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JANUARY 26, 2010 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K. SPORE CITY ATTORNEY—MARK D. STILES CITY ASSESSOR — JERALD BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK —RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 26 January 2010 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 - A. WILLIAMS FARM COMMUNITY RECREATION CENTER Cindy Curtis, Director —Parks and Recreation B. ANIMAL SHELTER CONSTRUCTON and OPERATIONS COST ESTIMATES David Hansen, Deputy City Manager C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance 1 II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 2:30 PM 4:OOPM I V. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jim Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 12, 2010 2. SPECIAL FORMAL/CLOSED SESSIONS January 19, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION — U.S. Census Bureau and City Partnership [for a full and accurate Census count in 2010] I. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY 1108 Jackson Street 2. LEASE OF CITY -OWNED PROPERTY — Virginia Beach Farmers Market a. Elaine Jenkins (t/a Kempsville Florist, Inc.) Space No. 11 J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §23-50.1 re penalty for failure to comply in the removal of certain trees b. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass 2. Ordinance DECLARING the property at 1108 Jackson Street EXCESS and AUTHORIZE the City Manager to sell the property to Gary Kimnach 3. Ordinance to AUTHORIZE the City Manager to ACCEPT certain gifts or donations on behalf of the City, not to exceed Twenty-five Thousand Dollars ($25,000) 4. Ordinance to AUTHORIZE the City Manager to execute a lease at the Farmers Market for three (3) years with Elaine Jenkins (t/a Kempsville Florist, Inc.) 5. Resolution in SUPPORT of a Grant application to the Virginia Department of Conservation and Recreation (DCR) re the development of a trails project in Marshview Park and AUTHORIZE the City Manager to enter into the necessary Agreement 6. Resolution DECLARING the Sheriff's lease of electronic monitoring equipment is no longer in the public interest and funding will be terminated 7. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT urban maintenance payments for: a. additional local/collector and arterial streets b. changes to the urban maintenance funding inventory 8. Resolutions re Appointive Boards and Commissions: a. Re -Establish the Advertising Advisory Committee b. Increase Membership for Bikeways and Trails Advisory Committee 9. Ordinance to ACCEPT and APPROPRIATE $2,000 from the Virginia Department of Forestry and Department of Conservation and Recreation to the FY2009-2010 Parks and Recreation Department Operating Budget re an Urban Tree Canopy Analysis 10. Ordinance to TRANSFER $1,649,705 from the FY 2009-2010 Schools Operating Budget Grants Consolidated Fund to Energy Performance Contracts 11. Ordinance to AWARD $135,000 in Economic Development Investment Program (EDIP) funds to Runnymede Corporation to offset expenses associated with utility relocation at the Pavilion Center II L. M. PLANNING - NO ACTION 1. Application of LAURIE RICHARDS GREEN PARROT GRILLE/KAY BURTON for the Expansion of a Nonconforming Structure at 4494 Lookout Road due to sign not being posted DISTRICT 4 - BAYSIDE PLANNING 1. Application of HELLS KITCHEN ON THE BAY/CHESAPEAKE BEACH COMMONS, LLC for the Expansion of a Nonconforming Structure at 4600 Lookout Road re a roof covering over an existing deck DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of VIKING MOTEL CORPORATION for the closure of a portion of 27-1/2 Street near Pacific Avenue to demolish the existing motel buildings and construct a mixed-use building with restaurants, retail shops and offices on the site DISTRICT 6 - BEACH RECOMMENDATION 3. Application of ROBERT and DORTHY MARTINSEN for the closure of an unimproved portion of West Virginia Avenue and South Kentucky Avenue to incorporate the land with their existing condominium development (Kentucky Commons) DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of HOME ASSOCIATES OF VIRGINIA, INC. for an Amendment to Sherwood Lakes PD -H Plan at Seaboard Road and Golfwatch Lane to replace multi- family dwellings (restricted to age 55 and greater) with townhouse units (not age - restricted). DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDS PLANNING COMMISSION RECOMMENDS DENIAL APPROVAL 5. Application of IGLESIA CRISTIANA RIOS DE AGUA VIVA/PLEASANT VALLEY ASSOC., L.L.C. for a Conditional Use Permit re religious use at 4221 Pleasant Valley Road, Suite 125. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 6. Application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit re a religious facility (church) at North Landing Road and Courthouse West Neck Parkway (Courthouse Estates). DISTRICT 7 - PRINCESS ANNE RECOMMENDATION/APPLICANT REQUEST INDEFINITE DEFERRAL 7. Application of SEASHELL PROPERTIES, LLC for a Conditional Use Permit re a commercial parking lot at 303 23`d Street, 2300 Atlantic Avenue, 2302 Pacific Avenue. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 8. Application of SENIOR'S UNLIMITED LIFESTYLES, INC./WILLIE DONALD MARTIN, SR. for a Conditional Use Permit re an independent senior housing facility at 5827 Burton Station Road. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. Application of GARY C. KIMNACH, C/O BEACH AUTO/WILLIAM D. III and GRACE A. FRIERSON for a Change of Zoning District Classification from R-10 Residential District and B-1 Neighborhood Business District to Conditional I-2 Heavy Industrial District at Jackson Street and South Birdneck Road re a motor vehicle repair center. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 10. Application of ST. LUKE CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions (approved by City Council on January 9, 1989, and November 27, 1990) at 2304 Salem Road to ADD portable classrooms back of the existing building. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL N. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION O. UNFINISHED BUSINESS P. NEW BUSINESS 1. ABSTRACT OF VOTES —Special Election of January 12, 2010 Q. ADJOURNMENT 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 1/26/10gw www.vbgov.com CITY MANAGER'S BRIEFINGS: - Conference Room - 2:30 PM A. WILLIAMS FARM COMMUNITY RECREATION CENTER Cindy Curtis, Director —Parks and Recreation B. ANIMAL SHELTER CONSTRUCTON and OPERATIONS COST ESTIMATES David Hansen, Deputy City Manager C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:OOPM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jim Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 12, 2010 2. SPECIAL FORMAL/CLOSED SESSIONS January 19, 2010 G. FORMAL SESSION AGENDA too lIt#inn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION PROCLAMATION — U.S. Census Bureau and City Partnership [for a full and accurate Census count in 2010] I. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY 1108 Jackson Street 2. LEASE OF CITY -OWNED PROPERTY — Virginia Beach Farmers Market a. Elaine Jenkins (t/a Kempsville Florist, Inc.) Space No. 11 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of Property located at 1108 Jackson Street (GPIN: 2417-44-5020) on Tuesday, January 26, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building tBuilding #1) at the Virginia Beach Municipal _.enter, Virginia Beach. Virginia. The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's reeds". 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 t?each Municipal Center. The Real Estate Office telephone number is (757)385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 17, 2010 20953206 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed teasing of City -owned property for the following parcel on Tuesday, January 26, 2010, 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 `.o obtain public comment regarding the proposed lease agreement of City -owned prcperty located at the Virginia Beach -armers Market, as defined below: 1) Space # 11: Elaine Jenkins (t/a Kempsville Florist, Inc.) ;any questions concerning this matter should be directed to Melvin Atkinson, Farmers Market Manager, by calling 385-8886. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired , call TDD only 3854305 (TDD Telephony Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk 9eacon Jan. 17, 2010 20955703 K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §23-50.1 re penalty for failure to comply in the removal of certain trees b. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass 2. Ordinance DECLARING the property at 1108 Jackson Street EXCESS and AUTHORIZE the City Manager to sell the property to Gary Kimnach 3. Ordinance to AUTHORIZE the City Manager to ACCEPT certain gifts or donations on behalf of the City, not to exceed Twenty-five Thousand Dollars ($25,000) 4. Ordinance to AUTHORIZE the City Manager to execute a lease at the Farmers Market for three (3) years with Elaine Jenkins (t/a Kempsville Florist, Inc.) 5. Resolution in SUPPORT of a Grant application to the Virginia Department of Conservation and Recreation (DCR) re the development of a trails project in Marshview Park and AUTHORIZE the City Manager to enter into the necessary Agreement 6. Resolution DECLARING the Sheriff s lease of electronic monitoring equipment is no longer in the public interest and funding will be terminated 7. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT urban maintenance payments for: a. additional local/collector and arterial streets b. changes to the urban maintenance funding inventory 8. Resolutions re Appointive Boards and Commissions: a. Re -Establish the Advertising Advisory Committee b. Increase Membership for Bikeways and Trails Advisory Committee 9. Ordinance to ACCEPT and APPROPRIATE $2,000 from the Virginia Department of Forestry and Department of Conservation and Recreation to the FY2009-2010 Parks and Recreation Department Operating Budget re an Urban Tree Canopy Analysis 10. Ordinance to TRANSFER $1,649,705 from the FY 2009-2010 Schools Operating Budget Grants Consolidated Fund to Energy Performance Contracts 11. Ordinance to AWARD $135,000 in Economic Development Investment Program (EDIP) funds to Runnymede Corporation to offset expenses associated with utility relocation at the Pavilion Center II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance to Amend City Code § 23-50.1 Pertaining to the Removal of Certain Trees 2) An Ordinance to Amend City Code § 23-50, Pertaining to Excessive Growth of Weeds or Grass MEETING DATE: January 26, 2010 ■ Background: City Code Section 23-50.1 provides that if a tree, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or the health or safety of people or other trees or vegetation, the City shall serve notice on the owner of the land that the tree must be removed within a reasonable period of time (not sooner than seven days from the notice but no later than thirty days from the notice). If the danger posed by the tree can be eliminated by removing only a portion or portions of the tree, then the notice will specify that only those portions must be removed. City Code Section 23-50 provides that upon determination there exists on any land or premises within the City, including the area between such land or premises and the curb line, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, brush or similar vegetation to be cut and removed from such land or premises within seven (7) days from the date of such notice. ■ Considerations: Currently, failure to remove such a tree (or portions thereof) within the time prescribed by the notice is punishable as a Class 4 misdemeanor (conviction of which is subject to a fine of up to $250). Similarly, failure to comply with cutting excessive weeds or grass after a notice is issued and served is currently punishable as a Class 2 misdemeanor. These ordinances would instead provide that failure to comply with notices for either of these two sections shall be punishable by a civil penalty not to exceed $100 for a first violation and $150 for each subsequent violation. The Code would continue to provide that the City may remove such a tree (or portions thereof) or weeds and grass at the property owner's expense, along with an administrative fee of $150. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Requested by Councilmember DeSteph 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 REQUESTED BY COUNCILMEMBER DeSTEPH AN ORDINANCE TO AMEND CITY CODE § 23-50.1 PERTAINING TO REMOVAL OF CERTAIN TREES SECTION AMENDED: § 23-50.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section §23-50.1 of the City Code is hereby amended and reordained to read as follows: Sec. 23-50.1. Removal of certain trees. (a) Upon determination by the code enforcement administrator or the city arborist, or the officers or employees of their respective departments, that there exists upon any land or premises within the city any tree which, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or to the health and safety of persons or other trees or vegetation, notice shall be served upon the owner of such land or premises or his or her agent or upon the occupant thereof to cause such tree to be removed within a reasonable period of time, not less than seven (7) days nor more than thirty (30) days, specified in such notice. If the danger presented by such tree may be eliminated by the removal of a portion of such tree, the notice shall specify the portion or portions of the tree to be so removed. For purposes of this section, the term "tree" shall be construed to include the plural of the term. (b) Service of the notice provided for herein shall be by personal service or by certified or registered mail. In the event the land or premises are vacant and the owner thereof or his or her agent cannot be found by the exercise of due diligence, such notice shall be given by certified or registered mail to the last - known residence or post office box address of the owner and, in addition thereto, shall be posted in a conspicuous place upon the premises. Service of such notice upon one owner or occupant in any manner provided for herein shall be sufficient in the event such land or premises is owned or occupied jointly. (c) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed by such notice shall be punishable as -a -Glass by a civil penalty not to exceed $250.00. In addition to any &ie civil penalty imposed hereunder, the code enforcement administrator may, in the name of the city, institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof, in which event the cost of such removal, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be charged to the person or persons named in the notice and collected by action at law or as 45 delinquent real estate taxes are collected, or both. The remedies provided for 46 herein shall be cumulative in nature. 47 48 (d) The provisions of this section shall not apply to any parcel of land greater than 49 one acre in size which is located in an agricultural zoning district and used 50 principally for agricultural or horticultural purposes. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 of , 2009. _ day APPROVED AS TO LEGAL SUFFICIENCY: City Attomey's O e CAI 1325 R-2 November 17, 2009 REQUESTED BY COUNCILMEMBER DeSTEPH 1 AN ORDINANCE TO AMEND CITY CODE §23-50 2 PERTAINING TO EXCESSIVE GROWTH OF 3 WEEDS OR GRASS 4 5 SECTION AMENDED: §23-50 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section §23-50 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds 14 or grass. 15 16 (a) Except as provided in subsection (e) hereof, upon determination by the 17 director of housing and neighborhood preservation, the code enforcement administrator, 18 or any inspector of the department of housing and neighborhood preservation, whether 19 temporarily or permanently employed as such, that there exists upon any land or 20 premises within the city, including the area between such land or premises and the curb 21 line, any trash, garbage, refuse, litter or similar substances, except as may be placed 22 thereon for purposes of collection in accordance with chapter 31 of this Code, notice 23 shall be served on the owner of such land or premises or his or her agent, or on the 24 occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar 25 substances to be removed from such land or premises within seven (7) days from the 26 date of such notice. 27 28 (b) Except as provided in subsections (e) and (f) hereof, upon determination 29 by the director of housing and neighborhood preservation, the code enforcement 30 administrator, or any inspector of the department of housing and neighborhood 31 preservation, whether temporarily or permanently employed as such, that there exists 32 on any land or premises within the city, including the area between such land or 33 premises and the curb line, any grass, weeds, brush or similar vegetation in excess of 34 ten (10) inches in height, notice shall be served on the owner of such land or premises 35 or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, 36 brush or similar vegetation to be cut and removed from such land or premises within 37 seven (7) days from the date of such notice. 38 39 (c) Service of the notice provided for in subsections (a) and (b) shall be by 40 first-class mail, personal delivery or posting in a conspicuous place upon the land or 41 premises; provided, however, that if the land or premises are unoccupied and the owner 42 or his or her agent cannot be found by the exercise of due diligence or are unknown, 43 such notice shall be sufficient against the owner if given by first-class mail to the 44 owner's last known mailing address and posted in a conspicuous place upon the land or 45 premises. The code enforcement administrator and inspectors of the department of 46 housing and neighborhood preservation are hereby authorized to deliver or post such 47 notices. One notice (as provided for in subsection (b)) per growing season is hereby 48 deemed reasonable notice to owners of vacant developed or undeveloped property to 49 authorize the city to remove or contract for the removal of any excessive growth of 50 grass, weeds, brush or similar vegetation for the entire growing season. 51 52 (d) Failure to comply with the terms of a notice issued and served as provided 53 in this section within the time prescribed in such notice shall 54 m4sdemeaflef shall be punishable by a civil penalty in an amount not to exceed One 55 Hundred Dollars ($100.00) for the initial summons and not more than One Hundred Fifty 56 Dollars ($150.00) for each additional summons. Each day durinq which the violation is 57 found to have existed shall constitute a separate offense However, specified violations 58 arising from the same operative set of facts shall not be charged more frequently than 59 once in any ten-day period, and a series of specified violations arising from the same 60 operative set of facts shall not result in civil penalties which exceed a total of Three 61 Thousand Dollars ($3,000.00). In addition to any penalties imposed hereunder, the city 62 may institute legal action to enjoin the continuing violation of this section and may 63 remove or contract for the removal of such trash, garbage, refuse, litter or similar 64 substances or grass, weeds, brush or similar vegetation, in which event the cost and 65 expenses thereof, including an administrative fee in the amount of one hundred fifty 66 dollars ($150.00), shall be chargeable to and paid by the owner or occupant of the land 67 or premises. Any such charge which is not paid within thirty (30) days of the date on 68 which it is billed to the owner of such land or premises shall constitute a lien upon the 69 property and may be collected in any manner provided by law for the collection of taxes; 70 provided, however, that no such lien shall be valid against any owner of land or 71 premises who was not served with the notice prescribed in subsection (a) or (b) 72 hereinabove, as the case may be. 73 74 (e) The provisions of this section shall not apply to any parcel of land greater 75 than one (1) acre in size which is (1) located in an agricultural zoning district or enrolled 76 in the land use assessment program and (2) used principally for agricultural, silvicultural 77 or horticultural purposes. 78 79 (f) The provisions of subsection (b) shall not apply to the following areas: 80 81 (1) Portions of undeveloped lots, parcels or tracts of land which are not 82 located within one hundred fifty (150) feet of a paved road; 83 84 (2) Portions of undeveloped lots, parcels or tracts of land which are not 85 located within one hundred fifty (150) feet of any other property, 86 developed or undeveloped, located in a Residential, Apartment, 87 Business, Office, Resort Tourist or Industrial Zoning District; 88 89 (3) Portions of undeveloped lots, parcels or tracts of land which are 90 inaccessible to power mowing equipment; 92 (4) Areas required by the Chesapeake Bay Preservation Area 93 Ordinance [appendix F] or the Southern Watersheds Management 94 Ordinance [appendix G] to be vegetated; 95 96 (5) Vegetated wetlands, as defined in the Wetlands Zoning ordinance 97 [appendix A, article 14]; 98 (6) Nontidal wetlands located within Resource Protection Areas; 99 100 (7) Coastal primary sand dunes; 101 102 (8) State -designated Wildlife Habitat Areas; 103 104 (9) Banks of detention ponds, streams, and other bodies of water, 105 natural or manmade; 106 107 (10) Banks of drainage easements; 108 109 (11) Wooded areas, including understory vegetation; and 110 111 (12) Any other area required to be vegetated by reason of the 112 application of the City Zoning Ordinance [appendix A], Subdivision 113 Ordinance [appendix B], Site Plan Ordinance [appendix C], 114 Stormwater Management Ordinance [appendix D], Chesapeake 115 Bay Preservation Area Ordinance [appendix F], Southern 116 Watersheds Management Ordinance [appendix G], or any other 117 ordinance or provision of law. 118 119 (g) As used in this section, the term "developed" shall refer to any lot, parcel 120 or tract of land upon any portion of which there has been placed any building, structure 121 or other improvement or upon any portion of which there has been any land -disturbing 122 activity, including, without limitation, paving, filling, grading, dredging, clearing or 123 excavating. 124 125 COMMENT 126 127 The amendments make violations of the section punishable by a civil penalty rather than as 128 a criminal offense. The amounts of civil penalties assessed under the section are in conformity with 129 the provisions of the Virginia Uniform Statewide Building Code. 130 131 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 132 of .2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O ice CA11366 R-1 January 15, 2010 'Z �vrrt S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 1108 Jackson Street to be in excess of the City's needs and authorizing the City Manager to sell the property to Gary Kimnach MEETING DATE: January 26, 2010 ■ Background: The City acquired the property located at 1108 Jackson Street (the "Property") as part of the APZ-1/Clear Zone Use and Acquisition Plan. The purchase also resolved a condemnation for a strip of the Property that was needed for the Birdneck Road Project. At the time of acquisition, the Property was undeveloped and zoned for residential use. The APZ-1/CZ Master Plan has designated the area which incorporates this parcel as non-residential and appropriate for compatible uses under the AICUZ. The APZ-1 Disposition Committee has evaluated the parcel and determined that it should be sold and developed with a compatible use. Gary Kimnach proposes to acquire the Property, along with two adjacent parcels that are owned by third parties, and build a 6,400 square foot automotive repair facility. The new facility is necessary in order to relocate Kimnach's business, Beach Automobile Service Center, which is being displaced by the Laskin Road construction. ■ Considerations: The Property shall be used for a new automotive repair facility. The use is compatible with Section 1804 of the City Zoning Code. Kimnach has signed a purchase agreement with specific design criteria, which shall also be incorporated as a deed restriction at closing. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Retain ownership of the land. Revenue restriction: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Fifty percent (50%) of the proceeds will be refunded to the Commonwealth per the partnership agreement. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents 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 satisfactory to the City Council. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Economic Development City Manager: k "� -bc w. I AN ORDINANCE DECLARING THE PROPERTY 2 LOCATED AT 1108 JACKSON STREET TO BE IN 3- EXCESS OF THE CITY'S NEEDS AND 4 AUTHORIZING THE CITY MANAGER TO SELL THE 5 PROPERTY TO GARY KIMNACH 6 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel 9 of land located at 1108 Jackson Street, more particularly described on Exhibit "A" 10 attached hereto (the "Property"); 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1/ Clear 13 Zone Use and Acquisition Plan; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the purchase price; 18 19 WHEREAS, the Property is in an area designated for non-residential use 20 in the APZ-1/Clear Zone Master Plan adopted by Council on April 1, 2008; 21 22 WHEREAS, the APZ-1 Disposition Committee has recommended that City 23 Council declare the Property to be in excess of the City's needs and sell the Property to 24 Gary Kimnach ("Kimnach"); 25 26 WHEREAS, Kimnach will construct a new facility on the Property to 27 prescribed standards acceptable to the City and for a use compatible with Section 1804 28 of the City Zoning Code; 29 30 WHEREAS, Kimnach will purchase the Property in accordance with the 31 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 32 33 WHEREAS, the City Council is of the opinion that the Property is in 34 excess of the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property described on Exhibit "A" is hereby declared to be in 40 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 41 authorized to execute any documents necessary to convey the Property to Gary 42 Kimnach, in substantial conformity with the Summary of Terms attached hereto as 43 Exhibit "B" and such other terms, conditions or modifications as are deemed necessary 44 and sufficient by the City Manager and in a form deemed satisfactory by the City 45 Attorney. 46 47 48 49 50 51 52 53 54 55 56 57 58 Further, that the revenue from the sale of the Property in the amount of $80,000 shall be received and appropriated as follows: 1. $40,000 shall be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding the Commonwealth's portion in accordance with the partnership agreement; 2. $40,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. CA11195 PREPARED: 1/8/2010 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d017\p006\00022177.doc A PROVED AS TO CONTENT Economic Development APPROVED AS TO LEGAL SUFFICIENCY City A y APPROVED AS TO CONTENT -�) Q'I'll ) �). a��& Management Services EXHIBIT "A" GP I N: 2417-44-5020 ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Parcel 137 and further described as being bounded on the north, east, south and west by the lines marked "PROPOSED ACQUISITION LINE" as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR BIRDNECK ROAD ROADWAY PROJECT AND THE APZ-1/CLEAR ZONE ACQUISITION PROGRAM BY THE CITY OF VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071025001445450, to which reference is made for a more particular description. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above -referenced property. IT BEING part of the same property conveyed to the City of Virginia Beach by deed from Stephen B. Quick III, Corp., a Virginia corporation, dated November 2, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071116001541900. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1108 JACKSON STREET SELLER: City of Virginia Beach PURCHASER: Gary Kimnach PROPERTY: 1108 Jackson Street (GPIN 2417-44-5020) LEGAL DESCRIPTION: ALL THAT certain lot, piece, or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Parcel 137 and further described as being bounded on the north, east, south and west by the lines marked "PROPOSED ACQUISITION LINE" as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR BIRDNECK ROAD ROADWAY PROJECT AND THE APZ-1/CLEAR ZONE ACQUISITION PROGRAM BY THE CITY OF VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071025001445450, to which reference is made for a more particular description. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above -referenced property. IT BEING part of the same property conveyed to the City of Virginia Beach by deed from Stephen B. Quick III, Corp., a Virginia corporation, dated November 2, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071116001541900. SALE PRICE: $80,000 CONDITIONS OF SALE: • The Property shall be resubdivided at the Buyer's expense in order to join the Property with adjacent parcels and eliminate interior lot lines. • The Property shall be rezoned from R-10 to Conditional I-2 at the Buyer's expense. • The Buyer shall construct an 6,400 square foot automotive repair facility. • The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. • The Buyer shall abide by restrictive covenants and design criteria as well as a proffer agreement. *k, W* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Accept Certain Gifts or Donations on Behalf of the City MEETING DATE: January 26, 2010 ■ Background: State law provides that only local governing bodies may accept donations made to their locality. State law places no minimum dollar value on donation acceptance, so technically an action of City Council would be required to accept even the smallest of donations, such as the donation of a bag of dog food to the animal control facility. The authority to accept donations, however, can be delegated by City Council. This ordinance delegates to the City Manager authority to accept donations of money, personal property, or in-kind services performed by a business or other entity, where the value of such donations does not exceed $25,000. Donations of money, personal property, and in-kind services valued at more than $25,000 would continue to require acceptance by action of City Council, as would any donation (regardless of value) of real property, securities, or financial instruments. ■ Considerations: The City Manager will provide to City Council an annual report of all donations accepted that exceed $5,000 in value. In accordance with procedures established by a new Administrative Directive, the City Manager will delegate to department directors the authority to accept gifts valued at up to $5,000. ■ Public Information: Information will be disseminated through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager's Office P�o City Manage `� I �� 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 ACCEPT CERTAIN GIFTS OR DONATIONS ON BEHALF 3 OF THE CITY 4 5 WHEREAS, Virginia Code § 15.2-1108 provides that municipal corporations may 6 accept or refuse gifts, donations, bequests or grants that are related to the powers, 7 duties and functions of the municipal corporation; 8 9 WHEREAS, the powers of municipal corporations are vested in their city 10 councils, but a city council may delegate to its city manager authority to perform certain 11 functions, including the acceptance of gifts. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the City Manager or designee is hereby authorized to accept on 17 behalf of the City gifts or donations of money, personal property, and in-kind services 18 performed by a business or other entity, valued at up to $25,000. 19 20 2. That the City Manager shall provide to City Council, on an annual basis, a 21 listing of all gifts or donations so accepted that exceed $5,000 in value. 22 23 3. That the City Manager may delegate to department directors the authority 24 to accept gifts valued at up to $5,000. 25 26 4. That City Council shall remain the sole entity authorized to accept gifts of 27 real property or securities, as well as any gift that exceeds $25,000 in value. 28 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. APPROVED AS TO CONTENT: /0&" P Z)a&4�; City Manager CA10839 R-7 January 12, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with Elaine Jenkins (t/a Kempsville Florist, Inc.) for Space #11 in the Virginia Beach Farmers Market. MEETING DATE: January26, 2010 ■ Background: Elaine Jenkins (t/a Kempsville Florist, Inc.) ("Kempsville Florist") would like to lease Space #11 in the Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). Kempsville Florist would be a new tenant at the Virginia Beach Farmers Market. ■ Considerations: The term of the Lease is three (3) years. The Lease has a sixty-day (60) termination clause in the event the City needs the property for a public purpose 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 as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture/46/-/ City Manager: V \\vbgov.com\DFSI\Applications\City wPro c 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 ELAINE JENKINS (T/A KEMPSVILLE FLORIST, 4 INC.) FOR SPACE #11 IN THE VIRGINIA BEACH 5 FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Elaine Jenkins (t/a Kempsville Florist, Inc.) ("Kempsville Florist") 12 would like to enter into a formal lease arrangement with the City for Space #11 in the 13 Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a specialty florist, carrying 16 arrangements, plants and fresh flowers, and for no other purpose; 17 18 WHEREAS, Kempsville Florist has agreed to pay the City $687 per month 19 ($8,244 per year) for the use of the Premises for the first year of the term, with annual 20 rent increases equal to 5%; 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of three 26 (3) years between Elaine Jenkins (t/a Kempsville Florist, Inc.) and the City for the 27 Premises in accordance with the Summary of Terms attached hereto, and such other 28 terms, conditions or modifications as may be acceptable to the City Manager and in a 29 form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 , 2010. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Department o Agriculture CA11224 \\vbgov.cwm\DFS I Wpplications\CityLawProd\cycom32\Wpdocs\D006\P006\00037938.DOC R-1 January 13, 2010 SUMMARY OF TERMS LEASE FOR SPACE #11 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elaine Jenkins (t/a Kempsville Florist, Inc.) PREMISES: Space #11 TERM: 36 months: March 1, 2010 — February 28, 2013 RENT: Year 1: $687 per month ($8,244 per year) Year 2: $721 per month ($8,652 per year) Year 3: $758 per month ($9,096 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the operation of a specialty florist, carrying arrangements, plants and fresh flowers, 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 for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday through Saturday. Lessee will be closed on Sundays. 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 Virginia Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov. com\ds I \applications\c itylawprod\cycom3 2\ W pdocs\D012\P W 6\00028342. DOC v%fiUlti q Beach -�I , Fairincys Mark \NIA 1 ,PG �CyL� ('O `�V w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of a Grant Application to the Virginia Department of Conservation and Recreation for a Recreational Trails Program Grant MEETING DATE: January 26, 2010 ■ Background: The City's Outdoors Plan recommended that the City acquire the Marshview Property for a future public park. Marshview is 82 acres of undeveloped land at the Oceanfront, between the neighborhoods of Lands End, Salt Marsh Point, Seatack, and Shadowlawn on Lake Rudee. The City has been in discussions with the Navy since the early 1990s on the potential use of the site for public recreational purposes. The Marshview site would meet public needs by providing a unique upland, waterfront park property for Virginia Beach residents. The Virginia Department of Conservation and Recreation (DCR) administers the Recreational Trails Program (RTP), which awards grants to localities and organizations for the development of recreational trails for public use. Virginia Beach Department of Parks & Recreation, Division of Planning, Design and Development has prepared a conceptual design that centers on woodland trails, and the City has applied to DCR for RTP funds to build Phase 1, a 2,000 -foot long trail with 3 bridges. ■ Considerations: RTP is a federal reimbursement program that requires an 20/80 percentage cost split, with the 20% coming from the locality. The City has set aside the funds in CIP 4-055 Open Space Development and Maintenance. The project is estimated to cost $334,000. The grant request is for the RTP maximum of $100,000. The remainder of the required funds will exceed the required 20% local match. Before funding a project, DCR requires a resolution from City Council supporting the project, stating who is authorized to enter into agreements on behalf of the City, and acknowledging that RTP is a locally -administered reimbursement program. ■ Public Information: This item will be advertized as a part of the normal Council agenda process. Additionally, on May 20, 2002, Virginia Beach Parks & Recreation hosted a public meeting to discuss conceptual plans for the recreational use of the Marshview property. A strong consensus was reached on a Preferred Conceptual Plan, a phase of which provides the basis for this project. The project has received additional public support through the public involvement processes for the City Council -adopted 2008 Outdoors Plan and the 2009 Comprehensive Plan. Further, because the grant involves federal funds, an additional public comment period will be required. The comment period was advertised in the Virginian -Pilot on January 15tH and will continue through February 14tH ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: Parks and Recreation City Manag V 1 A RESOLUTION IN SUPPORT OF A GRANT 2 APPLICATION TO THE VIRGINIA DEPARTMENT OF 3 CONSERVATION AND RECREATION FOR A 4 RECREATIONAL TRAILS PROGRAM GRANT 5 6 WHEREAS, a system of trails provides recreational opportunities that enhance 7 the general health and welfare of the citizens of the City of Virginia Beach; and 8 9 WHEREAS, the Virginia Beach Department of Parks and Recreation has 10 identified a possible site for a recreational trail in Marshview Park; and 11 12 WHEREAS, the Virginia Department of Conservation and Recreation administers 13 state and federal program funds through the Virginia Recreational Trails Program; and 14 15 WHEREAS, any approved Recreational Trails program must comply with 16 applicable federal and state laws, including the National Environmental Policy Act 17 ("NEPA"), the Endangered Species Act, and the Historic Preservation Act; and 18 19 WHEREAS, the Recreational Trails Program provides grants of not less than 20 $25,000 and no more than $100,000, which are administered as reimbursement for 21 project purchases; and 22 23 WHEREAS, the Recreational Trails Program requires grant recipients to provide 24 local funding of at least 20% of project costs and a commitment that the project be 25 completed within three years of the grant award; and 26 27 WHEREAS, as required by NEPA, a public comment period for this project is 28 currently underway; and 29 30 WHEREAS, if the grant application is approved, the required local match would 31 be paid from the Open Space Special Revenue fund. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA, THAT: 35 36 1. The Council of the City of Virginia Beach supports an application to the Virginia 37 Department of Conservation and Recreation for the development of a trails 38 project in Marshview Park. 39 40 2. The Council of the City of Virginia Beach acknowledges that if the grant 41 application is approved, the project will require local funding of 20% of project 42 costs and a commitment that the project be completed within three years of the 43 grant award. 44 45 3. The City Manager or his authorized designee is authorized to enter into an 46 agreement on behalf of the City in furtherance of the purpose of this Resolution 47 after review of such agreement for legal sufficiency by the Office of the City 48 Attorney. 49-- 50 Adopted by the City Council of the City of Virginia Beach, Virginia, this 51 day of , 2010. APPROVED AS TO CONTENT: Parks an creation APPROVED AS TO LEGAL SUFFICIENCY: 1 effy A orney's Z5ftice CA11358 R-1 January 13, 2010 APPROVED AS TO CONTENT: 1) (p, _ L21k Management Services u• ro° e 4�C._iry CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring That the Sheriffs Lease of Electronic Monitoring Equipment with B.I. Incorporated of Colorado Is No Longer in the Public Interest and Resolving to Terminate Funding MEETING DATE: January 26, 2010 ■ Background: On July 1, 2009, the Office of Sheriff entered into a lease with B.I. Incorporated of Colorado to provide electronic monitoring equipment for the Sheriffs Electronic Home Monitoring Program ("Lease"). The Office of Sheriff faces state and local budget cuts that will impact programs. The Sheriff has identified the Electronic Home Monitoring Program as a potential target of program reductions. By ending this program, the Sheriffs Office believes it will save approximately $110,000 annually in program expenses, including the lease payments, equipment expenses, and deputy staffing expenditures required for the monitoring of inmates who participate in the program. While the reduction of this program will result in approximately $50,000 less revenue from inmate program participants, the overall savings realized by termination of the Lease and the program far exceed the loss in revenue. ■ Considerations: The Lease provides two processes for early termination without cause. First, the Lease provides for early termination on account of public interest upon a determination by the City Council that the continuation of the lease is no longer in the public interest and that funding should be terminated. This process requires the attached resolution and notice to the vendor. After notice is given, the Lease requires a 120 day period of time prior to termination. This would allow early termination to be effective on May 27. Alternatively, the Lease provides for early termination for non -appropriation of funds. That process requires waiting until the end of the fiscal year, with termination becoming effective on July 1. By taking advantage of the early termination for public interest provision instead of waiting until the end of the fiscal year, the Sheriffs Office would save more than a month's worth of program expenses and would be able to more quickly implement the internal staffing reorganization that will result from ending the program. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachment: Resolution Recommended Action: Approval of Resolution Submitting Department/A ency: Office of Sheriff City Manager: 1 A RESOLUTION DECLARING THAT THE SHERIFF'S 2 LEASE OF ELECTRONIC MONITORING EQUIPMENT 3 WITH B.I. INCORPORATED OF COLORADO IS NO 4 LONGER IN THE PUBLIC INTEREST AND RESOLVING 5 TO TERMINATE FUNDING 6 7 WHEREAS, on July 1, 2009, the Sheriff's Office entered into a lease with B.I. 8 Incorporated of Colorado for electronic monitoring equipment ("Lease"); and 9 10 WHEREAS, the Sheriffs Office has explored all practicable means of budget 11 reductions; and 12 13 WHEREAS, the Sheriffs Office has identified the Electronic Home Monitoring 14 Program as a potential target of program reductions; and 15 16 WHEREAS, the Lease allows early termination upon a finding by the City Council 17 that the Lease is no longer in the public's interest and the City Council resolves to 18 terminate funding. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 The continuation of the Lease is no longer in the public interest and that the City 24 hereby terminates further funding for the Lease, subject to the termination provision in 25 the Lease. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2010. APPROVED AS TO CONTENT: Sheriffs Office CA11365 R-2 January 14, 2010 APPROVED AS TO LEGAL SUFFICIENCY: l orney's Office �u CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Changes to the Road Inventory for Urban Maintenance Payments MEETING DATE: January 26, 2010 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for corrections to the City's road inventory. VDOT provided the City with a letter, dated December 17, 2009, providing revised FY10 reimbursement rates. The revised FY10 rates are as follows: local/collector streets will be reimbursed at $9,732 per lane mile; and arterial streets will be reimbursed at $16,576 per mile. ■ Considerations: The first resolution requests the addition of newly constructed streets in the amount of 7.26 lane miles which will be eligible for urban maintenance funds beginning July 1, 2010. Of the 7.26 lane miles, 6.46 lane miles are classified as local/collector streets and .80 lanes miles are classified as arterial streets. Based on the VDOT reimbursement rates indicated above, the City will receive $62,868.72 per year for the local/collector streets and $13,260.80 per year for the arterial streets. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 16.98 lane miles of local/collector streets and 58.84 lane miles of arterial streets to be deleted from the inventory. There are corrections in the amount of 14.46 lane miles of local/collector streets and 74.59 lane miles of arterial streets to be added back to the inventory. Based on the VDOT reimbursement rates indicated above, the City will see a net increase of $236,547.36 in revenue for urban maintenance funding as a result of these corrections. ■ Public Information: These resolutions will be publicized as part of the City Council's agenda. ■ Recommendations: Approval ■ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approv4Public Submitting DepartmentlAgencys,,t,� City Manager• S� 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; 8 9 WHEREAS, the 6.46 (Local/Collector) and 0.80 (Arterial) lane miles of streets 10 listed on Exhibit A (attached) have been constructed in accordance with standards 11 established by the Virginia Department of Transportation; 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets, 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . , 2010. Approved as to Content: Department of Public Works CA11351 R-2 January 4, 2010 Approved as to Legal Sufficiency: City t orney's Office City of Virginia Beach Exhibit A - New Streets Public Works / Operations LOCAL 12 TH ST PARKS AV W CUL DE SAC 0.44 LOCAL ALEXIS CT WOLFSNARE RD S CUL DE SAC 0.10 LOCAL BENDING BIRCH TL S CUL-DE-SAC E CUL-DE-SAC 0.66 LOCAL BOMBAY LD CASTLE GATE LA BENDING BIRCH TL 1.04 LOCAL CASTLE GATE LA NORTH LANDING RD WILHELM DR 0.16 LOCAL COOPERS AR KESTREL LA KESTREL LA 0.62 LOCAL COPPERHAWKE DR BOMBAY LD BENDING BIRCH TL 0.28 LOCAL COPPERHAWKE DR BOMBAY LD BENDING BIRCH TL 0.28 LOCAL CREEK COVE CT ATHENS BL W DEAD END 0.26 LOCAL ESKERS CT WILHELM DR S CUL-DE-SAC 0.04 LOCAL GUERNSEY WY BOMBAY LD E DEAD END 0.06 LOCAL KESTREL LA WEST NECK RD S CUL-DE-SAC 0.86 LOCAL LIBERTY CT S CUL-DE-SAC PROSPECT LA 0.12 LOCAL LOCKRIDGE CT STORM LAKE DR N CUL-DE-SACE 0.22 LOCAL PINTER CT S CUL DE SAC BONNNEY RD 0.20 LOCAL SHARPIE CT KESTREL LA S CUL-DE-SAC 0.10 LOCAL SHURNEY LA DIAMOND SPRINGS RD DEAD END 0.20 LOCAL SWAINSONS LA KESTREL LA N CUL-DE-SAC 0.48 LOCAL TALLWOOD MANOR CT KEMPSVILLE RD CUL-DE-SAC 0.12 LOCAL TRADING PL LITTLE NECK RD (NB) E CUL DE SAC 0.22 Total Lane Miles of LOCAL streets : 6.46 Street Type STREET FROM TO LANE MiiES URBAN MINOR ARTERIAL WITCHDUCK RD N SULLIVAN BLVD SHAMAN CRES 0.32 Total Lane Miles of URBAN MINOR ARTERIAL streets: 0.32 Street Type STREET FROM TO LANE MILES URBAN PRINCIPAL ARTERIA 21ST ST ATLANTIC AV PACIFIC AV 0.12 URBAN PRINCIPAL ARTERIA 22ND ST ATLANTIC AV PACIFIC AV 0.18 URBAN PRINCIPAL ARTERIA LASKIN RD PACIFIC AV ATLANTIC AV 0.18 Total Lane Miles of URBAN PRINCIPAL ARTERIAL streets: 0.48 Total Lane Miles of New Street 7.26 Monday, January 04, 2010 Page 1 of I 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CHANGES TO THE ROAD INVENTORY FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting changes or deletions to the revised road inventory for urban 8 maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, changes to the revised road inventory have been identified as 15 shown on Exhibit B (attached); resulting in a net decrease of 2.52 (Local/Collector) lane 16 miles and a net increase of 15.75 (Arterial) lane miles, and 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved changes. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the changes listed on Exhibit B, attached hereto and incorporated by reference, 26 and to begin paying urban maintenance payments to the City of Virginia Beach based 27 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. Approved as to Content: Department of Public Works CA 11352 R-2 January 4, 2010 Approved as to Legal Sufficiency: I I */;,)Jz // - , , - - Cityorneyls Office City of Virginia Beach Exhibit B - Changes Public Works / Operations Total Lane Miles of LOCAL streets: 12_72 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR CARDINAL RD LASKIN RD S ORIOLE DR 1.74 Total Lane Miles of URBAN COLLECTOR streets: 1.74 Street Tvve STREET FROM TO LANE MILES URBAN MINOR ARTERIAL laced deletions CELLAR DOOR WY SALEM RD 2.84 Additions/ a GENERAL BOOTH BLVD OCEANA BLVD BIRDNECK RD S 4.88 LANE MILES Street Type STREET FROM TO URBAN MINOR ARTERIAL LOCAL 18TH ST WASHINGTON AV ATLANTIC AV 1.42 LOCAL ALBRIGHT DR LYNNHAVEN PW LYNNHAVEN PW 1.62 LOCAL ALFRIENDS TR WITCHDUCK RD N E CUL DE SAC 0.74 LOCAL ARTESIA WY ATWOODTOWN RD W CUL DE SAC 2.22 LOCAL CASA VERDE WY ARTESIA WY SANTA FE DR 0.50 LOCAL GARITA CT ARTESIA WY N CUL DE SAC 0.10 LOCAL NANSEMOND LP NANSEMOND LP NANSEMOND LP 1.00 LOCAL PEREZ WY ARTESIA WY W CUL DE SAC 0.22 LOCAL SANTA FE ARCH ARTESIA WY ARTESIA WY 0.66 LOCAL SANTA FE DR ARTESIA WY S CUL DE SAC 0.66 LOCAL SCARLET OAK CT SCARLET OAK DR N CUL DE SAC 0.10 LOCAL SCARLET OAK DR S LYNNHAVEN RD GOLDEN MAPLE DR 0.40 LOCAL SCOTCHTOWN DR FALLING SUN LA NIMMO PKWY 0.42 LOCAL SEA SCAPE RD SANDPIPER RD N CUL DE SAC 0.40 LOCAL SETTLERS PARK DR SUDBURY CT WESTHAVEN CR 0.38 LOCAL TIERRA MONTE ARCH ARTESIA WY ARTESIA WY 0.58 LOCAL TODD ST HARGROVE BL CUL DE SAC 0.50 LOCAL VADITO WY ARTESIA WY N CUL DE SAC 0.30 LOCAL ZIA DR S CUL DE SAC ARTESIA WY 0.50 Total Lane Miles of LOCAL streets: 12_72 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR CARDINAL RD LASKIN RD S ORIOLE DR 1.74 Total Lane Miles of URBAN COLLECTOR streets: 1.74 Street Tvve STREET FROM TO LANE MILES URBAN MINOR ARTERIAL DAM NECK RD CELLAR DOOR WY SALEM RD 2.84 URBAN MINOR ARTERIAL GENERAL BOOTH BLVD OCEANA BLVD BIRDNECK RD S 4.88 URBAN MINOR ARTERIAL HAYGOOD RD WESLEYAN DR INDEPENDENCE BLVD 4.20 URBAN MINOR ARTERIAL HOLLAND RD LYNNHAVEN PW SHIPPS CORNER RD 2.56 URBAN MINOR ARTERIAL INDEPENDENCE BLVD S BELSPRING RD SALEM RD 2.76 URBAN MINOR ARTERIAL INDIAN RIVER RD NORTH LANDING RD 0.03 E LYNNHAVEN PKWY 10.40 URBAN MINOR ARTERIAL LONDON BRIDGE RD DAM NECK RD HORNET DR 0.92 URBAN MINOR ARTERIAL LONDON BRIDGE RD HORNET DR SHIPPS CORNER RD 1.90 URBAN MINOR ARTERIAL LONDON BRIDGE RD POTTERS RD VIRGINIA BEACH BL 2.16 URBAN MINOR ARTERIAL LYNNHAVEN PW W CITY LINE HEALD WY 3.44 URBAN MINOR ARTERIAL NORTH LANDING RD PRINCESS ANNE RD CHESAPEAKE CITY LINE 8.28 URBAN MINOR ARTERIAL PLAZA TL S PRINCESS ANNE RD LOPER LA 3.68 Total Lane Miles of URBAN MINOR ARTERIAL streets: 48_02 Monday, January 04, 2010 Page 1 of 4 Additions/Replaced deletions Street Type STREET FROM TO LANE MILES URBAN PRINCIPAL ARTERIA 21ST ST ARCTIC AV PACIFIC AV 0.33 URBAN PRINCIPAL ARTERIA 21ST ST PARKS AV ARCTIC AV 1.68 URBAN PRINCIPAL ARTERIA 22ND ST BALTIC AV PARKS AV 1.28 URBAN PRINCIPAL ARTERIA GENERAL BOOTH BLVD DAM NECK RD OCEANA BLVD 3.48 URBAN PRINCIPAL ARTERIA NORTHAMPTON BLVD SHORE DR 0.15 E DIAMOND SPRINGS RD 18.00 URBAN PRINCIPAL ARTERIA VIRGINIA BEACH BL FOUNTAIN DR 0.35 E GREAT NECK RD 1.80 Total Lane Miles of URBAN PRINCIPAL ARTERIAL streets: 26.57 Total Lane Miles of Additions/Replaced deletions : 89.05 LOCAL BASIN CT Street Type STREET , URBAN MINOR ARTERIAL LONDON BRIDGE RD REL URBAN MINOR ARTERIAL LONDON BRIDGE RD REL RT 1431 BASIN RD DEAD END -0.30 Total Lane Miles of LOCAL streets: -0.30 FROM To LANA MILES END OF CONSTRUCTION GENERAL BOOTH BLVD -0.80 GENERAL BOOTH BLVD END OF CONSTRUCTION -0.80 Total Lane Miles of URBAN MINOR ARTERIAL streets: -1.60 Total Lane Miles of Deletions: -1.90 Monday, January 04, 2010 Page 2 of 4 LOCAL 18TH ST DEAD END ATLANTIC AV -1.28 LOCAL ALBRIGHT DR LYNNHAVEN PW MIDDLESBORO CT -1.50 LOCAL ALFRIENDS TR DONATION DR CUL-DE-SAC -0.54 LOCAL ARTESIA WY 380'W OF ZIA DR W CUL-DE-SAC -0.52 LOCAL CAMINO REAL N ATWOODTOWN RD VADITO WY -1.00 LOCAL CAMINO REAL N VADITO WY .07 W OF ZIA DR -0.70 LOCAL CARDINAL RD KAMICHI CT 0.60MN KAMICHI CT -1.20 LOCAL CASA VERDE WY CAMINO REAL N SANTA FE DR -0.50 LOCAL DONATION DR WITCHDUCK RD N ALFRIENDS TR -0.22 LOCAL GARITA CT CAMINO REAL N N CUL DE SAC -0.10 LOCAL INDEPENDENCE BV S BELSPRING DR SALEM RD -2.76 LOCAL NANSEMOND LP NANSEMOND ST NANSEMOND ST -1.00 LOCAL PEREZ WY CAMINO REAL N W CUL DE SAC -0.22 LOCAL SANTA FE ARCH CAMINO REAL N CAMINO REAL N -0.66 LOCAL SANTA FE DR CAMINO REAL N S CUL DE SAC -0.62 LOCAL SCARLOT OAK CT SCARLOT OAK DR CUL-DE-SAC -0.10 LOCAL SCARLOT OAK DR S LYNNHAVEN RD GOLDEN MAPLE DR -0.40 LOCAL SCOTCHTOWN DR FALLING SUN LA 0.19 W FALLING SUN -0.38 LOCAL SEA SCAPE RD SANDPIPER RD DEAD END -0.12 LOCAL SETTLERS PARK DR 0.01 W OF RIVERSTONE DR 0.05 S OF RIVERSTONE DR -0.22 LOCAL TIERRA MONTE ARCH CAMINO REAL N CAMINO REAL N -0.58 LOCAL TODD ST 0.08 S HARGROVE BVD CUL-DE-SAC -0.14 LOCAL TODD ST HARGROVE BVD 0.08 S HARGROVE BVD -0.16 LOCAL VADITO WY CAMINO REAL N N CUL DE SAC -0.30 LOCAL ZIA DR S CUL DE SAC CAMINO REAL N -0.50 Total Lane Miles of LOCAL streets: -15.72 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR CARDINAL RD LASKIN RD KAMICHI CT -0.96 Total Lane Miles of URBAN COLLECTOR streets: -0_96 Street Typt STREET FROM TO LANE MILES URBAN MINOR ARTERIAL ELBOW RD SALEM RD EAST DEAD END -1.66 URBAN MINOR ARTERIAL GENERAL BOOTH BLVD 1.59 N DAM NECK RD BIRDNECK RD -0.84 URBAN MINOR ARTERIAL GENERAL BOOTH BV 0.52MN DAM NECK RD 1.59MN DAM NECK RD -4.28 URBAN MINOR ARTERIAL GREAT NECK RD S VIRGINIA BEACH BL POTTERS RD -0.72 URBAN MINOR ARTERIAL HAYGOOD RD FERRY PLANTATION RD INDEPENDENCE BLVD -0.52 URBAN MINOR ARTERIAL HAYGOOD RD WESLEYAN DR FERRY PLANTATION RD -1.58 URBAN MINOR ARTERIAL HOLLAND RD 0.06 S LYNNHAVEN RD SHIPPS CORNER RD -1.16 URBAN MINOR ARTERIAL HOLLAND RD LYNNHAVEN PW 0.06 S LYNNHAVEN PW -0.24 URBAN MINOR ARTERIAL INDIAN RIVER RD 1.23 W NORTH LANDING RD ELBOW RD -8.46 URBAN MINOR ARTERIAL INDIAN RIVER RD ELBOW RD 0.03 E LYNNHAVEN PKWY -4.08 URBAN MINOR ARTERIAL INDIAN RIVER RD NORTH LANDING RD 1.23 W NORTH LANDING RD -2.46 Monday, January 04, 2010 Page 3 of 4 .-I n Nvm :uc i n1u.vL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL LONDON BRIDGE RD LYNNHAVEN PK LYNNHAVEN PW LYNNHAVEN PW DAM NECK RD CENTERVILLE TRNPK .16 ME SUSAN LEE LA 0.07 E SUSAN LEE LA SHIPPS CORNER RD DEAD END DEAD END 0.16 E SUSAN LEE LA -2.34 -0.82 -0.30 -0.18 URBAN MINOR ARTERIAL LYNNHAVEN PW 0.08 CENTERVILLE TPK SUSAN LEE LA -0.10 URBAN MINOR ARTERIAL LYNNHAVEN PW CENTERVILLE TPK 0.08 E CENTERVILLE TPK -0.16 URBAN MINOR ARTERIAL LYNNHAVEN PW SUSAN LEE LA 0.07 E SUSAN LEE LA -0.14 URBAN MINOR ARTERIAL NORTH LANDING RD GEORGE MASON DR SALEM RD -0.40 URBAN MINOR ARTERIAL NORTH LANDING RD INDIAN RIVER RD CHESAPEAKE CITY LINE -0.40 URBAN MINOR ARTERIAL NORTH LANDING RD PRINCESS ANNE RD GEORGE MASON DR -0.40 URBAN MINOR ARTERIAL NORTH LANDING RD SALEM RD INDIAN RIVER RD -0.40 URBAN MINOR ARTERIAL PLAZA TR S PRINCESS ANNE RD S INDEPENDENCE BV -2.88 Total Lane Miles of URBAN MINOR ARTERIAL streets : -34.52 Street Type STREET ; FYtOM TO LANE MILES URBAN PRINCIPAL ARTERIA 21ST ST BALTIC AV PACIFIC AV -0.84 URBAN PRINCIPAL ARTERIA 21ST ST CYPRESS AV BALTIC AV -0.42 URBAN PRINCIPAL ARTERIA 21ST ST PARKS AV CYPRESS AV -0.22 URBAN PRINCIPAL ARTERIA 22ND ST BALTIC AV PARKS AV -0.64 URBAN PRINCIPAL ARTERIA GENERAL BOOTH BV 0.22 MN DAM NECK RD 0.52MN DAM NECK RD -1.20 URBAN PRINCIPAL ARTERIA GENERAL BOOTH BV DAM NECK RD 0.22MN DAM NECK RD -1.32 URBAN PRINCIPAL ARTERIA NORTHAMPTON BLVD SHORE DR 0.15 E DIAMOND SPRINGS RD -17.16 URBAN PRINCIPAL ARTERIA VIRGINIA BEACH BL FOUNTAIN DR 0.35 E GREAT NECK RD -0.92 Total Lane Miles of URBAN PRINCIPAL ARTERIAL streets : -22.72 Total Lane Miles of Deletions/To be replaced : -73.92 Monday, January 04, 2010 Page 4 of 4 �u s 04 S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Reestablish the Advertising Advisory Committee MEETING DATE: January 26, 2010 ■ Background: The Advertising Advisory Committee consists of the President of the Virginia Beach Hotel and Motel Association; four additional representatives of the Virginia Beach Hotel Motel Association; the President of the Virginia Beach Restaurant Association; an at -large member representing the City's tourist industry; a representative of the cottage industry; a representative of the Town Center District; and a representative of the Shore Drive Corridor. The Committee also includes the following ex -officio (non-voting) members: two Councilmember liaisons, one of whom shall be the Councilmember for the Beach District; the Director of the Convention & Visitors Bureau; the Executive Director of the Virginia Beach Hotel and Motel Association; and a representative of the City's advertising agency. The purpose of the Committee is to review the City's advertising budget and marketing strategy, and to make recommendations to the Director of the Convention & Visitors Bureau regarding appropriate advertising and marketing initiatives and strategies designed to foster and stimulate the growth of tourism within the City. ■ Considerations: When City Council last reestablished the committee in 2006, the resolution included a sunset provision whereby the term of the committee expired on June 30, 2008. This resolution reestablishes the committee as a standing committee, with no expiration date, so the committee will continue to meet and make recommendations until such time as Council may choose to dissolve the committee. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION TO REESTABLISH THE ADVERTISING 2 ADVISORY COMMITTEE 3 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 7 That the Virginia Beach Advertising Advisory Committee is hereby reestablished 8 as a standing committee of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA111361 R-1 January 15, 2010 u Cyl ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add an Additional Member to the Bikeways and Trails Advisory Committee MEETING DATE: January 26, 2010 ■ Background: In 2004, City Council established the Bikeways and Trails Advisory Committee to advise City Council on the implementation and coordination of the City's Bikeways and Trails Plan. The committee promotes a balanced approach between and among various trail users' interests and provides a forum for continued citizen input in the planning of future bikeways and trails. The current composition of the committee is "three citizen members with diverse geographical representation and experience" and 'four representatives of the bicycle and trails community." ■ Considerations: This resolution adds a fourth citizen member to the committee, for a total of eight members. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by City Council 1 2 3 4 5 6 7 8 REQUESTED BY CITY COUNCIL A RESOLUTION TO ADD AN ADDITIONAL MEMBER TO THE BIKEWAYS AND TRAILS ADVISORY COMMITTEE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City's Bikes and Trails Advisory Committee shall be comprised of four citizen members with diverse geographical representation and experience and four representatives from the bicycle and trails community. Adopted by the Council of the City of Virginia Beach, Virginia on the day of '2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA111362 R-1 January 15, 2010 04 WU w�yy �4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the FY 2009-10 Operating Budget of the Department of Parks and Recreation for an Urban Tree Canopy Analysis MEETING DATE: January 26, 2010 ■ Background: Urban tree canopy is a system of trees and associated plants that grows in our city on public and private lands. This system includes the layer of leaves, branches, and stems of trees that cover the ground when viewed from above. The benefits of urban trees include improving water quality, reducing air pollution, reducing erosion, saving energy costs, and improving real estate values. The Department of Parks and Recreation, Landscape Management Division, has been awarded a $2,000 grant for an Urban Tree Canopy Analysis project by the Virginia Department of Forestry and Department of Conservation and Recreation. This grant represents an additional award to the City's original request of $3,000 (Council approved on November 18, 2008). The City was among only five Virginia communities to receive this funding. ■ Considerations: The City has never conducted an urban tree canopy analysis and, therefore, has no data to indicate the percent of tree canopy. Assessing Virginia Beach's percentage of tree canopy will provide a baseline so staff can quantify needs and identify potential future tree planting sites, and represents one of the first steps of the Urban Forest Management Plan. Urban areas in the Mid -Atlantic region are encouraged to strive for 40% tree canopy coverage to sustain the ecosystem services that trees provide to their communities. The grant is designed to assist local governments in determining the current urban tree canopy and to help set goals for specific areas to improve water quality (through rainfall interception, pollutant removal, and shading of streams and impervious surfaces) by increasing tree canopy. The City will contract with the University of Vermont as a contractor to help determine the tree canopy. Additionally, the Department of Forestry will also provide satellite imagery of Virginia Beach to assist with the tree canopy analysis. The grant requires an in-kind match of existing staff support. ■ Public Information: Public information will be coordinated through the traditional Council agenda process. ■ Attachments: Ordinance Recommended Action: Adoption of ordinance Submitting DepartmentlAgency: Department of Parks and Recreation City Manager: � ' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE FY 2009-10 OPERATING 3 BUDGET OF THE DEPARTMENT OF PARKS AND 4 RECREATION FOR AN URBAN TREE CANOPY 5 ANALYSIS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $2,000 is hereby accepted from the Virginia Department of Forestry and 11 Department of Conservation and Recreation and appropriated, with state revenues 12 increased accordingly, to the FY 2009-10 Operating Budget of the Department of Parks 13 and Recreation for an Urban Tree Canopy Analysis. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia on the day 16 of , 2010. 17 18 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services orney's Office CA 11359 R-4 January 12, 2010 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the Grants Consolidated Fund to CIP #1- 109, Energy Performance Contracts (Schools) MEETING DATE: January 26, 2010 ■ Background: On December 8, 2009, City Council accepted a $4,042,000 grant from the U.S. Department of Energy and appropriated the funding to the City's Grant Consolidated Fund. The grant includes $1,649,705 for Schools. ■ Considerations: Schools has indicated that moving their portion of the grant to CIP project #1-109, Energy Performance Contracts (Schools), would simplify the processing of payments and the tracking of grant expenses. Expenditures associated with the grant will be tracked separately from other funds in the CIP project that have been allocated for energy performance contracts. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: The full grant funding could be retained in the Grants Consolidated Fund, but the processing and tracking of records associated with Schools -related grant expenses is simplified if those funds are placed in a capital project. ■ Recommendations: It is recommended that City Council approve a transfer of $1,649,705 from the FY 2009-10 Schools operating budget in the Grants Consolidated Fund to CIP project #1-109, Energy Performance Contracts (Schools). ■ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Schools City Manage • "14 .� 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GRANTS CONSOLIDATED FUND TO CIP #1-109, 3 ENERGY PERFORMANCE CONTRACTS (SCHOOLS) 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $1,649,705 is hereby transferred from the FY 2009-10 Schools Operating 9 Budget in the Grants Consolidated Fund to CIP #1-109, Energy Performance Contracts 10 (Schools). 11 12 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 13 , 2010. Approved as to Content: Approved as to Legal Sufficiency: Management Services n eVsbffice CA11363 R-2 January 13. 2010 r NlA �Cl N 53 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve the amount of $135,000 in Economic Development Investment Program Funds (EDIP) to Runnymede Corporation For Pavilion Center II by the City of Virginia Beach Development Authority MEETING DATE: January26, 2010 ■ Background: The Runnymede Corporation ("Runnymede") constructed the Pavilion Center II as part of the Pavilion Office Park located at 600 22nd Street (GPIN 2417-98-2206) in the City of Virginia Beach. Pavilion Center II is a 5 - story, 83,859 -square -foot, Class "A" Office building on a 3 -acre parcel. Prior to commencement of construction, Runnymede contacted the City to seek an award under Part "B" of the City of Virginia Beach Development Authority's ("VBDA") Economic Development Investment Program ("EDIP"). At the time Runnymede sought the award, Strategic Growth Area 13, the Strategic Growth Area in which Pavilion Center II is located, had not yet been formally designated as a Strategic Growth Area. On December 8, 2009, the area of the Pavilion Office Park was designated a Strategic Growth Area by City Council with the adoption of the new Comprehensive Plan. However, to qualify for an award under Part "B" of the EDIP policy, an otherwise qualifying potential redevelopment must be in a Strategic Growth Area and construction on that project must not be commenced. Because the Pavilion Center II is completed and occupied, the VBDA must seek City Council approval prior to making an award of EDIP funds. ■ Considerations: Other than the timing of the commencement of the project, Runnymede would qualify for an award under Part "B" of the EDIP. Runnymede invested over $15 million in the development of the project, and the projected tax revenues associated with the project will lead to a payback of EDIP funds in less than one year. As required by EDIP policy, the funds awarded to Runnymede will be used to offset the expense of utility relocation associated with the construction of the project. Moreover, the addition of Class "A" office space assists in the achievement of the following Outcome Strategies addressed in The City's Strategic Plan to Achieve City Council's Vision for the Future: • Grow and Diversify the Local Economy • Revitalize Neighborhoods and Plan for the Future • Be a Competitive, First Class Resort for Residents, Businesses and Tourists ■ Public Information: All public information will be handled through the normal agenda process. ■ Recommendations: Approval of the provision of EDIP Funds to The Runnymede Corporation by the Virginia Beach Development Authority. ■ Attachments: Ordinance Location Map Recommended Action: Approve Submitting Department/Agency: Economic Development aio— City Manager: j V ,�� I AN ORDINANCE TO APPROVE THE AMOUNT 2 OF $135,000 IN ECONOMIC DEVELOPMENT 3 INVESTMENT PROGRAM FUNDS (EDIP) TO 4 RUNNYMEDE CORPORATION FOR PAVILION 5 CENTER II BY THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY 7 s WHEREAS, under the City's Economic Development Investment Program (the 9 "EDIP"), the City Council authorizes the City of Virginia Beach Development Authority 10 ("Authority") to make awards to qualified businesses for the purpose of promoting 11 economic development within the City of Virginia Beach on the terms and conditions as 12 set forth in the EDIP. 13 14 WHEREAS, if the Director of Economic Development and the Authority 15 determine that an award of EDIP funds would be consistent with the intent of the EDIP 16 and is in the best interests of the City of Virginia Beach, but such award does not meet 17 the technical requirements of the EDIP, the Authority must seek City Council approval 18 prior to making such an award. 19 20 WHEREAS, Runnymede Corporation ("Runnymede") is the developer of Pavilion 21 Center II located at 600 22nd Street in the City of Virginia Beach ("Pavilion Center") 22 located in Strategic Growth Area 13. 23 24 WHEREAS, in connection with the development of Pavilion Center, Runnymede 25 sought an award under the Part "B" of the EDIP. At the time Runnymede requested the 26 award, Pavilion Center was not in an identified Strategic Growth Area or Economic 27 Redevelopment Area as required by the EDIP. 2s 29 WHEREAS, on December 8, 2009, the City adopted a new Comprehensive Plan. 3o The area in which Pavilion Center is located is within a Strategic Growth Area identified 31 in the new Comprehensive Plan, the costs sought to be offset by the proposed award 32 are consistent with those that may be paid with. EDIP funds, and the project would 33 otherwise qualify for an EDIP award if construction had not commenced prior to the 34 award. Because Construction on Pavilion Center is now complete, an award of EDIP 35 funds requires City Council approval. 36 37 WHEREAS, the Director of Economic Development and the Authority desire to 38 make an award of EDIP funds in the amount of $135,000 to Runnymede to offset the 39 expenses associated with utility relocation necessary for the construction of Pavilion 40 Center. 41 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 1. The City of Virginia Beach Development Authority (the "Authority") is 47 hereby authorized to make an award of Economic Development Investment funds in the 48 amount of $135,000 to Runnymede Corporation ("Runnymede") to offset the expenses 49 associated with utility relocation at the Pavilion Center II in the City of Virginia Beach. 50 2. The award of EDIP funds to Runnymede Corporation shall be on such 51 terms and conditions as deemed appropriate by the Chair of the Authority and deemed 52 legally sufficient by the City Attorney. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2010. CA11202 \\vbgov. com\dfs 1 \applications\citylawprodkycom32\ W pdocs\Do03\Po05\00023886. DOC R-1 January 14, 2010 APPROVED AS TO CONTENT: Department of Economic Development APPROVED AS TO LEGAL SUFFICIENCY: 2 City Attorney's Office L. M. PLANNING - NO ACTION Application of LAURIE RICHARDS GREEN PARROT GRILLE/KAY BURTON for the Expansion of a Nonconforming, Structure at 4494 Lookout Road due to sign not being posted DISTRICT 4 - BAYSIDE PLANNING 1. Application of HELLS KITCHEN ON THE BAY/CHESAPEAKE BEACH COMMONS, LLC for the Expansion of a Nonconforming Structure at 4600 Lookout Road re a roof covering over an existing deck DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of VIKING MOTEL CORPORATION for the closure of a portion of 27-'/z Street near Pacific Avenue to demolish the existing motel buildings and construct a mixed-use building with restaurants, retail shops and offices on the site DISTRICT 6 - BEACH RECOMMENDATION APPROVAL Application of ROBERT and DORTHY MARTINSEN for the closure of an unimproved portion of West Virginia Avenue and South Kentucky Avenue to incorporate the land with their existing condominium development (Kentucky Commons) DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of HOME ASSOCIATES OF VIRGINIA, INC. for an Amendment to Sherwood Lakes PD -H Plan at Seaboard Road and Golfwatch Lane to replace multi- family dwellings (restricted to age 55 and greater) with townhouse units (not age - restricted). DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDS PLANNING COMMISSION RECOMMENDS DENIAL APPROVAL 5. Application of IGLESIA CRISTIANA RIOS DE AGUA VIVA/PLEASANT VALLEY ASSOC., L.L.C. for a Conditional Use Permit re religious use at 4221 Pleasant Valley Road, Suite 125. DISTRICT I - CENTERVILLE RECOMMENDATION APPROVAL 6. Application of KEMPSVILLE PRESBYTERIAN CHURCH for a Conditional Use Permit re a religious facility (church) at North Landing Road and Courthouse West Neck Parkway (Courthouse Estates). DISTRICT 7 - PRINCESS ANNE RECOMMENDATION/APPLICANT REQUEST INDEFINITE DEFERRAL 7. Application of SEASHELL PROPERTIES, LLC for a Conditional Use Permit re a commercial parking lot at 303 23`d Street, 2300 Atlantic Avenue, 2302 Pacific Avenue. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 8. Application of SENIOR'S UNLIMITED LIFESTYLES, INC./WILLIE DONALD MARTIN, SR. for a Conditional Use Permit re an independent senior housing facility at 5827 Burton Station Road. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. Application of GARY C. KIMNACH, C/O BEACH AUTO/WILLIAM D. III and GRACE A. FRIERSON for a Change of Zoning District Classification from R-10 Residential District and B-1 Neighborhood Business District to Conditional I-2 Heavy Industrial District at Jackson Street and South Birdneck Road re a motor vehicle repair center. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 10. Application of ST. LUKE CATHOLIC CHURCH/CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions (approved by City Council on January 9, 1989, and November 27, 1990) at 2304 Salem Road to ADD portable classrooms back of the existing building. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, January 26, 2010, at 6:00 p.m. The following applications will be heard: SAY31DE DISTRICT Laurie Richards - Green Parrot Gnlle/Hay Burton Application: Exoanslon of a Nonconforming Structure at 4494 Lookout Road. Hells Kitchen On The Bay/Chesapeake Beach Commons, LLC Application: E�oanslnn eta Nonconforming Structure at 4600 Lookout Road. Senior's Unlimited Lifestyles, Inc./ Willie Donald Martin, Sr. Application: Corditional Use Permit for a senior housing facility at 5827 Burton Station Road. CENTERVILLE DISTRICT Iglesla Cristiana Rios De Aga Viva/Pleasant Valley Assoc., L.L.C. Application: Conditional Use Permit for a religious use at 4221 Pleasant Valley Road, Suite 125. BEACH DISTRICT Viking Motel Corporation Application: Discontinuance, closure and abandonment of a portion of 27 'h Street, beginning on the west side of Atlantic Avenue for a distance of 71.50 feet Seashell Properties, LLC Application: Condttlonal Use PerrnR for a commercial parking lot at 303 23rd Street, 2300 Atlantic Avenue, 2302 Pacific Avenue. Gary C. Kimnsch, C/O Beach Auto/William D. Frierson, III and Grace A. Frierson Application: CChag" of Zoning District Classification from R-10 Residential and B -i Ne,ghborhood Business to Conditional 1.2 Heavy Industrial at the northwest comer of Jackson Street and South Birdneck Road ( GPINs 2417436901: 2417436991: 2417446080; 2417445020). Comprehensive Plan: Suburban Arse / APZ-1. Purpose: motor vehicle repair center. PRINCESS ANNE DISTRICT St. Luke Catholic Church/Catholic Diocese Of Richmond Application: Modification of Cond approved by City Council on January 9, 1989 and November 27, 1990) at 2304 Salem Road. Kempsvilie Presbyterian Church Application: C4ndltional Use PertnB. religious facility ichurch), north side of North Landing Road, approximately 2,000 feet west of Courthouse West Neck Parkway (Courthouse Estates). (portion of GPIN 148481-7296 and 149402-1476 ). Home Associates Of Virginia, Inc. Application: Amendment to Sherwood Lakes PLWPlan at the east side of Seaboard Road, approximat" 2150 feet north of Golfwatch Lane (GPIN 2403781396). Purpose: replace multi -family dwellings (restricted to age 55 and greater) with townhouse units (not age -restricted). LYNNHAVEN DISTRICT Robert And Dorthy Martmsen Application ,S,tMM Closure for an unimproved portion o West Virginia Avenue. north of Invemese Road and west of S. Kentucky Avenue. Ail interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed crdinances, resolutions and amendments are on file and may be examined In the Department of Planning or online at ritto:1i www.vbgov.com/DC For information call 385-4621. It you are physically disabled or vlsua9y InVaked and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3964303. roS. au �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing an Expansion of a Nonconforming Use for Laurie Richards — Green Parrot Grille on property located at 4494 Lookout Road. BAYSIDE DISTRICT MEETING DATE: January 26, 2010 ■ Recommendations: This item was advertised in the Virginia Beach Beacon as required by State Code; however, the applicant failed to post the public notice sign on the property as required by the Zoning Ordinance. Thus, this item cannot be heard by the City Council. No action is required by the City Council. Staff will advertise the application for City Council's February 9 meeting. ■ Attachments: Location Map Recommended Action: No action necessary. Submitting Department/Agency: Planning Department le City Manager.