permit (b~ll< storage yarctL nditiot]al Use Permi~ (automoti\t'~_!epair garage}_ 'l~itional Use Permit (cC?Qtractor's equiplil.~nt stor~ nditional!)se Permit (bulk storage Y€l..':.9) B nditional Use P~rmit (contrac!~r's equipmE?!!.t~torage) ._ Granl~9_j I CO_Q_gitional Us~Permit (allJQmotive repairf9~ility) __mmm G_~C!~ted I .-........ _m...:.......j Granted I .-..... Granted ...-.... e Granted Granted ----.-. .-....... NKE ASSETS, LLC Agenda Item 8 Page 8 I I 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) NKE ASSETS, LLC JOEL S PETERSON. MICHAEL E BIVENS 2, List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) SUBSIDIARIES OF NKE ASSETS, LLC ARE LIGHTING VIRGINIA AND FIRST LIGHT VIRGINIA, BOTH ARE OPERATED FROM 596 CENTRAL D Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the property owner name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) 2, Li~ all businesses that have a parent-subsidiary' or affiliated business entitl relationship with the applicant: (Attach list if necessary) D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, 1 2 & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No ~ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit ApplicatIOn Page 9 of '0 Revised 7/312007 z o I I !< u I I .....:r =-- ea E--4 ~ ie r;.:r ~ ~ ~ o I I E--4 I I Q Z o u NKE ASSETS, LLC Agenda Item 8 Page 9 z o I I ~ U I I ~ J:Lc ea f-4 ~ ~ J:Lc ~ CI':} ;::J ~ o I I f-4 I I c:=a Z o u .,.., ~;:~., DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) STALLINGS & BISCHOFF, PC 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code 9 2,2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship , between the entities," See State and Local Government Conflict of Interests Act, Va Code 9 2.2-3101 CERTIFICATION: I certify that the information contained herem is true and accurate I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heanng, I am responSible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public heanng according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of p,,"",", '" ~'h' ,iI. 10' p",po", of P"""""' "" "a'oa", Ih" apoli""" 1J..k I 1'1t1:ft-1n 6, "NUl} Appli ' i n ture Print Name Joe.L.S .~ON:.j~ Pnnt Name Conditional Use Permit ApplicatIOn Page 100110 ReVised 71312007 DISCLOSURE STATEMENT NKE ASSETS, lLC Agenda Item 8 Page 10 I II Item #8 NKE Assets, L.L.C. d/b/a Lighting Virginia Conditional Use Permit 596 Central Drive, Suite 110 District 6 Beach October 8, 2008 CONSENT Joseph Strange: The next item is item 8, an application ofNKE Assets, L.L.C. d/b/a Lighting Virginia for a Conditional Use Permit for bulk storage on property located at 596 Central Drive, Suite 110, District 6, Beach, with four conditions. Tariq Louka: Good afternoon ladies and gentlemen of the Planning Commission. My name is Tariq Louka on behalf ofNKE Assets. We have read the conditions and we have no objection. Joseph Strange: Thank you very much. The Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. This is a Conditional Use Permit for bulk storage. This site is located in an area surrounded by industrial uses. The applicant was unaware of the requirement to getting a Conditional Use Permit, and once informed they applied for one. There are six (6) existing storage containers located on the rear of this property. The containers are screened from the site by the office warehouse building and from the side by heavy landscaping. The applicant agrees that this is not the preferred method to storage , inventory, and has been looking for other condominium units in this building to store these items. This is a temporary use; so, therefore we added a condition 2 that limits this Conditional use Permit to a one year time period. And therefore, the Commission felt that they should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I would like to make a motion to approve agenda item 8. Janice Anderson: A motion by Joe Strange and a second by Barry Knight. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYE KNIGHT AYE ABSENT 1 ABSENT Item #8 NKE Assets, L.L.c. d/b/a Lighting Virginia Page 2 LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent. CITY OF VIRGINIA BEACH Relevanlt Information: · Princess Anne District · 91.5 acre site adjacent to Sportsplex. · Re;r:oning of 7.1 acres to B-2 for sports-related retail, sports skills instruction, sports training, sports therapy, wellness training and conditioning, and a restaurant. · Us<<t Permit on 84.4 acres for indoor and outdoor recreation consisting of soccer, field hockey, lacrosse and flag football on various sized indoor playing fields. The facility will also incorporate locl(er rooms, party rooms, a concession area and a small gym. Evaluatil)n and Recommendation: · Planning Staff recommended approval Planning Commission recommends approval (10-0) · There was no opposition · Consent agenda I II ~~1F~~~:'l. ~~r~~.~~~~., ~'~~'I':::::': '::,;.;i;c;~..._, t';;"........ .......~'<1.1 \:,~~1;~:: ~~:l3 ~~~ ~i;~>>;..;/.~~~{i ~..;~~.....:.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, ChanQe of Zonina District Classification from AG-1 Agricultural District to B-2 Community Business District. PRINCESS ANNE DISTRICT MEETING DATE: November 25,2008 . Background: The applicant proposes a Change of Zoning of 7.1 acres of a 91.5 acre site to B- 2 Community Business District for sports-related retail, sports skills instruction, sports training, sports therapy, wellness training and conditioning, and a restaurant. . Considerations: The applicant is requesting an indefinite deferral. . Recommendations: Indefinite Deferral of the item . Attachments: Location Map Recommended Action: Indefinite Deferral. )~ Submitting Department/Agency: Planning Department CRy Manager~ t,dtl~ CITY e)F VIRGINIA BEACH Relevan1t Information: · Princess Anne District · 91.!i acre site adjacent to Sportsplex. · Rez:oning of 7.1 acres to B-2 for sports-related retail, sports skills instruction, sports training, sports therapy, wellness training and conditioning, and a restaurant. · Use' Permit on 84.4 acres for indoor and outdoor recreation consisting of soccer, field hockey, lacrosse and flag football on various sized indoor playing fields. The facility will also incorporate loc.~er rooms, party rooms, a concession area and a small gym. Evaluati()n and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition Consent agenda I I t~~.~...:\ ~r~.,.:~,;;~~ \~('::~::':: :;!*:.:\~ \~.,."'".,., .,:<" .., . ,'"...,... ..... t'. .;' ': ill 'l~~;~~. ~~.f; ""1..:. "/ ."........4 ~..~~..... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Conditional Use Permit for recreational facilities, 2181 and 2257 Landstown Road. PRINCESS ANNE DISTRICT MEETING DATE: November 25, 2008 . Background: The applicant proposes a Conditional Use Permit on 84.4 acres for indoor and outdoor recreation consisting of soccer, field hockey, lacrosse and flag football on various sized indoor playing fields. The facility will also incorporate locker rooms, party rooms, a concession area and a small gym. . Considerations: The applicant is requesting a deferral of this application to the December 9, 2008 City Council meeting. . Recommendations: Deferral to December 9,2008 . Attachments: Location Map Recommended Action: Deferral to December 9 City counCi~ ~e\ing. Submitting Department/Agency: Planning Department I~ City Manage~ \( ,~~\ I II '(i~ITI:l.:~ffi~.~%l~, ~ ...... .-..... , . ~t1::J?~~:,.,::::'{::i~1 .......;~~~:;:;:.;::;::;..... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Zoning Ordinance Amendment, Minimum Right-ot-Way and Minimum Paved Width tor Minor Subdivision Streets MEETING DATE: November 25,2008 .............................................................................................................................................................................................................................................................................................................. . Background: An Ordinance to Amend Section 4.1 of Appendix B, Subdivision Regulations, Pertaining to the Deletion of the Minimum Right-of-Way Width and Minimum Paved Width for Minor Subdivision Streets. . Considerations: At its May 9, 2006 meeting, the Virginia Beach City Council established the Green Ribbon Committee and appointed members to the Committee to provide advice and assistance to the City Council in matters relating to water quality in the City's waterways. The first meeting of the Green Ribbon Committee was held on Nov. 9, 2006. The 30-member committee spent more than 600 hours developing recommendations for regulatory, procedural and operational changes that the City can consider to improve water quality. The Green Ribbon Committee Final Report was presented to the City Council on Nov. 20, 2007. Since November, the Committee has been working on measures directed at implementing recommendations of the Final Report. The Preliminary Draft of Green Ribbon Implementation Committee Recommendations was completed on May 19, 2008. The Implementation Committee delivered its Report to City Council on July 1, 2008 and presented the Green Ribbon Committee Implementation Report at the July 8, 2008 City Council Briefing. The proposed amendment is a component of Phase One of the Implementation Program. The amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdivision streets (those that serve 10 or more residential lots of less than 7,500 square feet). The affect is to reduce the width of such streets from a right-of-way of 60 feet to 50 feet, with a corresponding reduction in pavement width from 36 feet to 30 feet. This amendment was recommended by the Green Ribbon Committee as a means of reducing impervious cover. CITY OF VIRGINIA BEACH - AMENDMENT TO SUBDIVISION ORDINANCE Page 2 of2 . Recol1l1mendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this amendment. . Attachments: Staff RI~view Ordinance Planning Commission Minutes ................................................................................................................................................................................................................--................................................................................................................................................ Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DE!partmentlAgency: Planning Department City Manager: ~ k. .1t3~ I~~ I I' CITY OF VIRGINIA BEACH AMENDMENT TO SUBDIVISION ORDINANCE I STREET WIDTH Agenda Item 22 November 12, 2008 Public Hearing REQUEST: An Ordinance to Amend Section 4,1 of Appendix B, Subdivision Regulations, Pertaining to the Deletion of the Minimum Right-of-Way Width and Minimum Paved Width for Minor Subdivision Streets, This item was deferred by the Planning Commission at the request of staff on August 13, 2008, to provide time for the Commission to receive a briefing on the recommendations of the Green Ribbon Committee Implementation Report The item was deferred again on October 8, 2008. SUMMARY OF AMENDMENT At its May 9, 2006 meeting, the Virginia Beach City Council established the Green Ribbon Committee and appointed members to the Committee to provide advice and assistance to the City Council in matters relating to water quality in the City's waterways. The first meeting of the Green Ribbon Committee was held on Nov. 9, 2006. The 30-member committee spent more than 600 hours developing recommendations for regulatory, procedural and operational changes that the City can consider to improve water quality. The Green Ribbon Committee F.inal Report was presented to the City Council on Nov, 20, 2007. Since November, the Committee has been working on measures directed at implementing recommendations of the Final Report. The Preliminary Draft of Green Ribbon Implementation Committee Recommendations was completed on May 19, 2008. The Implementation Committee delivered its Report to City Council on July 1, 2008 and presented the Green Ribbon Committee Implementation Report at the July 8, 2008 City Council Briefing, The proposed amendment is a component of Phase One of the Implementation Program, The amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdivision streets (those that serve 10 or more residential lots of less than 7,500 square feet), The affect is to reduce the width of such streets from a right-of-way of 60 feet to 50 feet, with a corresponding reduction in pavement width from 36 feet to 30 feet. This amendment was recommended by the Green Ribbon Committee as a means of reducing impervious cover. As background regarding the evolution of street widths in Virginia Beach, the following is provided. In early 1988, Section 4.1(m) of the Subdivision Regulations contained two subsections under "Minor" streets, Le., "a) commercial or industrial uses" and "b) residential uses," The "residential uses" required a minimum right-of-way width of 50 feet and a paved section of 30 feet. ... ... . ..... . . . . . . .. ... CITY OF VIRGINIA BEACH / STREET WIDTHS . .... .. .. 