-- % IL "'b'600C slap F-? Laurie Richards t/a Oap Not to Scale G rood Pn 1'rat Gra 1 p r - ornvre wrive coning vveney Non -Conforming Use CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property located at, 4600 Lookout Road Owned by Chesapeake Beach Commons, Inc. and Operated as Hell's Kitchen on the Bay. BAYSIDE DISTRICT MEETING DATE: January 26, 2010 ■ Background: The applicant is requesting the approval of an enlargement to a nonconforming use. The alteration consists of a roof covering over an existing deck. There is a residential dwelling and a restaurant with an attached deck located on the site, which is zoned R -5R Resort Residential. The covered deck is considered an alteration to an existing nonconforming use, as there is currently a restaurant and dwelling unit on the property and restaurants are not permitted uses within R -5R Residential Resort District. Information from the City Assessor's office indicates that the structures on the site were constructed in 1960. This building, however, appears to have existed as early as 1949 based on aerial photography taken of the site. The applicant's representative further stipulates that the building has been used for dining and living purposes since the 1930s. ■ Considerations: The covered deck is located on the west side of the building and is situated along the southern (front) property line and wraps around the western side of the building. The deck covering, however, does not extend any further into the setback than the previously uncovered deck. The deck enclosure is constructed of a metal frame awning made of one -inch square, eighteen -gauge steel. The awning cover is made of HUV Sunbrella®, which is a fire-resistant material. A curtain enclosure and hand railings are also installed. The curtains are made of a vinyl laminated material and are flame- retardant. Planning Department records indicate that there was no building permit issued for the construction of the covering. ■ Recommendations: HELL'S KITCHEN ON THE BAY Page 2 of 2 Staff concludes that the proposed expansion is reasonable, will have a minimal impact, and will be as appropriate to the surrounding area as the existing non- conforming use when the deck was not covered. The existing deck is currently used for dining purposes; therefore, the proposed deck covering simply alters the existing outdoor dining area. No increase in overall dining square footage is anticipated with this request. Staff further finds that the covering for the deck provides an enhanced dining experience for patrons who visit the site and creates a needed screen between the existing outdoor dining area and the surrounding residential community. The following conditions are recommended: 1. The alterations to the existing deck shall substantially adhere to the submitted marked -up site plan entitled "Physical Survey of Lot 18 & Part of Lots 17 & 19", dated April 12, 2000, and prepared by Ward M. Holmes Land Surveyor, P.C. Said plan has been exhibited to the City of Virginia City Council and is on file in the Planning Department. 2. The alterations to the deck shall substantially adhere to the photograph of the site. Said photograph has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. All necessary alteration permits and a certificate of occupancy for the covered deck from the Department of Planning/Permits and Inspections Division shall be obtained within 60 days of this approval. 4. There shall be no speaker system or the playing of music on the deck area or anywhere outside the main building. ■ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting DepartmenVAgency: Planning Departmen City Manager: DK 7lbl�l;Kk IiUI.'!F. L11 Use REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 4600 Lookout Road January 26, 2010 City Council Meeting APPLICANT: HELL'S KITCHEN ON THE BAY PROPERTY OWNER: CHESAPEAKE BEACH COMMONS, INC. STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 15706146430000 BAYSIDE 6,270 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting the approval of an enlargement to a nonconforming use. The alterations consist of a roof covering over an existing deck. Planning Department records indicate that there was no building permit issued for the construction of the covering. There is a residential dwelling and a restaurant with an attached deck located on the site, which is zoned R -5R Resort Residential. The covered deck is considered an alteration to an existing nonconforming use because there is currently a restaurant and dwelling unit on the property and restaurants are not permitted uses within R -5R Residential Resort District. Information from the City Assessor's office indicates that the structures on the site were constructed in 1960. This building, however, appears to have existed as early as 1949 based on aerial photography HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 1 taken of the site. The applicant's representative further stipulates that the building has been used for dining and living purposes since the 1930s. The covered deck is located on the west side of the building and is situated along the southern (front) property line and wraps around the western side of the building. The deck covering, however, does not extend any further into the setback than the previously uncovered deck. The deck enclosure is constructed of a metal frame awning made of one -inch square, eighteen -gauge steel. The awning cover is made of HUV Sunbrellae, which is a fire-resistant material. A curtain enclosure and hand railings are also installed. The curtains are made of a vinyl laminated material and are flame-retardant. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Eating and drinking establishment with attached dwelling and deck SURROUNDING LAND North: . Single-family dwellings / R -5R Residential Resort District USE AND ZONING: South: . Lookout Road • Single-family and attached dwellings / R -5R Residential Resort District East: . Fentress Avenue 0 Single-family and attached dwellings / R -5R Residential Resort District West: . Parking lot, Single-family and attached dwellings / R -5R Residential Resort District NATURAL RESOURCE AND There are no known natural resources or cultural features associated CULTURAL FEATURES: with this site. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The proposed enlargement is reasonable and should be as appropriate to the district as the existing non- conforming use. The existing deck is currently used for dining purposes; therefore, the proposed deck covering simply alters the existing outdoor dining area. No increase in overall dining square footage is anticipated with this request. Staff further finds that the proposed deck alteration provides an enhanced dining experience for patrons who visit the site and creates a needed barrier between the existing outdoor dining area and the surrounding residential community. The request, therefore, is acceptable with the conditions as listed below. HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 2 CONDITIONS 1. The alterations to the existing deck shall substantially adhere to the submitted marked -up site plan entitled "Physical Survey of Lot 18 & Part of Lots 17 & 19", dated April 12, 2000, and prepared by Ward M. Holmes Land Surveyor, P.C. Said plan has been exhibited to the City of Virginia City Council and is on file in the Planning Department. 2. The alterations to the deck shall substantially adhere to the photograph of the site. Said photograph has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. All necessary alteration permits and a certificate of occupancy for the covered deck from the Department of Planning/Permits and Inspections Division shall be obtained within 60 days of this approval. 4. There shall be no speaker system or the playing of music on the deck area or anywhere outside the main building. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. 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. HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 3 AERIAL OF SITE LOCATION HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 4 NOM 'M Mfr MMW HOSON **VAN io Ut #4 . X " ACWRDM -0 F.LM A. MAP PAMLtil. 315531-0003E. MWOED DEC. 51 isle. LOOKOUT ROAD ( 40' R/W E { F I# r PROPOSED SITE PLAN HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 5 EDGE of WAYM PLEASURE HOUSE LAKE j � k1 cm � t- ON IN z L�3 LOT 18 (< o � (L i oFRAWPART /��' p� OFp, LOT 19 y Q 0 YX4W j 4M OX 10 LOOKOUT ROAD ( 40' R/W E { F I# r PROPOSED SITE PLAN HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 5 PHOTOGRAPH OF BUILDING & COVERED DECK HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 6 V 4F, DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, Arm, 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) rA the. 6A 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only d property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affilidted business entity' relationship with the applicant (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 ZSee next page for footnotes Does an official or employee of th ity of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? N on-Confomft Use AppAwdon Page ad9 Ref ed MA7 DISCLOSURE STATEMENT HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services. (Attach list if necessary) an vQs �rPd /-;Zjx s T ' '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's relationship, other then 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 con sidered 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 sham the use of the same offices or employees or otherwise share activvities, resources or personnel on a regular basis; or there is otherwise a dose 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 msponsble for obtaining and posting the required sign on the subject property at lose 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Departmerrt of Plannlnp"otograph M view the site for purposes of processing and evaluating tib application. Nan-Confarn*V Use Appkalion Pape 9 of 9 Rewind 7/3107 DISCLOSURE STATEMENT HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 9 1 J C �� b ► �? Y�o ; c� Pri Name ..A, urure Nf diftrwirthen A icant) Print Name Nan-Confarn*V Use Appkalion Pape 9 of 9 Rewind 7/3107 DISCLOSURE STATEMENT HELL'S KITCHEN ON THE BAY / CHESAPEAKE BEACH COMMONS, INC. January 26, 2010 City Council Meeting Page 9 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 4600 4 LOOKOUT ROAD OWNED BY 5 CHESAPEAKE BEACH COMMONS, INC AND 6 OPERATED AS HELL'S KITCHEN ON THE 7 BAY. 8 9 WHEREAS, Hell's Kitchen on the Bay (hereinafter the "Applicant") has made 10 application to the City Council for authorization to enlarge a nonconforming use having 11 the address of 4600 Lookout Road, in the R -5R Resort Residential District, by adding a 12 roof covering over an existing deck on a nonconforming restaurant structure; and 13 14 WHEREAS, the said restaurant is nonconforming, as it is located in the R -5R 15 Zoning District, which does not allow restaurants; and 16 17 WHEREAS, the use was commenced prior to the adoption of the applicable 18 regulations; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 22 City Council authorizing such action upon a finding that the proposed use, as enlarged, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed use, as enlarged, will be 30 equally appropriate to the district as is the existing use under the conditions of approval 31 set forth hereinbelow. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the enlargement of the nonconforming use is hereby authorized, upon the 37 following conditions: 38 39 1. The alterations to the existing deck shall substantially adhere to the submitted 40 marked -up site plan entitled "Physical Survey of Lot 18 & Part of Lots 17 & 41 19", dated April 12, 2000, and prepared by Ward M. Holmes Land Surveyor, 42 P.C. Said plan has been exhibited to the City of Virginia City Council and is 43 on file in the Planning Department. 44 45 2. The alterations to the deck shall substantially adhere to the photograph of the 46 site. Said photograph has been exhibited to the City of Virginia Beach City 47 48 49 50 51 52 53 54 55 56 57 Council and is on file in the Planning Department. 3. All necessary alteration permits and a certificate of occupancy for the covered deck from the Department of Planning/Permits and Inspections Division shall be obtained within 60 days of this approval. 4. There shall be no speaker system or the playing of music on the deck area or anywhere outside the main building. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: wolpffll CA11360 R-1 January 11, 2010 f City Attorney's Office ItIt • 1S) (�NY.v • rJ J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Viking Motel Corporation for the Discontinuance, Closure and Abandonment of the Easternmost 71.50 feet of 27 1/2Street. District 6 - Beach MEETING DATE: January26, 2010 ■ Background: The applicant, Viking Motel Corporation, requests discontinuance, closure and abandonment of the easternmost 71.50 feet of 271/2 Street. The proposed closure totals 1,431 square feet. ■ Considerations: The applicant proposes to incorporate the area of the closure into a proposed redevelopment of the site. The Viking Motel currently occupies portions of the blocks north and south of the alley, between 27th Street and 28th Street. The motel buildings are connected by an open walkway on the second floor of the buildings across the alley. The applicant plans to demolish the existing motel buildings and construct a mixed-use building with restaurants, retail shops, and offices on the site. The applicant desires to construct the second floor of the new building over the area proposed for closure . The applicant proposed dedicating an eight -foot easement for the length of the street closure (71.50 feet) to allow pedestrians using the parking areas on Pacific Avenue to access Atlantic Avenue through a building arcade that will be situated where the alley is currently located. The Viewers reviewed the request to close a portion of 271/2 Street and found that it would not present any inconvenience to the public. The alley closure is a component of a plan by the applicant to redevelop the block fronting Atlantic Avenue with a mixed-use development that furthers the goals of the Resort Area Strategic Action Plan There was opposition to this request, with regard to the eight -foot pedestrian access easement. Thus, the Planning Commission added a condition for a 20 - foot wide public vehicular and pedestrian ingress -egress easement, including the removal of any on -street parking spaces, in the area of the proposed street closure. Further concern was voiced regarding the clearance height underneath the proposed structure across the area proposed for closure. To address this concern, an additional condition is recommended to require that the bottom of the structure crossing the area proposed for closure to be at least sixteen (16) feet off the ground. Viking Motel Corporation Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval to the City Council 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. 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 dedicate a twenty (20) foot wide public vehicular and pedestrian ingress/egress easement for the entire length of the street closure area, the applicant shall provide and maintain pedestrian lighting along the length of the easement area and the applicant shall remove any on -street parking spaces located within the easement area. 4. Easements satisfactory to the utility companies shall be provided for access to their facilities. 5. 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. Staff further recommends that condition number 2 include: 6. The resubdivision plat shall include a plat note requiring any structure built over the closed area to be at least sixteen (16) feet off the ground. ■ Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S L 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 ORDINANCE APPROVING APPLICATION OF VIKING MOTEL CORPORATION FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF THE EASTERNMOST 71.50 FEET OF 271/2 STREET WHEREAS, Viking Motel Corporation applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "DENOTES PORTION OF 27 1/2 STREET TO BE CLOSED AREA = 1,431 SF OR 0.033 AC" shown as the shaded area on that certain plat entitled: "EXHIBIT 'A' SHOWING PORTION OF 27 1/2 STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SEPTEMBER 10, 2009" Scale: 1" = 50', prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 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 GPIN: 2428-00-9806 1 44 Pursuant to Street Closures," approved by City Council. Copies of said policy are 45 available in the Planning Department. 46 47 2. The applicant shall resubdivide the property and vacate internal lot 48 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 49 shall include a plat note requiring structures built over the closed area to be at least 50 sixteen (16) feet off the ground. The resubdivision plat shall be submitted and approved 51 for recordation prior to final street closure approval. 52 53 3. The applicant shall dedicate a twenty (20) foot wide public vehicular 54 and pedestrian access ingress/egress easement over the entire length of the closed 55 area. The applicant shall provide and maintain pedestrian lighting along the length of 56 the easement area and shall remove any on street parking spaces located within the 57 closed area. 58 59 4. Easements satisfactory to the utility companies shall be provided for 60 access to their facilities. 61 62 5. Closure of the right-of-way shall be contingent upon compliance with 63 the above stated conditions within one (1) year of approval by City Council. If all 64 conditions noted above are not in compliance and the final plat is not approved within 65 one (1) year of the City Council vote to close the street, this approval will be considered 66 null and void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before January 25, 71 2011, this Ordinance will be deemed null and void without further action by the City 72 Council. 73 74 2. If all conditions are met on or before January 25, 2011, the date of 75 final closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the 78 underlying fee, the City Manager or his designee is authorized to execute whatever 79 documents, if any, that may be requested to convey such interest, provided said 80 documents are approved by the City Attorney's Office. 81 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 87 OF VIRGINIA BEACH as "Grantor" and VIKING MOTEL CORPORATION as "Grantee." z Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 20 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11210 \\vbgov. com\DFS I Wpplications\CityLawProd\cycom32\Wpdocs\D012\P006\00038628. DOC R-1 January 12, 2010 3 APPR VED AS TO CONTENT: Planning D artment APPROVED AS TO LEGAL SUFFICIENCY: t City Attorney W 4 EXHIBIT A 28th SAi'�T 49"(EB.12s0_no' 0�5�11 WK/NG M07EL CORP. z (D.8. 2JO9, PG. 1418) E4 44' OF LOT 9, BLOCK 67 LA o (M.B. 3, PG. 177) GP/N 2428-00-79J9 ZOMED RU N /OLEN)/YLE 0)7Z, INC (08 1918, PG J44) LOT 10 ANO PART GIS' LOT 9, i 67 LO BLOCK (M.B. a PC 177) o GP/N 2428-00-5977 VIKING MOTEL CORP. (D.B. 2309. PG. 1418) LOTS 1.6.7,8 & E 21.5' OF LOT 2, BLOCK 67 (M.B. 3, PG. 177) GPIN 2428-00-9806 ZONED RT2 SITE IS DEVELOPED 8 I. LOT 7 1 LOT 6 I I N 13'51'27" W °o S N LOT 10 LOT 9 20.07' 1 1 N Li 76'11'17" W 27 J smiTr 249.89' 0/A ::::71.50' ; ; :;:; • • L" 76'06'31" E (A/.B..i PC 176) 250.00' 0/A 71.50'::::::::: o LOT 5 LOT 4 N/F" z MAHAKAAL 2701, LLC N w 1 (1NST.1 i 20060124000121610) VIKING MOTEL CORP. N14- 4,i' OF LOT 9 & 28.5' (D.B. 2309, PG. 1418) -' ' MAHAKAAL 270>, LLC OF LOT 2, BLOCK 67 LOTS 1.6.7.8 & E 21.5'' (/NST. (M.8. ., PC. 177) OF LOT 2, BLOCK 67 m 20060>2400012>610f CP/N 2428-00-8844 (M.B. 3, PG. 177) P L075 4 5 AND PART ZGWED R72 GPIN 2428-00-9806 (It � 3 BLOCK 67 i 1 ZONED RT2 (M.8. i, PG 177) SITE IS DEVELOPED GP/N 2428-00-7862 LOT 3 LOT 1 ZLINED R72 0 o P v v � S 76'07'56" W 250.00' 2A* S7AUT (W' R14F) (A/.8. a PG. 176) DENOTES PORTION OF 27 ElSTREET TO BE CLOSED AREA=1,431 SF OR 0.033 AC a JAm 50' 0 50' 100' 1 INCH = 50' FT EXHIBIT 'A' SHOWING PORTON OF 27 112 STREET BE TO CLO EO VIRGINIA BEACH, VIRGINIA SEPTEMBER 10, 2009 ■■..-■r�■■MSA9 P.C. ■■..-■rte■■ Surveyingcture - planning ---IMZA..6 Ll ■■■i\�\■ wEngineering ■■1i\�\■ ■■/!.1■■■Environmental Sciences5033 ROUSE DRDT, VIRGINIA BEACH, VA "462-370 ■■I�.1■■■ ■■L!_!■■ ■■G!_!■■ PEW F, r� M®-------------. �p .- - - - ------------- �'' �--------------- ---------------- a 21st LOCATION MAP - SCALE: 1" = 2,000' NOTES.' 1. NCWTH MER/D/AN SHONV HERECW /S BASED CW THE NRdN/A STALE PLANE COLWD/NATE SYSTEM, SOUTH ZONE, NAD 198J193 (HARN) 2. CURRENT OWER AS PER C/TY GW WG/N/A BEACH REAL ESTATE ASSESSOR /S N!(7NG MOTEL CCWPCWAACW. (D8.. 2i09, PG 1418) ,i. PROPERTY LINE /NFCWMAAOYV -WO)OV HERECW /S DERIkW FROM RED AWA' PERFDWE0 BY MSA, P.C. CW , VNE 16, 2008 x ffFR J. VIERR a c. No. 2306 SUR` (o EXHIBIT 'A' SHOWING PORTlO/V OF 27 ,g2 STREET TO BE CLO ED VIRGINIA BEACH, VIRGINIA SEPTEMBER 10, 2009 MSA P.0 Landscape Architecture • Planning Surveying • Engineering Environmental Sciences 3033 ROUGH DRIVE, VIRGINIA BEACH, VA 23*2-3= PHONE (M) 4W9264 • FAX (M) 490-0634 SHEET 2 CF 2 DWN BY. GMZ JOB# 08094 SCALE: GRAPHIC 8 December 9, 2009 Public Hearing APPLICANT: VIKING MOTEL CORPORATION PROPERTY OWNER: CITY OF VIRGINIA BEACH REQUEST: STAFF PLANNER: Faith Christie Discontinuance closure and abandonment of a portion of 27 2 Street, beginning on the west side of Atlantic Avenue for a distance of 71.50 -feet ADDRESS / DESCRIPTION: Property located on the west side of Atlantic Avenue, between 26`" and 27'" Streets GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to BEACH 1,431 square feet Less than 65 dB DNL 24280098060000 The applicant requests discontinuance, closure and SUMMARY OF REQUEST abandonment of a portion of 27'/t' Street westward from Atlantic Avenue for a distance of 71.50 feet. The proposed closure totals 1,431 square feet. The applicant proposes to incorporate the area of the closure into a proposed redevelopment of the site. The Viking Motel currently occupies the blocks north and south of the alley, between 27'" Street and 28`" Street. The motel buildings are connected by an open walkway on the second floor of the buildings across the alley. The applicant plans to demolish the motel and construct a mixed-use building of restaurants, retail shops, and offices. The applicant desires to connect the buildings at the second floor across the alley. He proposes to record a pedestrian easement the length of the street closure (71.50 -feet) so that pedestrians using the parking areas on Pacific Avenue can access Atlantic Avenue through a building arcade that will be situated where the alley is currently located. VIKING MOTEL CORPORATION Agenda Item 8 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Alley between 26`" Street and 27`" Street. SURROUNDING LAND North: . Viking Motel / RT -2 Resort Tourist USE AND ZONING: South: . Viking Motel / RT -2 Resort Tourist East: . Atlantic Avenue West: • Viking Motel and Off-site Parking lot for Seaside Motel / RT -2 Resort Tourist NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: alley. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There are no traffic issues. WATER & SEWER: There are no City water and sewer issues. PRIVATE UTILITES: Dominion Virginia Power has electrical facilities within the alley. The applicant must record an easement for Dominion Virginia Power to access the facilities. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The Viewers reviewed the request to close a portion of 27' 2 Street and found that it would not present any inconvenience to the public. The applicant proposes an eight -foot pedestrian easement across the street closure area. The alley closure is a component of a plan by the applicant to redevelop the block fronting Atlantic Avenue with a mixed-use development that furthers the goals of the Resort Area Strategic Action Plan. VIKING MOTEL CORPORATION Agenda Item 8 Page 2 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 re -subdivide 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 record a twenty (20) foot vehicular / pedestrian ingress / egress easement the entire length of street closure. The applicant shall provide and maintain pedestrian lighting along the length of the easement. 4. Easements satisfactory to the utility companies shall be provided, for access to their facilities. 5. Closure of the right -0f -way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. VIKING MOTEL CORPORATION Agenda Item 8 Page 3 AERIAL OF SITE LOCATION VIKING MOTEL CORPORATION Agenda Item 8 Page 4 y�1 - 2 B> (6° I N 76'09'49" E 250.00' V� N/ONC morn CLA4P. VIKING MOTEL CORP. z (0 R. 2A -W,, PC 7476) (D.B. 2308. PG. 1418) m E, 44' CTS LOT 9, 6LOQY 67 LOTS 1.6.7,8 & E 21.5` or to 1*8. 4 PC 177) LOT 2, BLOCK 67 q 6FIN 2428- 00-73J9 (M2. 4 PG 177) Z WM RU GPIN 242@ -OD -9806 W ZONED R72 IDLEW 07a ANG ( i hDIS DEVELOPED (OB 191$ PC 3W) LOT /O AAO PART or Lor 9 o BLOOr 67 I COT 8 I 107' i 1 LOT d (M8 •T PG 177) ! i 1 w x 6P/,V 2429-04-6977 N 13'51'27' W 0° Lor 70 10r9 20.07'`1 S 76'11'I7" W 27 f/? S1JPfZT 249.89' 0/A 71 50 e N N 76 O6'31" E (WAR x PG 176) 250.00' O/A .71.50.....: o • p w MANAMA 4[ ZR71, LLC VIKIN MOTEL CORP, y (NS,-/ ZdaSOJZ4pg7121610J (D.9. 2308, PG. 1418) r i 43, ClR LOr .T & .285' Or LOTS 1,6,7. 8 & 'E 21.5' OF 1: LOr Z &OQY 67 LOT 2, BLOCK 67 U *8 a P[C 177) (M.S. 3..'PG, 177) m aWN 2428-06L-68,04 (+SIN 2428-••00- •9806 ZaVW Rr2 ZONED R12 1 1 I SITE ISDEVELOPED$_ 1 1! I ! 1 t COTS LOT4_1 Lori I, M 401 1 53 q �lF� S 76'07'56 W 25000' 27!91 SM E7 (w .ev (A(A j Pr 176) DENOTES PORTION OF 27 } STREETTO BE CLOSED AREA -1,431 SF OR 0.033 AC 4yTH 04, 50' 0 50' 100. _ 7 INCH 50' FT . Na: "l •c < �t� SUR�p . EXHIBIT 'A' SHOVANG PO1R77CW ac" 27 112 ,STREET 70 aF cuzv VIRGINIA BEACH, VIRGINIA SEPTEMBER 10, 2009 MSAI P C L.WdsapeArcWtvaum -Planning vn =WMA l �►1�ACA: YA R3161 -TAC rxoNBps7)Ha-FAXps7149oBW-%frT1Or2 DWN BY: GMZ FB: JOB 08094 SURVEY OF AREA TO BE CLOSED VIKING MOTEL CORPORATION Agenda Item 8 Page 5 PROPOSED REDEVELOPMENT VIKING MOTEL CORPORATION Agenda Item 8 Page 6 1. 12/14/70 Conditional Use Permit (30 Motel Approved Units 2. 2/14/06 Chan es.to Nonconforming uses Denied 3. 4/23/96 Conditional Use Permit (Housing for Approved Seniors 4. 5/9/06 Rezoning (RT -3 Resort Tourist and Approved A-12 Apartment to Conditional RT -3 Resort Tourist with a LRG Laskin Road Gateway Overlay) 5. 3/9/94 Conditional Use Permit (Parking Approved Lot ZONING HISTORY VIKING MOTEL CORPORATION Agenda Item 8 Page 7 F=04 w F111111111111111111 can 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE [Dhamuben the applicant is a corporation, partnership, firm, business, or other unincorporated rganization, complete the following: . List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) iking Motel Corporation: Mahesh Patel (President), Nilesh Patel (Treasurer), Raman Patel, Patel, Kaushika Patel, Nita Patel 2. List all businesses that have a parent -subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) NIA 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. List all businesses that have a parent -subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) 11 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. $ See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Street closure Application Page 10 of 11 Revised 713107 VIKING MOTEL CORPORATION Agenda Item 8 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal sorvices: (Attach list if necessary) Ivking Motel Corporation Consotvo Markowitz and Webb, PLC, MSA, P.C., Tom Lamb Architects ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2,2-3101. 2'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (111) 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 entitles." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, i am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. App nt's Signature Print Name Property Owner's Signature (if different than applicant) Street Closure Application page 11 or 11 Revised 713107 Print Name �I co:) 0 a cm) N w N VIKING MOTEL CORPORATION Agenda Item 8 Page 9 28b4 SARarT (60' R/W) l� (8. $ PG. 176) ` N 76'09'49" R 250.00' ` MAXG MOTEL C VIKING MOTEL CORP. z (0.8. 2.309, PG 14 8) (D.B. 2309, PG. 1418) U) w 44' OF LOT 9, 8L 67 LOTS 1,6,7,8 & E 21.5' OF w r, +s (W8.. 3, PG. 177 LOT 2, BLOCK 67 J e � o GP/NZ�� X79 9 (M.S. 3. PG. 177) GPIN 2428-00-9806 w /aow Ola, A'VG SITE SN ED DEVELOPED `'' (DB 1914 PG ,344) 7 LOT 10 AND PART OF LOT 41 LOT 8 1 LOT 7 I +, LOT 6 p 8100( 67 PG 177 1 0 0PN 2428-010-6 77 N 13'51'27` W Lor 9 20.07'�l coo� m > S 7611'17" W 27 IA S 249.89' 0/A !o CA� N 76'06'31" E Off $ M 1 250.00' 0/A z Q l rn • 1.O N/f- a A(MA1(AAL 2704 LLC VIKING MOI CORP. (Ws20k7160424AG10121s10j (D.B. 2309, PG. -1418) cWn' t, 4Y Or LOT ,3 & 2615' 6F LOTS 1.6.7.a& E 21.5' OF N LOT Z 8Loix 67 LOT 2. BLOCK 67 y g (M.B. 4 PG 177) (M.B. 3, PG. 177) !n OWN 2428-04-8844 GPIN 2428-00--9806 ZON® R72 ZONED R72 o SITE IS DEVELOPED p w LOT 5 LOT 4L07-1LOT 3 0 0�1 S 76W'56' V 250.00' 2M SX MET (60'`R/lr) (ii R .1 PG liB) aDENOTES PORTION OF 27 STREET TO BE CLOSED AREA -1,431 SF OR 0.033 AC 50' 0 50' 100' 1 INCH = 50 FT i LSUIDR��4� �EXHI IT 'A' SH NG PORTION OF A 77 1/2 STREET ro 49E CLos8D VIRGINIA BE CH, VIRGINIA SEPTEMBER 10, 2009 ■■IhU Ulm P. ■�■U ��J■ ■■1A.1■■■ 1 n DWN BY: GMz FI33: ■■:kIAEU ■■1 ■II ■■■ -Planning ■■Ih1I&7■ T.Tul sciences■■I_,1■■r ■■C'' 7■■ 1 M: 1': FAX (757) 490MM 9Y,&7 welgRIMSPI Item #8 Viking Motel Corporation Discontinuance, closure and abandonment of a portion of 27 %2 Street District 6 Beach December 9, 2009 REGULAR Donald Horsley: The next item on our agenda is item 8, Viking Motel Corporation. An application for a discontinuance, closure and abandonment of a portion of 27%2 Street beginning on the west side of Atlantic Avenue for a distance of 71.50 feet, District 6, Beach. Mr. Perry. Janice Anderson: Welcome Mr. Perry. Michael Perry: Thank you Chairman and members of the Planning Commission. My name is Michael Perry, a landscape architect with MSA. We come before you this afternoon with this application for Viking Hotel representing them for a street closure, a portion of 27% Street. On the site now is Viking Hotel, which was built in the '60s. What we're proposing is a mixed-use building. That hotel will be torn down, and a new building constructed. Existing on the site now is a catwalk, and that catwalk goes over 27'/2 Street. Working with staff, the City is recommending that we close a portion of 271/2 Street to accommodate the new catwalk that is going to be with the new building. Along with this street closure, what we will be providing, and the applicant has agreed to it, is a 12 foot wide ingress/egress vehicular -pedestrian access easement. What this will accommodate is the adjacent property owners who have property that adjoins 27%2 Street, one being the hotel behind this building, and the other one the hotel across the street, which I believe is the Seaside. They have a parking lot on the western part of that lot. So, this will allow them to have access for their guests to this property. During site plan review we will work with the City on how we would provide one-way access. This would be one-way being 12 foot wide, signage, pavement markings, etc. The applicant has reviewed the conditions and approved them as stipulated. Again, we ask for your recommendation for approval. Thank you. Janice Anderson: Thank you. Are there any questions of Mr. Perry? How wide is that right-of- way now? Michael Peng: It is 20 feet. Janice Anderson: 20 feet. Michael Perry: Right. Originally, we had set an eight foot pedestrian access easement but working with the adjoining property owners, the applicant has agreed to allow vehicular access easement, which they have now with a 12 foot one-way. Item #8 Viking Motel Corporation Page 2 Janice Anderson: Okay. You're going to work out with staff how you're going to control that one way? Michael Perry: Yes ma'am. Janice Anderson: Okay. Are there any other questions at this time? Go ahead Jay. Jay Bernas: What's the vertical clearance going to be? Michael Perry: I believe it is about 14 or 14%s feet. Janice Anderson: Okay. Thank you. We'll bring you back up. Donald Horsley: We have two speakers in opposition. Kenny Samtani. Janice Anderson: Please come forward sir. Kenny Samtani: Good afternoon. Janice Anderson: Good afternoon. Please state your name for the record. Kenny Samtani: Kenny Samtani, and I own the adjacent hotel, Sunshine Inn and Suites right behind it. Janice Anderson: Can you point with the pointer. There is a little pointer right on the podium. Kenny Samtani: Is that it? Janice Anderson: Yes. Kenny Samtani: If you could go back to the last picture where there was a pink building and actually an alleyway itself. Yes. I'm that building right there. The pink one, right behind the Viking, this building right here. Kathy Katsias: Oh, it's not attached? Kenny Samtani: No. We are separate property owners. We have two buildings behind it. We use this access, and there are two reasons why we want it still open. One is because of the access for our guests to get to our parking lot, and leave our parking lot; and second, if you do close this alley, what will happen is there will be a lot more congestion in my parking lot to their tenants. Actually, there are three hotels feeding off this alley. That is the gentleman behind me, the Viking and us. So, if we do close it, my guests will actually be hindered a lot more than they usually are because there is an access front 27`h Street, and most probably, they will be going through there to get to Mr. Christie's hotel, as well as mine, and as well as his whatever he does Item #8 Viking Motel Corporation Page 3 build or any of his tenants. So, we will have a lot more congestion than needed because of this closure. Janice Anderson: Are there any questions? Go ahead Jay. Jay Bernas: Could you use the laser pointer and describe how the vehicles move in and out? I see on the 27" Street, it looks like it goes one way. Kenny Samtani: On 27`h Street, it will come in through (pointing to PowerPoint) in right here. This is my parking lot. So people will come in through here that will need to go to Mr. Christie's Parking lot that usually go in, and out of there because Atlantic Avenue is a very heavily traffic based street. So, a lot of his guests and the tenants will to go to the new Viking or whatever they propose to do, will primarily probably use my parking lot, this access to go wherever they need or if they need to leave, they will probably use this access. I have 44 rooms within that, and I have a lot of guests that will just cause a lot of traffic congestion leaving my property, a lot of wear and tear on my lot as well. Janice Anderson: Are there any other questions? Don? Donald Horsley: The 12 foot that he is... Kenny Samtani: It will only go one way. I didn't know that he was proposing 12 feet. When they said that, I was never aware of that. I was only aware that there was a pedestrian. Donald Horsley: Will that help appease what your problems are? Kenny Samtani: It would probably help one-way. Then again, there will be a lot of congestion going back and forth. Donald Horsley: Is there a way they can get out on Pacific? Kenny Samtani: They can get out on Pacific as of now, but then again, you know how people drive and go back and forth. Mainly, people want to go to Atlantic Avenue not Pacific, and people come in from Atlantic Avenue not Pacific to his property, my property and the Viking, as it is. As it is, we have a lot of congestion there right now. Janice Anderson: Okay. Are there any other further questions? Thank you sir. Kenny Samtani: Thank you. Donald Horsley: Mr. Christie? Nicholas Christie: Yes sir. Janice Anderson: Welcome sir. Please state your name. Item #8 Viking Motel Corporation Page 4 Nicholas Christie: Nick Christie. Janice Anderson: Thank you Mr. Christie. Nicholas Christie: I have the Seaside Hotel on 27t` Street since 1967. It is one of the oldest ones. Janice Anderson: Yes sir. Nicholas Christie: My parking lot is up there on 27`x' Street on the very end on the right hand side. I'm sorry I cannot point. Closing the street and making it real short is cutting it half. It hasn't been easy even the way it is. People are parking right there but we managed actually. Right now, the thing is closed. He wants to cut it really in half. I'm sorry. Thank you. Janice Anderson: Thank your Mr. Christie. Are there any questions of Mr. Christie? Go ahead Kathy. Kathy Katsias: I just want to ask now. Your hotel fronts Atlantic Avenue, so you can make a right or a left on Atlantic Avenue. The issue is accessing to Pacific Avenue? Correct? Nicholas Christie: My people park, leave the hotel, and go through 27% Street. Kathy Katsias: To get to Atlantic Avenue. I mean Pacific Avenue. Nicholas Christie: Closing 27%Z Street to go to the parking lot. Any other way would be very difficult right? Kathy Katsias: Parking lot or access to Pacific Avenue. What parking lot are you getting to? Nicholas Christie: My parking lot is at the end of 27 %2 Street. Kathy Katsias: Can you show us? Kenny Samtani: Can I help him? Janice Anderson: Yes please. Kenny Samtani: Let me explain something. His parking lot, and he has satellite parking on 274h Street. His building is on Atlantic Avenue. That is what I was saying. Three of our hotels are feeding on one alley. Kathy Katsias: Okay. Kenny Samtani: As it is, it is very congested. Item #8 Viking Motel Corporation Page 5 Nicholas Christie: If you show the original, I can show you. Kenny Samtani: If you go back. Right there (pointing to PowerPoint). His parking lot is right there on the back side there. Nicholas Christie: And the people go through even the way it is now it's not easy Kenny Samtani: The way it is, and if you notice, he has parking spots there. Sometimes cars park there, which they shouldn't I mean, as it is, we're trying to work with each other, but closing this would just create a congestion nightmare. Janice Anderson: Thank you