'Agenda Item: 22 R~g'~1 During the 1970s and 1980s, many subdivisions with small lots were created. Some of these subdivisions used the R-B Residential zoning district with its 5000 square foot lots, 50-foot widths and the "zero lot line" or "reduced side yard setback" options. Others used the A-1 Apartment zoning district to create 40-foot wide townhc,use lots with units attached by sheds to obtain higher density with a single-family appearance Small single-family lots were also allowed in the A-1 district. The combination of 20-foot front yard setbacks, single wide driveways and the ability to use the garage for required parking soon developed into a safety issue in these neighborhoods. Since garages are seldom used for parking a vehicle and residents usually do not like moving the last vehicle in the driveway to allow the l'irst vehicle to exit, parking on both sides of the street became the standard. On April 18, 1988, City Council adopted a completely revised City Zoning Ordinance. One of the many changes addressed residential parking. Section 505 restricted the use of garages and enclosed or covered parking spaces from being used to meet the residential off-street parking requirements. This change, coupled with the small front yard setbacks, forced these types of developments to either increase the front yard setbacks to 36 feet or provide double wide driveways, thereby relieving the streets from assuming a large amount of the burden of supplying parking for the dwellings. In most, if not all cases, the double wide driveway was provided; however, the ordinance continued to allow stacked parking for one and two fam Iy residential units. On September 6, 1988, City Council approved the first of two changes to the Subdivision Regulations to further addre,ss parking on the streets of subdivisions with small lots. Section 4.1(m) Minor streets (b) was expanded to allow lots of 7500 square feet or more or fewer than 10 lots of less than 7500 square feet on a cul-de-sac to develop on a 50-foot right-of-way and a 3D-foot paved section. Subsection (c) was created to require 10 or more lots of less than 7500 square feet to develop on a 60-foot right-of-way and a 36-foot paved section. The other newly created Subsection (d) required townhouse lots to be platted on a 50-foot right-of-way ;:Jnd a 30-foot paved section. Section 4,1(rn) Minor streets (b) was once again amended on June 11,1990. This amendment allowed the lots referenced in Subsection (c) [10 or more lots less than 7500 square feet] to have the option of using a 50-fclot right-of-way with a 3D-foot paved section if all of the required driveways are a minimum of 18 feet in width, RECOMMENDATION Approval of the amendments is recommended, . . _._ _ on . .. . . .. .. .". CITY OF VIRGINIA BEACH / STREET WIDTHS Agenda IteqJ22 e~Q.~2 i I: Item #22 City of Virginia Beach An Ordinance to amend Section 4.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum Right-of-Way Width and Minimum Paved Width for MinOT Subdivision Streets November 12, 2008 CONSENT Joseph Strange: The next item is item 22. An Ordinance to amend Section 4.1 ofthe Appendix B, Subdivision Regulations pertaining to the deletion ofthe Minimum Right-of- way Width and Minimum Paved Width for Minor Subdivision Streets. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Al Henley to review this item. Al Henley: Thank you. This section is concerning an amendment to the City Ordinance regarding subdivision regulations pertaining to the deletion of the minimum right-of-way width and a minimum paved width of minor subdivision streets. In 2006, City Council established a Green Ribbon Committee, which I had the honor of serving on, and appointed members of the committee to provide service and assistance to City Council in matters relating to water quality in the city's waterways. This amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdivisions and the width for such streets or residential lots that are less than 7,500 square feet. The affect is to reduce a width of such street from the right-of-way from 60 feet to 50 feet with a corresponding reduction in pavement width from 36 feet to 30 feet. This amendment was recommended by the Green Ribbon Committee as a means of reducing impervious cover to improve water quality. As background regarding the evolution of street widths in Virginia Beach, Subdivision Regulations contained two subsections under "Minor" streets. They were commercial or industrial and residential uses. The residential uses require a minimum width of 50 feet and a paved section of 30 feet. This amendment allows ten or more lots less than 7,500 square feet to have an option of using the 50-foot right-of-way width and a 30-foot of paved section of street, and providing the driveways are a minimum width of 18 feet. Being that this is good for the environment, we have placed this on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madam Chairman, I make a motion to approve agenda item 22. Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item #22 City of Virginia Beach Page 2 HORSLEY KA TSIAS KNIGHT LIVAS REDMOND RUSSO STRANGE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 22. Janice Anderson: Thank you very much. Thank you Mr. Strange for handling the consent agenda. For all of those who had a matter on the consent agenda, I thank you for coming today. I appreciate your appearance here. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 I I AN ORDINANCE TO AMEND SECTION 4.1 OF APPENDIX B (SUBDIVISION REGULATIONS), DELETING THE MINIMUM RIGHT OF WAY WIDTH AND MINIMUM PAVED WIDTH REQUIREMENTS FOR MINOR SUBDIVISION STREETS Section Amended: S 4.1 of Appendix B BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.1 of Appendix B of the City Zoning Ordinance is hereby amended and reordained to read as follows: APPENDIX B SUBDIVISION REGULATIONS DESIGN STANDARDS Sec. 4.1. Streets and alleys. (m) (1) Street right-of-way widths shall be as specified in officially adopted elements of the comprehensive plan relating to streets. Where not shown therein, pavement widths and right-of-way widths for public streets shall be in relation to the proposed density and/or the land use of the property adjacent to the roads and within the parcel sought to be subdivided, but in no case, be less than as follows: TABLE INSET: Minimum R/W Width (feet) b. Serving residential lots of 7,500 square feet or more, or fewer than 10 lots of less than 7,500 square feet on a cul-de-sac, or 10 lots or more of less than 7,500 square feet where adequate legal assurance has been provided that all required driveways on lots served by such street shall be at least 18 feet wide 50 Minimum Paved Width (face to face of curb) (feet) 30 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 G,. Serving 10 or more reGidentiallotG of leGG than 7,500 Gquare foet w Je €h c. Serving townhouse lots in the R-2.5 zoning category 50 30 COMMENT This amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdhision streets. This amendment was recommended by the Green Ribbon Committee as a m<<~ans of reducing impervious cover. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day of NCY: CA10811 July 28.2008 R-4 I I: L. APPOINTMENTS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION P ARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) TIDEW A TER REGIONAL GROUP HOME COMMISSION I I M. UNFINISHED BUSINESS I I N. NEW BUSINESS O. ADJOURNMENT Citv Council Sessions for November and December 2008 December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Agenda 11/19/08 mb www.vbgov.com I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: 11/18/08 M B L D C E L E D H C R A W PAGE: 1 S 1 E J L N U N 1 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 VA BRIEFING: WILLIAMS FARM COMMUNITY Barry Frankenfield, RECREATION CENTER Administrator - Planning Design and Development, Parks and Recreation B PLANNING ITEMS REVIEW Jack Whitney, Director - Planning IVlIVlV/A CITY COUNCIIJSCHOOL BOARD ANNUAL FIVE-YEAR FORECAST Catheryn Whitesell, Director - Management Services E CERTlFICA TlON OF CLOSED APPROVED 8-0 Y Y Y Y Y Y Y A A Y A SESSION VIIF MINUTES Informal/Formal Sessions 10/28/08 APPROVED 7-0 Y Y A Y Y Y Y A A Y A B S T A I N E D G/H/I TOWN CENTER PHASE IV - Patricia Phillips, BRIEFING Director, Finance Mark Wawner, Project Development Coordinator - Economic DeveloDment VI PUBLIC HEARING Applicant LEASE OF CITY-OWNED PROPERTY - explained need Sheffield Court (Frank & Laura Mulcahy J/K/I Ord to AMEND ~2-20 re time/place ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A of City Council meetings CONSENT CITY OF VIRGINIA BEACH SUMMAR Y OF COUNCIL ACTIONS V 0 I DATE: 11/18/08 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 2 Ord to AUTHORIZE the Beacon DEFERRED TO 8-0 Y Y Y Y Y Y Y A A Y A Exchange agreement! 