sir. Nicholas Christie: My hotel is on Atlantic Avenue. Kenny Samtani: Yeah. So, his customers definitely have to get through that alley. Janice Anderson: Go ahead. I thank you sir for your help. Kenny Samtani: Thank you. Ronald Ripley: Can I ask you a question? Kenny Samtani: Yes sir. Ronald Ripley: If the alleyway was well marked as one-way, would that create a pattern that just would be one pattern that went through there. I see what you're talking about, but you got parking spaces in there. Kenny Samtani: They shouldn't be there. That is alley. That is what I'm saying. if we make it one-way, when those cars are there in July and August, when we're in peak season, that is a one way alley to begin with. And, it is just a nightmare. At 2:00 in the morning, I'm not going as an owner to tell them to move their cars. My desk clerks get into it with their desk clerks, and this and that. So, the next morning when I come in, they say we had this problem, that problem, and this problem because a one-way alley would not, I don't think, would solve it. Ronald Ripley: So, you want it two-way is what you're saying? Kenny Samtani: We want it open because again, three hotels are feeding off it. You got 60 or 70 guests on my end, 80 guests on his end, and how many ever the Viking. Whatever establishment they're going to put, they are going to have parking for their customers or their tenants, and this and that. And one thing for me, it will just restrict anybody going. For me, I think my parking lot, the one behind that pink building, will just be torn up with guests trying to get to his hotel, the Viking's new proposed property. It is just a disturbance to anyone of my guests. They shouldn't have to go through that. Item #8 Viking Motel Corporation Page 6 Janice Anderson: Mr. Henley, did you have a question? Al Henley: Yes. I have a question. I am assuming you use dumpsters for your garbage pickup. Kenny Samtani: Yes. That is another issue. I didn't even think of that. If you can go back to that picture one more time? My dumpster is right there (pointing to PowerPoint). Right as I'm pointing to it. Al Henley: Is it one day or two days? Kenny Samtani: Every day. Al Henley: Every day? Kenny Samtani: Everyday in the summer. People like to throw away lot of things every day. Mr. Christie, where is your dumpster for the garbage? His is on the other side. Nicholas Samtani: That is only during the winter. Kenny Samtani: During the winter. Well, mine is every day, and that big truck has to come in and out. As it is, we've had a few issues with it. It is not anything that I'm worried about. Right now, we're living, like he said. We're bearing with it. Things happen. We'll work with each other, but closing that, I think would just become a virtual nightmare come season time. As it is, it is very congested around Atlantic and Pacific during the summer months as you go through. Al Henley: I see also someone has swiped off the areas. It appears to be for parking for some vehicle. Kenny Samtani: (Pointing to PowerPoint). That's the Viking actually painting their own lines. Al Henley: Well, that's going to be my question to staff later on as well. Kenny Samtani: I don't think that should be there, but then again. Al Henley: I'll pose that question to staff_ Kenny Samtani: Thank you all. Are there any other questions? Jay Bernas: I got one. Janice Anderson: Go ahead Jay. Jay Bernas: Right now, it is 20 feet. So, even if the applicant said that he wanted to do the street closure and leave it at 20 feet you would still want it to be like a public street? Item #8 Viking Motel Corporation Page 7 Kenny Samtani: I would think so. That is what it is right now. Jay Bernas: You wouldn't want it to be narrowed? You would want it at a minimum to be 20 feet? You want to keep it a public street? What if he gave you an easement at 20 feet? Kenny Samtani: I would probably have to look at it. Jay Bernas: Like an ingress/egress easement? Kenny Samtani: So, you're saying 20 feet back, but just as long as cars can go two ways. Is that what that means? Jay Bernas: I think part of the reason he has to close the street is because he wants to build this structure over. Kenny Samtani: I understand that. Jay Bernas: So, what I`m trying to get at is the issue, also the fact that, you would want to keep it two ways with the 20 feet? Kenny Samtani: I think it should be two ways for both of us. It is not just me. It is for both of us. There is a lot of traffic that goes between that. It is not just a small little alley where you get one or two cars. That's the whole issue about the whole thing. Al Henley: I'm sorry. I got one more question. Kenny Samtani: Yes sir. Al Henley: How long have you owned this complex? Kenny Samtani: This complex actually I've only owned for five years. Al Henley: And Mr. Christie has owned it since... Nicholas Christie: 1967. Al Henley: Okay. Thank you. Janice Anderson: Are there any other questions? Thank you sir. Thank you very much. Kenny Samtani: Thank you. Nicholas Christie: Are we through? Item #8 Viking Motel Corporation Page 8 Janice Anderson: Yes sir. Thank you Mr. Christie. Mr. Perry? Michael Perry: Thank you. A couple of the items, first the dumpster? They don't go through here now. They go around, and they get the dumpsters coming through the parking lots and from Pacific Avenue. What we're doing here is we are relieving a lot of traffic off of this 27%2 Street. The major traffic needs to be put on 27`h and 28`h Street. It is 20 feet wide now. It is not two- way. The two-way traffic is 22 feet, sometimes 24 feet. The parking that was shown out front, as there will be no parking out front. With the new building, it is a zero setback fine, so that new building will come right up to the property line. What we are providing here is an ingresslegress vehicular access easement for these property owners. Our design would be the way coming off of Atlantic Avenue. Just like the gentleman mentioned, his traffic comes off 27`h Street, goes over to the parking lot that is on the other side of 27%2 Street. They do have access from Pacific Avenue. What we are doing is relieving the problem of congestion on this 27%2 Street. Janice Anderson: Go ahead Jay. Jay Bernas: So, assuming you close it, what width would you be providing for the ingress/egress? Michael Perry: A 20 foot wide. Jay Bernas: So, you would still leave it at.20 feet? Michael Perry: No. I'm sorry, twelve. Jay Bernas: Twelve. Okay. Janice Anderson: Go ahead Kathy. Kathy Katsias: Would you consider a 20 feet wide ingress/egress? Michael Perry: Well, right now it is 20 feet. And, the street closure is one thing that the City has asked us to do. Kathy Katsias: And giving them a permanent easement? Michael Perry: Instead of doing an encroachment, they have decided just to go ahead and close that portion of the street. Again, we could look at the 20 feet but we are proposing to have a 12 foot one-way, which is more than enough for a vehicle to get through there. Janice Anderson: Go ahead. Phil Russo: So, you're proposing a one direction with access at all times? Michael Perry: That is convect. It would be from Atlantic Avenue. Item #8 Viking Motel Corporation Page 9 Phil Russo: Okay. You're anticipating west then? Michael Perry: Yes sir. This would allow the people from the Seaside to be able to check-in, and come out across Atlantic Avenue, and go to their parking lot. Ronald Ripley: Explain how they would use this easement and it would be to their advantage in your mind. The two gentlemen that just came up here, how would you see them using their property on a normal basis? Can you walk us through that? Michael Perry: Yes. Just like I mentioned here, the gentlemen here at Seaside, his people would check-in, and they would have access to the west coming through this easement. Ronald Ripley. Mike, can you go use the pointer? You would mess up the script if you don't. Michael Perry: Seaside right here (pointing to PowerPoint). People check in. They would pull out and go down 27% Street to their parking lot down here or they could go around and down 27`h Street and come across and go into their parking lot here. After they park here, pedestrian access easement right over here to their hotel. This hotel right here, it looks like this is one-way already. So, what they would do, and I'm assuming this is their office right here, when they come out, they still have. I think they would come out this way and then enter their parking lot here, but they would come out and go out on Pacific Avenue, and go around this way or continue on. The access easement benefits Seaside more than this gentleman right here. Ronald Ripley. How would the applicant redevelop their balance of their property on either side from street to street? Is that what that is? Michael Perry: The applicant owns that building right there (pointing to PowerPoint) and this building right there along with that parking lot right there. And what we are proposing to do is take down this building and create one big building along this block with a catwalk that would go over 27%2 Street. And, this in the back, back here would be parking for that building. Ronald Ripley: I don't pretend to understand what he is proposing to do. I saw the picture. I couldn't quite tell what it was. It was a big building. But you're saying they can't go 12 to 20 feet, you don't believe, or you just haven't studied it? Michael Perry: Again, we had provided an 8 foot and the applicant has agreed to go to a 12 foot. To amount for more retail space within that area, he is giving that 12 foot access to accommodate these people with vehicular access, not just pedestrian, but vehicular access. Ronald Ripley: So, those 12 feet is all that he can do? Michael Perry: Again, a 20 foot doesn't give a two-way vehicular access. Ronald Ripley: It is kind of tight. Item #S Viking Motel Corporation Page 10 Michael Perry: It is 22 feet per City Code for a two-way street. Henry Livas: You acknowledged that they are using it two-way right now with a 20 foot. Michael Perry: I believe they are using it as a two-way. I don't know if they are using it for a two-way. Henry Livas: I hear what you said. It doesn't meet City standards, but the building utilizes two - ways. Your proposal it wouldn't even be used two -ways. They would try it. Michael Perry: No, they would not, because we would identify the signage as being one-way. Henry Livas: You're only at 12 foot too. Michael Perry: Right. Janice Anderson: Are there any other questions of Mr. Perry? Al Henley: I have one. Janice Anderson: Go ahead. Al Henley: You're saying that the existing paved portion that is used by vehicle traffic is 22 feet total? Is that correct? Michael Peng: That is per City standard. Al Henley: That is per existing? Michael Perry: No. That is standard code. Existing right now is 20 feet. Al Henley: So, right now it is 20 feet. Michael Perry: And again, this is a street that was developed way back. The plats are very old. A long time ago. Al Henley: Okay. Thank you. Michael Perry: You're welcome. Janice Anderson: Mr. Perry, did you have a chance to talk to those two gentlemen and their facilities with regard to how a traffic pattern will work for them? Michael Perry: Yes I did. I spoke this morning with the owner of the Seaside. He felt that 27%2. Street should not be closed at all. It should be left open completely. Item #8 Viking Motel Corporation Page 11 Janice Anderson: Okay. Michael Perry: That no street closure should exist. Janice Anderson: Thank you. Are there any other questions? Thank you sir. Michael Perry: Thank you. Janice Anderson: I'll go ahead and open it up for discussion. Go ahead Jay. Jay Bernas: Frankly, for these street closures, typically, I mean, a lot of them are unopposed. In cases where obviously the public is using it and it is going to impact adjacent property owners, I don't feel necessarily comfortable closing it. Once it is closed, it is gone. You're never going to see that again. You would negatively impact those properties. So, I feel very uncomfortable. The only thing I would possibly feel comfortable with is if he could get their buy -in in leaving at 20 feet with an easement, because I understand about a closure if they want to build that flyover. Anything other than that, I just don't fee 1 comfortable with. Janice Anderson: Go ahead. Al Henley: These alleyways at the Oceanfront. They are almost like no man's land. Two of the biggest reasons why the City would like to keep those alleyways is one, for fire protection and two, to gain adequate access to those adjoining properties. Any given time, especially during the tourist season, you can go down there, and you see people cutting through that are just trying to make it easier,to get out to avoid backups on Atlantic Avenue and Pacific Avenue. It is very difficult to get two family cars or vehicle meeting on those alleyways. It is just very, very narrow with garbage facilities, people that are illegally parking, or otherwise. And with other debris that is in there, it is very difficult, but I'm feeling somewhat like Jay. Once it is closed it is closed forever. And, I just think that the general public and the adjoiningproperty gain b keeping p pY owners have more to g y eping it open rather than closing it. That is my personal opinion. We all know what the traffic conditions are during the tourist season, and it is difficult at best that to even maneuver these. Believe me, I've been down there in the past years, and during the daylight hours as well. It is extremely hectic where people are making shortcuts, cutting through parking lots, and not to mention alleyways, which create other problems. So, I'm having some difficulty with it myself. Thank you. Janice Anderson: Thank you. Are there any other comments? Go ahead Joe. Joseph Strange: Well, the only comment that I make is kind of agreement with them. Most cases when people want to close a road, nobody is using it. And, so nobody opposes to it because nobody is using it anyhow. I haven't quite understood what is the benefit to the city or anybody else if we are closing this? I see how it benefits him, but I don't hear any kind of case made as to why it benefits anybody but him. You know what I'm trying to say. Other people are opposed to it. This is really pretty difficult for me to find a reason to vote to for it. Item #8 Viking Motel Corporation Page 12 Janice Anderson: Yes Gene. Eugene Crabtree: I've heard the statement the City wants us to close it. What is the City's stand on that? I haven't heard that yet. Faith Christie: The applicant has been in for a year and a half trying to get this resolved. They have gone to the Real Estate division, who does not want to process an encroachment agreement, and has recommended they come forward with a street closure. They have been advised by two city attorneys to come forward with a street closure on this due to the type of development that they are proposing for the site. The development is a two-story building of mixed use retail, restaurant, offices that complies with the Resort Area Design Guidelines, and compliments the 30`h and 31" Street projects. That is why they have come forward to ask to for the closure, so they could build over the alley. Staff would not recommend approval of a street closure for an alley if properties are affected by it that they have no other access to their properties. Both of these properties have access from both Pacific and 280' and 27`h Street to their site. It is a simple 72 foot in length by 20 foot street closure to accommodate a mixed-use building on the two properties that he owns. Eugene Crabtree: So, either they modify their building and build across it, and leave it as it is so that everybody can use it, or the street has to be closed and they do the building the way it is? But other than that, if they modify their building, then they wouldn't be breaking the law by building over 27 % Street anyway. Am I correct? Faith Christie: Well, they're not breaking the law by building over it if you should close the street. If they modify their buildinf, then there will be two free-standing buildings. One is on 28`h and Atlantic, and one is on 27' and Atlantic. Eugene Crabtree: If we recommend not to close the street though, when they build across it, then they would be doing something that was not within the code right? Faith Christie: Well, we wouldn't approve plans for them to build across it. Eugene Crabtree: So they would have to modify their plans for building. Faith Christie: That is correct. Eugene Crabtree: Or the other people would have to modify their businesses, the way they do business, and their tenants. It is one way or the other. Faith Christie: Right. Eugene Crabtree: Okay. Janice Anderson: Go ahead. Item #8 Viking Motel Corporation Page 13 Donald Horsley: Mr. Perry, would you come back? Let's get this thing straightened out. These people got to have access. They want to have the access they have been used to having. Is there any way your client won't allow us to close the street. You give them a permanent 20 foot easement access? Michael Perry: Yes. We would be willing too. Donald Horsley: Then, you got your crosswalk that you want. Isn't that what you want? Michael Perry: That is what we want. Faith has been very helpful. For a year and a half we have gone through this. We have submitted the encroachment agreement to go to City Council, but then, the City Attorney said let's close it. We are willing to go ahead and give the 20 foot ingress/egress access easement. Donald Horsley: Okay. If that be the case, that gives everybody what they want isn't that right, basically, except you lose 4 foot or 8 foot? Michael Perry: Right. Janice Anderson: Okay. With a 20 foot ingress/egress, there is no restriction that it would have to be one-way. It could be both ways is that correct? Donald Horsley: I still think you need to make that one-way for safety. Michael Perry: I think it is still going to be one-way. During site plan review, it will be looked at. Janice Anderson: Okay. Michael Perry: Again, we have an existing catwalk there that is now goes over 27% Street, and that is what is doing is putting in another one. We're cleaning up the issue. Donald Horsley: If we approve the street closure; then you will give these two properties the 20 foot easement? Michael Perry: The 20 foot ingress/egress pedestrian vehicular access. Donald Horsley: Right. Kathy Katsias: Anyone can access it. Michael Perry: Yes. It's a public access. Donald Horsley: I think that is as good as everybody's going to get. Item #8 Viking Motel Corporation Page 14 Janice Anderson: Thank you Mr. Perry. Henry Livas: If they do these alterations or modifications, isn't the City going to come in and say it has to be 22 feet? Janice Anderson: No. Kathy Katsias: Not if it is one way. Henry Livas: We're talking two-way. Kathy Katsias: No. Donald Horsley: We're talking about maintaining what it is now. Joseph Strange: If we're going to make it one-way, why do we need 20 feet? Donald Horsley: I agree. The only thing about one-way, it makes it a little bit safer for one vehicle and pedestrian at the same time. It does make it safer for that. Henry Livas: Just keep in mind that when we talk about two-way and one-way, that 22 feet is required if two cars are going through there at the same time but most of the times that is not going to be the case. I think if you start highlighting the modification and all that, the City is probably going to require the 22 feet. Donald Horsley: Well, they don't have 22 feet right now anyway. The city has only 20 feet easement. Henry Livas: If they use the logic do they have 20 feet now and could they keep it under new construction. That is okay. Generally, municipalities don't use that logic. Donald Horsley: Mr. Whitney, are we hitting anything that looks like it will work? Jack Whitney: I think the closure approval with a 20 foot easement as we discussed would come as close at it is going to get. Janice Anderson: That preserves the right-of-way it does now. Jack Whitney: Yes ma'am. Donald Horsley: Site plan review they will determine if it should be one-way? Two-way? Jack Whitney. We will talk with the Department of Engineering at length about whether or not we really want to see two-way traffic on this. I don't think entering and exiting Atlantic Avenue from this block. Item #8 Viking Motel Corporation Page 15 Donald Horsley: I don't really think that is a good idea anyway. Janice Anderson: Phil? Phil Russo: Wouldn't denial of the two-way access defeat the needs of the other owners? I think what they are saying is that they need both directions. Kathy Katsias: They don't have it now legally. Eugene Crabtree: They really don't have it now. They're doing it, but they don't have it. Kenny Samtani: Those parking spaces that you see there are illegal. They are not supposed to be there. Donald Horsley: We understand that. That is going to go away. But we're going to maintain the 20 foot access whether it is ingress/egress or just ingress. Kenny Samtani: We're also looking at fire trucks and garbage trucks. Donald Horsley: I would think a fire truck would be hard pressed to head up that little alley. He would go around the other way I would think. Kenny Samtani: Ambulance. We get a lot of calls for that. Janice Anderson: There are accesses on the side. Stephen White: Madame Chair? Janice Anderson: Yes. Stephen White: Can I just have Ric Lowman come up for one second and explain the alley function to you? Janice Anderson: Yes. Thank you. Please Ric. Ric Lowman: Hi, for the record, Ric Lowman, Traffic Engineering. We do have a 20 foot alley section that is typical. It is for existing alley, and we require18 feet of pavement in those type alleys. We recognize that if there are any cars or garbage cans that are placed in the alley, two passing cars is going to be difficult. However that is an acceptable section in Public Works Standards and Specifications. It is in the appendix. All those alleys you see down there are 20 feet in width, and that is a typical alley width. So for those type of alleys we do allow 18 feet of pavement for two cars to pass but that assumes there is no parking, no obstructions, no nothing in there, which, as you've driven down many alleys down there, you will see there are cars parked, and there are trash cans, and sometimes there are light poles, the power poles that are placed in these. But to say that it is against the code, I mean it is in there as an approved right-of-way Item #8 Viking Motel Corporation Page 16 section for two-way traffic. So, the pedestrians are going to add another. That is something that we have to talk about, because normally in alleys, I guess you allow pedestrians anyway, but if you're encouraging pedestrian flow through there, but the likelihood of two cars passing in there without one having to stop maybe to wait for the other to pass. That is how it operates now. There are countless alleys at the Oceanfront that operate that way right now. Janice Anderson: So, you don't see any change in use of this closed portion rather than the rest of the street that is not going to be closed just because we're closing it? Ric Lowman: As long as they get those parking spaces out of there. It is disturbing the marked - off parking spaces in the alley where people are encouraged to park. Janice Anderson: That definitely needs to change. Ric Lowman: That needs to change, but if you got 18 feet of unobstructed pavement that should, according to the City Code right now. Janice Anderson: Okay. Thank you for sharing that with us. Ric Lowman: Sure. Janice Anderson: Do I have a motion? Is there any fiuther discussion? Go ahead David. David Redmond: Madame Chairman, I going to abstain from this vote due to a business conflict. Janice Anderson: Thank you. David Redmond: I wonder why I was so quiet. Donald Horsley: I was getting to say the same thing. Janice Anderson: Is there any further discussion or a motion? Eugene Crabtree: I don't know how to word the motion, but I move that we approve this street closure with maintaining a 20 foot easement, removal of the parking spaces for convenience of the other property owners. Janice Anderson: Okay. The 20 foot easement would be for pedestrian and vehicular access? Eugene Crabtree: Yes ma'am. Janice Anderson: Okay. Henry Livas: Is that two-way? Item #8 Viking Motel Corporation Page 17 Eugene Crabtree: It has to be as Mr. Lowman's said. It is an alleyway, and all of the City it is a two-way thing. It is just that one is going to wait for the other one. Henry Livas: Okay. Janice Anderson: Okay. We have a motion by Gene Crabtree and a second by Kathy Katsias. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 ABS Ed Weeden: By a vote of 10-0-1, the application of Viking Motel Corporation has been approved for a street closure with a 20 foot easement and removal of parking spaces. Janice Anderson: Thank you Mr. Perry. I want to thank you gentlemen for coming down. Thank you very much. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving application of Robert R. Martinsen and Dorothy A. Martinsen, for the closure of a unimproved portion of West Virginia Avenue, north of Inverness Road and west of S. Kentucky Avenue. DISTRICT 5 - LYNNHAVEN. MEETING DATE: January 26, 2010 ■ Background: The applicants, Robert and Dorothy Martinsen, request the discontinuance, closure, and abandonment of a portion of an unimproved right-of-way, known as West Virginia Avenue, for the purpose of incorporating it into the adjacent property. ■ Considerations: The applicants own property to the east of the unimproved street, and wish to incorporate the land with their existing condominium development, which is known as "Kentucky Commons, a Condominium." The applicants do have conceptual plans to redevelop the site should the street closure be granted and it is determined the closed area is unencumbered by easements. The applicants own the underlying fee in the subject street. The Viewers reviewed the request and determined that there is no current or future public need for this right-of-way and closure of the right-of-way will not result in any public inconvenience; therefore, they recommend closure of the right-of-way. There was no opposition to this request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council 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. ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS CONDOMINIUM ASSOCIATION Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right -of way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Attachments: Staff Review Disclosure Statement Location Map Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning C mission recommends approval. Submitting Department/Agency: Planning Department City Manager: S k . 15 December 9, 2009 Public Hearing APPLICANT: ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS CONDOMINIUM ASSOCIATION STAFF PLANNER: Karen Prochilo REQUEST: Discontinuance, closure and abandonment of an unimproved portion of West Virginia Avenue ADDRESS / DESCRIPTION: Property located to the north of Inverness Road and west of S. Kentucky Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent property to the LYNNHAVEN 13,500 square feet Less than 65 dB DNL east: 14871268300000 SUMMARY OF REQUEST The applicant requests discontinuance, closure, and abandonment of a portion of an unimproved right-of-way for the purpose of incorporating it into the adjacent property. The applicants own the underlying fee in the subject street. The applicants own property to the east of the unimproved street, and wish to incorporate the land with their existing condominium development, which is known as "Kentucky Commons, a Condominium." The applicants do have conceptual plans to redevelop the site should the street closure be granted and the closed area be unencumbered by easements. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Unimproved right-of-way ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 1 SURROUNDING LAND North: . Portion of unimproved right-of-way / B-2 Community Business USE AND ZONING: District South: . Runaway Bay Apartments / A-18 Apartment District East: . Kentucky Condominium / A-12 Apartment District West: . Runaway Bay Apartments / A-18 Apartment District NATURAL RESOURCE AND This site does not have any known significant cultural, historical, or CULTURAL FEATURES: environmental features. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (PIP): No impacts. WATER and SEWER: There are no water or sewer lines in the area proposed for closure. An all weather access may be required if an easement is required. The developer needs to be advised no encroachments, such as structures, will be permitted within the easement. PRIVATE UTILITES: The applicant must verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The Viewers reviewed the request and determined that there is no current or future public need for this right-of-way and closure of the right-of-way will hot result in any public inconvenience; therefore, they recommend closure of the right-of-way. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 3 AERIAL OF SITE LOCATION ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 4 F P Si "W' 3 Itls"v 8 waw 'Cc g o 4!flf flg� th IA F7 SURVEY OF AREA TO BE CLOSED ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 5 all P Si "W' 3 Itls"v 8 waw 'Cc g o 4!flf flg� th IA F7 SURVEY OF AREA TO BE CLOSED ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 5 1 S S0NVds,VCNr,ee z iaE. i' .t:4' f. a cgz i© xry gdtt#'Sie II1(KY � a4 3� zt ki K� �w S 3 s. .4 GC x � 13 LIZ i— gg 41 ua x C r`��1i iZL KI -.,... i ✓thy �1."v` �� `v♦ 5dl3"]u 838 bVd 0311 YI'l nM k, Ga C3SSVtO(JdXO Hy36 CONCEPTUAL SITE IMPROVEMENTS ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 6 PHOTOGRAPH OF AREA TO BE CLOSED ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 7 1 04/28/98 Rezoning from A-12 & 0-2 to Conditional R -5S Granted 2 05/24/94 Rezoning from A-12 to Conditional R -5S Granted 3 06/10/85 Rezoning from A-1 to Conditional 0-1 Granted 4 06/24/84 Street Closure Granted 5 04/09/84 Street Closure Denied 6 02/24/84 Rezoning from B-2 to Conditional A-2 Granted 7 12/12/81 Rezoning from A-1 to A-2 Withdrawn ZONING HISTORY ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 8 0 V a 0 a v 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) Robert R. Martinsen and Dorothy A. Martinsen 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) 9 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 fist if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. i S ` See next page for footnotes Street closure Application Page 12 of 13 Revised 8112004 ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Warren & Associates, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Or Print Name _ nII i / ��JI' ,, A �/'� ✓' 11 ,� S [' r1 ire (if different than applicant) Print Name Street Closure Application Page 13 of 13 Revised 9/12004 ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN / KENTUCKY COMMONS Agenda Item 15 Page 10 ;�s sssass a � y roo M,clsa.sr 4 41x4 IA_ a2 � If lig: HL 'ovla Arm 1 . j9 vl Fav � 0 El R q FRi V a v1pi N O s w� i R = s w� i Item #15 Robert and Dorothy Martinsen Discontinuance, closure and abandonment of an unimproved Port of West Virginia Avenue District 5 Lynnhaven December 9, 2009 CONSENT Joseph Strange: The next item is agenda item 15. A discontinuance, closure, and abandonment of unimproved portion of West Virginia Avenue, north of Inverness Road and west of S. Kentucky Avenue, District 5, Lynnhaven, with four conditions. Eddie Bourdon: Thank you Mr. Strange. For the record, again, I'm Eddie Bourdon, a Virginia Beach attorney representing Mr. and Mrs. Martinsen and the Kentucky Commons Condominium. We appreciate the street closure application being placed on the consent agenda, and agree with the four recommended conditions. Joseph Strange: Okay. Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Kathy Katsias to review this item. Kathy Katsias: The applicant, Kentucky Common Condominium Association requests a discontinuance, closure and abandonment of a portion of unimproved right-of-way for the purpose of incorporating it into the adjacent property. The applicant owns the underlying fee in the subject street. The applicant also owns east of the unimproved street and wishes to incorporate the land with their existing condominium development, which is known as Kentucky Commons. The applicant also has conceptual plans to redevelop the site should the street closure be granted, and the closed area be unencumbered by easements. Staff recommends approval. We concur with staff; therefore, we have placed it on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chairman, I make a motion to approve agenda item 15. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. Ronald Ripley: Madame Chair? Janice Anderson: Yes. Item #15 Robert and Dorothy Martinsen Page 2 Ronald Ripley: I would like to disclose that I have an ownership interest in property that is near item 15. Janice Anderson: Will you be abstaining from this item? Ronald Ripley: I will not be abstaining. There is no conflict I don't believe. I just wanted to submit it on the record. Janice Anderson: Okay. Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 15 for consent. 1 ORDINANCE APPROVING APPLICATION OF 2 ROBERT R. MARTINSEN AND DOROTHY A. 3 MARTINSEN, FOR THE CLOSURE OF A 4 UNIMPROVED PORTION OF WEST VIRGINIA 5 AVENUE, NORTH OF INVERNESS ROAD AND 6 WEST OF S. KENTUCKY AVENUE 7 8 WHEREAS, Robert R. Martinsen and Dorothy A. Martinsen (the 9 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described street discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said street be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described street be discontinued, closed and vacated, 22 subject to certain conditions being met on or before one (1) year from City Council's 23 adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "WEST VIRGINIA AVENUE MAP BOOK 7 28 PAGE 130 50" RIGHT OF WAY (UNIMPROVED) 29 ADDITIONAL LAND (13,500.00 SQ. FT. / 0.310 ACRES)", 30 shown as the shaded area on that certain plat entitled: 31 "EXHIBIT C KENTUCKY COMMONS, A CONDOMINIUM 32 PHASE 2 VIRGINIA BEACH, VIRGINIA", Scale: 1"=25', 33 dated SEPTEMBER 6, 2006, prepared by Warren & 34 Associates, P.C., a copy of which is attached hereto as 35 Exhibit A. 36 37 GPIN:1487-12-6830 I 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination 44 regarding ownership of the underlying fee. The purchase price to be paid to the City 45 shall be determined according to the "Policy Regarding Purchase of City's Interest in 46 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 47 are available in the Planning Department. 48 49 2. The applicant shall resubdivide the property and vacate internal lot 50 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 51 must be submitted and approved for recordation prior to final street closure approval. 52 53 3. The applicant shall verify that no private utilities exist within the 54 right-of-way proposed for closure. Preliminary comments from the utility companies 55 indicate that there are no private utilities within the right-of-way proposed for closure. If 56 private utilities do exist, the applicant shall provide easements satisfactory to the utility 57 companies. 58 59 4. Closure of the right-of-way shall be contingent upon compliance 60 with the above stated conditions within one (1) year of approval by City Council. If all 61 conditions noted above are not in compliance and the final plat is not approved within 62 one (1) year of the City Council vote to close the street, this approval will be considered 63 null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before January 25, 68 2011, this Ordinance will be deemed null and void without further action by the City 69 Council 70 71 2. If all conditions are met on or before January 25, 2011, the date of 72 final closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the 75 underlying fee, the City Manager or his designee is authorized to execute whatever 76 documents, if any, that may be requested to convey such interest, provided said 77 documents are approved by the City Attorney's Office. 78 79 80 81 82 83 84 85 86 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and ROBERT R. MARTINSEN & DOROTHY A. MARTINSEN, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2010. CA11213 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D012\P007\00038732.DOC R-1 January 12, 2010 APRROVED AS TO CONTENT: Planningpepartment APPROVED AS TO LEGAL SUFFICIENCY: LU City Attorney 3 EXHIBIT "A" mom, 5R $ �6 V N �R z SSS' n:5 n 5R $ �6 V �R -43 - Item V.K.4. PLANNING ITEM # 55328 (Continued) Voting: 8-3 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer, Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None June 13, 2006 -42 - Item V K.4. PLANNING ITEM # 55328 (Continued) Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of LBH, LLC for a Conditional Change of Zoning: APPLICATION OF LBH, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AND AG -2 TO CONDITIONAL R-10 WITH A PD -H2 PLANNED UNIT DEVELOPMENT DISTRICT OVERLAY AND B -IA LIMITED BUSINESS DISTRICT Z06061258 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of LBH, LLC for a Change of Zoning District Classification from AG -1 and AG -2 Agricultural District to Conditional R-10 Residential with a PD -H2 Planned Unit Development District Overlay and B -IA Limited Business District on property located on the west side of Princess Anne Road, approximately 1,950 feet southwest of Sandbridge Road (GPINs 2404809627; 2403698016; 2403886753; 2403890088; 2403798068; 2403793035; 2414014092). The Comprehensive Plan designates this site as part of the Princess Anne Transition Area, suitable for residential uses developed in accordance with the Comprehensive Plan policies for this area. The purpose of this rezoning is to develop a residential neighborhood of mixed unit types and a restaurant. DISTRICT 7 —PRINCESS ANNE The following condition shall be required: 1. Agreements encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two Thousand Six. -41- Item 41- Item i!K.4. PLANNING ITEM # 55328 The following registered in SUPPORT: Attorney R. E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant, and advised "Sherwood Lakes " is a Conditional Rezoning of seven (7) parcels, slightly less than 240 acres of land, none of which is located in the aircraft Noise Zone. The northern property lines adjoin the Highgate Greens and Three Oaks neighborhoods as well as City owned property (Three Oaks Elementary School and a 37 -acre public park is under design). The LBHproperty currently contains two (2) large industrial sign mines or borrow pits. This proposal seeks to redevelop the two hundred forty (240) acres into a unique upscale intergenerational communityfeaturing two (2) recreational lakes and over one hundred twenty (120) acres in size, and more than 55 acres of green space in an open space outside of the lakes, with over 3- miles of multi-purpose trail for public use (including equestrian use). The plan includes dedication to Parks and Recreation of 4.3 acres of land, located at the northeastern corner, which is intended to become a Park. Attorney Bourdon referenced his correspondence of June 9, 2006, which is hereby made a part of the record. Joe Pulley, 4828 Gatwick Drive, Phone: 467-9292, represented the applicant, met with representatives of Virginia Department of Game and Inland Fisheries and conducted water quality tests, which were favorable. Mr. Pulley will continue to work closely with the representatives to ensure a superb fishing and boating public amenity. Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, former member — of the Transition Area Technical Advisory Committee (TATAC). Mr. Hansen expressed appreciation for the recreational facility contained within the project (without cost to the City). The following registered in OPPOSITION: Carolyn Castleberry, 2381 Upper Greens Place, Phone: 427-5924, resident of Highgate Greens. Ms. Castleberry expressed concern relative increased traffic and the safety of children. Bernard J. Byrne, 2728 Esplanade Court, Phone: 430-0571, advised the application was a deliberate effort to circumvent the Transition Area Guidelines. Scott Lovell, 2641 Lower Greens Place, Phone: 427-2429 (Home), 466-9608 (Work), represented the Highgate Greens Home Owners Association, and advised Sherwood Lakes does not meet the Transition Area Guidelines. Melinda Brown, 1867 Malbon Road, Phone: 377-9854, and advised Sherwood Lakes does not meet the Transition Area Guidelines (one developable unit per acre), nor comply with the Comprehensive Plan. The application more than doubles the allowed density in the area. Marilyn Danner, 2601 West Landing Road, Phone: 426-7390, advised of rampant development, without improvement to the roads. Cheryl Adams, 208 McNelly Lane, Phone: 430-8398, resident of Highgate Greens. The application does not comply with zoning density and impacts over -burdened services, such as roads and schools. Laura Sisino 2821 Seaboard Road, Phone: 689-2600. The application does not comply with the Transition Area guidelines. Ms. Sisino distributed petition in OPPOSITION, which is hereby made a part of the record. Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, spoke relative the negative impacts of increased density. The application does not comply with the Transition Area guidelines nor the Comprehensive Plan Kellie Prince, 2808 Country Place, Phone: 689-8124, recently left California because of density. Jonathan Priest, 7335 Shirland Avenue, Phone; 749-0886, represented the Back Bay Restoration Foundation. Sherwood Lakes has serious issues with the interpretation of the Transition Area's Development Plan. June 13, 2006 Item V -K.8. PLANNING Voting: 8-3 Council Members Voting Aye: -52 - ITEM 57775 (Continued) William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- Barbara ay. Barbara M. Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: None June 24, 2008 -51 - Item V K.B. ITEM 57775 PLANNING Attorney R E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Phone: 499- 7143, represented the applicant (Sherwood Lakes) and advised the 2006 proposal had the retail parcel in the northeast corner of the development adjacent to a dedicated City Park. By relocating this retail site to a location in front of the southern lake, a curb cut on Princess Anne Road could be eliminated and a larger park site and open space buffer could be dedicated to the City. The applicant is proposing to relocate the commercial sites (retail and restaurant) such that each will front from Princess Anne Road, but will have vehicular access from the main entrance road to the development rather than on Princess Anne Road. This will allow the entire buffer area adjacent to Princess Anne Road to be dedicated to the City. There is no increase in the acreage. There is more than 100 feet between the berm and the existing right-of-way. Upon motion by Councilman Villanueva, seconded by Councilman Diezel, City Council ADOPTED Ordinance upon application of HOME ASSOCIATES OF VIRGINIA, INC. for a Modification o Pro ers for a request approved by City Council on June 13, 2006 (LBH, L. L. C.). ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF VIRGINIA, INC. FOR A MODIFICATION OF CONDITIONS FORA REQUEST APPROVED BY CITY COUNCIL ON JUNE 13, 2006 (LBH, L. L. C.). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOME ASSOC]ATES OF VIRGINIA, INC. for a Modification of Proffers for a request approved by City Council on June 13, 2006 (LBH, L.L.C.). Property is located on the west side of Princess Anne Road, approximately 1950 feet south of Sandbridge Road (GPINs 2414014092; 2404809627; 2403698016; 2403890019, -890088; - 798068; -3035). DISTRICT 7 —PRINCESS ANNE. The following condition shall be required: 1. An agreement encompassing Modified Proffers shall be recorded with the Clerk of Circuit Court and is hereby made apart of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight June 24, 2008 Modification of Conditions (proffers) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOME ASSOCIATES OF VIRGINIA, INC., Amendment to Sherwood Lakes PD -H Plan, east side of Seaboard Road, approximately 2150 feet north of Golfwatch Lane (GPIN 2403781396). Purpose: replace multi -family dwellings (restricted to age 55 and greater) with townhouse units (not age -restricted). PRINCESS ANNE DISTRICT. MEETING DATE: January 26, 2010 ■ Background: A Conditional Rezoning from AG -1 and AG -2 Agricultural District to R -5S Residential Single Family District (PD -H2 Overlay), R-7.5 Residential District (PD -H2 Overlay), A-12 Apartment District (PD -H2 Overlay), and B -1A Business District was approved by the City Council on June 13, 2006. This Conditional Rezoning was approved with three separate proffer agreements; one for the residential development, one for commercial retail, and one for a restaurant. The applicant requests modification of the several of the proffers that pertain to the age -restricted residential section of the community. ■ Considerations: The applicant's request is to modify Proffers 1, 3, 4, and 5 for the purpose of substituting the currently approved 60 units of age -restricted housing, proposed within five buildings located at the southern edge of the community, with 53 townhome condominium units and one single-family "Manor Home" condominium unit, none of which are proposed as age -restricted. Planning Staff supports age -restricted housing within the Transition Area and City plans and policies reinforce the effort to design with age -restricted housing in mind. The Transition Area Design Guidelines adopted by City Council state: "Active adult communities are encouraged and should be treated differently." The City's 2003 Comprehensive Plan states "the creation of active adult communities is encouraged in the Transition Area. They should employ a development concept where a range of services and activities are carefully planned in order to enhance the general health, safety, enjoyment, and welfare of the residents. Such active adult communities that employ a complete range of services that reduce the need for vehicle trips and city services as well as follow Home Associates of Virginia, Inc. Page 2 of 3 the Transition Area Guidelines may be considered for dwelling densities slightly above the maximum recommended by this plan." The applicant's rationale for the elimination of the age -restricted housing is that there is currently a low demand for the age -restricted unit type proffered for the Transition Area. The applicant, in an attempt to provide an alternative housing type within the current housing market, has requested the elimination of age - restricted housing with unrestricted townhouse development. Staff acknowledges that current market conditions are difficult, and in particular, are increasingly difficult for developers of residential homes at the higher ends of the price range, as are common in the Transition Area. This difficulty, however, does not justify the elimination of one of the more unique aspects of this community — an age - restricted segment within the larger Sherwood Lakes community that helps fulfill City Council's vision of Virginia Beach as a Community for a Lifetime. In summary, Staff finds that removal of the age -restricted component from this development will increase the overall impact of the development in spite of a decrease the density by six units as the applicant argues (60 age -restricted to 54 unrestricted). Staff further finds that the proposed modification is not consistent with the overall inter -generational concept for this community as originally approved, and is not consistent with the recommendations and vision of the Comprehensive Plan. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1, to recommend approval of this request to the City Council as proffered. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency:P,,la))nning Department �� City Manager: Qh (�t1Q-i�t tol—_ Modification of Conditions (proffers) 22 December 9, 2009 Public Hearing APPLICANT / PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Proffers from the Conditional Change of Zoning from AGA and AG -2 to Conditional R -5S (PD- 1 12), R7.5 (PD -H2), A-12 (PD -H2), and B -1A granted by the City Council on June 13, 2006. ADDRESS I DESCRIPTION: Property located on the east side of Seaboard Road approximately 2,150 feet north of Golfwatch Lane. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Mil PRINCESS ANNE 8.497 acres Less than 65 dB DNL 144.0 Modification of Conditions (proffers) 22 December 9, 2009 Public Hearing APPLICANT / PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Proffers from the Conditional Change of Zoning from AGA and AG -2 to Conditional R -5S (PD- 1 12), R7.5 (PD -H2), A-12 (PD -H2), and B -1A granted by the City Council on June 13, 2006. ADDRESS I DESCRIPTION: Property located on the east side of Seaboard Road approximately 2,150 feet north of Golfwatch Lane. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24037813960000 PRINCESS ANNE 8.497 acres Less than 65 dB DNL SUMMARY OF REQUEST The Conditional Rezoning from AGA and AG -2 Agricultural District to R -5S Residential Single Family District (PD -H2 Overlay), R-7.5 Residential District (PD -H2 Overlay), A-12 Apartment District (PD -H2 Overlay), and B -1A Business District was approved by the City Council on June 13, 2006. This Conditional Rezoning was approved with three separate proffer agreements; one for the residential development, one for commercial retail, and one for a restaurant. The applicant's proposed modifications pertain to the residential development section of the nine proffers shown below. Specifically, the request is to substitute the currently approved 60 units of age -restricted housing, proposed within five buildings located at the southern edge of the community, to 53 townhome condominium units and one single-family "Manor Home" condominium unit, none of which are proposed as age -restricted. HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 1 The approved proffers for the residential component of the community consist of the following nine proffers (the proffers relevant to the applicant's requested modification are highlighted in bold type; the remaining proffers are in lighter type): 1. The party of the first part agrees to develop the Property substantially inconformity with the Land Use Plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF SHERWOOD LAKES" (the Plan") prepared by MSA, P.C., dated 07/31/05, which Plan has been exhibited to the City Council and is on file in the Department. 2. The party of the first part shall design and construct all public streets within Sherwood Lakes as depicted on the Plan such that street section, sidewalks, lighting and trails shall substantially conform with the exhibit entitled "DETAILS OF SHERWOOD LAKES" prepared by MSA, P.C.. dated 07/31/05, which Plan has been exhibited to the City Council and is on file in the Department. 3. The Grantor shall record a Master Deed of Protective Covenants, Conditions and Restrictions ("Restriction") governing all of the Property except that which is dedicated to the Grantee. The Restrictions shall be enforced by a Property Owners Association, to which membership by all residential units is mandatory, which will be responsible for maintaining all common areas, including the community owned open space areas, (including both lakes) with pedestrian, multi-purpose trails. The Restrictions shall also require that every occupied residential unit in the section designated "AGE RESTRICTED" on the Plan be occupied, on a full time basis, by at least one (1) adult resident over fifty- five (55) years of age. The Restrictions shall also prohibit persons under twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. The Property Owners Association shall enforce the mandated age restrictions. 4. When developed, the four residential dwelling components depicted on the Plan shall have the architectural features, appearance and quality substantially as depicted on the "Elevations" entitled: (a) "EXECUTIVE HOMES at Sherwood Lakes" dated 7-31-05; (b) "MANOR HOMES at Sherwood Lakes" dated 7-31-05; "COTTAGE HOMES at Sherwood Lakes" dated 7-31-05; and "AGE RESTRICTED HOMES at Sherwood Lakes" dated 7-31-05, which have been exhibited to the City Council and is on file in the Department. 5. The total combination of single family and age restricted multi -family units to be developed on those portions of the Property zoned PDH -2 may not exceed a maximum of 240 units. 6. The Party of the first part agrees that during the detailed site plan review it shall conduct a Traffic Impact Study of the impacts of Sherwood Lakes. The Grantor agrees to substantially complete or bond the required improvements on Princess Anne Road at the entrance to Sherwood Lakes that are called for in the Traffic Impact Study. Said improvements shall be substantially completed or bonded prior to the issuance of the first permanent occupancy permit for residents within Sherwood Lakes. 7. Prior to the Grantee issuing the first building permit for any residential unit, the party of the first part shall contribute the sum of $400.000.00 to Grantee to be utilized by the Grantee for right of way improvements to that section of Princess Anne Road lying south of its intersection with HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 2 Sandbridge Road and north of its intersection with Flanagans Lane. In accordance with Section 15.2-2298 of the Code of Virginia, if the Grantee has no projects for any right-of-way improvements to the designated section of Princess Anne Road in Grantees Capital Improvement Program (C.I.P.) at the time the first building permit is requested, payment of the $400,000.00 contribution shall be deferred until the Grantee includes such a project in its C.I.P. if the funds proffered and paid by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty years (20) 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. 8. When the Property is developed.. the +4.3 acres parcel near the northeast corner of the property designated "CITY PARK DEDICATION" on the Concept Plan shall be given and dedicated to the Grantee. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffers 1, 3, 4, and 5 pertain to the age -restricted portion of the residential development and are requested for modification in order to substitute these age -restricted units for standard townhomes and one single-family dwelling, all of which are unrestricted by age. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Residential development in various stages of development. The age -restricted portion of the site is currently undeveloped. SURROUNDING LAND North: . Proposed single-family dwellings / PD -H2 Planned Unit USE AND ZONING: Development District South: . Rural residential / AG -1 and AG -2 Agricultural Districts East: . Proposed single-family dwellings / PD -H2 Planned Unit Development District West: . Across Seaboard Road, rural -residential / AG -1 and AG -2 Agricultural Districts NATURAL RESOURCE AND This site is currently under development for a residential community. CULTURAL FEATURES: There are mature trees bordering Seaboard Road and the perimeter of adjacent properties, which will remain as part of the proffered plan. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a two-lane minor suburban arterial with a variable -width right of way. The Master Transportation Plan shows a buffered, undivided roadway with a 100 -foot right-of-way and bikeway. There are currently no CIP projects scheduled for this section of Princess Anne Road. HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Three Oaks Elementary Princess Anne 8,000 ADT 13,600 ADT (Level of Existing Land Use — Princess Anne Middle Road (2008) Service "C") 223 ADT, 16 peak hour Kellam High 1,838 1,728 15,000 ADT' (Level of Proposed Land Use 3 - Service "D" / Capacity) 321 ADT, 28 peak hour Average Daily Trips ' as defined by 60 age -restricted adult dwellings ' as defined by 53 townhomes and 1 single-family dwelling A Traffic Impact Study (TIS), which included an estimate of the trips generated by the proposed senior -adult dwelling units, was previously submitted in June 2006 for the original proposed development. This TIS was subsequently approved by Traffic Engineering. A revision to the trip generation table was submitted in August 2009 that included the trips generated by the proposed townhouse units and single-family dwelling. The net increase in trips is relatively minimal, and Traffic Engineering finds no significant issues in regard to traffic with the changes in use proposed. The TIS submitted in 2006 stated that a traffic signal is warranted by the proposed development at the main entrance from Princess Anne Road into Sherwood Lakes. These warrants are unaffected by the changes in use, and the planned traffic signal should still be installed. The traffic signal bond amount required to be posted for this development is similarly unaffected by this change. WATER: The site is connected to the City water system. SEWER: This site is connected to the City sewer system. PARKS and RECREATION: This revision will result in a net loss of 2 acres of land-based open space; however, the overall development still exceeds the amount of open space that is required by Section 1127 of the Zoning Ordinance. The trail connection on the north side of the single-family manor lot needs to be coordinated with the remainder of the development. If this proposal is developed, it is recommended that the open space and trail be relocated to the front of the single-family manor lot. The playground equipment should meet current safety standards. The playground should be ADA accessible and meet ASTM Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. Parks and Recreation can provide design guidance and assistance to the developer if the playground site is developed. The playground is not for public use and will be owned and maintained by the Condo Association. SCHOOLS: School Current Enrollment Capacity Generation' Change 2 Three Oaks Elementary 703 759 6 +6 Princess Anne Middle 1,398 1,225 3 +3 Kellam High 1,838 1,728 4 +4 HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 4 "generation" represents the number of students that the development will add to the school 2 change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION Recommendation: Staff recommends denial of this request. Comprehensive Plan: The Transition Area is a designated area south of the Green Line which lies between the suburban and rural areas of the City. Low-density residential development meeting specific standards for high-quality, including extensive open space and recreational amenities, is possible within this area. Evaluation: The review and eventual approval of the original zoning change for this development was debatable. The Planning Department, in fact, did not recommend favorably for the rezoning request, primarily due to the finding that the number of units was in excess of the Comprehensive Plan's recommendations. The policies for the Transition Area allow for a dwelling unit density of up to one unit per developable acre if the proposed project meets specific standards established for development in the Transition Area. Staff argued that the borrow pits (now lakes) are not 'developable' as intended by the Comprehensive Plan. The applicant, however, argued that the lakes should be considered developable, and thus the number of units for the community includes the total site acreage rather than just the developable land acreage. Staff concluded that the proposed density was far in excess of what the Comprehensive Plan recommended. The development included a section of age -restricted housing, which has lower traffic and service impacts than housing that is not age -restricted. Staff has, in the past, viewed such development as being equivalent to half of an unrestricted unit in regard to density. At the time of the Planning Commission hearing for that original proposal, a question was asked about reducing the total number of dwelling units for the development. The applicant indicated that if the project was to reduce any dwelling units, it would be from the cottage homes," ...and we would keep the age - restricted portion of the community". Planning Staff supports age -restricted housing within the Transition area and City plans and policies reinforce the effort to design with age -restricted housing in mind. The Transition Area Design Guidelines adopted by City Council state: "Active adult communities are encouraged and should be treated differently." The City's 2003 Comprehensive Plan states "the creation of active adult communities is encouraged in the Transition Area. They should employ a development concept where a range of services and activities are carefully planned in order to enhance the general health, safety, enjoyment, and welfare of the residents. Such active adult communities that employ a complete range of services that reduce the need for vehicle trips and city services as well as follow the Transition Area Guidelines may be considered for dwelling densities slightly above the maximum recommended by this plan." HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 5 The applicant's rationale for this modification is a currently low demand for the age restricted unit type proffered for the Transition Area. The applicant, in an attempt to provide an alternative housing type within the current housing market, has requested the elimination of age -restricted housing with unrestricted townhouse development. Staff acknowledges that current market conditions are difficult, and in particular, are increasingly difficult for developers of residential homes at the higher ends of the price range, as are common in the Transition Area. This difficulty, however, does not justify the elimination of one of the more unique aspects of this community — an age -restricted community within the larger community that helps fulfill City Council's vision of Virginia Beach as a Community for a Lifetime. In summary, Staff finds that removal of the age -restricted component from this development will increase the overall impact of the development in spite of a decrease the density by six units as the applicant argues (60 age -restricted to 54 unrestricted). Staff further finds that the proposed modification is not consistent with the overall inter -generational concept for this community as originally approved, and is not consistent with the recommendations and vision of the Comprehensive Plan. This request should be denied. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer numbered 1 in the 2006 Residential Proffers, as affirmed in Proffer numbered 13 of the 2008 First Amendment to Proffers is hereby modified to provide that when the Grantor develops Parcel 'A -A', which is a portion of the property designated "AGE RESTRICTED" as depicted on the "Conceptual Site Layout Plan of Sherwood Lakes" (the "Plan") prepared by MSA, P.C. dated 07/31/05, it shall be developed substantially in conformity with the plan entitled "Conceptual Development Plan for Parcel 'A -A' of Sherwood Lakes" (the "Parcel 'A -A' Plan") dated July 21, 2009, prepared by Land Planning Solutions, which Parcel 'A -A' Plan has been exhibited to the City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: Proffer numbered 3 in the 2006 Residential Proffers, as affirmed in Proffer numbered 13 of the 2008 First Amendment to Proffers is hereby deleted. PROFFER 3: Proffer numbered 4 in the 2006 Residential Proffers, as affirmed in Proffer numbered 13 of the 2008 First Amendment to Proffers is hereby modified and restated as follows: When developed, the four (4) residential dwelling components depicted on the Plan shall have the architectural features, appearance and quality substantially as depicted on the "Elevations" entitled: (a) "EXECUTIVE HOMES at Sherwood Lakes" dated 7-31-05; (b) "MANOR HOMES at Sherwood Lakes" dated 7-31-05; "COTTAGE HOMES at Sherwood Lakes" dated 7-31-05; and "TOWNHOUSE CONDOMINIUMS at Sherwood Lakes" dated July 23, 2009, which have been exhibited to the City Council and is on file in the Department. HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 6 PROFFER 4: Proffer numbered 5 in the 2006 Residential Proffers, as affirmed in Proffer numbered 13 of the 2008 First Amendment to Proffers is hereby modified and restated as follows: When developed, the total number of residential units upon Parcel 'A -A' shall not exceed a maximum of 54 units and a total number of residential units on the Property zoned PDH -2 may not exceed 234 units. PROFFER 5: Except as expressly modified herein, the remaining Proffered Covenants, Restrictions and Conditions contained in the 2006 Residential Proffers, and the 2008 First Amendment to Proffers are reaffirmed and remain in full force and effect. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan and /or Subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are not acceptable as they provide for a development that staff finds is not consistent with the Comprehensive Plan. The City Attorney's Office has reviewed the proffer agreement dated July 27, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. 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. HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 7 AERIAL OF SITE LOCATION HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 8 PROPOSED SITE PLAN HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 9 hil 12 c E th CL PROPOSED SITE PLAN HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 9 Y PROPOSED ENLARGED SITE PLAN HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 10 'O t0 ' C X61 EQ O �•.. c c +. E .r L � � O z�� O � C .0 C •� Z Q PROPOSED ENLARGED SITE PLAN HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 10 r^' PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 11 1 06/24/08 Modification of Proffers Granted 06/13/06 Conditional Rezoning AG -1 /AG -2 to R-10 with a PDH -2 Overlay & B-1 A Granted 04 Conditional Use Permit for Borrow Pit Granted 2 09/27/05 Conditional Use Permit for Borrow Pit Granted 3 06/09/98 Subdivision Variance Granted 4 07/08/97 Conditional Use Permit for Recreational Facility (golf) Granted 5 04/25/06 Subdivision Variance Granted 6 09/27/05 Conditional Use Permit for Borrow Pit Granted 7 04/25/00 Conditional Use Permit for Borrow Pit Granted HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 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? Amendment to PDH Plan Application Page 11of 12 Revised:7/iW z HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 13 DISCLOSURE STATEMENT IF - 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) Land Planning Solutions Edward Bourdon MSA, P.0 ' "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. P "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. All Applicant's i9 Property Owner's Signature (if different than applicant) Robert L. Prodan, II, President Print Name Print Name Amendment to PDH Plan Application Page 12 of 12 Revised: 7/3107 HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 22 Page 14 Item #22 Home Associates of Virginia, Inc. Amendment to the Sherwood Lakes PD -H Plan East side of Seaboard Road District 7 Princess Anne December 9, 2009 REGULAR Donald Horsley: The next item to be heard is item 22, Home Associates of Virginia, Amendment to Sherwood Lake PD -H Plan on property located on the east side of Seaboard Road, approximately 2,150 feet north of Golfwatch Lane, District 7, Princess Anne. Eddie Bourdon: I'm here to impose my stuff on you all one more time. Again, for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing Home Associates of Virginia, Inc. Mr. Arnhold is here this afternoon. I may have to call on him if you ask me any tough questions. I've had the privilege of representing this application back a few years ago, and it certainly, and when I go and take a look at it, and I have been out there. When you do what I do, sometimes you are not generally happy with what people have done you've represented but it is pretty impressive. I think by any definition and considering what it was before a couple of borrow pits, it certainly a beautiful community that is developing out there, and I think it is going to be a real jewel for the city, and for the people who live in and around that community for years to come. The Sherwood Lakes I'm talking about obviously. The proffers that were originally submitted with this application required traffic impact studies to be done. They were all done. My client made significant improvements to Princess Anne Road, right-of-way on improvements to Princess Anne Road, you know, park site to add to adjacent properties that the city owned to the north, as well as extensive transitionary buffers along Princess Anne Road. The issue that I guess that concerned the city to begin with from staff's standpoint and is kind of still hanging them up is whether these old borrow pits could have been filled and counted as acreage and thus being part of the one unit per acre equation. This Commission and not all of you were on the Commission at the time, as well as City Council at the time decided that issue. Unfortunately that issue is still present with us in the write up that is here today. But the reality of it is that the residential portion of this development totals 234 acres of land, and as modified as the proposed modifications before you, it will have a total of 234 total units or one unit per acre. What the application involves and what you are all aware is a modification with regard to 60 of the units that were originally proposed and approved that were to be age restricted. The units were at the southwest corner of the original plan. We have proposed to modify that to eliminate the age restricted component and to develop these townhomes residences that are real traditional as the rest of the development is, with the garages coming off of alleys, and with the fronts of the dwellings facing open space. In many cases, the lakes, and other cases, it is park lands, and that is what we have here. Our park lands and there will be 53 of these units that are proposed as well as one additional banner home which will be part of the adjacent manor home of the condominium. This is the proposal that represents a six unit reduction in the number of residential units but they are not age restricted, open space and park land that these units front upon, which again is consistent with the entire theme of the Sherwood Lakes community. The Item #22 Home Associates of Virginia, Inc. Page 2 elevations and the layout were all, and my client has met with staff and went over all of this. There was, again I understand the opposition and the basis for it but as far as the layout and the appearance and the architecture of the units, I don't think there is any staff assertion that these are unattractive or they are not consistent with the Sherwood Lakes community and the type of architecture that is present there. So, with that, we would also point out that 234 acres of property, 234 units and this is improved, one unit per acre. Not one fraction more than that, 175 acres of those areas are open space both green space and park lands, as well as the recreational amenities and visual amenities, which are the lakes themselves. In the future it will be the poster child for what the Transition Area, one of those great developments that we created with those regulations, the Transition Area. That is pretty much I'll say other than if you have any questions, I'll be happy to answer to them. The proffers that you have are while staff says they are not acceptable from their standpoint because they are opposed to changing the age restricted to non age restricted. They meet all the legal requirements. They address all the issues we are seeking to address with this modification. I think the Commission is of mind to approve them as we requested. Janice Anderson: Thank you. Are there any questions of Eddie? Go ahead Ron. Ronald Ripley: Eddie, the concern that we heard and it is in the write up here is the age restricted portion. Can you speak to this as to why you want to justify that and what the reasoning is? Tell us more about it. Eddie Bourdon: I'll .be happy to Mr. Ripley. My clients are the experts. I've heard it from other sources as well but the age restricted communities. I guess one way to put it is that the Villages at West Neck have pretty much saturated, pulled all of the age restricted market that there is to pull. They are having difficulty in selling and reselling units there. The reality of it is that there is not a market at this juncture and there doesn't appear to be likely to be one for an age restricted community. They are not a good idea in general but as far as that particular development with the amenities that it has for seniors, and for some of those that haven't been built with regard to that development that's pulled the market. There aren't any services within this community for seniors. You got to come and you got to go just like in any other community so there are no doctors. There is no hospital. There aren't services for seniors in this community. In talking to the marketing people, and going through and looking at the other projects and what they're sales experiences have been and especially lately, the applicant's determination was they are not going to be sellable. To build something and have it sit there empty and have it not be sellable is problematic. I know personally from having to talk to many times and having the privilege of representing him, Don Moore did an age restricted community right up here across from Three Oaks on Princess Anne Road many, many years ago, and is a beautiful, beautiful community but it has had extremely difficulty selling the units. And, it is a beautiful community. It is truly a beautiful community. So, the reality of it is the market place isn't there for these units, and that's the motivation. When you look at the traffic and if we could sell them, we don't. That's the long and short of it. It is not diminishing the value of the units in terms of economic values or tax base. None of that is occurring. As the Traffic Impact Study we r provided shows that the traffic impact in differences is really ominous, based on our view it is. Item #22 Home Associates of Virginia, Inc. Page 3 Janice Anderson: Okay. Are there any further questions? Go ahead Henry. Henry Livas: How long was this done where you agreed to the 60 age related structures? Was that about 2 or 3 years ago? Eddie Bourdon: You know time flies. Was it 2005? I want to say that. Eugene Crabtree: It's been about four years. Karen Prochilo: 2006. Eddie Bourdon: 2006. Thank you Karen. Henry Livas: The reason why I wanted to know this is in four years you're saying the market has changed, which is possible. What is to say that the market is not going to go back in another 2 or 4 years, and I would suggest what you would use 30 age restricted, and still keep some in the project, and that may satisfy staff. Eddie Bourdon: Mr. Livas. I perceive two different questions there. I'll deal with the first one. I think it is probably the market change but I think it is also having the ability to see what the results have been because at the time this was approved, the Villages at West Neck and some of the other age restricted were just coming online, so it is both the market change and actually having the ability to observe how the market has reacted. So, it is not just the economy. If it was just the economy then I think we would be in somewhat of an agreement but there is more to it than just the economy. It is not just the market as a whole for that type of product here to the magnitude that we have seen the product come on line. With regard to the second part of your question as far as trying to do some limited portion of it. Part of the attraction of an age restricted community is that you have units that are within themselves that are age restricted. You don't have children. You don't have, I guess some older people don't want to be necessarily in communities where there are children. To take this type of 53 units and say these "X" are age restricted and these "Y" are not. In terms, at least in the past on all of the ones that I've been familiar with, and actually have seen a few outside of this area, it seems to me to be not to fit the mold in terms if you're saying within one street these units are age restricted and these next door aren't. I'm not really sure what we're accomplishing from a standpoint of creating that type of special community that doesn't have children in it. That's Mr. Arnhold's call to make but I don't really see in this scenario where that is serving the purpose of that type of community as I understand that purpose to have a community where there are not children residing there on a 365 day basis. You can segregate it out, and I guess have one section of the community that was gated, like it was in the original plan. It was totally separate from the rest of the neighborhood. It wouldn't be a part of it but it was a different type of unit in a different location that was segregated from the rest so it would have its own feel of being a 55 and older community. I don't think this product in this configuration lends itself to that type of a bifurcation, I guess. Janice Anderson: Are there any other questions of Eddie? Go ahead. Item #22 Home Associates of Virginia, Inc. Page 4 Ronald Ripley: The Village of West Neck was a 100 percent restricted? Eddie Bourdon: Yes. Ronald Ripley: Is that right? Eddie Bourdon: That is correct. Eugene Crabtree: One section of it is isn't it? Eddie Bourdon: No. The Village of West Neck all of it is. It does have roadway interconnectivity to Indian River Plantation, which is not age restricted but the Village of West Neck, which I can't remember the number of units but its hundreds of units. That is all age restricted around the golf course. Eugene Crabtree: Okay. Janice Anderson: Okay. Thank you. Donald Horsley: Robert Hennessy. Janice Anderson: Welcome sir. Robert Hennessy: Thank you. Good afternoon Madame Chair. Mr. Crabtree? Good day. IT is good to see you again. Thank you for your service to our city and to our country prior service. 1 appreciate that sir. Eugene Crabtree: Thank you. Janice Anderson: Your name for the record Mr. Hennessy. Robert Hennessy: For the record, my name is Robert Hennessy. I represent the Heron Ridge Estates Homeowners Association. There are 110 homeowners in our neighborhood. And, basically we would like to go on record as opposing this development. We built in our houses in the Transition Area because we believed in the promise of the Comprehensive Plan, and we believe this violates the guidelines of the Comprehensive Plan. And, I understand the economic situation at this time. I understand they are trying to make some money. It might not be as big of a development but it sets a bad precedence to violate the guidelines because at this time it is not good for us. It is not a good economy. It is not a good reason to violate the intent of the Comprehensive Plan the promise that it was made. I looked at this, and I haven't seen the write up on this plan until today. I do see something. I think that eventually if you set this bad precedence it is going to happen again and again. We are going to overwhelm the infrastructure and the plan that we have with the Comprehensive Plan. I think the schools are going to be overwhelmed. Princess Ann Middle is an old school, and it is overcrowded. Kellam is a very old school and is overcrowded. They did a traffic impact plan about Princess Anne Road but not Item #22 Home Associates of Virginia, Inc. Page 5 Seaboard Road, which is going to be impacted by this development as well. I guess that sums are concerns. We think eventually it is going to impact our way of life, our traffic, our schools, and our value of our homes. We think we're in compliance, and we bought here because we're in compliance with the Comprehensive Plan. We don't think this rezoning is. Their original application is zoned from Agricultural to build single family homes was denied. They made promises to get approval and that was that age exception, and now they are given up that age exception, and going even more dense with the number of houses on the property the number of dwellings. That is all that I have for you. I thank you for your time and your consideration. Janice Anderson: Thank you for coming. Are there any questions of Mr. Hennessy? Go ahead David. David Redmond: Can I just say Mr. Hennessy that I've seen you sit in that uniform all day long, and I appreciate that fact that you have been patient for this time. Thank you. Robert Hennessy: Thank you. Janice Anderson: Mr. Bourdon? Eddie Bourdon: I'll look forward to having the opportunity to meet Mr. Hennessy and speak to him when the hearing is over. Because when this development was approved, and some of the facts are not. I don't know if Mr. Hennessy lived in Heron Ridge at the time or not but the Heron Ridge community, actually their community association they supported this rezoning when it was approved. The staff objected for the same reason they objected today because of the, at least as I understand it. Let me back up? One of the reasons is because the counting of borrow pits as area, which was the primary reason for the position of staff before, and I think it is still a bedrock reason today. I don't think it has been settled as I said earlier. The Heron Ridge community who I met with and met with before didn't have any objection whatsoever to this community, and if we can meet with them again. I am not sure this would be the case today either but maybe there are changes that have occurred there. The statement that this will affect Seaboard Road, I think may be borne by some belief there is some element of access to Seaboard Road with this community which there is not. So, I'm not of the mind, and I don't think anyone is of the mind that this change that is before you today will have any impact on Seaboard Road. I don't perceive how that could be when it impact on Princess Anne Road, which is the only means of accessing this development. It is like you see it in the write up of staff and our Traffic Impact Study. IT is truly dementias. We will be happy to talk with Mr. Hennessy and even happy to even meet with Heron Ridge who as I said there were significant support when we through the first time back in 2006. Janice Anderson: Thank you Mr. Bourdon. Are there any questions of Eddie right now? Thank you. Ric, if I could just ask you a question? Mr. Hennessy brought up the issue about increase traffic due to the switch out. The staff report says that the Traffic Impact Study has been reconsidered with this change, and it doesn't seem like it would be a big impact according to the study? Item #22 Home Associates of Virginia, Inc. Page 6 Ric Lowman: No. and the numbers are in the report. The difference is going to be the teens, in the peak hours, and not much more for the total daily. They are reducing the number of units but they are decreasing the senior housing. There are less daily trips coming and going. Janice Anderson: Okay. So the staff has looked at that issue? Ric Lowman: Yes. Their conclusions and their findings of their Traffic Impact Study are still planning with the eventual build out. The ultimate build out is a traffic signal there at the entrance. Janice Anderson: Okay. So, it wouldn't be any change to the requirements you already got them. Ric Lowman: No ma'am. Janice Anderson: Okay. Thank you. Are there any other questions? Okay. Thank you. I'll open it up for discussion. Eugene Crabtree: I'll go ahead up and start it if you don't mind? Janice Anderson: Okay. Gene? Eugene Crabtree: I see this as a basically for what we approved and City Council approved back in 2006. It is there. It has been done. It is gone. Anything that refers to anything that we did then should not, I feel like we shouldn't be considering today because today we're merely considering changing the numbers in a senior, what was a senior complex to a complex that the applicant would like to remove the age restriction. He has lowered the density. Ric just said that it wasn't going to have any impact really on the schools or on the traffic. Most senior housing that we have today in West Neck is one of them. I know a few people who live on there, a lot of these people buy there, and when they buy there for some reason or another something happens within the family. And there are children, grandchildren move back in. Some of them come back in as caregivers, and once someone comes back into a senior community as a caregiver, we do as children it is no longer a senior community, and this is happening time after time in senior communities these days. Therefore, I do not see making this a senior community is any advantage at all, and the density will be lowered. It will enable the applicant to sell, which this is one of the few projects, and one of the few developments that's been sold. You don't many houses being built and then sit empty. Therefore, from my standpoint of view, our only issue is do we approve this lower density and remove the age restriction or do we leave it the way it is, or do it with an age restriction? My personal feeling is that we have already gone through all of this other. Let's look at the application based on its merits today, and I'm in favor of approving it as submitted. Janice Anderson: Thank you Gene. Are there other comments? Go ahead Ron. Ronald Ripley I was on the Commission when this approved the first along with a number of folks here. The issue then, and the issue now it seems to be whether the water is open space and Item #22 Home Associates of Virginia, Inc. Page 7 does that count? The calculation in the Transition zone while one unit per acre, and you look at the plan. It has the setbacks. It has the one unit per acre and it meets. When I look at water I think and I drive my little boat in Lynnhaven, and I look around and I see open space and I enjoy it. It is incredible. I can't walk on the water but I'm out there and I`m enjoying it. When you go to eat down at Lynnhaven at Bubba's or whatever and you sit there and you're enjoying it, you can't walk out there but you are certainly enjoying it. It's the same thing if you're at the Village of West Neck, which they use a golf course. You may not play golf and you're not allowed to be on the golf course unless you're aiming to play but if you lived on the course you can look out there and enjoy it. It's the open space. So, you kind of have to get your mind wrapped around where there this is open space or not open space, and I came down on that side when it was first approved. I looked at this again, and I'm still there. I see it as open space. I think these commercial spots he has here eventually they could have restaurants on them overlooking the water. I think people would enjoy just like they do in Lynnhaven. So, I think the land, and I understand the senior's market is not performing and you can't make it happen. You need to make an adjustment to your plan. Sometimes that is what you got to do. That is what the applicant is asking to do, and I think what he is proposing is compatible with what he is doing. Whether you like it or not it is compatible. I'm inclined to favor it too for those reasons. Janice Anderson: thank you Ron. Go ahead Joe. Joseph Strange; I'm disappointed to hear that Ron can't walk on water but. Ronald Ripley: That's another day. Joseph Strange: I have other expectations. But other than that, I do agree with his statement, .I do agree with Gene. If Gene wants to make a motion, I'll be glad to second it. Janice Anderson: Okay. DO I have a motion? Eugene Crabtree: Yes ma'am. I will make the motion that we approve the application as submitted. Janice Anderson: A motion to approve by Gene Crabtree. Joseph Strange: I'll second it. Janice Anderson: A second by Joe Strange. AYE 10 NAY 1 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY NAY 4. HORSLEY AYE Item #22 Home Associates of Virginia, Inc. Page 8 KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-1, the application of Home Associates of Virginia, Inc. has been approved. Eugene Crabtree: By the way Ron, only Navy Chiefs, Senior Chiefs and Master Chiefs walk on water. Janice Anderson: Is there any further business? The meeting is adjourned. MW In Reply Refer To Our File No. DF -7587 TO: Mark D. Stiles FROM: B. Kay Wilson* CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 14, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 26, 2010. 1 have reviewed the subject proffer agreement, dated July 27, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. B KW/ka Enclosure cc: Kathleen Hassen ✓ SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of July, 20o9, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 8.497 acres, which is designated Parcel 'A -X and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Parcel `A -A'"); and WHEREAS, the Grantor has initiated a modification to the conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions applicable to a portion of the property within the PDH - 2 with underlying R-io Zoning District; and -GPIN: 2403-78-1396 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fi8h Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor has requested the Grantee to permit this modification of the following two (2) previously Proffered Covenants, Restrictions and Conditions: (a) The Proffer Agreement dated July 31, 2005 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #20060621000928840 (hereinafter "2006 Residential Proffers"); and (b) The First Amendment to Proffered Covenants, Restrictions and Conditions dated February 8, 2008 recorded in the afore referenced Clerk's Office as Instrument #200806300007673io (hereinafter "2oo8 First Amendment to Proffers"), to reflect changes to one of the four residential dwelling components depicted on the previously proffered "CONCEPTUAL SITE LAYOUT PLANT OF SHERWOOD LAKES"; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of Parcel `A -A' and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Parcel `A -A' for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to Parcel "A", the following reasonable conditions related to the physical development, operation, and use of Parcel `A -A' to be adopted as a part of said amendment to the Zoning Map relative and applicable to Parcel `A -A', which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or -quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of Parcel `A -A' and hereby covenants and agrees that this declaration shall constitute covenants running with Parcel `A -A', which shall be binding upon Parcel `A -A' and upon all parties and persons OA claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 1 in the 2006 Residential Proffers, as affirmed in Proffer numbered 13 of the 2oo8 First Amendment to Proffers is hereby modified to provide that when the Grantor develops Parcel `A -A', which is a portion of the property designated "AGE RESTRICTED" as depicted on the "Conceptual Site Layout Plan of Sherwood Lakes" (the "Plan") prepared by MSA, P.C. dated 07/31/05, it shall be developed substantially in conformity with the plan entitled "Conceptual Development Plan For Parcel `A -A' of Sherwood Lakes" (the "Parcel `A -A' Plan") dated July 21, 2009, prepared by Land Planning Solutions, which Parcel `A -A' Plan has been exhibited to the City Council and is on file with the Virginia Beach Department of Planning. 2. Proffer numbered 3 in the 2oo6 Residential Proffers as affirmed in Proffer numbered 13 of the 2oo8 First Amendment to Proffers is hereby deleted. 3. Proffer numbered 4 in the 2006 Residential Proffers, as affirmed in Proffer numbered 13 of the 20o8 First Amendment to Proffers is hereby modified and restated as follows: When developed, the four (4) residential dwelling components depicted on the Plan shall have the architectural features, appearance and quality substantially as depicted on the "Elevations" entitled: (a) "EXECUTIVE HOMES at Sherwood Lakes" dated 7-31-05; (b) "MANOR HOMES at Sherwood Lakes" dated 7-31-05; (c) "COTTAGE HOMES at Sherwood Lakes" dated 7-31-05; and (d) "TOWNHOUSE CONDOMINIUMS at Sherwood Lakes" dated July 23, 2009, which have been exhibited to the City Council and is on file in the Department of Planning. 4. Proffer number 5 in the 2oo6 Residential Proffers, as affirmed in Proffer numbered 13 of the 2oo8 Fist Amendment to Proffers is hereby modified and restated as follows: When developed, the total number of residential units upon Parcel `A -A' shall not exceed a maximum of 54 units and the total number of residential units on the Property zoned PDH -2 may not exceed 234 units. 3 5. Except as expressly modified herein, the remaining Proffered Covenants, Restrictions and Conditions contained in the 2006 Residential Proffers and the 2008 First Amendment to Proffers are reaffirmed and remain in full force and effect. 6. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the PDH -2 and R-io Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 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 Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with 4 such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this %3 Pt of July, Zoog, by James M. Arnhold, Chairman of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. `� Notary is My Commission Expires:ads _ FE'S o2 o Notary Registration No.: 3 .2 .3 7-! 7 BETTY L. JENKINS NOTARY PUBLIC Commonwealth of Virginia Reg. #323757 My Commission Expires Feb. 28, 2011 M EXHIBIT "A" LEGAL DESCRIPTION PARCEL `A -A' GPIN: 2403-78-1396 All that certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel `A -A', as shown on that certain plat entitled, "SUBDIVISION OF SHERWOOD LAKES, PHASE 1, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #2oo8o7i800084487o. GPIN: 2403-78-1396 7 METES AND BOUNDS DESCRIPTION PARCEL `A A' GPIN: 2403-78-1396 Beginning at a point on the eastern right of way line of Seaboard Road, a thirty foot public right of way, at the dividing line of Parcel `A A' and Parcel `C -C'; thence departing said right of way S 67° 10' 25" E, a distance of 1,040.67' to a point; thence S 22° 51' 43" W, a distance of 114.01' to a point; thence S 67° o8'17" E, a distance of 151.00' to a point; thence S 73° 55' 32" E, a distance of 62.70' to a concrete monument; thence S 28° 24' 32" W, a distance of 110.81' to a concrete monument; thence N 87° 26' 34" W, a distance of 298.08' to an iron pin; thence N 87° 04' 31" W, a distance of 520.23' to an iron pin; thence N 170 14'02"W, a distance of 481.71' to an iron pin; thence S 780 46'34"W, a distance of 100.15' to an iron pin, said pin located along the eastern right of way line of Seaboard Road; thence along a curve to the right having a radius of 1786.92', an arc length of 98.29' and a delta angle of 030 09' 06", to an iron pin; thence along a curve to the right having a radius of 647.44', an are length of 102.57' and a delta angle of 090 04' 35" to the point of beginning. Said parcel contains 370,141 square feet or 8.497 acres. ModificationofProffers/HomeAssociatesotVu&lia_2009/Sherwoodl akeS/2ndAmendmentProffer Nu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: IGLESIA CRISTIANA RIOS DE AGUA VIVA / PLEASANT VALLEY ASSOC., L.L.C., Conditional Use Permit, religious use, 4221 Pleasant Valley Road, Suite 125. CENTERVILLE DISTRICT. MEETING DATE: January 26, 2010 ■ Background: The applicant requests a Conditional Use Permit to operate a religious facility within a unit of an existing shopping center. ■ Considerations: The applicant intends to hold religious services on Sunday, from 9:00 a.m. to 12:00 noon and from 6:00 p.m. to 9:00 p.m. Monday through Friday services are held from 7:30 p.m. to 9:30 p.m. Occasionally, prayer meetings or choir rehearsals are held on Saturday at varying times of day. The church membership ranges from 50 to 90 members. The submitted site plan indicates there are 487 parking spaces on the site. The Zoning Ordinance requires 18 parking spaces for a church with 90 seats. The site plan depicts 487 spaces in the shopping center parking lot. Based on the fact the proposed church has peak operational hours different from traditional business hours, staff finds that the 487 parking spaces located on-site are sufficient for this use and other commercial uses in the center. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. Iglesia Cristiana Rios De Agua Viva Page 2of3 3. This Conditional Use Permit is valid for three (3) years. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: % 1,�, ,� 1 CUP - Religious Use REQUEST: Conditional Use Permit (religious use) 3 December 9, 2009 Public Hearing APPLICANT: IGLESIA CRISTIANA RIOS DE AGUA VIVA PROPERTY OWNER: PLEASANT VALLEY ASSOCIATES, LLC STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 4221 Pleasant Valley Road, Suite 125 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14750477110000 CENTERVILLE 9.8 acre site Less than 65 dB DNL 1,400 SF lease space SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. The applicant intends to hold religious services on Sunday, from 9:00 a.m. to 12:00 noon and from 6:00 p.m. to 9:00 p.m. Monday through Friday services are held from 7:30 p.m. to 9:30 p.m. Occasionally, prayer meetings or choir rehearsals are held on Saturday at varying times of day. The church membership ranges from 50 to 90 members. The submitted site plan indicates there are 487 parking spaces on the site. No landscaping, parking alterations, or exterior building modifications are proposed. EXISTING LAND USE: Shopping center LAND USE AND ZONING INFORMATION IGLESIA CRISTIANA RIOS DE AGUA VIVA Agenda Item 3 Page 1 SURROUNDING LAND North: . Bridle Creek Boulevard USE AND ZONING: . Multi -family dwellings / A-12 Apartment District South: . Lynnhaven Parkway Lynnhaven Parkway • Multi -family dwellings / A-12 Apartment District East: . Pleasant Valley Road • Retail shops / B-2 Community Business District • Single-family dwellings / R5D Residential Duplex District West: . Multi -family dwellings / A-12 Apartment District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Lynnhaven Parkway in front of this application is considered a four -lane divided major urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 100 -foot right-of-way. Pleasant Valley Road in front of this application is considered a two-lane undivided collector. The Master Transportation Plan proposes an undivided facility with bikeway within a 70 -foot right-of-way. No roadway CIP projects are slated for these segments of roadway TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 18,798 ADT 27,300 ADT (Level of Service There will be no significant change in generated traffic "D") as a result of this use Pleasant Valley No traffic counts are available Road Average Daily Trips EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map designates this site as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. IGLESIA CRISTIANA RIOS DE AGUA VIVA Agenda Item 3 Page 2 Evaluation: The church is compatible with the other commercial uses within the shopping center and will not negatively impact any neighboring properties. The Zoning Ordinance requires 18 parking spaces for a church with 90 seats. The site plan depicts 487 spaces in the shopping center parking lot. Based on the fact the proposed church has peak operational hours different from traditional business hours, staff finds that the 487 parking spaces located on-site are sufficient for this use and other commercial uses in the center. CONDITIONS 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. IGLESIA CRISTIANA RIOS DE AGUA VIVA Agenda Item 3 Page 3 :4/_1 W@72•'11g=§lKelN®11tl[® LYiVWAV N PKWY u�aaraiaaarri�trUr�I IIII! 0 r fit w SHOPPING CENTER LAYOUT WITH UNIT HIGHLIGHTED IGLESIA CRISTIANA RIOS DE AGUA VIVA Agenda Item 3 Page 5 PHOTOGRAPH SHOWING LOCATION OF UNIT IGLESIA CRISTIANA RIOS DE AGUA VIVA Agenda Item 3 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partneranip, firm, business, or other unincorporated organization, compiete the following: 1. List the applicant name followed by the names df ellJofficl�;*; ioembers, ;trustees, partners, etc. below: (Attach list ff necessary) ' ; 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant- (Attach cast if neoeasary) ❑ Check here if the aphlirant is NQT a oorporamm, partnership, firm, business, or other unincorporated organization. ,.. PROPERTY OWNER DISCLOSURE Complete Ow aectkn WJY If property owner Is ditrant hqm applicant. If the property owner Is a Corporation, partnership, firm, buoina m, or other unincorporated organisation, complete the following: K 1. List the property owner name followed by the names of all officers, members, trustees, partners, aW. below: (Attach list if necessary) PI V a 11" AsSo�,� n 2. Last all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant (Attach list if necessary) ❑ Chock here if the property owner IS NOT a corporation, partnership, firm, business, of uUwr unincorporated organization. 8 I See next 06" br b0ow es Dona an of Dal or empioyoc of the City of Virginia Beach have an Interest In the 1�■1 subject land? Yes No „- If yes, what is the name of the ofitolal gr employees and the nature of their Interest? CwOAOrw Um Porn* Appkdw pip s ar to %.. 74=17 DISCLOSURE STATEMENT IGLESIA CRISTIANA RIOS DE AGUA VIVA Agenda Item 3 Page 8 r=M4. t5 CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Department of �+ Planning to photograph and view the site for purposes of processing and evaluating this application. plicsnt's Signature Print Name Property Owner's S Brent than applicant) Print Name C> Conditional use Permit Appl"tion Page 10 of 10 F;cvised 71312001 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list cessary) �>J�t -0 ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) 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 some person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. DISCLOSURE STATEMENT IGLESIA CRISTIANA RIOS DE AGUA VIVA Agenda Item 3 Page Item #3 Inglesia Cristiana Rios De Agua Viva -Conditional Use Permit 4221 Pleasant Valley Road, Suite 127 District 1 Centerville December 9, 2009 Joseph Strange: The next matter is agenda item 3. An application of Inglesia Cristiana Rios De Agua Viva for a Conditional Use Permit for a religious use on property located at 4221 Pleasant Valley Road, Suite 127, District 1, Centerville, with three conditions. Pastor Jose Padilla: Good afternoon. My name is Pastor Jose Padilla. I really appreciate all of your work. Everything you do all for Virginia Beach. I read the conditions and I agree with them. Thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Phil Russo to review this item. Phil Russo: This is a request for a Conditional Use Permit at 4221 Pleasant Valley Road, Suite 127. The applicant is requesting a Conditional Use Permit to operate a religious facility within an existing shopping center, and the applicant intends to hold religious services on Sunday from 9:00 a.m. to 12:00 p.m. and from 6:00 p.m. to 9:00 p.m. Also, on Monday through Friday, services are held from 7:30 p.m. until 9:30 p.m. Occasionally, there will be prayer meetings and choir rehearsals held on Saturday at varying times of the day. And, the membership of the church ranges from 50 to 90 members. The Comprehensive Plan map designates this area as part of a primary residential area, and the church is compatible with other commercial uses within the shopping center, and won't negatively impact the surrounding neighboring properties. The site plan depicts 487 parking spaces in the shopping center, and based on the fact that the church has peak hours different from the traditional business hours, staff finds that the parking spaces located are sufficient. As a result, staff recommends approval, and the Commission recommends approval and is placing this on the consent agenda. Joseph Strange: Thank you Phil. Madame Chairman, I make a motion to approve agenda item 3. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #3 Inglesia Cristiana Rios De Aqua Viva Page 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 3 for consent. Conditional Use Permit for Church N , s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEMPSVILLE PRESBYTERIAN CHURCH, Conditional Use Permit, religious facility (church), north side of North Landing Road, approximately 2,000 feet west of Courthouse West Neck Parkway (Courthouse Estates). (portion of GPIN 1484- 81-7296 and 1494-02-1476 ). PRINCESS ANNE DISTRICT. MEETING DATE: January 26, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a worship center and church campus for its congregation. ■ Considerations: By letter to the Mayor and the City Council, dates January 18, 2010, the applicant is requesting an indefinite deferral of this item. The purpose of the deferral is to provide for the applicant's land planning team to work with the City and the City's consultant team on the development of a plan for the Interfacility Traffic Area (ITA). The applicant's intent is to have this application heard by the City Council "prior to [City Council's] receipt of a Final Report from [the] consultant." ■ Recommendations: Allow indefinite deferral of the application. ■ Attachments: Location Map Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department City Manager: V- .� . ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FAOsI MILE: 757-456-5445 Via Hand DeliverU and Email January 18, 2010 The Honorable William D. Sessoms, Jr. Vice Mayor Louis Jones Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach, Virginia 23466 JON M. AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT KIM R. GERSHEN DAVID S. HOLLAND KIRK B. LEVY MICHAEL J. LEVY HOWARD R. SYKES, JR. Re: Application of Kempsville Presbyterian Church for Conditional Use Permit for Religious Uses/Church on 1o6.9 Acres on the North side of North Landing Road, west of Courthouse Woods Subdivision, Portion of Brown Farm, Princess Anne District Dear Mayor Sessoms, Vice Mayor Jones and Members of City Council: On behalf of Kempsville Presbyterian Church (KPQ, I am writing to confirm the Church's request for a deferral (indefinite) of its pending conditional use permit application which is scheduled for public hearing on Tuesday, January 26, 2010. My clients have indicated that the two gentlemen who spoke before the Planning Commission will be advised of this deferral. KPC has authorized its Land Planning consultants to work with the consultants retained by the City to formulate ideas and a "vision" for the Interfacility Traffic Area to the south and west of N.A.S. Oceana. We do anticipate bringing the Church's conditional use permit application for a public hearing prior to your receipt of a Final Report from your consultant. Thank you for your courtesy and consideration of this request. S' w REBjr/arhm cc: Jack Whitney, Director, Department of Planning Karen Prochilo, Department of Planning Rev. Stephen Ruckel, Kmnpsville Presbyterian Church Wayne Crosby Robert S. Miller, II, MSA, P.C. ConditionalUsePermit/KempsvillePresbyterianChurch/Sessoms_Ltr i-i8-io wr rur wmmercia! Parking Lot u �1w ro F may_ y�T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SEASHELL PROPERTIES, LLC, Conditional Use Permit, commercial parking lot, 303 23rd Street, 2300 Atlantic Avenue, 2302 Pacific Avenue. BEACH DISTRICT. MEETING DATE: January 26, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a commercial parking lot. The lot will also be used as off-site parking for guests of the applicant's motel located at 23rd Street and Atlantic Avenue. ■ Considerations: The submitted conceptual site layout plan depicts a 200 -foot by 140 -foot parcel at the northwest corner of the intersection of 23rd Street and Pacific Avenue. The plan depicts a total of 79 parking spaces, including 11 spaces designated for Sea Shell Motel guest parking. Street frontage landscaping is depicted along 23rd Street and Pacific Avenue, as well as landscape buffers along the northern and western property lines. The surface of the parking lot will be constructed of permeable interlocking concrete pavers along the perimeter of the lots with hard surface parking in the interior of the lot. Bioretention stormwater treatment will be provided in the interior landscaping islands. A four -foot high fence is proposed along Pacific Avenue, 23rd Street, and the western property line. The lot will be secured at the entrance when not in use. A tenant's booth, trash receptacles, and 12 -foot high lights are also proposed on the site. The applicant will abide by City Code Section 23-58 as it pertains to commercial parking lots. The applicant is providing both permeable interlocking pavers and pavement in the lot, perimeter landscaping, a four -foot high fence, trash receptacles, a method of securing the lot after hours, and an attendant on duty during operating hours. The applicant has agreed to limit the entry of vehicles on the lot after 12:30 a.m. in accordance with the operating hours of the City -owned parking lots and garages, and agreed that motel guests shall display a parking permit on their vehicles to provide for easy inspection of vehicles entering and or exiting the lot. There was no opposition to the request. Seashell Properties, L.L.C. Page 2 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the submitted "CONCEPTUAL SITE LAYOUT PLAN OF 23RD STREET PUBLIC PARKING LOT, 23RD STREET & PACIFIC AVENUE, VIRGINIA BEACH, VA.", dated 9/30/09 and revised 11/20/09. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. No vehicles utilizing the lot for short-term commercial parking shall be allowed to enter the lot after 12:30 a.m., except those vehicles identified with parking permits for the Sea Shell Motel. All vehicles using the lot for short-term commercial parking shall exit the lot by 2:00 a.m. Only vehicles belonging to guests of the Sea Shell Motel shall be parked in the lot after 2:00 a.m. and said vehicles shall display a parking permit to that effect. 3. The lot shall be policed for trash and secured by 2:30 am. 4. The existing freestanding sign shall be removed. The proposed freestanding sign shall not exceed 32 square feet per face and shall not exceed 10 -feet in height. 5. The conditional use permit is approved for five (5) years from the date of City Council approval, with an annual review by the Zoning Administrator, or her designee, to insure compliance with the conditions of this Use Permit. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: mese, � �by REQUEST: Conditional Use Permit (commercial parking lot) 12 December 9, 2009 Public Hearing APPLICANT & PROPERTY OWNER: SEASHELL PROPERTIES, L.L.C. STAFF PLANNER: Faith Christie ADDRESS I DESCRIPTION: 303 23rd Street, 2300 and 2302 Pacific Avenue GPIN: 24270992090000; 24270992200000; 24270992710000; 24270992760000 ELECTION DISTRICT: SITE SIZE: AICUZ: BEACH 28,000 square feet 65-70 dB DNL The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a commercial parking lot and off- site parking for guests of his motel, Sea Shell Motel, located at 23rd Street and Atlantic Avenue as an interim use. The submitted conceptual site layout plan depicts a 200 -foot by 140 -foot parcel at the northwest corner of the intersection of 23rd Street and Pacific Avenue. The plan depicts a total of 79 parking spaces, including 11 spaces designated for Sea Shell Motel guest parking. Street frontage landscaping is depicted along 23rd Street and Pacific Avenue, as well as landscape buffers along the northern and western property lines. The parking lot is to be constructed of permeable interlocking concrete pavers along the perimeter of the lots with hard surface parking in the interior of the lot. Bioretention stormwater treatment will be provided in the interior landscaping islands. A four -foot high fence is proposed along Pacific Avenue, 23rd Street, and the western property line. The lot will be secured at the entrance when not in use. A tenant's booth, trash receptacles, and 12 -foot high lights are also proposed on the site. SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Ocean Cove Hotel / RT -3 Resort Tourist USE AND ZONING: South: . A single-family dwelling and recreational facility / RT -3 Resort Tourist East: . Pacific Avenue • Across Pacific Avenue is a restaurant / RT -2 Resort Tourist West: . A single-family dwelling / RT -3 Resort Tourist NATURAL RESOURCE AND The site is vacant, a mix of gravel and dirt. There are no natural CULTURAL FEATURES: resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 23rd Street is a two-lane local street with an 80 -foot wide right of way. There is currently no CIP project scheduled for this section of 23rd Street. This site also borders Pacific Avenue. In this location, Pacific Avenue is a four -lane minor urban arterial with a 60 -foot wide right of way. The Master Transportation Plan shows Pacific Avenue as an undivided roadway with a 70 -foot wide right of way. No CIP projects are currently scheduled for this section of Pacific Avenue. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Pacific Avenue 20,200 ADT 22,800 ADT Existing Land Use —1,045 ADT Proposed Land Use 3 - Undetermined 2 Average Daily Trips as defined by 0.64 acres of RT -3 zoned property 3 there are no professional standards for traffic generation resulting from this type of use WATER and SEWER: The proposed use does not require water or sewer. SCHOOLS: School populations are not affected by the request. SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 2 EVALUATION AND RECOMMENDATION Evaluation and Recommendation: Staff recommends approval of the Conditional Use Permit request to develop the site as a commercial parking lot and off-site parking for guests of the Sea Shell Motel. The applicant has gone to great lengths to submit a development plan that will be ecologically friendly with the use of permeable interlocking concrete pavers and bioretention stormwater facilities located within the parking lot landscape islands. The applicant will abide by the City Code Section 23-58 as it pertains to commercial parking lots. The applicant is providing both permeable interlocking pavers and pavement in the lot, perimeter landscaping, a four -foot high fence, trash receptacles, a method of securing the lot after hours, and an attendant to be on duty during operating hours. The applicant has agreed to limit the entry of vehicles on the lot after 12:30 a.m. in accordance with the operating hours of the City -owned parking lots and garages, and agreed that motel guests shall display a parking permit on their vehicles to provide for easy inspection of vehicles entering and or exiting the lot. The applicant's representative appeared before the Resort Area Planning and Design Review Committee on November 3, 2009 to present the request. The Committee's primary concern was assurance that the applicant will operate the commercial portion of the lot in accordance with the City Code and will provide some means of identifying motel guests using the lot. As staff discussed in the paragraph above, the applicant will abide by the requirements in the City Code for these types of parking lots and has developed a method of identifying the vehicles that belong to the motel guests (see page 7). CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "CONCEPTUAL SITE LAYOUT PLAN OF 23R STREET PUBLIC PARKING LOT, 23RD STREET & PACIFIC AVENUE, VIRGINIA BEACH, VA.", dated 9/30/09 and revised 11/20/09. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. No vehicles utilizing the lot for short-term commercial parking shall be allowed to enter the lot after 12:30 a.m., except those vehicles identified with parking permits for the Sea Shell Motel. All vehicles using the lot for short-term commercial parking shall exit the lot by 2:00 a.m. Only vehicles belonging to guests of the Sea Shell Motel shall be parked in the lot after 2:00 a.m. and said vehicles shall display a parking permit to that effect. 3. The lot shall be policed for trash and secured by 2:30 am. 4. The existing freestanding sign shall be removed. The proposed freestanding sign shall not exceed 32 square feet per face and shall not exceed 10 -feet in height. 5. The conditional use permit is approved for five (5) years from the date of City Council approval, with an annual review by the Zoning Administrator, or her designee, to insure compliance with the conditions of this Use Permit. SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 4 AERIAL OF SITE LOCATION SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 5 PROPOSED SITE PLAN SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 6 4.0 PROPOSED SITE PLAN SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 6 PARKING PERMIT SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 7 1. 3/1/05 12/12/66 Rezoning (A-12 Apartment to Conditional RT -3 Resort Tourist) Rezoning B-1 Business to MH Motel Hotel Pending Approved 2. 5/8/07 Change to Nonconforming Use Approved 3. 12/10/02 Change to Nonconforming Use Approved 4. 8/26/03 Conditional Use Permit Bed and Breakfast Approved 5. 12/26/02 Conditional Use Permit Parkin Lot Approved 6. 2/23/99 Conditional Use Permit (Outdoor Recreational Facility) Approved ZONING HISTORY SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) seashell Properties LLC: Mr. Rustom J. Irani, Mrs. Milda A. Irani Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 71312007 SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 9 O DISCLOSURE STATEMENT lMMON1 W cn z 0 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) SPashPll PfOCPrtIP.0 I I (` RASA P (` ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Property Owner's Signature Print Name different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 SEASHELL PROPERTIES, L.L.C. Agenda Item 12 Page 10 Item #12 Seashell Properties, L.L.C. Conditional Use Permit 303 23rd Street 2300 Pacific Avenue 2302 Pacific Avenue District 6 Beach December 9, 2009 CONSENT Joseph Strange: The next item is agenda item 12. An application of Seashell Properties, L.L.C. for a Conditional Use Permit for a commercial parking lot on property located at 303 23rd Street, 2300 Pacific Avenue, and 2302 Pacific Avenue, District 6, at the Beach, with five conditions. Michael Perry: Chairman and members of the Planning Commission. My name is Michael Perry, 5330 Rouse Drive, representing the applicant. We appreciate being put on the consent agenda. We have reviewed those conditions and approved them as stipulated. Thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Dave Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant Seashell Properties, L.L.C. requests a Conditional Use Permit to allow development of the site for a commercial parking and off-site parking for guests of his motel, Seashell Motel, located at 23rd Street and Atlantic Avenue, as an interim use. The submitted conceptual site layout plan depicts a 200 -foot by 140 -foot parcel at the northwest corner of the intersection for 23rd Street and Pacific Avenue. The plan depicts a total of 79 parking spaces, including I 1 spaces designated for Seashell Motel guest parking. Street frontage landscaping is depicted along 23rd Street and Pacific Avenue, as well as landscape buffers along the northern and western property lines. The parking lot is to be constructed of permeable interlocking concrete pavers along the perimeter of the lot with hard surface parking in the interior of the lot. Bioretention stormwater treatment will be provided in the interior landscaping islands. A four -foot high fence is proposed along Pacific Avenue, 23rd Street, and the western property line. The Commission believes this application represents a significant improvement and we are unaware of any opposition to this application. Staff recommends approval and we therefore concur by consent. Thank you. Joseph Strange: Thank you Dave. Madame Chairman, I make a motion to approve agenda item 12. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. Item #12 Seashell Properties, L.L.C. Page 2 AYE 11 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE. STRANGE AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 12 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SENIOR'S UNLIMITED LIFESTYLES, INC. / WILLIE DONALD MARTIN, SR., Conditional Use Permit, senior housing facility, 5827 Burton Station Road. BAYSIDE DISTRICT. MEETING DATE: January 26, 2010 ■ Background: The applicant requests a Conditional Use Permit for the purpose of constructing a three-story, 40 unit, independent living, senior housing facility. The proposed development is located within the area covered by the Burton Station Strategic Growth Area Implementation Plan, adopted by City Council in January 2009. The land use concept for the Burton Station Plan recommends a senior housing facility situated in the general area where the applicant is proposing this development. ■ Considerations: The proposed facility will include approximately 30 one -bedroom and 10 two- bedroom units of 940 and 1,190 square feet respectively. Rents for the one - bedroom units will start at $535 and the two-bedroom units will start at $680. Services offered to residents within this facility include a van that provides rides to residents in need of transportation. Also included within the facility are central laundry and community rooms. The senior complex will have one elevator that complies with City and State codes as it relates to housing for seniors and the entire building will be climate controlled. The mass, design, and height of the building is similar to what is recommended within the Burton Station Plan, and the exterior building materials used are similar to what is depicted within the approved Burton Station Plan. The applicant met with the City's Senior Housing Review Committee on November 20, 2009, and the committee is generally supportive of the proposed plans to provide low income housing for independent seniors. There was no opposition to the request. Senior's Unlimited Lifestyles, Inc. Page 2 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, with 1 abstention, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled, "Tranquility at The Lakes, Seniors Unlimited Lifestyles, Inc.; Phase One", prepared by Pentecost Deal & Associates. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation entitled "Tranquility at The Lakes, Senior's Unlimited Lifestyles, Inc.", Prepared by Pentecost Deal & Associates. 3. Every effort shall be taken to retain mature trees located within the proposed open space/ parking lot street frontage area along Burton Station Road. 4. A minimum four foot tall evergreen hedge, branching to the ground, shall be installed along the southeastern property line. The width of the planting area shall be a minimum of three feet. 5. Foundation landscaping shall be required. A minimum of 50 percent of any side of a building facing Burton Station Road shall be planted. A minimum of 33 percent of any side of a building facing the proposed road located northwest of site shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. 6. Planted areas shall be a minimum of three feet in width. One tree or one shrub shall be required for every 15 square feet of total required landscape area. 6. At least one member of the family living in each unit shall be age 62 or older. 7. If the proposed roadway along the northwestern side of the property is not constructed by the end of 2011, the applicant shall seek an Encroachment Agreement with the City of Virginia Beach to provide a driveway from Burton Station Road to the drive aisle located on the northern side of the building. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department le'. City Manager: 5 ,7)�&OVL Map B� M Not t� '•'.nle Senior's Unlimited Li est les Inc. ©; 04 a :rte 1 _ 177 • g Alt =,� � ;- �' Via; .� � , ,. o `�� , / � I'� �� r Off./i/ \ •. f / i R- 50 �. \ R-50 CUP - Housing for Senors REQUEST: Conditional Use Permit (housing for seniors) ADDRESS / DESCRIPTION: 5827 Burton Station Road 22 January 13, 2010 Public Hearing APPLICANT: SENIOR'S UNLIMITED LIFESTYLES, INC. PROPERTY OWNER: WILLIE DONALD MARTIN SR. STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14588847390000 BAYSIDE 1.57 acres Less than 65 dB DNL APPLICATION HISTORY: The Planning Commission deferred this item during the December 9, 2009 hearing at the request of the applicant. The applicant has since submitted a new building rendering, which is included in this report. The applicant requests a Conditional Use Permit for the SUMMARY OF REQUEST purpose of constructing a three-story, 40 unit, independent living, senior housing facility at 25.5 units/acre: The proposed facility will include approximately 30 one - bedroom and 10 two-bedroom units of 940 and 1,190 square feet respectively. Rents for the one - bedroom units will start at $535 and the two-bedroom units will start at $680. Services offered to residents within this facility include a van that provides rides to residents in need of transportation. Also included within the facility are central laundry and community rooms. The senior complex will have one elevator that complies with City and State codes as it relates to housing for seniors and the entire building will be climate controlled. The site design for the facility incorporates elements recommended by the City's Northampton Boulevard Corridor Strategic Growth Area Implementation Plan, which is otherwise known as The Burton Station Plan, adopted by City Council in January 2009. The Burton Station Plan encourages senior housing within the Burton Station community. During the planning and design charrettes for the Burton Station Plan, residents voiced a desire to have senior housing within the residential community. Accordingly, the land use concept for the Burton Station Plan includes an eighty -unit senior housing facility situated at and SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 1 around 5826 Burton Station Road (shown on page 8 of this report). The applicant is proposing a 40 -unit senior housing facility directly across from 5826 Burton Station Road. The site is designed with a 39,490 square foot senior housing facility located along the northwestern property line, immediately adjacent to a future roadway, creating the urban feeling that the Burton Station plan calls for in this area. Thirty-four parking spaces are provided east of and behind the building and a four -foot tall evergreen hedge and fencing is provided along the southeastern property line. A proposed road is shown along the northwest border of the site, and the building fronts on this future roadway. This road is envisioned within the Burton Station Plan, and a consultant to the City of Virginia Beach is currently designing the roadway as part of a larger infrastructure project for Burton Station Road. Road improvements include, but are not limited to, installation of curb and gutter, street lights, and City water. The City is working with the consultant firm to begin construction of road improvements by the end of 2010. The applicant's proposed building consists of an urban contemporary design, including brick veneer or exterior insulation and finish system (EIFS), vinyl -clad aluminum porch railings, solid vinyl or high density urethane cornices, columns and attic vents. The roof copings, parapets, and rake trim consists of prefinished aluminum. The sloped roof is made of architectural quality asphalt shingles or standing seam metal roof panels. The window and doors to each unit are constructed with prefinished energy efficient aluminum or vinyl while the entrances to the facility consist of prefinished energy efficient aluminum. Overall, the design of the building and site layout are similar to what was contemplated within the Burton Station Plan. In order to follow the recommendations of the Burton Station Plan, the applicant is requesting that the following deviations from ordinance requirements be allowed as part of this Use Permit, which, in regard to the dimensional deficiencies, is allowed by Section 221(1), and in regard to the parking, is allowed by Section 235 of the City Zoning Ordinance: A reduced side corner yard setback. The site is zoned R -5D and requires a 35 -foot side corner yard setback; however, the Burton Station Plan depicts a zero setback for the senior housing facility along public right-of-ways. The applicant has designed the site in accordance to the reduced setbacks as depicted within the Burton Station Plan. A reduced rear yard setback. The trash dumpster is situated within the required 15 -foot rear yard setback. The applicant has attempted to find a location onsite that is not directly adjacent to the residential area situated southeast of the parcel. The proposed dumpster location is over 60 feet from the residential area located directly adjacent to the site. A reduced parking requirement. The Conditional Use Permit section of the Zoning Ordinance pertaining to Senior Housing requires one space per dwelling unit unless otherwise approved by City Council. The applicant proposes 0.85 parking spaces per unit onsite, as it is envisioned that additional on -street parking will be provided with the proposed road north of site. More than eight parking spaces will be envisioned within the proposed right-of-way directly adjacent to the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Vacant land / R -5D Residential District USE AND ZONING: . Vacant land / 0-2 Office District South: . Lake Wright Gulf Course / R -5D Residential District East: . Single-family homes / R -5D Residential District SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 2 West: . Single-family homes and vacant land / R -5D Residential District NATURAL RESOURCE AND The majority of the site is grass field. There are a mature trees situated CULTURAL FEATURES: throughout the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM CIP : Burton Station Road is considered a two-lane undivided collector street. Currently, this segment of roadway is functioning at a Level of Service (LOS) C or better. It is not included on the Master Transportation Plan. Burton Station Road, however, is included in the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan. Approximately $4,886,286 has been allocated through CIP 9-081 for the planning, design, and construction of a portion of Burton Station Road and a portion of a proposed Gulf Course Road. This project is currently fully funded. Present Present Capacity Generated Traffic Street Name Volume Burton Station 3,503 ADT 9,900 ADT (Level of Existing Land Use ADT Road Service "D") Proposed Land Use s -139 Average Daily Trips 2 as defined by one single-family dwelling 3 aq dPfinPd by a 40 -unit senior housing facili PUBLIC WORKS / ENGINEERING: A dedication of 14 feet along Burton Station Road is required, such that the ultimate right-of-way of 50 feet, in accordance with City code. WATER: The existing lot must connect to City water. There is an existing 8 -inch City water main along Burton Station Road. SEWER: City sanitary sewer is available. Sanitary sewer and pump station analysis of Pump Station #326 is required to determine if future flows can be accommodated. There is an existing 8 -inch City gravity sanitary sewer main along Burton Station Road. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The proposal is consistent with the Comprehensive Plan's recommendations for this area and is consistent with the Burton Station Plan. The applicant has also met with the City's Senior Housing Review Committee on November 20, 2009, and the committee is generally supportive of the proposed plans to provide low income housing for independent seniors. SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 3 The proposed location of the three-story, 40 -unit senior housing complex is in the general vicinity of the senior housing facility contemplated within the Burton Station Plan. The mass and height of the building is also similar to what is recommended within the Burton Station Plan, and the exterior building materials used are similar to what is recommended within the approved Burton Station Plan. The applicant is to be commended for providing this type of housing, as affordable senior housing is in great demand but in low supply within the city. The applicant should also be commended for designing a project consistent with the adopted plan for the community. Based on recommendations of the Burton Station Plan, the site is designed to allow the opportunity for retail development on the northeastern portion of the site and to allow access from the proposed road to the adjacent residential properties to the southeast. Staff, therefore recommends approval of the Conditional Use Permit subject to the following conditions. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled, Tranquility at The Lakes, Seniors Unlimited Lifestyles, Inc.; Phase One", prepared by Pentecost Deal & Associates. Said plan is on file in the City of Virginia Beach Planning Department. 1. The proposed buildings shall be constructed substantially in accordance with the submitted elevation entitled "Tranquility at The Lakes, Senior's Unlimited Lifestyles, Inc.", Prepared by Pentecost Deal & Associates. 2. Every effort shall be taken to retain mature trees located within the proposed open space/ parking lot street frontage area along Burton Station Road. 3. A minimum four foot tall evergreen hedge, branching to the ground, shall be installed along the southeastern property line. The width of the planting area shall be a minimum of three feet. 4. Foundation landscaping shall be required. A minimum of 50 percent of any side of a building facing Burton Station Road shall be planted. A minimum of 33 percent of any side of a building facing the proposed road located northwest of site shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. Planted areas shall be a minimum of three feet in width. One tree or one shrub shall be required for every 15 square feet of total required landscape area. 5. At least one member of the family living in each unit shall be age 62 or older. 6. If the proposed roadway along the northwestern side of the property is not constructed by the end of 2011, the applicant shall seek an Encroachment Agreement with the City of Virginia Beach to provide a driveway from Burton Station Road to the drive aisle located on the northern side of the building. SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 5 AERIAL OF SITE LOCATION SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda --Item ,22 Page 6 NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH AREA IMPLEMENTATION PLAN SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD K Agenda- NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH AREA IMPLEMENTATION PLAN SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD I Agenda IARTIN Item 22 Page 8 t'4� 6 IN PROPOSED SffE PLAN' SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 9 PROPOSED BUILDING ELEVATION SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 10 # DATE DESCRIPTION ACTION 1 9-10-96 Conditional Use Permit (motel, truck wash facility & bulk storage and Granted 2 2-13-01 2-13-01 Conditional Use Permit (hotel) Zoning Change B-2, 0-2 & 1-1 to Conditional 1-1 Granted Granted 3 1-26-99 Conditional Use Permit (automobile service station) Granted 4 6-13-06 Zoning Change (R-51) to Conditional 1-1) Granted 5 1-25-05 1-25-05 Conditional Use Permit (hotel) Zoning Change (0-2 to Conditional 1-1) Granted Granted ZONING HISTORY SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers. members, trusteesjt ) partners, etc. below: (Attach list if necessary) .y , 2. List all bus' esses th t have a parent -subsidiary' or affiliated business entity2 relationship with the, applicant: (Attach list if necessary) i ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business. or other unincorporated organization. 8 " See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No `� If yes what :s the name of the official or employee and the nature of their Interest? Conditional Use Permit Applicat,en Page 5 of 10 Revised 7/312007 DISCLOSURE STATEMENT SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 12 O DISCLOSURE STATEMENT 1�1 � ADDITIONAL DISCLOSURES VList 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 serymes: Attach list if necessary) f E'n f'C ��5� j�'Cci ��lS( C/e?S -�t1c /Li/�rarrl .{'Ck Q 2L'�L i A u ��`Zz L-,- ✓en' Or J "Parent -subsidiary relationship" means "a relationship that exists when one i ~� 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. j Code § 2.2-3101. I e W2 "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 WQ owner in the other entity, or (iii) there is shared management or control between the business I entities. Factors that should be considered in determining the existence of an affiliated j Wbusiness 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 i 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. j i 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 Oleast 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of �+ Planning to photograph and view the site for purposes of processing and evaluating this application ��♦ ApplrcanY Signature p Part Name Property Ov+ner's Signatu different than applicant) Print Name O V ;onddicral Use Permit Application ?age 10 of 10 ?evised 7/3/2007 DISCLOSURE STATEMENT SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 13 Board Members President ......................... Edna Murrell Vice President .................. Gerald Porter Secretary ........................ Norman Dove Treasurer ........................ Michael Miller James Creecy Evelyn Cooper Thomasena Mason Consultant Rebecca McCaden Project Development Officer Christopher C. Sterling Virginia Community development Corp. CEO Angela Whitehead Senior's Unlimited Lifestyles Inc. DISCLOSURE STATEMENT SENIOR'S UNLIMITED LIFESTYLES, INC. /WILLIE DONALD MARTIN Agenda Item 22 Page 14 Item #22 Senior's Unlimited Lifestyles, Inc. Conditional Use Permit 5827 Burton Station Road District 4 Bayside January 13, 2010 CONSENT Jay Bernas: The next matter on the agenda is agenda item 22. This is an application of Senior's Unlimited Lifestyles, Inc. for a Conditional Use Permit for a senior housing facility on property located at 5827 Burton Station Road, District 4, Bayside. Is there a representative here on this application? Jay Leftwich: Good afternoon Chairman Strange and fellow Commissioners. I'm Jay Leftwich, 308 Cedar Lakes Drive, Chesapeake, VA. I'm the agent for the applicant. We agree with the conditions that have been placed on the application. Jay Bemas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner David Redmond to please review this item. David Redmond: Thank you Mr. Bernas. The applicant, Senior's Unlimited Lifestyle, Inc., requests a Conditional Use Permit for the purpose of constructing a three-story, 40 unit, independent living, senior housing facility at 25.5 units per acre. The proposed facility will include approximately 30 one -bedroom and 10 two-bedroom units of 940 and 1,190 square feet, respectively. Rents for the one -bedroom units will start at $535 and the two-bedroom units will start at $680.00. Services offered to residents within this facility include a van that provides rides to residents in need of transportation. Also included within this facility are central laundry and community rooms. The site design for this facility incorporates elements recommended by the City's Northampton Boulevard Corridor Strategic Growth Area Implementation Plan, which is otherwise known as the Burton Station Plan, which was adopted by City Council in January 2009. With the design charettes that were conducted as part of that planning process, this particular type of facility was identified as a particular community need. Also, I should add that the Commission was heartened by the applicant's willingness to adjust the design to further meet the guidelines that were established within the plan. The staff recommends approval of this application. We're unaware of any opposition, and the Commission concurs by consent. Thank you. Jay Bernas: Thank you Commissioner Redmond. I would like to make a motion to approve agenda item 22. Donald Horsley: Second. Joseph Strange: A motion has been made and seconded to approve item 22. Item #22 Senior's Unlimited Lifestyles, Inc. Page 2 Ronald Ripley: Mr. Chairman? I would like to abstain on item 22. Our company was offered the property near this property by the City not too long ago, so I will need to abstain on that item. We were offered considered purchasing it. We didn't do it. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE STRANGE AYE ABS 1 ABSENT 0 ABS Ed Weeden: By a vote of 11-0, with the abstention so noted, the Board has approved item 22. Ga C. Kimnach Conditional Zoning Change from RIO & Bl to 12 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GARY C. KIMNACH, C/O BEACH AUTO / WILLIAM D. FRIERSON, III AND GRACE A. FRIERSON, Change of Zoning District Classification, R-10 Residential District and B-1 Neighborhood Business District to Conditional 1-2 Heavy Industrial District, northwest corner of Jackson Street and South Birdneck Road. BEACH DISTRICT. MEETING DATE: January 26, 2010 ■ Background: The applicant requests a Conditional Change of Zoning of the existing R-10 Residential and Conditional B-1 Business properties to Conditional 1-2 Heavy Industrial for the purpose of developing an automotive repair facility. The applicant's business is currently located at the intersection of 31 st Street and Arctic Avenue, and is being displaced due to the redevelopment of the block. ■ Considerations: The applicant operates the business on Monday through Friday from 7:30 a.m. to 5:30 p.m. and Saturday from 7:30 a.m. to 12:00 p.m. (noon). The applicant currently has ten employees and will be adding no additional employees with this development. The submitted concept plan depicts a one-story automotive repair shop situated 51 feet from South Birdneck Road, 60 feet from Jackson Street, 123 feet from the rear (western) property line, and 64 feet from the side (northern) property line. The proposed building will be 5,200 square feet in floor area. Eight parking spaces will be located along the frontages on South Birdneck Road and Jackson Street, and 19 overflow parking spaces will be located on the northwestern portion of the site. A ten -foot wide street front landscaping strip is depicted along both South Birdneck Road and Jackson Street. A 25 -foot wide landscape buffer of Leyland cypress and a six-foot high vinyl privacy fence will be installed adjacent to the residentially zoned lots to the north and west. Interior landscaping in the parking lot and foundation landscaping along the building wall fronting South Birdneck Road will also be installed. The submitted building elevations depict a one-story building, 16 feet in height. The building elevation depicts four bays on each side of the building for a total of eight repair bays. The building will be constructed of Galvalume© metal roof panels, light stone (concrete) wall panels, and colonial red brick. The brick will extend eight feet from the foundation along the front and side walls with the balance of the walls finished in the stone (concrete) panels. The gutters, downspouts, and metal doors to the bays will be slate gray. Gary C. Kimnach, c/o Beach Auto Page 2 of 3 The subject parcels are designated in the APZ-1/CZ Master Plan as Sub -Area B, suitable for non-residential use. The APZ-1/CZ Master Plan is an adopted component of the Comprehensive Plan that provides guidance for development in the Accident Potential and Clear Zones surrounding NAS Oceana. The applicant's proposal to rezone four contiguous undeveloped lots from residential zoning to heavy industrial zoning, to accommodate an automobile repair facility, is compatible with the list of land uses that are suitable on properties affected by the AICUZ's APZ-1/Clear Zone delineations surrounding NAS Oceana. While automotive repair can be a fairly intense use, the applicant, working with the Department of Economic Development, through the City's marketing program for APZ-1 properties, and with Planning Staff, has proffered a site development plan that will afford the surrounding properties with assurances of landscape buffering, quality fencing, on-site parking, unobtrusive business hours, and a building similar in height and scale to residential homes. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k baa 19 January 13, 2010 Public Hearing APPLICANT: GARY C. KIMNACH C/O BEACH AUTO PROPERTY OWNERS: WIILAIM D. FRIERSON, GRACE A. FRIERSON, DONALD S. CLARKE, PRICE M. CLARKE, CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie REQUEST: Conditional Chancre of Zoning (R-10 Residential and Conditional B-1 Business to Conditional 1-2 Heavy Industrial) ADDRESS/ DESCRIPTION: 117 South Birdneck Road, [Parcel 2] South Birdneck Road, and 1108 Jackson Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24174369010000; BEACH 1.67 acres More than 75 d6 DNL and 24174369910000; Accident Potential Zone 1 24174460800000; 24174450200000. APPLICATION HISTORY: This request was deferred on November 12 and December 9, 2009 to allow the applicant time to address several issues and to revise the proffers. SUMMARY OF REQUEST The applicant requests Conditional Change of Zoning of the existing R-10 Residential and Conditional B- 1 Business properties to Conditional 1-2 Heavy Industrial for the purpose of developing an automotive repair facility. The applicant's business is currently located at the intersection of 31't Street and Arctic Avenue, and is being displaced due to the redevelopment of the block. The applicant operates Monday through Friday from 7:30 a.m. to 5:30 p.m. and Saturday from 7:30 a.m. to 12:00 p.m. (noon). The applicant currently has ten employees and will be adding no additional employees with this development. GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 1 The submitted concept plan depicts a one-story automotive repair shop situated 51 feet from South Birdneck Road, 60 feet from Jackson Street, 123 feet from the rear (western) property line, and 64 feet from the side (northern) property line. The proposed building will be 5,200 square feet in floor area. Eight parking spaces will be located along the frontages on South Birdneck Road and Jackson Street, and 19 overflow parking spaces will be located on the northwestern portion of the site. A ten -foot wide street front landscaping strip is depicted along both South Birdneck Road and Jackson Street. A 25 -foot wide landscape buffer of Leyland cypress and a six-foot high vinyl privacy fence will be installed adjacent to the residentially zoned lots to the north and west. Interior landscaping in the parking lot and foundation landscaping along the building wall fronting South Birdneck Road will also be installed. The submitted building elevations depict a one-story building, 16 feet in height. The building elevation depicts four bays on each side of the building for a total of eight repair bays. The building will be constructed of Galvalume® metal roof panels, light stone (concrete) wall panels, and colonial red brick. The brick will extend eight feet from the foundation along the front and side walls with the balance of the walls finished in the stone (concrete) panels. The gutters, downspouts, and metal doors to the bays will be slate gray. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Single-family dwelling / R-10 Residential USE AND ZONING: South: . Jackson Street • Across Jackson Street is a single-family dwelling and vacant property/ R-10 Residential and 1-1 Light Industrial East: • South Birdneck Road • Across South Birdneck Road is a strip retail center, vacant property, and a single-family dwelling / B-1 and B-2 Business, and R-7.5 and R -5D Residential West: . Vacant property / R-10 Residential NATURAL RESOURCE AND A stand of trees buffers the single-family dwelling to the north of the site. CULTURAL FEATURES: An automotive repair facility occupied the southern portion of the site approximately ten years ago. Other than that there are no natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM: South Birdneck Road is experiencing ongoing construction under CIP 2-149, and after completion, will be classified as a four - lane minor divided arterial with a bikeway. Also under CIP 2-149, improvements will occur to Jackson Street adjacent to this site, including widening the pavement width to 24 feet, adding curb and gutter and sidewalk, and extending the right -way -width to a maximum of 60 feet. Jackson Street is and will remain a two-lane local GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 2 street. The construction plans for Birdneck Road do not include a median break at Jackson Street, due to its proximity to Norfolk Avenue, where there is a median break and traffic signalization. • The existing entrance for the property zoned R-10 at the corner of Jackson Street and South Birdneck Road is shown on the CIP plans as being replaced in the same location. However, this access point is not intended to serve the commercial nature of the proposed business. • One goal of providing a divided arterial highway is minimizing commercial access points, and predominately only allowing direct access to other streets. The result of designing in this manner leads to providing commercial access off of the local and collector streets. Public Works / Traffic Engineering, therefore, consistently recommends eliminating direct access points to arterial highways for commercial uses. In this instance, Traffic Engineering prefers that the access on South Birdneck Road for this development be closed, with access only being on Jackson Street. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Birdneck 17,300 ADT 30,600 ADT Existing Land Use — 0 RoadADT s-120 Proposed Land Use ADT (21 peak hour) Jackson Street No counts available Average Daily Trips 2 as defined by vacant parcels 3 as defined by a 6,100 square foot automotive repair establishment WATER: This site must connect to City water. There is an existing 24 -inch City water main on South Birdneck Road and a 6 -inch City water line on Jackson Street. SEWER: This site is connected to City sanitary sewer. Pump Station #118, the receiving pump for this area, has capacity issues and may require a system modification. The applicant must provide an analysis of Pump Station #118 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an eight -inch City gravity sanitary sewer main in South Birdneck Road and an eight -inch city gravity sanitary sewer main on Jackson Street. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this area as being within the Suburban Area; however, the site is also located on the periphery of Special Economic Growth Area (SEGA) 1 — East Oceana Area. Due to the location of this area within a high AICUZ and within or in close proximity to an Accident Potential Zone, the Comprehensive Plan recommends "low intensity light industrial uses and limited retail with significant buffers to shield the Seatack neighborhood from possible intrusive impacts." The subject parcels are also identified in the APZ-1/CZ Master Plan as Sub -Area B, suitable for non-residential use. GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 3 The APZ-1/CZ Master Plan is an adopted component of the Comprehensive Plan that provides guidance for development in the Accident Potential and Clear Zones surrounding NAS Oceana. The applicant's proposal to rezone four contiguous undeveloped lots from residential zoning to heavy industrial zoning, to accommodate an automobile repair facility, is compatible with the list of land uses that are suitable on properties affected by the AICUZ's APZ-1/Clear Zone delineations surrounding NAS Oceana. Evaluation: The proposal is consistent with the Comprehensive Plan land use policies and the 2008 APZ-1/CZ Master Plan recommendations for such affected AICUZ areas east of NAS Oceana. It is not the intent of the APZ-1/CZ Master Plan to allow incompatible uses within stable neighborhoods, nor is it the intent of the plan to allow additional residential development in APZ-1 more than 75 dBLdn AICUZ areas. The four lots proposed for development are no longer appropriate for residential uses and are instead designated as being suitable for non-residential uses. The applicant's proposal offers the required site and building design improvements that will continue to enhance the community aesthetics in this area. The proposal is not imbedded within the neighborhood but located on an arterial roadway, South Birdneck Road, which is currently being improved through a Capital Improvement Program (CIP) project to a four -lane minor divided arterial. The CIP project includes development of an entrance on South Birdneck Road to the site. While Traffic Engineering has pointed out that the entrance was not intended to be commercial in nature since it provides access to property now zoned Residential, the applicant is aware the entrance will have to be improved to commercial standards. Traffic Engineering has also recommended closure of the South Birdneck Road entrance and providing access to the site from Jackson Street. Planning Staff has concerns with this recommendation, as while it is ideal for the purpose of keeping traffic moving on Birdneck Road, it also will introduce commercial traffic onto a stable residential street. While automotive repair can be a fairly intense use, the applicant, working with the Department of Economic Development, through the City's marketing program for APZ-1 properties, and with Planning Staff, has proffered a site development plan that will afford the surrounding properties with assurances of landscape buffering, quality fencing, on-site parking, unobtrusive business hours, and a building similar in height and scale to residential homes. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Permitted Uses: When the Property is developed, it shall only be used for automotive repair, office/warehouse, and bulk storage, with such office use being limited to serving the automotive repair business conducted on-site. PROFFER 2: Prohibited Uses: All other uses not listed in Paragraph 1 herein shall be prohibited. GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 4 PROFFER 3: Design: When the Property is developed, it will be developed in compliance with the following design requirements: a. Exterior walls of the building shall be finished with glass as approved by the Grantee, tilt -up concrete, concrete panel construction, and a minimum of fifty -percent brick on the front and sides of the building. b. All on-site electrical, telephone, and other utility lines shall be underground and shall not be exposed on the exterior of any building or improvements. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from the street and from buildings on other sites and shall be architecturally treated in a manner acceptable to Grantee. C. Location of the proposed building and parking areas shall be in accordance with the proffered plans entitled Building Elevations Auto Service Building Beach Automotive Service Center South Birdneck Road at Jackson Street, Virginia Beach, Virginia dated October 12, 2009 and prepared by William M. Verebely, Jr. as exhibited to the Virginia Beach City Council and on file in the Virginia Beach Planning Department. Parking areas shall not be located between the building and South Birdneck Road. Service areas, loading areas, and repair bays shall not face South Birdneck Road. d. The free-standing sign shall be a monument style sign, with the base constructed of materials used on the building. The free-standing sign shall be no larger than forty (40) square feet per face and no taller than six (6) feet from grade at its highest point. PROFFER 4: Further conditions may be required by Grantee during detailed Site Plan review and administration of applicable codes and ordinances of the City of Virginia Beach, Virginia ("City Code"), by all cognizant city agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable. Proffers 1 and 2 specify the permitted and prohibited uses of the site. Proffer 3 insures that the proposed improvements - the building, parking and landscaping - will be developed on the site according to the proffered site plan. The proffer also insures that the proposed freestanding sign will be of a monument style, accented with the same materials as the proposed building in order to provide for continuity on the site. The sign will be limited to 40 square feet in area and a height of six feet. The City Attorney's Office has reviewed the proffer agreement dated December 21, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. 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. GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 5 AERIAL OF SITE LOCATION GARY C. KIMNACH, C/O BEACH AUTO Agenda -Item 19 Page 6 5 {tirltt gym 4: till ice* 1`. K ss. wsrw MIM IMlYw '. ;4 �e!a `y'LS +:F I' si e. t` #F7 r 5 {tirltt gym PROPOSED SITE PLAN GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 7 till K PROPOSED SITE PLAN GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 7 K A PROPOSED SITE PLAN GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 7 flows** A - ��• �--r MI IIIII�l�[� I!! 4 d# i� Y , 6 L P � I Not E WW 0 Ei` r 1 E ff 3 Ak 14 } 1. 7/5/66 Rezoning (General Industrial M-1 2 and M- Approved 13 to Multiple -Family Residence RM 2. 11/26/91 Conditional Use Permit (Storage Yard Approved 3. 6/26/01 Rezoning (R-10 Residential to Conditional Approved B-1 Business) 10/27/86 Rezoning (R-5 Residential to B-2 Denied Business 4. 5/5/86 Rezoning (R-5 Residential to 1-1 Light Withdrawn Industrial 5. 1/27/86 Rezoning (R-6 Residential to B-1 Approved Business ZONING HISTORY GARY C. KIMNACH, C/O BEACH Al Agenda Itei nr 1 I_ DISCLOSURE STATEMENT 1i 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) Beach Auto 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) E] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) 171 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 2_ No 21 If yes, what is the name of the official or employee and the nature of their interest? Goriclftrisl Rezmng Apo"tion rage 11 of 12 Revised 11 M&20% GARY C. KIMNACH, C/O BEACH Agendal UTO In 19 le 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Beach Auto 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach - Mayor: William D. Sessoms, Jr. Council: Bob Dyer, Harry E. Diezel, Glenn R. Davis, Louis R. Jones (Vice Mayor), James L. Wood John E. Uhrin, Barbara M. Henley, Bill R. DeSteph, Ron A. Villanueva, Rosemare Wilson 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) N/A ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8, See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 21 No ❑ If yes, what is the name of the official or employee and the nature of their interest? Land owned by City of Virginia Beach Conditional Rezoning Application Page 11 of 12 Revised 11/1612006 GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "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. Y "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view %the site for purposes of processing and evaluating this application. t?Ar2yC /"'l/ M ppli 's Signature I a (rJrl [aCr _ f7 !LL -lt. �x (ilv 11 Property Ow r's�gnature (f different than applicant) Print Name ApplicajR's Signature Print Name �p (Property Owner's Signature (if differe4lhan applicant) Print Name Props y ner's Signature (if different than applicant) P n- t_N�rrle ��` m �c�t,'ry` - l \ GARY C. KIMNACH, C/O BEACH AUTO Agenda Item 19 Page 12 Item #19 Gary C. Kimnach c/o Beach Auto Change of Zoning District Classification Northwest corner of Jackson Avenue and South Birdneck Road District 6 Beach January 13, 2010 CONSENT Jay Bernas: The next matter on the agenda is agenda item 19. This is an application of Gary C. Kimnach c/o Beach Auto for a Change of Zoning District Classification from R-10 Residential District and Conditional B-1 Neighborhood Business District to Conditional I-2 Heavy Industrial District on property located on the northwest corner of Jackson Street and South Birdneck Road, District 6, at the Beach. Is there a representative here on this application? Please state your name. David Embree: For the record, I'm David Embree. I'm the attorney for Gary Kimnach in connection with the application. We're familiar with the conditions that have been applied to the application, and we agree with them. Jay Bernas: Okay. Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Phil Russo to please review this item. Phil Russo: This is a request for a Conditional Change of Zoning for property at 117 South Birdneck Road and 1108 Jackson Street. The applicant requests the change for the purpose of developing an automotive repair facility. The applicant's current business is located at the intersection of 31" Street and Arctic Avenue, and is being displaced due to redevelopment of the block. The submitted plan calls for a one-story automotive repair shop, and will be 16 feet in height. The building elevation depicts four bays on each side of the building for a total of eight repair bays. Eight parking spaces will be located along the front of South Birdneck Road and Jackson Street, and 19 overflow parking spaces will be located on the northwest portion of the site. The proposal is consistent with the Comprehensive Plan policies in the area. The applicant's proposal offers the required site design and building design improvements that will continue to enhance the community's aesthetics in the area. The staff recognizes that automotive repair can be a fairly intense use. However, the applicant's plan will afford the surrounding properties with assurances of landscape buffering, quality fencing, and unobtrusive business hours. As a result, the Commission determined to place this item on the consent agenda. Jay Bernas: Thank you Commissioner Russo. I would like to make a motion to approve agenda item 19. Donald Horsley: Second. Joseph Strange: A motion has been made and seconded to approve item 19. Item #19 Gary C. Kimnach c/o Beach Auto Page 2 AYE 11 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 19. In Reply Refer To Our File No. DF -7547 TO: Mark D. Stiles ��\\ FROM: B. Kay Wilsorf' t CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 14, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Gary C. Kimnach c/o Beach Auto The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 26, 2010. 1 have reviewed the subject proffer agreement, dated December 21, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen✓ This Document Prepared by: Williams Mullen Tax [DH: 2417 43 6901 0000, 2417 43 6991 0000, 2417 44 6080 0000, 2417 44 5020 0000 PROFFER AGREEMENT THIS PROFFER AGREEMENT made this _� �1- day of . �w, 2009, by and between GARY C. KIMNACH ("Kimnach"), WILLIAM D. FRIERSON, III and GRACE A. FRIERSON ("Frierson"), DONALD S. CLARKE and PRICE M. CLARK.E ("Clarkes"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the first part (collectively, "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part ("Grantee"). WITNESSETH: WHEREAS, Grantor is the -owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, Grantor has initiateda conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia (the "Zoning Map"), by petition addressed to Grantee so as to change the Zoning Classification of the Property from designations R-10 Residential District and B-1 Neighborhood Business District to Conditional I-2 Heavy Industrial District; and WHEREAS, 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, Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by Grantor's proposed rezoning, certain reasonable conditions governing the use 7152834 3MC 1 of the Property for the protection of the community that are generally applicable to land similarly zoned are needed to resolve the situation to which Grantor's rezoning application gave rise; and WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before Grantee, as part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. Permitted Uses. When the Property is developed, it shall only be used for automotive repair, officelwarehouse, and bulk storage, with such office use being limited to serving the automotive repair business conducted on-site. 2. Prohibited Uses. All other uses not listed in Paragraph 1 herein shall be prohibited. 71$2U4 3.DM 2 3. Design. When the Property is developed, it will be developed in compliance with the following design requirements: a. Exterior walls of the building shall be finished with glass as approved by the Grantee, with 100% brick on the front of the building and a minimum of 50% brick on the sides, and prefinished stucco wall panels (stucco wall systems) on the remainder of the exterior. b. All on-site electrical, telephone, and other utility lines shall be underground and shall not be exposed on the exterior of any building or improvements. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from the street and from buildings on other sites and shall be architecturally treated in a manner acceptable to Grantee. c. Location of the proposed building and parking areas shall be in accordance with the proffered plans entitled Building Elevations Auto Service Building Beach Automotive Service Center South Birdneck Road at Jackson Road, Virginia Beach, Virginia dated October 12, 2009 and prepared by William M. Verebely, Jr. as exhibited to the Virginia Beach City Council and on file in the Virginia Beach Planning Department. A total of eight parking spaces shall be permitted between the building and South Birdneck Road. Service areas, loading areas, and repair bays shall not be located between the building and South Birdneck Road. d. The free-standing sign shall be a monument style sign, with the base constructed of materials used on the building. The free-standing sign shall be no larger than forty (40) square feet per face and no taller than six (6) feet from grade at its highest point. 4. Further conditions may be required by Grantee during detailed Site Plan review and administration of applicable codes and ordinances of the City of Virginia Beach, Virginia n 52W—s.DM 3 ("City Code"), by all cognizant city agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-10 Residential, B-1 Neighborhood Business, and I-2 Heavy Industrial Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia (the "Zoning Ordinance") in force as of the date of approval of this agreement by the Virginia Beach City Council, which are by this reference incorporated herein. The above conditions, having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee that was advertised pursuant to the provisions of Sections 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. Grantor covenants and agrees that: 7152834 3.DOC 4 1. The Zoning Administrator of the City of Virginia Beach, Virginia (the "Zoning Administrator") 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 all such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of each Grantor and Grantee. [SIGNATURE PAGES FOLLOW.] 7152834 3.DOC 5 y WITNESS the following signatures and seals, made a of the da , first en above: GRANTOR PARCEL 1, PARCEL, 2, (SEAL) PARCEL 3 AND PARCEL 4: /G7. Kimnach COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH , to -wit: The foregoing instrument was acknowledged before me this21Stday of December , 2009, by Gary C. Kimnach, who is personally known to me or has produced satisfactory identification. Notary Public Commission Expires: May 31, 2010 Registration Number: 192965 7152s34_3Aoc 6 GRANTOR PARCEL 1, PARCEL 2 AND PARCEL'): COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH , to -wit: l (J EAL) illiam D. Fnerson, III )Lew f - -,Uh '.{SEAL) Grace A. Frierson The foregoing instrument was acknowledged before me this 21 s Clay of December , 2009, by William D. Frierson, III, and Grace A. Frierson, who are personally known to me or have produced satisfactory identification. Cornmission Expires: Registration Number: May 31, 2010 192965 7152SU IDOC 7 GRANTOR PARCEL 3: COMMONWEALTH OF VIRGINIA. CITY OF Virginia Beach , to -wit: (SEAL) onaldS. Clarke rD44 A (SEAL) Price M. Clarke The foregoing instrument was acknowledged before me this 21Stday of December , 2009, by Donald S. Clarke, and Price M. Clarke, who are personally known to me or have produced satisfactory identification. Commission Expires: Registration Number: May 31, 2010 192965 Notary Public 71528343,E" 8 GRANTOR PARCEL 4: Approved as to form and accepted. CITYF VI B ACH, VIRGINIA By: Name: , �fl t.. • � A t1S•Qi Title: cQv. C % y� t-,'\C'r Attest: qci Cl 0Xr t: COMMONevt EALTH OF VIRGINIA, 1 CITY OF 1 to -wit: A�for oing instrument was acknowledged before me thisA_# day of 2009, by add I. Jgki6o / , the C ager/Designee, who s personally known to me or has produced satisfactory identification. Q__� - Notaryjtuoic Commission Expires: NOWY Mk COMMmweWoh of VWSMio Registration Number: Ay CAMW-ift b0ft 0K 31, 2010 6pblre00n 1324416 COMMONA.LTH OF VIRGINIA, CITY OF to -wit: The regoing instrument was acknowledged before me this aCL day of 2009, by i Clerk or her designee, who is personally known tome or has produced satisf tarn identification. Commission Expires: Registration Number: Notary NWWYPUM a lh Commwok" AVCWM"Mh0knGc31,1010 lbek' k" 032"16 715n343.DM 9 EXHIBIT "A" LEGAL DESCRIPTIONS Parcel I.- ALL : ALL THAT lot, piece or parcel of land with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia (formerly Chatham District of Princess Anne County), containing three-fourths (3/4) of an acre, more or less, and bounded on the south and west by the lands now and formerly of Alexander Keys, on the north by land now and formerly of Jannet Cleland and on the east by the Chatham public road, and more particularly described as follows: BEGINNING at a pin on the northwest corner of the intersection of Moore Avenue and Seatack Road and running 70 feet in a northerly direction along the western boundary of Seatack Road to a pin; thence proceeding in a westerly direction 115 feet to a point; thence turning and running in a southerly direction 70 feet, more or less, to the northern boundary of Moore Avenue; thence turning and running in an easterly direction 115 feet along the northern boundary of Moore Avenue to a pin marking the point of beginning. LESS AND EXCEPT that certain portion of the property conveyed to the City of Virginia Beach, by deed of Wallace J. Drake and Gracie H. Drake, dated September 16, 1988, and recorded in the aforementioned Clerk's Office in Deed Book 2770, at page 1363; and LESS AND EXCEPT that certain portion of the property taken by the City of Virginia Beach for roadway projects as described in a Certificate of Take, recorded on December 15, 2005, as Instrument Number 20051215002012100. IT BEING the same property conveyed unto William D. Frierson, III and Grace A. Frierson, husband and wife, by deed of Leslie Gibbs and Daniel Gibbs dated February 22, 2006, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20060227000307620. Parcel 2: ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia (formerly Chatham District of Princess Anne County, bounded on the south by Moore Avenue and on the east by the property of David S. Whitehurst and more particularly described as follows: BEGINNING at a point on the northern side of Moore Avenue which said point is North 82 degrees 10 minutes west 115 feet from the northwest comer of Seatack Road and Moore Avenue; thence from this point of beginning North 82 degrees 10 minutes west 61.7 feet to a pin; thence north 18 degrees 45 minutes east 70.62 feet to a pin; thence south 82 degrees 10 minutes east 61.7 feet to a point; thence south 15 degrees 41 minutes west 70 feet, more or less, to the point of beginning on the northern side of Moore Avenue. IT BEING a portion of the same property conveyed to William D. Frierson, III and Grace A. Frierson, husband and wife, by Deed of Conveyance and Correction from Leslie Gibbs and 1152874 3.DOC 10 Daniel Gibbs, dated March 5, 2007 and recorded August 12, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20090812000947430. Parcel 3: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and beginning at a point which point is on the Southeast side of the intersection of the boundary line of this property and the property now or formerly Hill Moss, which point of the beginning, and running thence along South Birdneck Road North 200 16 minutes east 118.45 feet to a point which point is also on the Southwest side of the said Birdneck Road, and turning and running thence North 82° 10 minutes west 174.9 feet to a pin; thence turning and running South 18° 45 minutes west 117.79 feet to a pin; thence turning and running South 82° 10 minutes 171.7 feet to the point of beginning on the said South Birdneck Road, and being further shown as "Plan of Property of Joseph Durphy, Seatack, Lynnhaven Borough, Virginia Beach, Virginia, November 3, 1970, W. B. Gallup Surveyor." IT BEING the same property conveyed to Donald S. Clarke and Price M. Clarke, and William D. Frierson, III and Grace A. Frierson, married, by Deed from Andrew Joseph and T. Reid Pocock, Jr., dated October 23, 2001, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4533, Page 1398. Parcel 4: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Parcel 137, described as being bounded on the north, east, south and west by the lines marked "PROPOSED ACQUISITION LINE", as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR BIRDNECK ROAD ROADWAY PROJECT AND THE APZ- I/CLEAR ZONE ACQUISITION PROGRAM BY THE CITY OF VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20071025001445450. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Stephen B. Quick, III, Corp., a Virginia corporation, dated November 2, 2007, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, as Instrument Number 2007I116001541900. 7152834_3.DX I I ;.-,Slc a I - I / I rr I a �e�. ;rb modrtication of Conditions S Nw°�c f % CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ST. LUKE CATHOLIC CHURCH / CATHOLIC DIOCESE OF RICHMOND Modification of Conditions, previously approved by City Council on January 9, 1989 and November 27,1990, 2304 Salem Road. PRINCESS ANNE DISTRICT. MEETING DATE: January 26, 2010 ■ Background: The Conditional Use Permit permitting this church was approved by the City Council on November 27, 1990. The church is requesting to modify the conditions of that Use Permit for the purpose of adding portable classrooms behind the existing building. The plan approved with the Use Permit in 1990 did not depict the portable classrooms ■ Considerations: The church proposes to add three portable classrooms, which were acquired from Star of the Sea Catholic Church at the Oceanfront. The trailers will be located behind the church. These temporary trailers will be used for instruction of young parishioners and as an office for the pastor and volunteers. This location for the portable units is far from the right-of-way of Salem Road and not visible by passing motorists traveling on Salem Road and from nearby homes. Since the intent of the portable structures is to fill a temporary need for the church, it is recommended that the application be approved with a time limit of five years, which is included in the conditions listed below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: All conditions with of the Conditional Use Permit granted by the City Council on November 27, 1990 shall remain in effect. 2. The cabana and the portable structures, limited to three, shall be located on the site only as depicted on the plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH," dated September 30, 2009. St. Luke Catholic Church Page 2of3 3. The portable structures shall have skirting around the entire base of each building to screen the under -carriage of the unit. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. 5. The portable structures are considered temporary and shall be permitted on the site for no longer than five years from the date of approval by City Council. After that time, the structures shall be removed. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department l�✓ City Manage . E' "a6w-a2' 11 December 9, 2009 Public Hearing APPLICANT: ST. LUKE CATHOLIC CHURCH PROPERTY OWNER: CATHOLIC DIOCESE OF RICHMOND STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for a church approved by the City Council on January 1, 2007. ADDRESS / DESCRIPTION: 2304 Salem Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14841531360000 PRINCESS ANNE 8.62 acres Less than 65 dB DNL The Conditional Use Permit permitting the church was SUMMARY OF REQUEST approved by the City Council on November 27, 1990. The Conditional Use Permit has three (3) conditions, which have been met: 1. Only one entrance shall be allowed off of Salem Road to this site. 2. Right and left turn lanes may be required with the development of this site. 3. Site plan must be modified to show an area for construction of a wet pond to handle stormwater runoff in accordance with the Stormwater Management Ordinance. ST. LUKE CATHOLIC CHURCH Agenda Item 11 Page 1 The church proposes to add three portable classrooms, which were acquired from Star of the Sea Catholic Church at the Oceanfront. The trailers will be located behind the church. These temporary trailers will be used for instruction of young parishioners and as an office for the pastor and volunteers. A cabana is also proposed for use during parish picnics. The plan approved with the Use Permit in 1990 did not depict either the portable classrooms or the cabana; thus, this Modification of Conditions is sought to add these items. LAND USE AND ZONING INFORMATION EXISTING LAND USE: church with parking lot and parsonage SURROUNDING LAND North: . Field, grass, single-family dwelling / R-15 Residential District USE AND ZONING: South: . Salem Road • Single-family dwelling / / R-15 Residential District East: . Field, grass / R-15 Residential District West: . Field, grass, single-family dwelling / R-15 Residential District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. There do CULTURAL FEATURES: not appear to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Salem Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The MTP proposes a divided facility with bikeway and scenic buffer within a 150 foot right-of-way. A CIP project is proposed for Salem Road in the vicinity of this site. Salem Road — Transition Area Network (CIP 2-507) is for the construction of a four -lane divided roadway from Elbow Road to North Landing Road. The improvements also include landscaping, aesthetic enhancements, multi -use paths, and bike lanes. This project is currently on the "Requested But Not Funded" Project Listing. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Salem Road 3,320 ADT 13,600 ADT (Level of Existing Land Use — Service "C") —16,200 Sunday 740 ADT ADT' (Level of Service Proposed Land Use 3- "E" Sunday 740 ADT Average Daily Trips : as defined by church s as defined by addition of 3 portable classrooms — no change expected ST. LUKE CATHOLIC CHURCH Agenda Item 11 Page 2 WATER & SEWER: This site is already connected to City water and sewer. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Evaluation: Staff finds that the location of the proposed portable structures is acceptable. This location is well off of the right-of-way and out of sight from passing motorists traveling on Salem Road and from the nearby residences. Since the intent of the portable structures is to fill a temporary need for the church, it is recommended that the application be approved with a time limit of five years, which is included in the conditions listed below. CONDITIONS 1. All conditions with of the Conditional Use Permit granted by the City Council on November 27, 1990 shall remain in effect. 2. The cabana and the portable structures, limited to three, shall be located on the site only as depicted on the plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH," dated September 30, 2009. 3. The portable structures shall have skirting around the entire base of each building to screen the under- carriage of the unit. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. 5. The portable structures are considered temporary and shall be permitted on the site for no longer than five years from the date of approval by City Council. After that time, the structures shall be removed. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. ST. LUKE CATHOLIC CHURCH Agenda Item 11 Page 3 AERIAL OF SITE LOCATION ST. LUKE CATHOLIC CHURCH Agenda Item 11 Page 4 n. 1 I, % 1%% ' I 7 % it's► �& .�ilk I I IIIT �% 48 lift! N 0*4' LC VOTA PROPOSED SITE PLAN ST. LUKE CATHOLIC CHURCH Agenda Item 11 Page 5 ! ! ff I � r i � S• P 'lip.. v .• CUP (indoor & outdoor recreation Granted 05/27/97 Change02/03/09 .... -. . . 11/25108 Change of Zoning (R-1 5 & AGA _to� Granted 08/27/07 .. Overlay) ..- ....... -. v .. . -. 11/27/90 CUP (school school & social center) Granted ,.:.Granted ST. LUKE CATHOLIC CHURCH AgendaItem11 Rage 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) CAMAOI .IC, VIOcfsE GIF R1C,14r4a4A FR �� S X .17tt.c�Eu21) 2. List all businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entttyZ relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & see next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? MoMcaew a k:anftwa Paps 10 d 11 RrAud 7/3107 ST. LUKE CATHOLIC CHURCH Agenda Item 11 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) /I.WlalL�-thi4e' /uo01.-?r7 y S dj ' 'Parent -subsidiary relationship' means 'a relationship that a xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z 'Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be con skWed 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 some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. r Modification of Conditions Appkabon Pape 11 or 11 Revised 7/3r2W7 Print Name Frcnc;s X. P"Lor"enzo Print Name ST. LUKE CATHOLIC CHURCH Agenda Item 11 Page 8 Item #11 St. Luke Catholic Church Modification of Conditions 2304 Salem Road District 7 Princess Anne December 9, 2009 CONSENT Joseph Strange: The next item is item 11. An application of St. Luke Catholic Church for a Modification of Conditions previously approved by City Council on January 9, 1989 and November 7, 1990 on property located at 2304 Salem Road, District 7, Princess Anne, with five conditions. Marcial Marcelo: Good afternoon Mr. Strange. Madame Chair? Janice Anderson: Welcome. Marcial Marcelo: I'm Marcial Marcelo, Facilitator for St. Luke's Catholic Church. I have read all the conditions written in the agenda, and we accept them. Joseph Strange: Thank you. 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 Joe. Gene, I got to add my comments. For the past four years, I just want to tell you personally you have developed into a very good friend. Professionally, I want to thank you for all the expertise that you bring to this Committee on the Planning Commission. And I know that I'm speaking for everyone else in here who has known you and most of them have known you longer than I have. I want to thank you for your services, and as a friend. Eugene Crabtree: Thank you. Al Henley: Thank you. The church is located at 2304 Salem Road, Modification of a Conditional Use Permit for a church approved by City Council on January 1, 2007. The church proposes to add three portable classrooms. The trailers will be located behind the church. These temporary trailers will be used for instruction of young parishioners as well as office for the pastor and volunteers. A cabana is also proposed for use during the parish picnics. The plan approved for the Use Permit in 1990 did not depict either the portable classrooms or the cabana. This modification of conditions is sought to add these items. Staff recommends approval. Therefore, the Planning Commission has placed this item on the consent agenda. Thank you. Joseph Strange: Thank you Al. Madame Chairman, I make a motion to approve agenda item 11. Item #11 St. Luke Catholic Church Page 2 Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 11 for consent. i N. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION O. UNFINISHED BUSINESS NEW BUSINESS 1. ABSTRACT OF VOTES —Special Election of January 12, 2010 ABSTRACT OF VOTES Cast in the City of Virginia Beach, Virginia, at the January 12, 2010 Special Election, for: MEMBER SENATE OF VIRGINIA 8th District NAMES OF CANDIDATES AS PRINTED ON BALLOT William W. 'Bill' Fleming - D Jeff L. McWaters - R Total Write-in Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-ins + Invalid Write -Ins = Total Write -In Votes] . ........................................_....... Total Number of Overvotes for Office ..- .................... .................................. TOTAL VOTES RECEIVED (IN FIGURES 2.185 8,052 9 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on January 12, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 12th day of January, 2010. A copy tests. Electoral Board seal Chairman ce Chairman , Secretary Ictoral Board Q. ADJOURNMENT 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 1/26/10gw www.vbgoy.com CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING: SUMMARY OF COUNCIL ACTIONS GREEN RIBBON COMMITTEE Barry DATE: 1/12/2010 Frankenfield, PAGE: 1 D S Manager, E D H E V W AGENDA D S I E J S U A I ITEM # SUBJECT MOTION VOTE A T E D N O S H C L W V E Z Y L N O R A S O Y 1 P E E E E M I N O O S H L R Y S S N T N D I/A CITY COUNCIL BRIEFING: GREEN RIBBON COMMITTEE Barry Frankenfield, Manager, Strategic Growth Area 11/I MN CERTIFICATE OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y - Y Y NI.E F -I MINUTES — December 8, 2009 APPROVED 10-0 Y Y Y Y Y Y Y Y - Y Y G/IVI PUBLIC HEARINGS: SHORT-TERM RENTAL PROPERTY - NO SPEAKERS TAXATION 2 SALE OF EXCESS PROPERTY NO SPEAKERS 1289 Ferry Point Road 3 TAX EXEMPT ORGANIZATIONS NO SPEAKERS a. Aware Worldwide, Inc. b. Dolphin Scholarship Foundation c. Eden Family Institute d. Mereland L. Cook Sr. Foundation e. Mother Seton House, Inc. f. Neighbor to Family, Inc (NTF) g. New Jerusalem Church of God in Christ h. Prostate Cancer International, Inc. i. Pungo Strawberry Festival, Inc. j. Sought Out, Inc. k. Susan G. Komen Tidewater 1. Together We Can Foundation m. Youth Foundation of Virginia Beach UJ/I Ordinances to AMEND the City Code: DEFERRED TO 10-0 Y Y Y Y Y Y Y Y - Y Y 1/26/10, BY a. §23-50.1 re penalty failure to comply CONSENT in removal of trees b. §35-252 to define Short -Term Rental ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y Tax CONSENT 2/a Ordinances to EXEMPT organizations: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y Real/Personal Property Taxes: CONSENT 1. New Jerusalem Church of God In Christ CITY OF VIRGINL4 BEACH Personal Property Taxes: SUMMARY OF COUNCIL ACTIONS 2b ADOPTED, BY 10-0 Y Y Y Y Y DATE: 1/12/2010 Y Y - Y Y 1. Aware Worldwide, Inc. CONSENT PAGE: 2 D S 2. Dolphin Scholarship Foundation E D H E V W AGENDA D S I E J S U A I ITEM # SUBJECT MOTION VOTE A T E D N O S H C L W V E Z Y L N O R A S O T I P E E E E M I N O O S H L R Y S S N T N D Personal Property Taxes: 2b ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y 1. Aware Worldwide, Inc. CONSENT 2. Dolphin Scholarship Foundation A 3. Eden Family Institute B 4. Mereland L. Cook Sr. Foundation S 5. Mother Seton House, Inc. T 6. Neighbor to Family, Inc (NTF) A 7. Prostate Cancer International, Inc. I 8. Pungo Strawberry Festival, Inc. N 9. Sought Out, Inc. E 10. Susan G. Komen Tidewater D 11. Together We Can Foundation #6 3 Ordinance DECLARING property ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y EXCESS a@ Ferry Plantation Road CONSENT AUTHORIZING City Manager to to sell/convey to Manousos Enterprises, Inc. 4 Ordinance to AUTHORIZE encroachment ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y into a portion of City -owned r -o -w for CONSENT PEDRO F. / MELLESSA M. BECERRA-CELY wharf/boat lift into Pike Inlet at 309 Teal Crescent. DISTRICT 7 — PRINCESS ANNE 5 Resolution in SUPPORT of Safe Route to ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y School (SRTS) re Newtown Road CONSENT Corridor between Haygood /Diamond Springs Roads near Bayside Middle School 6 Resolution to SUPPORT Transit Extension REMOVED 10-0 Y Y Y Y Y Y Y Y - Y Y Study, HOLD IN ABEYANCE FROM AGENDA construction of the light rail BY project/URGING/TDCHR to install new CONSENSUS leadership to restore confidence of member localities/citizens inHRT 7 Ordinance to ACCEPT $7,185 from DMV ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y (animal friendly license plates)/provide to CONSENT SPCA 8 Ordinance to APPROPRIATE $47,835 ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y DHNP by the Housing Choice Voucher CONSENT program CITY OF VIRGINIA BEACH Ordinance to ESTABLISH ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Project(TRANSFER $228,000 for TTA CONSENT DATE: 1/12/2010 Master Plan Study encompassing the PAGE: 3 D S Princess Anne area: E D H E V W AGENDA D S I E J S U A I ITEM # SUBJECT MOTION VOTE A T E D N O S H C L W V E Z Y L N O R A S O I P E E E E M I N O O 10-0 S H L R Y S S N T N D 9 Ordinance to ESTABLISH ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y Project(TRANSFER $228,000 for TTA CONSENT Master Plan Study encompassing the Princess Anne area: a. $178,000 from Oceana TTA conformity/acquisition b. $40,000 from for Contingencies C. $10,000 from Open Space L/I CLUB DIESEL (CRAIG ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y DEAN)/PROSPERITY BEACH, LLC: CONSENT Modification of existing Proffer A egr ement approved 2006/2008) to allow outdoor patio/deck/motorcycle parking at 1375 Oceans Boulevard DISTRICT 6 - BEACH DISTRICT 2 NANTUCKET BY THE BAY, LLC: APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Modification of existing Proffer Agreement AS (approved, 2005 and January 22, 2008) to PROFFERED, allow child daycare/future site/building BY CONSENT design at 3762 Shore Drive DISTRICT 4 — BAYSIDE DISTRICT 3 CHURCH OF THE HOLY FAMILY: APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y. Y Modification of Conditions (approved CONDITIONED, 1998) to allow construction of a BY CONSENT Columbarium at 1279 North Great Neck Road DISTRICT 5 - LYNNHAVEN DISTRICT 4 TIDEWATER KOREAN BAPTIST APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y CHURCH: Modification of Conditions CONDITIONED, (approved, 1998/2007) to add second story BY CONSENT to the church at 301 Overland Road DISTRICT 2 - KEMPSVILLE 5 NEW BEGINNING OUTREACH APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y CHURCH/CHIMNEY HILL CENTER CONDITIONED, VIRGINIA BEACH, VA, LP CUP re a BY CONSENT church within an existing shopping center at 945 Chimney Hill Shopping Center, Suite 102 DISTRICT 3 — ROSE HALL 6 HARD CONCRETE CO./MASAG II, APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y LLC CUP re a contractor's storage yard CONDITIONED, at 1528 Centerville Turnpike. BY CONSENT DISTRICT 1 - CENTERVILLE CITY OF VIRGINIA BEACH KLB BUILDERS/LESSEL PARKER for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y COZ from A-12 to R -5S re construction of CONDITIONED, DATE: 1/12/2010 a single-family dwelling at 1145 Carver BY CONSENT PAGE: 4 D S Avenue AGENDA E D H E V W D S I E J S U A I ITEM # SUBJECT MOTION VOTE A T E D N O S H C L W Y V E Z Y L N O R A S O I P E E E E M I N O O S H L R Y S S N T N D 7 KLB BUILDERS/LESSEL PARKER for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y COZ from A-12 to R -5S re construction of CONDITIONED, a single-family dwelling at 1145 Carver BY CONSENT Avenue DISTRICT 6 - BEACH DISTRICT g Ordinance to AMEND CZO re religious APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y uses in the I -1/I-2 Districts CONDITIONED, BY CONSENT M APPOINTMENTS RESCHEDULED B Y C O N S E N S U S COMMUNITY SERVICES BOARD PARKS and RECREATION COMMISSION BIKEWAYS and TRAILS ADVISORY Appointed 10-0 Y Y Y Y Y Y Y Y - Y Y COMMITTEE William E. Hart, Jr. 3 Year Term 7/1/09-6/30/12 PARKS & RECREATION COMMISSION Appointed 10-0 Y Y Y Y Y Y Y Y Y Y Wendy Phelps Unexpired Term thru 8/31/11 Appointed John F. RESORT ADVISORY COMMISSION Malbon 10-0 Y Y Y Y Y Y Y Y - Y Y Preston R. Midgett, R Kenneth C.Taylor Billy Almond Appointed 1 yr. extension of terms to 12/31/12 Appointed David Groth 3 yr term I/l/10- 12/31/12 CITY OF VIRGINIA BEACH ADJOURNMENT: 6:12PM SUMMARY OF COUNCIL ACTIONS PUBLIC COMMENTS TWO DATE: 1/12/2010 Non -Agenda Items SPEAKERS PAGE: 5 D S 6:12-6:20 PM E D H E V W AGENDA D S I E J S U A I ITEM # SUBJECT MOTION VOTE A T E D N O S H C L W V E Z Y L N O R A S O I P E E E E M I N O O S H L R Y S S N T N D N/O/P ADJOURNMENT: 6:12PM PUBLIC COMMENTS TWO Non -Agenda Items SPEAKERS 6:12-6:20 PM