11/25/08, BY APPROPRIA TE fund!:! CONSENT AUTHORIZE EDIP funds for the Exchange 3 Ord to AUTHORIZE five-year lease of ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A City-owned property with Frank T,/Laura CONSENT R, Mulcahy off Sheffield Court re Pembroke Lake DISTRICT 4 - BA YSIDE 4 Ord to AUTHORIZE encroachments into ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A a portion of Lake Wesh,v for GARY W. CONSENT LONDON/MARLETA K. LONDON, at 468 Souths ide Road DISTRICT 6- BEACH 5 Resolution REQUESTING design for ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A SalemlPrincess Anne Road CONSENT 6 Ord to ACCEPT/APPROPRIATE a Grant ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A from Va Forestry IConserva tion and CONSENT Recreation re Urbal1 Tree Canopy Analysis 7 Ord to ACCEPT/APPROPRIATE Grant ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A from Va Emergency Management to CONSENT COMIT 8 Ord to ACCEPT/APPROPRIA TE ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A donation of parts from FIREHOUSE CONSENT SUBS PUBLIC SAFETY FOUNDA TION re fire prevention e 9 Ord to ACCEPT/APPROPRIA TE a ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A Grant from FEMA re of V A- TF2 CONSENT Urban Search/Rescue Team tropical stonnslhurricanes 10 Ord to ACCEPT/APPROPRIATE a ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A Grant from FEMA re EMS "Four-for- CONSENT Life II Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A a Grant from Va Health re medical services CONSENT for EMS Four-for-Life 12 Ord to ACCEPT/APPROPRIATE a ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A Grant from Criminal Justice CONSENT Services to Police re terrorism deterrent I I CITY OF VIRGINIA BEACH SUMMARYOFCOUNCftACnONS V 0 I DATE: 11/18/08 M B L 0 C E L E 0 H C R A W PAGE: 3 S I E J L N U N I T E 0 N 0 A 0 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 0 13 Ord to ACCEPT/APPROPRIATE a ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A Grant from DEA to Police re canines CONSENT ADD ON Resolution REQUESTING Comm, ADDED/ 8-0 Y Y Y Y Y Y Y A A Y A of Va reimburse City re costs for ADOPTED, BY constructing multi-use Correctional CONSENT facility L11 CHRISTINE PINKSTON CUP re APPROVED/ 8-0 Y Y Y Y Y Y Y A A Y A kennel at 1428 Princess Anne Road, CONDITIONED, DISTRICT 7 - PRINCESS ANNE BY CONSENT 2 T ANlKA ORA WHORN CUP re home APPROVED/ 8-0 Y Y Y Y Y Y Y A A Y A daycare at 811 Admissions Court. CONDITIONED, DISTRICT 2 - KEMPSVILLE BY CONSENT 3 T-MOBILE NORTHEAST, L.L.c. CUP APPROVED/ 8-0 Y Y Y Y Y Y Y A A Y A re tower at 2224 Greenwell Road, CONDITIONED, DISTRICT 4 - BA YSIDE BY CONSENT 4 ARGOLD DAM NECK. L.L.C. COZ DEFERRED TO 8-0 Y Y Y Y Y Y Y A A Y A /Tom R-IS/AG-I to Conditional R-7.S at 11/25/08 Dam Neck Road/Southcross Drive DISTRICT 7 - PRINCESS ANNE 5 Ordinance to AMEND Comp ADOPTED, BY 8-0 Y Y Y Y Y Y Y A A Y A Plan/incorporate 2008 OUTDOOR CONSENT PLAN as n appendix M APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) TIDEWATER REGIONAL GROUP HOME COMMISSION P ARKS AND RECREATION COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 11/18/08 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 MILITARY ECONOMIC Admiral Fred 9-0 Y Y Y Y Y Y Y A Y Y A DEVELOPMENT ADV ISOR Y Ruehe COMMIlTEE Unexpired thru 2/28113 Appointed: Admiral Fenton Priest 11/18/08- 2/28/13 SOUTHEASTERN PUBLIC SERVICE Reappointed: 9-0 Y Y Y Y Y Y Y A Y Y A AUTHORITY (SPSA) Michael 1. Barrett 4 Year Term Appointed: Alternate" Philip A. Shucet 1/1/09-12/31/12 VIRGINIA BEACH COMMUNITY Appointed: 9-0 Y Y Y Y Y Y Y A Y Y A DEVELOPMENT COR~ORA TION Christopher M, (VBCDC) Beale 4 year Term 111/09-12/3]/12 WORKFORCE HOUSn~G ADVISORY Appointed: 9-0 Y Y Y Y Y Y Y A Y Y A COMM]lTEE Gary Arnold, Architect 4 year Term 10/] /08-9130/1 2 N/O ABSTRACT OF VOTES - General Recorded B Y C 0 N S E N S U S Election of November 4,2008 P ADJOURNMENT 6:56PM PUBLIC COMMENTS 2 Speakers re "Open Dialogue" Election Day 6:57-7:11 PM Citv Council Sessions for November and December 2008 November 25 Briefing, Informal, Formal, including Planning December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning