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MARCH 22, 2011 AGENDACITY COUNCIL MAYOR WILLIAMD. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZLL, Kempsville - District 2 ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHN E. UHRIN, Beach -- District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY— MARK D. STILES CITY ASSESSOR -- JERALD D. BANAGAN CITYAUDITOR LYNDONS REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 22 MARCH 2011 I. CITY MANAGER'S BRIEFING -Conference Room - A. BUILDINGS and FLEET MANAGEMENT Phil Davenport, Operations Support Administrator 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 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-43613 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov. co m 4:OOPN[ 5:OOPM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Robertson Pastor Charity United Methodist 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 March 08, 2011 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. ORDINANCES 1. Ordinance to ACCEPT and APPROPRIATE $106,432 from the Virginia Department. of Agriculture and Consumer Services (VDACS) to reimburse the City for a portion of the cost of acquisition of an Agricultural land preservation easement at 4884 Blackwater Road 2. Ordinance to ADD and REORDAIN Article VII, Sections 21-700, 21-701, 21-702 and 21-703 to Chapter 21 of the City Code re automobile demolishers, rebuilders, salvage dealers, etc. effective June 1, 2011 J. PLANNING 1. Variance to Section 4.4(b) of the Subdivision Ordinance for C & C DEVELOPMENT COMPANY, INC. to subdivide two (2) nonconforming duplex lots into three (3) single- family lots at 5207 and 5215 Holly Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Ordinance to EXTEND compliance on behalf of Town Center Associates, LLC to close, vacate and discontinue a portion of Market Street (Block 9) at Town Center DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 4. Application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an automobile service station (fuel sales) at 4625 Shore Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of TAYLOR FARMS LAND CO., INC. for a Conditional Use Permit re a borrow pit at 2297 Harpers Road with access off Dam Neck Road DISTRICT 6 - BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 7. Applications of OCEAN BAY HOMES, INC./SILVER HILL CANAL, LLC Change of Zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District at 1645 Salem Road DISTRICT 1 - CENTERVILLE a. Conditional Change of Zoning b. Floodplain Variance RECOMMENDATION EW, ems 8. Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home at 3453 Robinson Road DISTRICT 7 - PRINCESS ANNE a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway from Robinson Road DEFERRED JANUARY 22, 2011 RECOMMENDATION APPROVAL 9. Application of LEGACY DEVELOPMENT, LLC/FLORIDAYS, LLC for a Conditional Change of Zoning from A-24 to Conditional PD -112 to construct a single family condominium community at 4303 Bonney Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 10. APPEAL of the City Manager's decision to DENY the property owner's request in behalf of RAYMOND L. GOTTLIEB to construct a thirty-four (34) foot wide driveway at 105 501h Street (pursuant to Section 7 of the Site Plan Ordinance). DISTRICT 5 - LYNNHAVEN STAFF RECOMMENDATION K. APPOINTMENTS BOARD OF ZONING APPEALS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT DENIAL If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 29 City Manager presents Proposed Budget to City Council April 6 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption Agenda 03/22/2011 gw www.vbgov.com I. CITY MANAGER'S BRIEFING -Conference Room- 4:OOPM A. BUILDINGS and FLEET MANAGEMENT Phil Davenport, Operations Support Administrator II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - S:OOPM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Robertson Pastor Charity United Methodist 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 March 08, 2011 G. FORMAL SESSION AGENDA H. CONSENT AGENDA No f �70, - P1 JETIM 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. ORDINANCES 1. Ordinance to ACCEPT and APPROPRIATE $106,432 from the Virginia Department of Agriculture and Consumer Services (VDACS) to reimburse the City for a portion of the cost of acquisition of an Agricultural land preservation easement at 4884 Blackwater Road 2. Ordinance to ADD and REORDAIN Article VII, Sections 21-700, 21-701, 21-702 and 21-703 to Chapter 21 of the City Code re automobile demolishers, rebuilders, salvage dealers, etc. effective June 1, 2011 1Z eeq�y 1 r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Agriculture and Consumer Services to Reimburse the City for a Portion of the Cost to Acquire a Preservation Easement MEETING DATE: March 22, 2011 ■ Background: On February 23, 2010 and February 22, 2011, City Council authorized the City Manager to execute an Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services (VDACS). This agreement provided the opportunity to request state funding through the Office of Farmland Preservation that would match local dollars for easements acquired, not to exceed $93,932 and $12,500, respectfully, for the 2010 and 2011 agreements. The goal of each Intergovernmental Agreement was to provide financial assistance for local programs to protect working farm and forested lands. This agenda item requests appropriation of State funding to reimburse some of the costs incurred by the City in December, 2010, for the acquisition of an agricultural land preservation easement. ■ Purpose/Considerations: This item accepts and appropriates a total of $106,432 from VDACS to reimburse the ARP Special Revenue Fund for a portion of the easement value ($331,714) for the Sisters II, LLC property. The Sisters II, LLC farm of 65.47 acres, located at 4884 Blackwater Road, was enrolled in ARP on December 8, 2010. The appropriation will help reimburse the cost of the U.S. Treasury STRIPS that were purchased to fund the principal payment. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: If these funds are not appropriated and accepted, the funding will not be available to reimburse the City for easement acquisition costs. ■ Recommendations: Accept and appropriate State funding from VDACS to the ARP Special Revenue Fund. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO REIMBURSE THE CITY FOR A PORTION OF THE COST TO ACQUIRE A PRESERVATION EASEMENT WHEREAS, the Agricultural Reserve Program (ARP) Special Revenue Fund is eligible for reimbursement from the State for a portion of the $331,714 cost of the agricultural preservation easement for the Sisters II, LLC property. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $106,432 is hereby accepted from the Virginia Department of Agriculture and Consumer Services and appropriated, with estimated state revenues increased accordingly, to the ARP Special Revenue Fund to partially reimburse the City for the acquisition of a preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT M CA11827 R-1 March 9, 2011 Services APPROVED AS TO LEGAL SUFFICIENCY: r y s t9ftice �u'x wY�ij 4 pj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add an Article VII to Chapter 21 of the City Code Pertaining to Automobile Demolishers, Rebuilders, Salvage Dealers, Etc. MEETING DATE: March 22, 2011 ■ Background: This region has seen a surge in auto thefts whereby automobiles are stolen from streets/parking lots and sold to businesses where they are crushed almost immediately. In an effort to prevent the successful processing of stolen vehicles through businesses licensed to purchase vehicles for demolition, the Police Department's Auto Theft Unit has formed the Tidewater Auto Theft Group, which includes representatives from the State Board of Towing and Recovery Operators, the State Police, the Division of Motor Vehicles, insurance companies and police officers from the various Tidewater localities. Enacting an ordinance requiring businesses licensed to crush vehicles to submit daily purchase reports to the Police Department and to hold such vehicles for ten days will allow law enforcement officers the ability to locate stolen vehicles before they are crushed. ■ Considerations: This ordinance will require local businesses licensed to crush automobiles to electronically report the purchase of all such vehicles on a daily basis to the Police Department and to hold such vehicles for a 10 -day period prior to crushing the vehicle. As noted in the ordinance, state law provides several exceptions to the 10 - day hold period; those exceptions include inoperable vehicles and vehicles for which the business has a copy of the title. A violation will be punishable by a fine of $2500. The effective date of this ordinance will be June 1, 2011, in order to give the Police Department time to provide written notification to all licensees and to give those businesses time to comply with the ordinance's requirements. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: �P 1 AN ORDINANCE TO ADD AN ARTICLE VII 2 TO CHAPTER 21 OF THE CITY CODE 3 PERTAINING TO AUTOMOBILE 4 DEMOLISHERS, REBUILDERS, SALVAGE 5 DEALERS, ETC. 6 7 SECTIONS ADDED: §§ 21-700, 21-701, 21- 8 702 AND 21-703 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 21-700, 21-701, 21-702 and 21-703 of the Code of the City of 14 Virginia Beach, Virginia, are hereby added and reordained to read as follows: 15 16 ARTICLE VII VEHICLE DEMOLISHERS, REBUILDERS, SALVAGE DEALERS, ETC. 17 18 Sec. 21-700. Daily reports to police department. 19 20 All persons engaged in a business requiring a license under the provisions of 21 46.2-1601 of the Code of Virginia shall make a daily electronic report to the police 22 department regarding the purchase exchange or acquisition of all salvage or scrap 23 vehicles. 24 25 Sec. 21-701. Contents of daily reports; reporting time. 26 27 (a) Each daily electronic report shall contain the information mandated for 28 maintenance under the provisions of 46.2-1608 of the Code of Virginia. 29 (b) Each daily electronic report shall be submitted to the police department no 30 later than -1 0-00 a.m. on the day after the vehicle purchase. 31 32 Sec. 21-702. Holding period. 33 34 No person required to be licensed under the provisions of 46.2-1601 of the Code 35 of Virginia or his employee or agent shall crush flatten, or otherwise reduce a vehicle 36 to a state where it can no longer be considered a vehicle until the vehicle has been in 37 his possession for 10 days unless otherwise exempted under Chapter 16 of Title 46.2 of 38 the Code of Virginia. 39 40 Sec. 21-703. Penalty. 41 42 Any violation of this Article shall be punishable by a fine of $2,500. 43 44 The effective date of this ordinance shall be June 1, 2011. 45 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT artment W;11� 'c --• CA 11799 R-3 March 10, 2011 APPROVED AS TO LEGAL SUFFICIENCY: PLANNING 1. Variance to Section 4.4(b) of the Subdivision Ordinance for C & C DEVELOPMENT COMPANY, INC. to subdivide two (2) nonconforming duplex lots into three (3) single- family lots at 5207 and 5215 Holly Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Ordinance to EXTEND the date on behalf of Town Center Associates, LLC for compliance to close, vacate and discontinue a portion of Market Street (Block 9) at Town Center DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 4. Application of KROGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an automobile service station (fuel sales) at 4625 Shore Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of TAYLOR FARMS LAND CO., INC. for a Conditional Use Permit re a borrow pit at 2297 Harpers Road with access off Dam Neck Road DISTRICT 6 - BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 7. Applications of OCEAN BAY HOMES, INC./SILVER HILL CANAL, LLC change of zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District at 1645 Salem Road DISTRICT 1 - CENTERVILLE a. Conditional Change of Zoniniz b. Floodplain Variance RECOMMENDATION APPROVAL Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home at 3453 Robinson Road DISTRICT 7 - PRINCESS ANNE a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway from Robinson Road DEFERRED JANUARY 22, 2011 RECOMMENDATION APPROVAL 9. Application of LEGACY DEVELOPMENT, LLC/FLORIDAYS, LLC for a Conditional Change of Zoning from A-24 to Conditional PD -112 to construct a single family condominium community at 4303 Bonney Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 10. APPEAL of the City Manager's decision to DENY the property owner's request in behalf of RAYMOND L. GOTTLIEB to construct a thirty-four (34) foot wide driveway at 105 50th Street (pursuant to Section 7 of the Site Plan Ordinance). DISTRICT 5 - LYNNHAVEN STAFF RECOMMENDATION DENIAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, March 22, 2011, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT Robert L. Nelson and Barbara N. Gray T/A West Landing Marine Application: Modification of Conditional Use Permit at 2748 West Landing Road (GPIN 1492620072). Wildlife Response, Inc. Application: Conditional Use Permit for a wildlife rehabilitation center at 3592 Indian River Road (GPIN 1483386300). LYNNHAVEN DISTRICT C & C Development Company, Inc. Application: Subdivision Variance at 5207 & 5215 Holly Road (GPIN 2418797339; 2418797480). Legacy Development, LLC/Floridays, LLC Application: Conditional Change of Zoning from A-24 to Conditional R-513 with PDH Overlay at 4303 Bonney Road (GPIN 1477829949). Comprehensive Plan - Suburban Area. Raymond L. Gottlieb 105 50th Street (GPIN 24188879700000). Appeal of the City Manager's Decision pursuant to Section 7 of the Site Plan Ordinance (Denial of the property owner's request to construct a 34 foot wide driveway). CENTERVILLE DISTRICT Ocean Bay Homes, Inc./Silver Hill Canal, LLC Application: Conditional Chane of Zonin from Conditional B-2 Community Business to Conditional A-12 Apartment at 1645 Salem Road (GPIN 1475842793; 1475749833; 1475757276).. Comprehensive Plan - Suburban Area. Ocean Bay Homes, Inc./Silver Hill Canal, LLC Application: Floodplain Variance from Conditional B-2 Community Business to Conditional A-12 Apartment at 1645 Salem Road (GPIN 1475842793; 1475749833; 1475757276). Comprehensive Plan - Suburban Area. BAYSIDE DISTRICT Kroger Limited Partnership I, Application: Conditional Use Permit for an automobile service station at 4625 Shore Drive (GPIN 1479565947).. BEACH DISTRICT Taylor Farms Land Co., Inc. Application: Conditional Use Permit for a borrow pit at 2297Harpers Road (GPIN 2405665160). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http:"www.vbgov.com/pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: MARCH 6 & 13, 2011 22252237 t W� KO 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C & C DEVELOPMENT COMPANY, INC., Subdivision Variance, 5207 & 5215 Holly Road (GPIN 2418797339; 2418797480). LYNNHAVEN DISTRICT. MEETING DATE: March 22, 2011 ■ Background: Existing Lots: This site contains two existing lots, Lots 13-A and 14-A. The lots are zoned R -5R Residential Resort District. se RtDistrict hese legallylts single - created lots family dwellings and duplexes on the lots. However, are non -conforming to certain current minimum lot requirements. A site plan has been approved for the construction of a duplex on each of the existing lots. The Board of Zoning Appeals granted a side -yard variance when adjacent to a street (Holly Road), setback variance for existing Lot 14-A. An adjacent property owner has filed an appeal with the Circuit Court concerning the Boards approval. Proposed Lots: It is the intent of the applicant to subdivide the existing two lots into three single-family lots, Lots 13-A-1, 13-A-2 and 14-A-1. lot area requirements 2 (the middle lot) does not meet the minimum lot width o of the district and a variance is required. r lot Proposed Lot 13-A-1 (the corner ner lot does not meet the requirement at requirement. The existing corner is also non -conforming. Since the none cnformlot width is not reqbeing increased Lot 13-A-1 does not require a variance to t The applicant submitted a site layout plan showing that the proposed structures will meet all setback requirements with the exception of Lot 13-A-1 the corner lot. Lot 13-A-1 will need a variance to the side -yard setback when adjacent to a street (53`d Street) from the Board of Zoning Appeals. item 50.00'�13,963 39.63'* 50.37' Lot Width in feet 50.00' Lot Area in square feet 5,000 SF 5,000 SF SF* 5,000 SF *Variance required C & C Development Company, Inc. Page 2 of 2 ■ Considerations: The request is to subdivide two non -conforming duplex lots that are 33 percent deficient in lot width and 30 percent deficient in lot area into three single lots with one of the lots (Lot 13-A-2) beingindicates 34f6 and 34 4 per1 percent deicient in lot cth and ent t lotlot area. coverage, The duplex lots approved site plan while the single-family Lot 13-A-2 would have lot coverage of 32 percent. The subject proposed lot will not be in keeping with the character of the area concerning lot size. However, there is a reduction in the percentage of deficiency in lot requirements and lot coverage between the existing duplex lots and the subject lot. The number of dwelling units is also being reduced. In addition, the single-family use will be in keeping will the adjoining single-family homes and the predominately single-family character of the immediate area. Staff recommends approval of this request with the conditions below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed ttosrecommend approval ois item on the Consent fthisaequest to the , passing a motion by a recorded vote of 11 , City Council with the following conditions: 1. The site shall be developed substantially in accordance with the submitted subdivision and layout plan entitled "Subdivision Variance Exhibit," dated 03/25/10 and prepared by WPL, Inc. and the rendering entitled "Proposed Street Elevation." Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. If the Board of Zoning Appeals does not grant the required sideyard, when adjacent to a street, variance for proposed Lot 13-A-1 a revised layout plan and rendering must be submitted be referred urrent back to the staff who will determine if this request needs to Planning Commission. ■ 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 S City Manager: � '� LYNNFL417EN Subdivision Variance 1 February 9, 2011 Public Hearing APPLICANT / PROPERTY OWNER: C & C DEVELOPMENT COMPANY, INC. STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires that all newly created lots meet all the requirements of the City Zoning Ordinance. The applicant desires to subdivide two nonconforming duplex lots into three single family lots. A subdivision variance is needed to create Lot 13-A-2, which does not meet lot width. ADDRESS / DESCRIPTION: The properties are located at 5207 and 5215 Holly Road. GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2418-79-7339-0000 LYNNHAVEN 13,250 square feet 65-70 dB DNL 2418-79-7480-0000 Sub Area 3 SUMMARY OF REQUEST Existing Lots: This site contains two existing lots, Lots 13-A and 14-A. These lots were created by resubdividing previous plated Lots 13 and 14 and a closed portion of a rear 15 -foot alley. The lots are zoned R -5R Residential Resort District. The R -5R District permits single-family dwellings and duplexes on these lots. However, these legally created lots are non -conforming to certain current minimum lot requirements. Existing Lot 14-A does meet the minimum lot area requirement, but does not meet the corner lot width requirement for single-family and does not meet the minimum lot width or lot area requirement for a C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 1 duplex. Lot 13-A does not meet the minimum lot width or lot area requirement for a duplex, but does meet the minimum lot requirements for a single-family dwelling. A site plan has been approved for the construction of a duplex on each of the existing lots. The Board of Zoning Appeals granted a side -yard variance when adjacent to a street (Holly Road), setback variance for existing Lot 14-A. An adjacent property owner has filed an appeal with the Circuit Court concerning the Boards approval. Proposed Lots: It is the intent of the applicant to subdivide the existing two lots into three single-family lots, Lots 13-A-1, 13-A-2 and 14-A-1. However, Lot 13-A-2 (the middle lot) does not meet the minimum lot width or lot area requirements of the district and a variance is required. The proposed Lot 13-A-1 (the corner lot) does not meet the corner lot width requirement. The existing corner lot does not meet the requirement and is also non -conforming. Since the non -conformity is not being increased Lot 13-A-1 does not require a variance to the lot width requirement. The applicant has submitted a site layout plan showing that the proposed structures will meet all setback requirements with the exception of Lot 13-A-1 the corner lot. Lot 13-A-1 will need a variance to the side - yard setback when adjacent to a street (53`d Street) from the Board of Zoning Appeals. An 18 -foot setback is required and a 10.25 foot setback has been shown. Item Reauimd Lot 13-A-1 Lot 13-A-2 Lot 14-A-1 Lot Width in feet 50.00' 50.00' 39.63'* 50.37' Lot Area insquare feet 5,000 SF 5,000 SF 3,963 SF* 5,000 SF *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant/ R -5R Residential Resort District SURROUNDING LAND North: . 53rd Street USE AND ZONING: 0 Duplexes / Single-family homes / R -5R Residential Resort District South: . Single-family homes / R -5R Residential Resort District East: . Single-family home / R -5R Residential Resort District West: 0 Holly Road • Single-family homes / R -5R Residential Resort District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Focus Area 7, North Beach. This area is located on both sides of Atlantic Avenue from 42nd Street to 89th Street. It is characterized by a compact arrangement of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions along with parking and circulation issues. This area also contains some significant historic structures. Y C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 2 The overriding objective of the Suburban Area policies is to protect the predominately suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all development proposals to either maintain or enhance the existing neighborhood through compatibility with surrounding uses and attractiveness of the site and buildings. All new uses are to be compatible in type, size, and intensity to the existing area. IMPACT ON CITY SERVICES WATER: These sites must connect to City water. There is an eight inch City water line in Holly Road. SEWER: These sites must connect to City sanitary sewer. There is an eight inch City sanitary sewer line in Holly Road. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION The applicant is requesting to subdivide two non -conforming duplex lots that are 33 percent deficient in lot width and are 30 percent deficient in lot area into three single lots with one of the lots (Lot 13-A-2) being 21 percent deficient in lot width and lot area. In addition, as per the approved site plan, the duplex lots would have 34.6 and 34.4 percent lot coverage, while the single-family lot in question would have lot coverage of 32 percent. C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 3 The subject area is a mixture of single-family dwellings and duplexes, with the immediate area being predominately single-family. The subject proposed lot will not be in keeping with the character of the area concerning lot size. However, there is a reduction in the percentage of deficiency in lot requirements and lot coverage between the existing duplex lots and the subject lot. The number of dwelling units is also being reduced. In addition, the single-family use will be in keeping will the adjoining single-family homes and the predominately single-family character of the immediate area. The submitted rendering shows a more traditional type of dwelling than the approved duplexes, which is also more in keeping with the adjoining single-family homes and the immediate area. Therefore, this request is in keeping with the objectives of the Comprehensive Plan for this area and is acceptable. Staff recommends approval of this request with the conditions below. CONDITIONS The site shall be developed substantially in accordance with the submitted subdivision and layout pl n entitled "Subdivision Variance Exhibit," dated 03/25/10 and prepared by WPL, Inc. and the rendering entitled "Proposed Street Elevation." Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. If the Board of Zoning Appeals does not grant the required sideyard, when adjacent to a street, variance for proposed Lot 13-A-1 a revised layout plan and rendering must be submitted to the Current Planning staff who will determine if this request needs to be referred back to the Planning Commission. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 4 r e •aa •�a r•i kc� 5+ •� v.i �s.an •t!• .y 1i � ! � til ��i� ��I 1 u ': kLli'tl 11 ;tilt Ift� 1 111 ! t 97+ ° ifa°Y! Ilii°I I om,11V= n i rn x�wotiwt■alvz� urnswnoel j111ii, N lot.--'-eqw•�'�m BM 3J MYA N067ANRf1C - l i I!��,,u;i• if�gqt'gg� a e,¢ftl��il ���4iNe 1►1 � zIl� l�tl>•tl !:10 z zu�z gl! t rr at�1�FYd d ..4 a�s PROPOSED SUBDIVISION AND LAYOUT PLAN C & C DEVELOPMENT QbMPANY, INC. Agenda Item 1 Page 6 •t!• .y 1i � ! � til ��i� ��I 1 11 ;tilt Ift� 1 111 ! t 97+ ° ifa°Y! Ilii°I I I!��,,u;i• if�gqt'gg� a e,¢ftl��il ���4iNe 1►1 � zIl� l�tl>•tl !:10 z zu�z gl! t rr at�1�FYd d ..4 a�s PROPOSED SUBDIVISION AND LAYOUT PLAN C & C DEVELOPMENT QbMPANY, INC. Agenda Item 1 Page 6 iif —=r- M11=1 5! do to Ir iif —=r- M11=1 5! z O w RD 53STREET ELEVATION ``�` C & C DEVELOPMENT COMPANY, INC 4.` y. Agenda Item 1 Page 8 �` NVId 1N3Y43A0W&V 311S • "�'� W-1 rr Rl •� it M'i �w rrw,� • nr, w w r wi w mlw+ ., � o� vao uo las.aw . wares wcww w +,., m, gran. un+�nisla�n, ywciaar nrrn, ,• m .naso i E ! ' WIN tr rrt q Nt'111t. Q�i a tg 1!! 9�1 day tl ees res raa+. �rt9. APPROVED DUPLEX SITE PLAN C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 9 w t mS i E ! ' WIN tr rrt q Nt'111t. Q�i a tg 1!! 9�1 day tl ees res raa+. �rt9. APPROVED DUPLEX SITE PLAN C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 9 Ell LYNNHAN'EN V _ � A" — T� n'lap 1-4 (,,, O L 1JCVC10jJ111Gl11 LUeq lllt.• # DATE REQUEST APPLICANT ACTION 1 10/29/2002 Alteration and Enlargement of Richard H. Powell Approved a Non -conforming Use Gara e A artment 2 07/10/2001 Street Closure (15 -Foot Alley) Dr. Michael J. & Sylvia Solhaug Approved & Horace P. & Mary H. McNeal ZONING HISTORY C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) C and C Development Company, Inc.: Christopher J. Ettel, President; Chancey W. Walker, III, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: {Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Auw1VI V.11-17..,,,.....-...... ge 10 of 11 Revised: 91MON DISCLOSURE STATEMENT C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 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) Sykes, Bourdon, Ahern & Levy, P.C. WPL 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "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. TION: 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. C and C Deve op ent Company, Inc. Christopher J. Ettel, President By'--7Print Name Applicant' ignatur Property Owner's Signature (if different than applicant) Print Name Z AD ubdivision Varienoe Appheation Page 11 of 11 Revised 9112004 DISCLOSURE STATEMENT S C & C DEVELOPMENT COMPANY, INC. Agenda Item 1 Page 12 Item #1 C & C Development Company, Inc. Subdivision Variance 5207 & 5215 Holly Road District 5 Lynnhaven February 9, 2011 CONSENT An application of C & C Development Company, Inc. for a subdivision variance to Section 4.4(b) of the Subdivision Ordinance. The properties are located at 5207 & 5215 Holly Road, District 5, Lynnhaven. GPIN: 2418-79-73390000; 2418-79-7480-0000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision and layout plan entitled "Subdivision Variance Exhibit," dated 03/25/10 and prepared by WPL, Inc. and the rendering entitled "Proposed Street Elevation." Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. If the Board of Zoning Appeals does not grant the required sideyard, when adjacent to a street, variance for proposed Lot 13-A-1 a revised layout plan and rendering must be submitted to the Current Planning staff who will determine if this request needs to be referred back to the Planning Commission. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 11-0, the Board approved item 1 for consent. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 1 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying the conditions in the matter of closing, vacating and discontinuing a portion of that certain street known as Portion of Market Street to be Closed Area = 8 Square Feet" as shown on that certain plat entitled "PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED, VIRGINIA BEACH, VIRGINIA". (Town Center - Block 9, GPIN 1477-54-1429) MEETING DATE: March 22, 2011 ■ Background: On March 24, 2009, City Council approved the closure of an 8 square foot portion of Market Street right-of-way and 7 square feet of adjoining subjacent air space for the purpose of constructing a 15 -story building consisting of apartment units, hotel, conference center and retail space. ■ Considerations: There were six conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally 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. No purchase price shall be charged in this street closure; however, because the City of Virginia Beach Development Authority (the current owner of the property affected by the street closure) shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that it no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Market Street — Town Center Block 9 Page 2 of 2 4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining subjacent air space that is no longer needed by reason of this street closure. In exchange, the City shall convey to the City of Virginia Beach Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237. 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. 6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a manner satisfactory to the City of Virginia Beach Public Works Department, the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure. On March 9, 2010, the applicant applied for and was granted an extension of time to satisfy the conditions. The applicant is requesting additional time to complete satisfaction of conditions 2, 3, 4, 5 & 6. Staff concludes that the request for additional time is reasonable. ■ Recommendations: Allow an extension of 24 months for satisfaction of the conditions. ■ Attachments: Staff Review Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting p De artment/Agency: Planning Department #kr-,4/ City Manager: 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A PORTION 4 OF THAT CERTAIN STREET KNOWN AS "PORTION OF 5 MARKET STREET TO BE CLOSED AREA = 8 SQUARE 6 FEET" AS SHOWN ON THAT CERTAIN PLAT ENTITLED 7 "PLAT SHOWING PORTION OF MARKET STREET TO BE 8 CLOSED, VIRGINIA BEACH, VIRGINIA". (TOWN CENTER 9 - BLOCK 9) 10 11 WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach 12 acted upon the application of Town subjacent air spacssociates, L.L.C., for e corner of Block e closure of a 13 portion of Market Street and its j Pace at the southwestern 14 9 at Town Center as shown on Exhibit "A"; 15 16 WHEREAS, on March 24, 2009 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before March 18 24, 2010; and 19 lied for and was 20 WHEREAS, on January 20, 2010, the applicant app 2011, to satisfy the conditions attached to the 21 granted an extension of time to March 24, 22 aforesaid street closure; and 23 24 WHEREAS, on February 25, 2011, the applicant requested an additional 25 extension of time to satisfy the conditions attached to the aforesaid street closure. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 28 Virginia Beach, Virginia: 29 30 That the date for meeting conditions of closure as stated in the Ordinance 31 adopted on March 24, 2009, upon application of Town Center Associates, L.L.C., is 32 extended to March 24, 2013. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 35 day of , 2011. 36 37 GPIN:1477-54-1429 CA -11695 \\vbgov.com\DFS1 \Applications\CilyLawProd\cycom32\W pdocs\[)008\P014\00009163.DOC R-1 March 9, 2011 APPROVE AS CONTENT: Plannin Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney Item #18 Town Center Associates, L.L.C. Discontinuance, closure and abandonment of a portion of Market Street Northeast corner of the intersection of Market Street and Columbus Street District 5 Lynnhaven February 11, 2009 CONSENT Joseph Strange: The next item is item 18, an application of Town Center Associates, L.L.C. for a discontinuance, closure, and abandonment of a portion of Market Street located at the northeast corner of the intersection of Market Street and Columbus Street, District 5, Lynnhaven with six (6) conditions. Mike Nuchols: Good afternoon for the record, Mike Nuchols representing the applicant. The applicant is in agreement with all the conditions. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Ron Ripley to review this item. Ronald Ripley. Thank you Joe. This is really a housekeeping matter too. It's a discontinuance, closure, and abandonment of a little small portion, actually the northeast corner of Market Street and Columbus Street at the Town Center. It really kind of squares the block off for this next development that Armada Hoffler will be developing, which is a 208 -unit apartment building, a hotel, and some retail component. It does include adjacent air space, which is, in the case of zero lot line developments like this, where you build right up to the right-of-way. Sometimes you might impede the right-of-way with your foundations or your beams and this basically it avoids those conflicts. There is method worked out for the City. So, it was very minor matter, and we felt that it ought to go on consent. Joseph Strange: Thank you Ron. Madame Chairman, I make a motion to approve item 18. Janice Anderson: We have a motion by Joy Strange and a second by Gene Crabtree. Mr. Redmond? David Redmond: Madame Chairman, I will be abstaining on item 18, as I have a business conflict. Janice Anderson: Thank you. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE BERNAS AYE Item #18 Town Center Associates, L.L.C. Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AVE REDMOND RIPLEY AYE RUSSO AYE STRANGE AYE no Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 18 for consent. �! C �r�.t'I�tglOtOt111 Street Closure 18 February 11, 2009 Public Hearing APPLICANT: TOWN CENTER ASSOCIATES, LLC PROPERTY OWNER: VIRGINIA BEACH DEVELOPMENT AUTHORITY STAFF PLANNER: Carolyn A.K. Smith REQUEST: Discontinuance, closure and abandonment of a portion of right-of-way known as Market Street, and subjacent air space, at the northeast corner of Columbus Street and Market Street ADDRESS / DESCRIPTION: Property located on the northeast corner of corner of Columbus Street and Market Street GPIN: 1477541429 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 8 square feet: portion of Market Street 7 square feet: subjacent air space AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests closure of a very sm all portion of the Market Street right-of-way and subjacent air space in order to square off the corner and ultimately construct a 15 -story building consisting of a retail component and up to 208 units as a mix of hotel and apartments. A Conditional Use Permit is required, and follows, to construct this structure. Specifically, the request is to close eight (8) square feet at tl-ie corner of Columbus and Market Streets and to close seven (7) square feet of subjacent air space, for ir—i provements to the site. As part of this agreement, the City will receive 36 square feet of subjacent airspace to be conveyed by the Virginia Beach Development Authority. TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: do Commerce Street, restaurant and retail / B -3A Business District USE AND ZONING: South: 4P Columbus Street, office, open space / B-3 Business District East: Central Park Avenue, apartments / B -3A Business District West: W Market Street, hotel and apartments / B -3A Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES WATER & SEWER: There are no water or sewer lines in the area proposed for closure. PRIVATE UTILITES: Preliminary comments from private utility companies indicate that there are no private utilities within the area proposed for closure. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Street Closure Viewers met and determined that no public inconvenience will result by approving the requests to close eight (8) square feet of the right-of-way and seven (7) square feet of subjacent air space at the northeast corner of Columbus and Market Streets. Most of the streets in Town Center were de dicated with subjacent rights, meaning, a differentiation is made between ownership of property above, below, and at grade. As the subjacent rights are those under the land that, in this case, the City owns, the closure of the right-of-way includes property below grade as well as above grade in order to avoid possible future legal encroachment issues with underground supporting structures and utilities serving the improvements constructed on adjacent blocks. As many of the buildings in Town Center are constructed with a zero setback from the right-of-way, the foundations for the buildings (some of which are constructed on deeply driven pilings that may not be TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 2 driven exactly vertical) and utility facilities serving the buildings may protrude beneath the surface of the adjacent streets. The request to vacate the seven (7) square feet of subjacent air space means that the City will relinquish its rights to the property beneath a small portion of the right-of-way to the Virginia Beach Development Authority (VBDA). Upon closure of the eight (8) square feet of Market Street and the City's relinquishment of its subjacent air rights, the underlying area in which any supporting structures and utilities may be located can be done so without constituting encroachment. As part of this agreement, the Virginia Beach Development Authority (VBDA) will also convey 36 square feet of subjacent airspace to the City. This area was reserved by the VBDA per the 2002 Phase 1-A subdivision plat and related Deed of Dedication. A 2004 resubdivision plat and related Deed of Dedication dedicated an 18 -foot wide strip of Market Street immediately to the north of this area, leaving out this portion of the subjacent area. This action will simply clean up and finish off what probably should have been included in the 2004 resubdivision. Staff recommends approval of both the closure of eight (8) square feet and seven (7) square feet of subjacent airspace at the northeast corner of Columbus and Market Streets subject to the conditions below. CONDITIONS The City Attorney's Office will maks the final determination regarding ownership. of the underlying fee. The purchase price to be paid to th e City is normally 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. No purchase price shall be charged in this street closure; however, because the City of Virginia Beach Development Authority (the current owner of the property affected by the street closure) shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utiI ity companies indicate that there are no private utilities within the right-of-way proposed for closure. I f private utilities do exist, easements satisfactory to the utility company, must be provided. 4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining subjacent air space that is no longer needed by reason of this street closure. In exchange, the City shall convey to the City of Virginia Beach Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 3 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. 6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a manner satisfactory to the City of Virginia Beach Public Works Department, the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure 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. TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 4 •a ® as;uaK unno�.- �� k����/ �'���"� "� *� "Ic+t���j4 ����`�I '0.��9'1,..�•:; �,—N ntL �f~�]� :. i' e f'' l T � � � '� � t Ya '},S zi r_ : , t K t��3 ,�5 �o' ,RT'� s iY�'e� ��-• � yir<•R .. t,,..a:.,+' �'.ts� ..�z"7'.3'"�`'?" -..,, � ud.��.c,,,_..:,,�.k i. 7i:,>La:LL�,.� �'..,Z:e:- '?iu•�;.. 4 . �E } s E .Vii + ✓ Y s a"+e; t ue>rt� x' 7 L =e x.. e� i��1�i..-a� f�.� �.i� �—""y�'� j.. -.+mss �• „�.��-::�, t a. 7 t �' � ! • ; ! i F' vMP,} yp 'I 1 'a'd€+ t'y' `� `¢ Ft �Y syr i}e r Y M: �$3 't y'-: y} �_.�r�F C�����cv�•s�r�� £y �.:.F" ..., �� 's a'f''k-��.a.����i����. °.. li ! '_TA 4 1 _M ` w � • sd 4.l ,.i ^�+rs�'a' i+�"Y+siFu �Ehh - d'n r !..r�.3rel,t j"r.L" .i`+`v'•_, I �� + � ted.? � 0 � � -{ -�'�,c�� t�, y � i t �,��s$ri „�`^$g 4,v�• , 3 ,� � �� E � _�� �• � �`�{ Wit, �—+� AERIAL OF • CENTFR ASSOCIATETOWN g VIRGINIA BEACH BLVD NLTH OF m BANK in ST y o z a N w COMRC� raa _ J ;!:L SFTE F- E^ ¢ J. ERRETHER a o z ul c. zCOLUMBUS ST v z 0 zm \-2--09(�� v ANO SUR 00ro SOUTHERN BLVD V O) Z o LOCATION MAP -- SCALE: 1" 2,000' a¢ EL 4iJ' PUBLIC INGRESS/EY7�ES5 CaWE??CF SfRfZ ! (91' RIX) AND [(TILIIY EA.SSEMENT (INST. �20�d20600?3449) (INST. 1200¢p2104D2f2JT) (F"4-Rl)' 6YEYELAND STREET) (INST W00404080053240) (nP) F� o N 69.35'57" E-- l— —200.26'- yldl i 0 4nwif � N 3 474,595.5046 N 3,474.594_1.037 E 12175,206.4835 E 12,175,006.2264 L J' SLl4/4CtNT AIR SPACE (hST. *0=2I2JI30617,765) (AVSr. 0004027000 4 w) (INST /200404090055240) (TTP) '\ YI TOWN CENTER BLOCK 9 p c°v (INST, #200402060023049) o I AREA- 44,062 SF `qg OR 1.012 AC GPIN:1477-54-1429 R. `a NOTE: MERIDIAN SHOWN HEREON IS BASED ON THE N y Q VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, + N IN NORTH AMERICAN DATUM 1983/1993 HARN (NAD 83/93, W v HARN) AND REFERENCED TO VIRGINIA BEACH GPS z STATIONS -4737-1744" & "4793". N 11- o h 84.85' PRENf7[1S V) RILI'Ir— #-WAJ- DE7JIC4)76W IZ (INS% '200402Li5402J049) SEE DETAIL 'A' PREf-or-wAr ouvao7cw s 44 as 53" W (f) 1 (INST � 02,'Z-10 86483) 10.3$' 89'3553" W--^— -190.63 PMfiF) 6a L IMIS STREET (YAR 007H RIW) (U8 1!4,1 PC 12) (iIVSr. 20024?30=8646J) L&IREV AS PER CLIENT fGCR 1 26-2009 SHEET 1 OF 2 MSA_ P.C. ENVIRONMENTAL SCIENCES •GEOSCIENCES PLAT SHOWING PLANNING • SURVEYING -ENGINEERING PORTION OF MARKET S-MEET LANDSCAPE ARCHITECTURE TO BE CLOSED 5033 ROUSE DRIVE, NRGINIA BEACH, VA 23462 757-490-9264 (OFC) 757--490-0634 (FAX) www.meo2n e.corn PROJ. NO.: 06161B DRAWN: KCR VIRGINIA BEACH, VIRGINIA DATE: 12-18-2008 SCALE: 1" - 40' SURVEY OF AREA TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 6 LINE TABLE LINE BEARING CURVE TABLE L1 N 00'24'10" W CURVE RADIUS LENGTH TANGENT L3 BEARING DELTA L4 25.00 10.78 548 0.70 S 12'42'36' E 24'42'36"C2 N 89'35'53" E 28.00 10.71 5.42 !CHORD 0.65 S 11'19'42" E 21'55'04" C3 25.00 3.42 1.71 3.42 N 29'01'48" W 75027" LINE TABLE LINE BEARING LENGTH L1 N 00'24'10" W 10.45 L2 S 8935'53" W 2.02 L3 S 89'35'53" W 0.97 L4 S 00'24'10" E 3.00 1.5 S 89'35'53" W 11.08 L6 N 89'35'53" E 12.72 k I 115 R� N 00'2 J' .5;t6a4awr A/R SPOCE ` 2.28' (/NSr. /z111Joarzss/ (/NST. 1200IV2100p141J7J (NSr. f "04oaMW.,b) (ryPJ AS PER CLIENT 3 CD M SUBJACENT AIR SPACE TO BE CLOSED. AREA - 7 SQUARE FEET oi777 a 5UBJACENT AIR SPACE TO BE CONVEYED u�tll TO THE CITY OF VIRGINIA BEACH. z AREA = 36 SQUARE FEET PORTION BLIC INGRESS/EGR SSS AND UTILITY EASEMENT TO BE CLOSED. AREA 8 SQUARE FEET . "AnfoUS • P���lr r (INSr ,�o2 a o 864eaj N 89'35'53" E LJ' P!/BL/C AYCAE55/�O?ESS "V41&lrY E'AaWfNr ., (1Nsr. Troal�zJrJa��s'sJ /NSr. rtlq?f011(lOQZt237f (1Nsr. #�oa4o4oacl�.�szeoJ (rrn) DETAIL A 25CA1E r' = 10' PLAT SHOWING PORTION OF MARKET STRF-ET TO BE CLOSED VIRGINIA BEACH, VIRGINIA SHEET 2 OF 5033 ROUSE DRIVE, VIRCINIA BEACH, 757-490-9264 (OFC) 757-490-0 "M lhecom PROD, NO.: 001618 DRAWN: KCR DATE: 12-16-2008 SCALE: 1" DETAIL: SURVEY OF AREAS TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 7 AVT MINION p11allil ill �� tII OMEN Ij/.,.Viww� x710 YMl� J 1 03/09/04 CHANGE OF ZONING B-3 to B -3A) Granted 2 03/11/03 09/24/02_ STREET CLOSURE Granted CUP(multifamily dwellings) Granted _ 3 05/10/05 CHANG E OF ZONING B-3 to B -3A Granted 4 06/28/05 CUP(multifamily dwellings) Granted 5 02/08/00 Creation of B -3A Pembroke Central Business Granted Core District ZONING HISTORY TOWN CENTER ASSOCIATES / VBDA .Agenda Item 18 Page 9 ©ISCLOSURE_STATEMENT .:.. APPLICANT DISCLOSURE If the applicant is a. corporation, partnership, firm, business, or other unincorporated organization, complete the follawding: 1. List the applicant name followed by the names of all officers, meMbers. trustees, pailners, etc below: (Attach list if necessary) hteM t'§ 1 Center Associates, LLC and Armada 11of'fb,!r PJopv t t(s, f tfandgers: -Louis S . Haddad, Anthony Y. Nero and Ctrald� 5 Divi as 2. List all bUSlrlesses that have a parent-subsidiafy' or affiliated business=entity2 relation sll-Qth the applicant: (Attach list if necessary) ' l Artn{da/iib Etri entities astd numerous Town Center related and other 4 unrel'dt;edbP$l-rless entitd--'s are affiliated with the Applicant through xts pr�ncipa 5�.. Ott el A- i Tiofzle :4 ftusscli Ki -r- ane.Af,thunFT'P P;etc, —32:d Q�va•ri� nnFr't',ae D Cl el }t i�tere .lf tlf Pp14 Ci a i a rnrp�t tion; partnership, firm, bu ainess;;or tP. other enirtcorporaitci t�tga`tativn RTY nmplete this setftc3R Y.- rt If the property owner is a� rwCii�tQfr�l`ic►r, tltli[Iv�rpol t4 j enizeft -0 P t�f -all property owner nares.. i01111C trtttet, partners, etc. below IN Check here if the propert,y owner Is NOT a corporation, partnership, firm, business, or other unincorporated organization. & S.ee next page for facitnotes _ Dcles an official or employee of ttie City of Virginia Beach, have art ft)terest in the subject land? Yes Na If yes, vvilat is the nanie of the f>* ficial or en3ployee and the natures; of tlreiriciteiesi? sl'!:ef TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 10 s�ab�igi i`�1t},tp� x�at �xls#�w�1�r� �, sat�tt t�lness �r�tity htjs �4cx�t�: lilt, ��nrnn�rs�tt? ; i x�r t t ttae a �rar r rj s >1�t ) sx "Vo�l0gorvtr�er (n �n� stet %t � stn om w �I��t{iif`th�refsfrdtmfrr>wnhtrk�ii1,�,,tsines: 4 en3ictrsiia �eis0.s�¢, `ait�in,��rttfttEi�atba tiuRtt�es $lby�� liatsiii d�rccgtlatittr�ra vi stbietlr st person Citi ort 't # t 8 t i8 r i,Ql'-w - + 11r51i�tl�QF tufr�t�ttiitatar� thet;fil ��>�t INrl�r a a armpse sfa��tiitlF j .01.:: W gar 4r,6�is oti,QrpiB�g �j: slosh w�1`iittg re�ati�ansi,]p ±8�tf!tt[It}�",5ttgjpfovetinntLalt Conflict of Interests Act 1/2: Crede F' L��t i@�titttt0JtttSiitkt�t04 c4 tlainGd,l erefe�iglrue an a u at i:+t�idersiai tha � t C,4n6wiftfi rdthat tta plit i(ar, h s i esn t,cnedulaa for pubil « did 7►stlt the rw�ktn otz �1+ctrrty at iir frt�C%y�t pttelr,toit�ipi@d p±>Akd1C1etiara$ a{rdtng �i79 �n9trtl{�ion* In � Chis 8t k. The uf��rsigr��d alab"ripn�ents tS etUry UJ3?R� the tutEaiecft prop©rty "tiy�mpipyQf3s rrtf i� Gi@ia�[ti,#eru'vf ' t?langrng to photograph and srf (4r.�ctse5 of ftroressing andevaluatlt« �tai:heiwn: Town center Associate§.' 13y. Louis S. }4aft-ld Applicant's Signature (Print) Cit.; of Virginia 13cach Development � n Authority Property (•aner's SI tt t ;(if dl(fe( ttii thari i �i lieantj t By _ onnu�� -77777— Sd@et t f .Ctd+..7+k�+1 Page t t of 1,1f t i l-tevisc�lrlL4i: . TOWN CENTER ASSOCIATES 7 VBDA .Agenda Item 1:8 Page 11 DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 12 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING THE CONDITIONS IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "PORTION OF MARKET STREET TO BE CLOSED AREA = 8 SQUARE FEET" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED, VIRGINIA BEACH, VIRGINIA". (TOWN CENTER - BLOCK 9) WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach acted upon the application of Town Center Associates, L.L.C., for the closure of a portion of Market Street and its subjacent air space at the southwestern corner of Block 9 at Town Center as shown on Exhibit "A"; WHEREAS, on March 24, 2009 the Council adopted an Ordinance to close the aforesaid street, subject to certain conditions being met on or before March 24, 2010; and WHEREAS, on January 20, 2010, the applicant requested an extension of time to satisfy the conditions attached to the aforesaid street closure. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That the date for meeting conditions of closure as stated in the Ordinance adopted on March 24, 2009, upon application of Town Center Associates, L.L.C., is extended to March 24, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2010. GPIN: 1477-54-1429 CA -11386 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\1X122\P007\00045046.DOC R-1 February 24, 2010 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LC A[ I t c`) . LLI2 / City Attorney w �m cn Q v Z rn EL OM .000 Urn Ll Z s _z a w W F- o N Q= z cN 5 VIRGINIA BEACH BLVD m BANK vn ST Y uj a o COMMERCE a ST W��a? SITE Z COL-UMBUUS ST SOUTHERN BLVD m 0 z O F En z O V LOCATION MAP - SCALE: 1" = 2,000' 1 3' PURL/C /NGRESS/�'Z✓i'ESS COMMERCE STREET (B>.' R/�Y� AND UAL/7Y EASEMENT (/NST..20040206'002304.9) (/NST. 1200402100024237) (FARmm Y CLEIfLANO. sml.-V _ (/NST. 22000404080055240) (T)9P) P1�CF� N 89'35'57" E N 3,474,594.1037 N 3,474,595.5046 I E 12,175.006.2284 � E 12.175,206.4835 3 SUB✓ACE/VT A/R, SPACE I (/NST. ,�200212i13087765� (/NST. ,�200¢021000242J7) I (/NST. ,x'200404080055240) (nP) 1--: TOWN CENTER BLOCK 9 N (INST. #200402060023049) AREA= 44.062 SF OR 1.012 AC i GPIN:1477-54-1429 o NOTE: MERIDIAN SHOWN HEREON IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM. SOUTH ZONE, oNORTH AMERICAN DATUM 1983/1993 WARN (NAD 83/93, O HARN) AND REFERENCED TO VIRGINIA BEACH GPS z STATIONS "4737-1744" & "4793". 1 84.85' PREF140 S R/t"HT- or- wAY DED/CATION 18(/NST. ,20040206002.3049) SEE DETAIL 'A' Q\��� PREIiIOUS S 44'35'53" W �l gioHT-OF-wAr DED/CAAON 10.38' 1 \� K/NST. ,200212303086483) h S 89,35'53" W -190.63 — a pIN(I REV I AS PER CLIENT COLUMBUS STR££T (VAR fflj9j7/ R14Y) (U29 110, P67 12) (/NST. 200212303086483) KCR 11 -26 - PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED PIN(F) SHEET 1 OF 2 ENVIRONMENTAL SCIENCES • GEOSCIENCES PLANNING . SURVEYING ENGINEERING •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 2346; 757490-9264.(OFC) 757-490-0634 (FAX) PROJ. No.: 06161B DRAWN: KCR EXHIBIT A — Page 2 of ' 18' O� N 00 -24 -10 - W N y 0 10.45' 0 L6 Em Z O I kL5 x SUB✓ACENr A/R SPACE2'28' (/NSr. 1200212JIJ087755) (/NSr. 12004021000242J7) (/NSr. Z200404080055240) (7)"E 3 o SUBJACENT AIR SPACE TO BE CLOSED. AREA = 7 SQUARE FEET SUBJACENT AIR SPACE TO BE CONVEYED o 0 ® TO THE CITY OF VIRGINIA BEACH. z AREA = 36 SQUARE FEET PORTIO�QEET AND 3' \"ll vy PUBLICNNGRESS/EGRESOF MARKET S AND UTILITY EASEMENT TO BE CLOSED. AREA = 8 SQUARE FEET PRE190US ONSr R00212.3aJ08s 8J) 3 N 89'35'53" E .i'PUBI /NGRESS1:tWCSS h AND UAL/TY EASEMENT (WSr. V00212Y1.3087765) (/NST. COW02100024=7) (/NSr. COW04MOOM240) (rYP) ,OEMIL A SCALE. I" = 10' II L 1\ IREVI AS PER CLIENT IKCR 11-26-20091 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED b9 RL �0 SURN�1 SHEET 2 OF ENVIRONMENTAL SCIENCES-GEOSCIENCES PLANNING • SURVEYING -ENGINEERING *LAN CAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23, 757-490-9264 (OFC) 757-490-0634 (FP www.msaonline.com PROJ. NO,:06161B DRAWN: KCR LINE TABLE CURVE TABLE BEARING CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 25.00 10.78 5.48 10.70 S 12'42'36" E 24'42'36" C2 28.00 10.71 5.42 10.65 S 11'19'42" E 21'55'04" C3 25.00 3.42 1.71 3.42 N 29'01'48" W 7'50'21" ' 18' O� N 00 -24 -10 - W N y 0 10.45' 0 L6 Em Z O I kL5 x SUB✓ACENr A/R SPACE2'28' (/NSr. 1200212JIJ087755) (/NSr. 12004021000242J7) (/NSr. Z200404080055240) (7)"E 3 o SUBJACENT AIR SPACE TO BE CLOSED. AREA = 7 SQUARE FEET SUBJACENT AIR SPACE TO BE CONVEYED o 0 ® TO THE CITY OF VIRGINIA BEACH. z AREA = 36 SQUARE FEET PORTIO�QEET AND 3' \"ll vy PUBLICNNGRESS/EGRESOF MARKET S AND UTILITY EASEMENT TO BE CLOSED. AREA = 8 SQUARE FEET PRE190US ONSr R00212.3aJ08s 8J) 3 N 89'35'53" E .i'PUBI /NGRESS1:tWCSS h AND UAL/TY EASEMENT (WSr. V00212Y1.3087765) (/NST. COW02100024=7) (/NSr. COW04MOOM240) (rYP) ,OEMIL A SCALE. I" = 10' II L 1\ IREVI AS PER CLIENT IKCR 11-26-20091 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED b9 RL �0 SURN�1 SHEET 2 OF ENVIRONMENTAL SCIENCES-GEOSCIENCES PLANNING • SURVEYING -ENGINEERING *LAN CAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23, 757-490-9264 (OFC) 757-490-0634 (FP www.msaonline.com PROJ. NO,:06161B DRAWN: KCR LINE TABLE LINE BEARING LENGTH L1 N 00'24'10" W 10.45 L2 S 89'35'53" W 2.02 L3 S 89'35'53" W 0.97 L4 S 00'24'10" E 3.00 LS S 89'35'53" W 11.08 1 L6 N 89'35'53" E 12.72 ' 18' O� N 00 -24 -10 - W N y 0 10.45' 0 L6 Em Z O I kL5 x SUB✓ACENr A/R SPACE2'28' (/NSr. 1200212JIJ087755) (/NSr. 12004021000242J7) (/NSr. Z200404080055240) (7)"E 3 o SUBJACENT AIR SPACE TO BE CLOSED. AREA = 7 SQUARE FEET SUBJACENT AIR SPACE TO BE CONVEYED o 0 ® TO THE CITY OF VIRGINIA BEACH. z AREA = 36 SQUARE FEET PORTIO�QEET AND 3' \"ll vy PUBLICNNGRESS/EGRESOF MARKET S AND UTILITY EASEMENT TO BE CLOSED. AREA = 8 SQUARE FEET PRE190US ONSr R00212.3aJ08s 8J) 3 N 89'35'53" E .i'PUBI /NGRESS1:tWCSS h AND UAL/TY EASEMENT (WSr. V00212Y1.3087765) (/NST. COW02100024=7) (/NSr. COW04MOOM240) (rYP) ,OEMIL A SCALE. I" = 10' II L 1\ IREVI AS PER CLIENT IKCR 11-26-20091 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED b9 RL �0 SURN�1 SHEET 2 OF ENVIRONMENTAL SCIENCES-GEOSCIENCES PLANNING • SURVEYING -ENGINEERING *LAN CAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23, 757-490-9264 (OFC) 757-490-0634 (FP www.msaonline.com PROJ. NO,:06161B DRAWN: KCR zz r t v � r TZ Poo lt•6,J r aa a a a a a a a a a LL g Q d d d d Q 4 X W CL CL LL a a a dCL CL d d d d d d d a a a a o a < d d d 4 a a a o aCL w CL Q d d g d d L d d a CL of d d Qom( d d d a a a a a a a CLW d < <W d d �i` d< d Q d 2 d `L [' w w a w x CL aa CL 11 d d d d d d `Z a a a a a a a cl •t d 0- < i d d < d dd L a a a w x x Z d d d 4 4 d a C W d d d d d d Q. 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NELSON & BARBARA N. GRAY WEST Road (GP N MARINE, Modification of Conditional PRINCESS ANNE DISTRICT.48 West Landing 1492620072). MEETING DATE: March 22, 2011 ■ Background: In 1997, a conditional rezoning from AG -2 Agriculture for a boat District B_2 storage facility and Business District and a Conditional Use Perm commercial marina were approved by City Council. There are four proffers associated with the conditional rezoning and seven conditions attached to the Conditional Use Permit. This request is the second attempt to eliminate the condition that limits the types of watercraft that can be launched into theCity in1999. Condition #5Rivefrom the ris as ina as an identical appeal was denied by the y Council follows: "No personal watercraft or jet skis will be stored or launched from this facility." ■ Considerations: of Zoning and Conditional Use Permit deliberation, During the 1997 Change there was concern that at this location allowing commercial uses such as oats could potentially negatively impact restaurant or sales and service of b surrounding property owners in such a rural, idyllic setting. As such, the existing proffers were crafted to strictly limit uses on the site. In 1999, the City Council denied the applicant's request to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from this site. This request, as was the request in 1999, is to eliminate the existing Condition #5: No personal watercraft or jet skis will be stored or launched from this facility. While other marinas along the North Landing River do offer launch facilities for personal watercraft and jet skis, these marinas existed prior to the requirement that now exists that commercial marinas require approval by City Council for a Conditional Use Permit. Robert L. Nelson and Brenda N. Gray Page 2 of 2 It is Staff's opinion that the launching and presence of personal watercraft at this site will be disruptive not only to the rural character of the area but also to the surrounding environmentally sensitive areas, further supporting the reasoning that commercial marinas should indeed be considered carefully as a Conditional Use Permit with approval only by City Council. Staff recommends denial of this request and that Condition #5 of the original Conditional Use Permit prohibiting personal watercraft or jet skis from being stored or launched from this marina be retained. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-1, recommends approval of this request to the City Council. ■ 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: Planning Department City Manager: V PRINCESS ANNE Rohel-t Nelson &1, Bai-ba �► N. Cl;a� "hp 1, i'est L' n inti AG1` AG1 AGI` AG1' AG1' 65-70 dB Ldn 7 -75 dB Ldn AG2 AG2' AG2' ` : West Landing Rd. a,>, B2` AG2 ofc$ o AG2 ' P AG1 I-- P— nr.. ModiNcatlon of Conditions sr,.. oraar.i Or.wy. pv�. pyrrWunlR». rv. Cmyn» �rnby January 12, 2011 Public Hearing APPLICANT & PROPERTY OWNER: ROBERT L. NELSON & BRENDA N. GRAY T/A WES LANDING MARIN STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditions of a Conditional Use Permit (boat storage facility and commercial marina) approved by City Council on November 14, 1997 V ADDRESS / DESCRIPTION: 2748 West Landing Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14926200720000 PRINCESS ANNE 6.6 acres 70 - 75 dB DNL SUMMARY OF REQUEST In 1997, a conditional rezoning from AG -2 Agriculture District to Conditional B-2 Business District and a Conditional Use Permit for a boat storage facility and commercial marina were approved by City Council. There are four proffers associated with the conditional rezoning and seven conditions attached to the Conditional Use Permit. This request is the second attempt to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from the marina as an identical appeal was denied by the City Council in 1999. Condition #5 is as follows: "No personal watercraft or jet skis will be stored or launched from this facility." EXISTING LAND USE: commercial marina LAND USE AND PLAN INFORMATION ROBERT L. NELSON AND BRENDA N. GRAY Agenda Item 6 Page 1 SURROUNDING LAND North: • Tributary of the North Landing River USE AND ZONING: 0 Property in the Agricultural Reserve Program / AG -2 Agricultural District South: . West Landing Road • Single family dwellings / AG -2 Agricultural District East: 0 Single family dwellings / AG -2 Agricultural District West: 0 North Landing River NATURAL RESOURCE AND The site is located in the Southern Watersheds Management Area and CULTURAL FEATURES: immediately adjacent to the North Landing River, part of the Intra -coastal Waterway - an essential segment for boat traffic up and down the east coast. The site has approximately 525 feet of frontage along the North Landing River and there is an extensive area of undisturbed marsh on the property. The river is designated as the North Landing and Tributaries State Scenic River and recognized as a Virginia Beach Scenic Waterway. Much of the land surrounding the North Landing River in the vicinity of this site is owned by the Nature Conservancy. The entire is within flood zone AE with a base flood elevation of 4 feet and an average land elevation of 2 feet. The Natural Heritage Inventory indicates that this watershed is characterized as having exemplary natural resources - ecosystems with some of the most diverse and extensive in southeastern Virginia. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. The Plan notes an important objective to protect and sustain all our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures and recommends implementing plans and programs designed to protect and restore the City's natural waterways for habitat support and recreational use (pp. 7-4 to 7-5). CITY SERVICES No City services will be impacted by this request. EVALUATION AND RECOMMENDATION The proffers provide for "limited use commercial" on this site for a marina. During the 1997 Change of Zoning and Conditional Use Permit deliberation, there was concern that at this location allowing l, � 13F,q y� ._ hr ROBERT L. NELSON AND BRENDA N. GRAY `Y Agenda Item 6 "G Page 2 �; commercial uses such as restaurant or sales and service of boats could potentially negatively impact surrounding property owners in such a rural, idyllic setting. As such, the existing proffers were crafted to strictly limit uses on the site, providing desirable support services for boaters and fishermen in the area while precluding B-2 uses that could be incompatible with surrounding properties and inconsistent with the recommendations of the Comprehensive Plan. The conditional zoning agreement allows only for an existing boat ramp to remain; and, the construction of a pier, boat storage yard and a "dry goods shop." Current improvements on the marina site include the boat ramp and pier, a gravel parking lot and fenced boat storage area, access for fishing from the shoreline, and small bait and tackle shop. In 1999, the City Council denied the applicant's request to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from this site. Specifically, this request, as was the request in 1999, is to eliminate the existing Condition #5: No personal watercraft or jet skis will be stored or launched from this facility. While other marinas along the North Landing River do offer launch facilities for personal watercraft and jet skis, these marinas existed prior to the requirement that now exists that commercial marinas require approval by City Council for a Conditional Use Permit. It is Staff's opinion that the launching and presence of personal watercraft at this site will be disruptive not only to the rural character of the area but also to the surrounding environmentally sensitive areas, further supporting the reasoning that commercial marinas should indeed be considered carefully as a Conditional Use Permit with approval only by City Council. Staff's position is reflected below. This portion of river is designated as both the North Landing and Tributaries State Scenic River and as a Virginia Beach Scenic Waterway. Managed by the Virginia Department of Conservation and Recreation, the Virginia's Scenic Rivers Program identifies, designates and protects rivers and streams with outstanding scenic, recreational, historic and natural characteristics. While the designation does not carry with it any restrictive land use controls, the program's focus is on enhancing the conservation of scenic rivers and their corridors. Increased wake and noise are contrary to the goals of the program. This portion of the North Landing is characterized as having exemplary natural resources and ecosystems. According to the Natural Heritage Inventory, prepared by the Department of Conservation and Recreation, some of the most diverse and extensive ecosystems in southeastern Virginia are present in the vicinity of this marina. The surrounding area has been deemed so vital to conservation and preservation efforts that large tracks of land in the vicinity have been purchased by The Nature Conservancy, one of the leading conservation organizations working around the world to protect ecologically important lands and waters for nature and people. • The presence of the Intra -coastal Waterway in this narrow portion of the North Landing River does pose potential water -use conflicts between personal watercraft/jet skis and both barges and powerboats. • Personal watercraft/jet skis are able to operate in shallow waters such as smaller creeks and tributaries of the North Landing River. Safety hazards exist in these shallow waters where underwater obstacles can be difficult to see. • The potential for increased erosion in the smaller creeks and tributaries from jet ski wakes is higher than a boat which has more limited maneuverability. Limited police presence makes patrolling difficult, if not impossible. • Personal watercraft/jet skis typically have high pitched, 2 -stroke engines that have a tendency to produce more noise pollution than a typical propeller -driven powerboat. There is concern that ROBERT L. NELSON AND BRENDA N. GRAY Agenda Item 6 Page 3 surrounding residential properties and wildlife could be adversely impacted by noise introduced by launching these watercraft at this site. Although not within the Interfacility Traffic Area (ITA), the head waters of the North Landing River is. And, not officially adopted by City Council at the time of this writing, the Interfacility Traffic Area and Vicinity Master Plan states that the North Landing River and its tributaries provide an outstanding open space resource for Virginia Beach and the region. The protection and recreational use of green space (including waterways) present in the southern portion of the study area of the ITA is a fundamental element of the ITA Implementation Plan. The Plan recommends that development of this area be limited to that permitted as a matter of right under auspices of the agricultural districts in an effort to further protect the natural resources and historic rural character of the area. The Plan also calls for promotion of trail networks and ecotourism related facilities including canoe and kayak rentals along blueways (water trails) as shown on the Trails Plan. These water trails provide access to unique and varied habitats that could be threatened with increased use of personal watercraft along the river. Several canoe launches already exist along the ITA water ways and other non -motorized access points are planned for the future; however, additional motorized access is not recommended. Based on these points, Staff recommends denial of this request and that Condition #5 of the original Conditional Use Permit prohibiting personal watercraft or jet skis from being stored or launched from this marina be retained. 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. �r-��jylA • Ii,eA� � { ROBERT L. NELSON AND BRENDA N. GRAY_ w Agenda Item 6 Page 4 AERIAL OF SITE LOCATION I` ROBERT L. NELSON AND BRENDA N. GRAY 3 Agenda Item 6 Page 5 PROPOSED BOAT "AGE fACKJ"y PHYSICAL 81 TOPOGRAPHIC stipy[y ; —. -- - — EXISTING SITE LAYOUT ROBERT L. NELSON AND BRENDAN. GRAY Agenda Item 6 Page 6- N 1 09/23/03 orses boarding) Granted 2 10/26/99 commercial marina)Denied 11/14/97 EMOD GE OF ZONING (AG -2 to Conditional B-2) Granted ommercial marina) Granted 3 01/09/96 VISION VARIANCE Granted 4 04/25/95 SUBDIVISION VARIANCE Granted ZONING HISTORY ROBERT L. NELSON AND BRENDAN. GRAY Agenda Item 6 Page 7' II 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 L. Nelson and Barbara N. Gray Ua West Landing Marina 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT ROBERT L. NELSON AND BRENDA N. GRAY Agenda Item 6 Page 8 11 DISCLOSURE STATEMENT 7�1 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, Ahem & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another Corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public healing according to the instructi ns in this package. �Qb�=f�T i✓FLSoN Robert L. Nelson Applican 's/Property Owner's Signatur4 Print ame 13r9�QDftA,+ IVGR r Barbara N. Gray Applicant's/Property Owner's Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT ROBERT L. NELSON AND BRENDAN. GRAY Agenda Item 6 Page 9 Item #6 Robert L. Nelson & Brenda N. Gray Modification of Conditions of a Conditional Use Permit 2748 West Landing Road District 7 Princess Anne January 12, 2011 APPROVED An application of Robert L. Nelson & Brenda N. Gray for a Modification of Conditions of a Conditional Use Permit (boat storage facility and commercial marina) approved by City Council on November 14, 1997, District 7, Princess Anne. GPIN:14926200720000. RECOMMENDATION — STAFF RECOMMENDED DENIAL The proffers provide for "limited use commercial" on this site for a marina. During the 1997 Change of Zoning and Conditional Use Permit deliberation, there was concern that at this location allowing commercial uses such as restaurant or sales and service of boats could potentially negatively impact surrounding property owners in such a rural, idyllic setting. As such, the existing proffers were crafted to strictly limit uses on the site, providing desirable support services for boaters and fishermen in the area while precluding B-2 uses that could be incompatible with surrounding properties and inconsistent with the recommendations of the Comprehensive Plan. The conditional zoning agreement allows only for an existing boat ramp to remain; and, the construction of a pier, boat storage yard and a "dry goods shop." Current improvements on the marina site include the boat ramp and pier, a gravel parking lot and fenced boat storage area, access for fishing from the shoreline, and small bait and tackle shop. In 1999, the City Council denied the applicant's request to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from this site. Specifically, this request, as was the request in 1999, is to eliminate the existing Condition #S: No personal watercraft or jet skis will be stored or launched from this facility. While other marinas along the North Landing River do offer launch facilities for personal watercraft and jet skis, these marinas existed prior to the requirement that now exists that commercial marinas require approval by City Council for a Conditional Use Permit. It is Staff's opinion that the launching and presence of personal watercraft at this site will be disruptive not only to the rural character of the area but also to the surrounding environmentally sensitive areas, further supporting the reasoning that commercial marinas should indeed be considered carefully as a Conditional Use Permit with approval only by City Council. Staff's position is reflected below. This portion of river is designated as both the North Landing and Tributaries State Scenic River and as a Virginia Beach Scenic Waterway. Managed by the Virginia Department of Conservation and Recreation, the Virginia's Scenic Rivers Program identifies, designates and protects rivers and streams with outstanding scenic, recreational, historic and natural characteristics. While the designation does not carry with it any restrictive land use controls, the program's focus is on enhancing the conservation of scenic rivers and their corridors. Increased wake and noise are contrary to the goals of the program. This portion of the North Landing is characterized as having exemplary natural resources and ecosystems. According to the Natural Heritage Inventory, prepared by the Department of Conservation and Recreation, some of the most diverse and extensive ecosystems in southeastern Virginia are present in the vicinity of this marina. The surrounding area has been deemed so vital to conservation and preservation efforts that large tracks of land in the vicinity have been purchased by The Nature Conservancy, one of the leading conservation organizations working around the world to protect ecologically important lands and waters for nature and people. Item #6 Robert L. Nelson & Brenda N. Gray Page 2 • The presence of the Intra -coastal Waterway in this narrow portion of the North Landing River does pose potential water -use conflicts between personal watercraft/jet skis and both barges and powerboats. • Personal watercraft/jet skis are able to operate in shallow waters such as smaller creeks and tributaries of the North Landing River. Safety hazards exist in these shallow waters where underwater obstacles can be difficult to see. • The potential for increased erosion in the smaller creeks and tributaries from jet ski wakes is higher than a boat which has more limited maneuverability. Limited police presence makes patrolling difficult, if not impossible. • Personal watercraft/jet skis typically have high pitched, 2 -stroke engines that have a tendency to produce more noise pollution than a typical propeller -driven powerboat. There is concern that surrounding residential properties and wildlife could be adversely impacted by noise introduced by launching these watercraft at this site. • Although not within the Interfacility Traffic Area (ITA), the head waters of the North Landing River is. And, not officially adopted by City Council at the time of this writing, the Interfacility Traffic Area and Vicinity Master Plan states that the North Landing River and its tributaries provide an outstanding open space resource for Virginia Beach and the region. The protection and recreational use of green space (including waterways) present in the southern portion of the study area of the ITA is a fundamental element of the ITA Implementation Plan. The Plan recommends that development of this area be limited to that permitted as a matter of right under auspices of the agricultural districts in an effort to further protect the natural resources and historic rural character of the area. The Plan also calls for promotion of trail networks and ecotourism related facilities including canoe and kayak rentals along blueways (water trails) as shown on the Trails Plan. These water trails provide access to unique and varied habitats that could be threatened with increased use of personal watercraft along the river. Several canoe launches already exist along the ITA water ways and other non -motorized access points are planned for the future; however, additional motorized access is not recommended. Based on these points, Staff recommends denial of this request and that Condition #5 of the original Conditional Use Permit prohibiting personal watercraft or jet skis from being stored or launched from this marina be retained. 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. AYE 10 NAY 1 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE Item #6 Robert L. Nelson & Brenda N. Gray Page 3 LIVAS AYE REDMOND AYE RIPLEY NAY RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-1, the Board approved item 6. Eddie Bourdon appeared on behalf of the applicant. The applicant Robert L. Nelson was also present. W N W NU �i F� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KROGER LIMITED PARTNERSHIP 1, Conditionl Use Permit, 1479565947). BAYS DE DISTRICT.automobile service station, 4625 Shore Drive (G MEETING DATE: March 22, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow development of a portion of the parcel located at 4625 Shore Drive as an automobile service station, i.e. fuel sales. Approximately 23,958 square feet of the entire site's 332,363 square feet will be utilized for gas sales. Hours of operation for the fuel center will be from 6:00 a.m. to 11:00 p.m., seven days a week. One employee per shift will operate the fuel center from the kiosk onsite and this employee will be responsible for monitoring fuel center operations, responding to any alarms or spills, taking cash for fuel purchases and selling various sundries out of the kiosk. Two hundred and fifty-one parking spaces are located primarily west of the existing Kroger building and a few parking spaces are situated to the south of building. The service station will be constructed within the northwest corner of the existing parking lot and will eliminate 64 of the original 315 parking spaces. Once the fuel center is developed, the site's 251 remaining parking spaces are sufficient to satisfy Zoning Ordinance parking requirements. The fuel center includes five fuel dispensers (ten fueling stations), an eight -foot by 14 - foot kiosk that is 11 feet tall, a 42 -foot by 92 -foot canopy providing shelter for the fueling station and kiosk, associated drive aisles, and signage. The existing free-standing sign will be altered, by replacing the sign face and changing the dimensions of the panels within the sign. The applicant's representative indicates that the applicant has worked with the surrounding community to address their concerns. One of the main concerns that the applicant has worked out is related to drainage. Representatives of the community did not want the stormwater from the site in question to enter into Lake Bradford, so the applicant has agreed to re -grade the portion of the site where the service station will be situated and stormwater leaving this area will be rerouted through a pipe system that flows from Lake Bradford and is located across Shore Drive. ■ Considerations: The proposed automobile service station is consistent with the Comprehensive Plan and associated plans and guidelines for the Shore Drive Corridor. This use is proposed in an existing retail parking lot taking advantage of presumably unnecessary parking spaces. Vehicular access and parking lot design will be reconfigured to accommodate both the gas pumps and grocery store, while maintaining just one point of shared ingress/egress Kroger Limited Partnership I Page 2 of 3 on Shore Drive. The proposed canopy complements the design, colors, and materials of the grocery store, and is in compliance with existing guidelines. Landscaping along the property's street frontage is already in place in accordance with existing guidelines. Staff, therefore, recommends approval of this request with the conditions below. There was no opposition to the request. ■ Recommendations: Commission placed this item on the Consent Agenda, passing a motion by The Planning Commi a recorded vote of 10-0 ssi to recommend approval of this request to the City Council with the following conditions: I . The site shall be developed and landscaped substantially in accordance with the submitted Conditional Use Site Plan", dated 11/29/10, last revised February 2011, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel Center R-532 09-272", dated January 14, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag -lenses fixtures. Flush- mounted lighting mounted or full cut-off lenses shall be used for the canopy lighting. Canopy ig g levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society (IES) along with the requirements of the City of Virginia Beach Lighting Ordinance. 4. The free-standing sign shall be monument style and limited to dimensions and location as allowed by the City Zoning Ordinance. All other signage shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no ed on any other signs, ws and / or doors, onccents the canopylorr the canopy larea of columns, oe buildneon signs or neon ing, o es. on the windows 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or "flag" style signs on the site. dewalk from Shore ive to the entrance f the 6. The grocery store. There shall beshall install a lno outdoor endi vending o machines, nes, i a boxes, or the grocery to Kroger Limited Partnership I Page 3 of 3 display of merchandise anywhere within the facility area. 7. The applicant shall provide site for emergency contact of thet for fuel and an accessible telephone or notification responsible party for the site. 8. A 15 -foot minimum yard shall be required along all lot lines adjoining the residential district. Category IV landscape screening shall be required within the yard area. Plantings should be innovative in terms of spacing, species, diversity, and arrangement to allow variation for visual enhancement while separating uses. ■ 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. w t 3AYSIDE MapE-3 Kroger Lintit tl rail�Itt,����, < A18 A Wit` R5R a A2d l B2 B2 Jr! ' A2d" 82 B2 82 B2 my aR10 o rr R10 R10 R10 O2 o�rQ R10 i4 Rio 62 R7.5 Ad CUA- A utombile Service Station v - N—m.. avast February 9, 2011 Public Hearin APPLICANT / PROPERTY OWNER: KROGER LIMITED PARTNERSHIP I STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Automobile Service Station) ADDRESS / DESCRIPTION: Portion of parcel located at 4625 Shore Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Portion of BAYSIDE 7.63 acres Less than 65 dB DNL 14795659470000 SUMMARY OF REQUES The applicant requests a Conditional Use Permit to allow development of a portion of the parcel located at 4625 Shore Drive as an automobile service station, i.e. fuel sales. Approximately 23,958 square feet of the entire site's 332,363 square feet will be utilized for gas sales. Hours of operation for the fuel center will be from 6:00 a.m. to 11:00 p.m., seven days a week. One employee per shift will operate the fuel center from the kiosk onsite and this employee will be responsible for monitoring fuel center operations, responding to any alarms or spills, taking cash for fuel purchases and selling various sundries out of the kiosk. The site will house the existing Kroger store located along Northampton Boulevard within the eastern portion of the parcel and the proposed service station which is situated within the northwest portion of site. Two hundred and fifty-one parking spaces are located primarily west of the existing Kroger building and a few parking spaces are situated to the south of building. The service station will be constructed within the existing parking lot and will eliminate 64 of the original 315 parking spaces. Once the fuel center is developed, the site's 251 remaining parking spaces are sufficient to satisfy Zoning Ordinance parking requirements. The Zoning Ordinance requires 237 parking spaces. The fuel center includes five fuel dispensers (ten fueling stations), an eight -foot by 14 -foot kiosk that is 11 feet tall, a 42 -foot by 92 -foot canopy providing shelter for the fueling station and kiosk, associated drive ,, KROGER LIMITED PARTNERSHIP I1 Agenda Item 9 1' ; .0 Page 1 aisles, and signage. The existing free-standing sign will be altered, by replacing the sign face and changing the dimensions of the panels within the sign. Overall, the size of the proposed free-standing sign will be five square feet smaller than the existing sign. The canopy and kiosk will be dressed with brick to match the color of the brick on the Kroger store. The canopy will have a mansard metal roof that will be painted to match the color of the metal roof of the Kroger store. The fascias for the canopy and kiosk will be metal but will be treated with a "tex-cote" application that gives it the appearance of stucco or an Exterior Insulation Finishing System (EIFS) application. Access to this site is obtained through the main shopping center drive aisle off of Shore Drive which currently allows for two internal points of ingress or egress. One of the existing points of egress will, however, be closed and improved with curb, gutter, and landscaping in order to enhance traffic flow. An additional existing internal access point located along the southern property line allows access through the shopping center to the senior housing facility to the south. The applicant's representative indicates that the applicant has worked with the surrounding community to address their concerns. One of the main concerns that the applicant has worked out is related to drainage. Representatives of the community did not want the stormwater from the site in question to enter into Lake Bradford, so the applicant has agreed to re -grade the portion of the site where the service station will be situated and stormwater leaving this area will be rerouted through a pipe system that flows from Lake Bradford and is located across Shore Drive. LAND USE AND PLAN INFORMATIO EXISTING LAND USE: Grocery store with associated parking SURROUNDING LAND North: 0 Shore Drive USE AND ZONING: • Across Shore Drive are retail shops / B-2 Community Business District • Across Shore Drive are apartments / A-24 Apartment District South: . Senior housing / 0-2 Office District • Single-family homes / R-10 Residential District East: 0 Northampton Boulevard • Across Northampton Blvd. is mini -warehousing / B-2 Community Business District • Across Northampton Boulevard are single-family homes / R-10 Residential District West: Retail Shops / B-2 Community Business District NATURAL RESOURCE AND This site is in the Chesapeake Bay Watershed. Stormwater quality shall CULTURAL FEATURES: be in accordance to the Chesapeake Bay Preservation Ordinance and will be address during detailed site plan review. There are no other known significant natural resources or cultural features associated witl- this site. KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 2' COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Suburban Focus Area (Shore Drive Corridor) as well as a Suburban Area. The Shore Drive Corridor was designated as a Suburban Focus Area because of its unique characteristics. The area has an abundance of natural resources and passive recreational amenities, mostly due to its proximity to the Chesapeake Bay and Lynnhaven River. These amenities have attracted residential uses, including well-established neighborhoods as well as newer high density development, making the Shore Drive area the most densely populated area of the City. The community's most challenging characteristic is that it is bisected by Shore Drive, one of the City's primary east -west connectors. (pp. 3-7 and 3-8) In addition to the Comprehensive Plan, other plans and guidelines have been prepared and/or adopted to guide development in the Shore Drive Corridor. The Bayfront Study conducted in 1997 by the Urban Land Institute to assess current conditions and create a vision, plan, and implementation plan for the area. As part of the implementation of the Bayfront Study, more detailed corridor plans and design guidelines were adopted to further the recommendations of the Study. The Shore Drive Corridor Plan emphasizes that the area should be focused primarily toward local neighborhoods and local resident rather than visitor needs. Businesses in the area should provide support services to area neighborhoods primarily, and focus secondarily on restaurant or marine -oriented businesses. (p.8) Recognizing that there are limited opportunities for new development, proposals should be sensitively scrutinized to ensure they are in keeping with the overall character of the area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive in front of this site is considered a four -lane divided major urban arterial. The Master Transportation plan proposes a facility within a 150 -foot right-of-way. A roadway Capital Improvement Program project is slated for this area. Shore Drive Interim Safety Improvements (CIP 2-731) is a combination of interim safety improvements recommended by the Shore Drive Safety Task Force. It will improve the safety of pedestrians and drivers along the Shore Drive Corridor in the interim until comprehensive projects can be completed. There is a second roadway Capital Improvement Program project slated for this area. Shore Drive Corridor Improvements - Phase II (Partial) (CIP 2-116) will provide safety improvements, including pedestrian multi -LIE -e paths, along the Shore Drive Corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersections at Pleasure House Road and at Greenwell Road. This project is currently on the City's Requested But Not Funded Project Listing. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic ,,- Shore Drive 22,507 ADT 27,300 ADT (Level of Existing Land Use - Service "D") 4,853 ADT Proposed Land Use ' - 6,539 AUT Average Daily Trips 2 as defined by a 47,465 square foot grocery store as defined by a grocery store and 10 fueling position gasoline station KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 3 TRAFFIC ENGINEERING: Please note that the proposed Trip Generation numbers are conservative. They assume a free-standing gasoline station not tied to any other business. In the case of this application, which is a Kroger Fuel Station, many of the trips are not new trips. They are considered internal capture trips. In other words, many of the gasoline patrons were already destined to the grocery store. They just stopped by the gasoline station prior to leaving the site. Therefore, it can be expect that the ADT and peak hour numbers will be less. WATER: This site currently connects to City water. The existing two-inch domestic water meter (City ID #53315731) and the existing fire meter (City ID #52143732) can be used or upgraded to accommodate the proposed development. SEWER: This site is already connected to city sanitary sewer. Sanitary sewer and pump station analysis for pump station #307 is required to determine if future flows can be accommodated. FIRE: Canopy lighting shall not consist of drop-down or sag -lenses fixtures. Flush -mounted or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained average of 30 footcandles (fc). All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society (IES) along with requirements of the City of Virginia Beach Lighting Ordinance. EVALUATION AND RECOMMENDATION The proposed automobile service station is consistent with the Comprehensive Plan and associated plans and guidelines for the Shore Drive Corridor. This neighborhood support use is proposed in an existing retail parking lot taking advantage of presumably unnecessary parking spaces. Vehicular access and parking lot design will be reconfigured to accommodate both the gas pumps and grocery store, while maintaining just one point of shared ingress/egress on Shore Drive. The proposed canopy complements the design, colors, and materials of the grocery store, and is in compliance with existing guidelines. Landscaping along the property's street frontage is already in place in accordance with existing guidelines. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS The site shall be developed and landscaped substantially in accordance with the submitted "Conditional Use Site Plan", dated 11/29/10, last revised February 2011, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel Center R-532 09-272", dated January 14, 2010. Signage depicted n KROGER LIMITED PARTNERSHIP I' - Agenda Item 91 y Page 4 the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag -lenses fixtures. Flush -mounted or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society (IES) along with the requirements of the City of Virginia Beach Lighting Ordinance. 4. The free-standing sign shall be monument style and limited to dimensions and location as allowed by the City Zoning Ordinance. All other signage shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or "flag" style signs on the site. 6. The applicant shall install a sidewalk from Shore Drive to the entrance of the grocery store. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 8. A 15 -foot minimum yard shall be required along all lot lines adjoining the residential district. Category IV landscape screening shall be required within the yard area. Plantings should be innovative in terms of spacing, species, diversity, and arrangement to allow variation for visual enhancement while separating uses. 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. ,rr'11A 13 F.4 KROGER LIMITED PARTNERSHIP Agenda Item 9 Page 5 L.. H-ollis Rd. Shore Drive t - . r o . G' •i. gis � _ Oat ra.w.r m.csw.or.r SHORE ORVE AOIPE 60 wt 'RM'lt 1, v I _ iawT EXISTING N� w� 4T �855F �wwue° nux Nares •..� w.,r... w,u rR�Fa� _ f` LEGEND fo.Bam—-- ,SI..M.®,YE+� Los VCTOW ROAD p..l.q TREE-sc I . REg TO BE CONDITIONAL USE SITE PLAN rC M` PROBO, RFRJLEElNt SC.LL TIRE Z's -- -- PROPOSED SITE PLAN KROGER LIMITED PARTNERSHIP I Agenda Item 9� Page 7 ik } M,r ter., qqq • rear elevation (facing parking lot) ' a �r front elevaton (facing Shore Drive) all ifti two &Wdw #aft luopr stop) 71e k. first!e —k to confmm +ire Mbxvmt*� 2=1 a=a proposed modlfled monument sign Panel . 709. (Ssf less than existing 75sf panel ) side elevation (facing entrance) Kroger Fuel Center R-532 09 272 lan-n to grin PROPOSED BUILDING ELEVATION' KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 8 lw'` A - J EXISTING SIGNAGE ELEVATION KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 9 PHOTOGRAPH OF EXISTING KROGER STORE KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 10 BAYSI DE Al-- F-; Krnuer Limited Partnership Zortilly with conditions: Proffers. open "W' - r+•+•�••••--••- Space Promotion or PDH•2 Overlays SD - Shore Drive Overlay # DATE 1 02/29/88 01/12/8 2 02/25/03 3 1109/04 4 02/27/01 02/27/01 5 06/28/05 6 12/03/96 7 �11/18/08 REQUEST Rezoning (0-1 to B-2) Rezoning (B-2 to 0-1) Use Permit (motor vehicle sales) Rezoning (R5R (SD) to Conditional A-25(SD)) Rezoning (B-2(SD) to O-2(SD)) Use Permit (housing for seniors) Use Permit (motor vehicle sales) Use Permit (automobile service station) Use Permit (communications tower) Use Permit (church with childcare) APPLICANT ACTION Oliver Family Land Trust Approved The Oliver Family Land Approved Trust JBA Two, LLC A proved Hollis Road Associates, Approved LLC RH Builders, Inc. Approved RH Builders, Inc. A roved Shore Drive Auto Sales Approved Fast Fare, Inc. Approved T -mobile Northeast Approved Bayside Christian Church Approved ZONING HISTORY KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 11 I� DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) KRGP INC. , an Ohio corporation its general partner (List of officers a }�rUL1i c 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) THE KROGER CO. & SUBSIDIARIES (as of March 010) IL ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Penult Application Page 9 of 10 Revised 71312007 DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 12 9 Q z C:) U 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) 3mmuctmaattx Sykes, Bourdon, Ahern & Levy, P.C. Robertson Loia Roof Architects & Engineers ' "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. s "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 affliated 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 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. John C. Lucas Apai6rit's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Condidonal Use Permit Applostion Page 10 of 10 Revised 713!2007 DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 13 Ail L 1 � ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FAcsIM I LE: 757-456-5445 January 25, lou Via Hand Deliver tf Jack Whitney, Director Department of Planning Building 2, Room 115 Municipal Center Virginia Beach, Virginia 23456 Attn: Leslie Bonilla JON M. AHERN R, EDWARD BOURDON. JR. JAMES T. CROMWELL L. STEVEN EMMERT JACQUELINE A. FINK KIRK B. LEVY MICHAEL J. LEVY HOWARD R. SYKES, JR. Re: Authorization of John C. Lucas to execute applications on behalf of Kroger Limited Partnership I To Whom It May Concern: The undersigned, R. Edward Bourdon, Jr., attorney for Kroger Limited Partnership I, does hereby verify and acknowledge that John C. Lucas is the Mid - Atlantic Real Estate Manager for Kroger Limited Partnership I and as such has authority to execute applications for use permits on behalf of the Company. Sincerely R. Edward Bourdon, Jr. REBjr/arhm \\SykesW2k\users\AM\Conditional Use Permit\Kroger\Shore Drive\Whitney_Ltr 1-25-ii.doc DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 14 KRGP INC. an Ohio corporation OFFICERS David B. Dillon President Paul W. Heldman Vice President and Secretary Scott M. Henderson Vice President and Treasurer Patricia T. Ash Vice President and Assistant Secretary Martha Cutright Sarra Vice President and Assistant Secretary Bruce M. Gack Vice President and Assistant Secretary Mary Elizabeth Van Oflen Vice President and Assistant Treasurer James E. Hodge Vice President Kevin M. Dougherty Vice President Dorothy D. Roberts Assistant Secretary Thomas A. Smith Assistant Treasurer DIRECTORS David B. Dillon Paul W. Heldman J, Michael Schlotman Bruce M. Gack DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP I Agenda Item 9 Page 15 Item #9 Kroger Limited Partnership 1 Conditional Use Permit 4625 Shore Drive District 4 Bayside February 9, 2011 CONSENT An application of Kroger Limited Partnership I for a Conditional Use Permit (automobile service station) on property located on portion of 4625 Shore Drive, District 4, Bayside. GPIN: 1479-56-5947-0000. CONDITIONS 1. The site shall be developed and landscaped substantially in accordance with the submitted "Conditional Use Site Plan", dated 11/29/10, last revised February 2011, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed insubstantial accordance with the submitted elevation "Kroger Fuel Center R-532 09-272", dated January 14, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag -lenses fixtures. Flush -mounted or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society (IES) along with the requirements of the City of Virginia Beach Lighting Ordinance. 4. The free-standing sign shall be monument style and limited to dimensions and location as allowed by the City Zoning Ordinance. All other signage shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or "flag" style signs on the site. 6. The applicant shall install a sidewalk from Shore Drive to the entrance of the grocery store. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 8. A 15 -foot minimum yard shall be required along all lot lines adjoining the residential district. Category IV landscape screening shall be required within the yard area. Plantings should be innovative in terms of spacing, species, diversity, and arrangement to allow variation for visual enhancement while separating uses. Item #9 Kroger Limited Partnership I Page 2 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. By a vote of 10-0, with the abstention so noted, the Board approved item 9 for consent. Eddie bourdon appeared on behalf of the applicant. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABS RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Board approved item 9 for consent. Eddie bourdon appeared on behalf of the applicant. NN �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILDLIFE RESPONSE, INC., Conditional Use Permit, wildlife rehabilitation center, 3592 Indian River Road (GPIN 1483386300). PRINCESS ANNE DISTRICT. MEETING DATE: March 22, 2011 ■ Background: The applicant, Wildlife Response, Inc. ("WRI"), requests a Conditional Use Permit to allow development of the site for a wildlife rehabilitation center. The applicant was incorporated in 1992 as the area's first wildlife rehabilitation organization. Over the years, WRI has utilized home-based wildlife rehabilitators through a dedicated 24-hour, 7 day per week hotline that receives over 11,000 calls a year from concerned citizens with questions about wildlife care or found animals. This service decreases the number of wildlife calls the area's animal control agencies have to respond to. The proposed Wildlife Response & Rehabilitation Center ("the Center") will be a central location where local citizens, animal control officials and other agencies can drop off wildlife; as well as provide a redistribution center for animals where they can be triaged, then sent to permitted home-based wildlife rehabilitators. This facility will provide state of the art veterinary care, and a safe recuperation site for wildlife brought there. WRI will also provide security for the Center by having a caretaker onsite, thus maintaining the property's integrity and minimizing the risk of vandalism and trespassing. Most recuperated wildlife will be released offsite in appropriate habitat. Release criteria depends on variables such as weather, time of year, species of animal, age of animal or number of animals. The Center will also launch an expanded educational platform for WRI that will be used to cultivate an understanding of our immediate environment and the wildlife that we cohabitate with. This portion of WRI's mission will be fulfilled with onsite and offsite programs which may include "wild ambassadors" (animals unable to be returned to the wild but can help spread the message of wildlife conservation). This proposal is master planned for three phases. The first phase would renovate the existing structure for use as a caretaker / director residence and construct rehabilitation enclosures to house recuperating wildlife. The plan insures that a majority of the current wooded area would remain in a natural state. The second phase proposes a medical treatment center, additional, rehabilitation enclosures, Wildlife Rehabilitation Center Page 2 of 3 solar /water collection platforms and a workshop facility for onsite maintenance. The final phase would be for an administration / education facility and trail system. The operation of the site varies with the seasons. During the winter months, staff may be limited to one or two staff /volunteers, while during the busy season there may be up to a half dozen staff/volunteers on site at any given time to take care of patients. Suggested hours of operation could be as follows: September 1St through March 31St the hours will be from 10:00 a.m. to 6:00 p.m. and from April 1St to August 31St hours of operation may from 8:00 a.m. to 8:00 p.m. ■ Considerations: This proposal protects and integrates the site's natural resources, while achieving over 50% of the developable area's existing natural resources for open space and internal green space. The goals and policies of the Comprehensive Plan, the ITA Plan and the Transition Area Design Guidelines are reflected in the proposed development, and implements a vision set forth in the ITA and Vicinity Master Plan. Therefore, staff recommends approval of this request with the following conditions. 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 site shall be developed substantially in accordance with the submitted "Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 1 of 2 not dated and prepared by Aatlantia Design Group, Inc. and "Enlarged Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 2 of 2 not dated, prepared by Aatlantia Design Group, Inc.. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The proposed caretaker house will be renovated substantially in accordance with the submitted "Alterations and Renovations to Wildlife Response - Caretaker House Sheet AE201, dated March 12, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Wildlife Rehabilitation Center Page 3 of 3 3. The design and construction of all pathways (both private &public) and animal enclosures in all phases will need to be coordinated with Virginia Beach Parks and Recreation Planning Design and Development. 4. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. 5. Individual diseased or dying trees can be removed only after consultation with City Arborist. ■ 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 I/ ; City Manager: S V � � •temro.nnce�+Na.,non•,. f�_5 RA REQUEST: Conditional Use Permit (Wildlife Rehabilitation Center) ADDRESS I DESCRIPTION: 3592 Indian River Road 12 February 9, 2011 Public Hearing APPLICANT: WILDLIFE RESPONSE, INC. PROPERTY OWNEF: CITY OF VIRGINIA BEACH STAFF PLANNER: Karen Proch10 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14833863000000 PRINCESS ANNE 50.4 acres 70 dB - 75 dB DNL SUMMARY OF REQUEST The applicant, Wildlife Response, Inc. ("WRI"), requests a Conditional Use Permit to allow development of the site for a wildlife rehabilitation center. The applicant was incorporated in 1992 as the area's first wildlife rehabilitation organization. Over the years, WRI has utilized home-based wildlife rehabilitators through a dedicated 24-hour, 7 day per week hotline that receives over 11,000 calls a year from concerned citizens with questions about wildlife care or found animals. This service decreases the number of wildlife calls the area's animal control agencies have to respond to. However, with over 1.5 million people calling this region home, WRI has been hard pressed to keep up with the increasing number of wildlife that come into care each year. Provision of this proposed wildlife rehabilitation center will help already over -tasked agencies run more efficiently as well as reduce the number of private animal shelters to take in wild animals that should not be in companion domestic animal facilities By combining the existing volunteer hotline and rehabilitation services with this proposed facility, WRI plans to expand its existing services into a more full-service organization dedicated solely to wildlife care. WILDLIFE REHABILITATION CENTER Agenda Item 12 ' Page 1 rF Oo C The proposed Wildlife Response & Rehabilitation Center ("the Center") will be a central location where local citizens, animal control officials and other agencies can drop off wildlife; as well as provide a redistribution center for animals where they can be triaged, then sent to permitted home-based wildlife rehabilitators. This facility will provide state of the art veterinary care, and a safe recuperation site for wildlife brought there. WRI will also provide security for the Center by having a caretaker onsite, thus maintaining the property's integrity and minimizing the risk of vandalism and trespassing. Most recuperated wildlife will be released offsite in appropriate habitat. Release criteria depends on variables such as weather, time of year, species of animal, age of animal or number of animals. The Center will also launch an expanded educational platform for WRI that will be used to cultivate an understanding of our immediate environment and the wildlife that we cohabitate with. This portion of WRI's mission will be fulfilled with onsite and offsite programs which may include "wild ambassadors" (animals unable to be returned to the wild but can help spread the message of wildlife conservation). This proposal is master planned for three phases. The first phase would renovate the existing structure for use as a caretaker / director residence and construct rehabilitation enclosures to house recuperating wildlife. The plan insures that a majority of the current wooded area would remain in a natural state. The second phase proposes a medical treatment center, additional, rehabilitation enclosures, solar /water collection platforms and a workshop facility for onsite maintenance. The final phase would be for an administration / education facility and trail system. The operation of the site varies with the seasons. During the winter months, staff may be limited to one or two staff /volunteers, while during the busy season there may be up to a half dozen staff/volunteers on site at any given time to take care of patients. Suggested hours of operation could be as follows: September 1St through March 31St the hours will be from 10:00 a.m. to 6:00 p.m. and from April 1St to August 31St hours of operation may from 8:00 a.m. to 8:00 p.m. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Primarily undeveloped with a single family dwelling on the site SURROUNDING LAND North: • Rural residential / AG-1/AG-2 Agricultural Districts USE AND ZONING: • Church and private school / AG-1/AG-2 Agricultural Districts South: . Indian River Road • Rural residential/ AG-1/Ag-2 Agricultural Districts East: . Undeveloped land / AG-1/Ag-2 Agricultural Districts West: . Rural residential / AG-1/Ag-2 Agricultural Districts NATURAL RESOURCE AND The majority of the site is undeveloped and heavily wooded with mature CULTURAL FEATURES: trees and vegetation. Wetlands and Southern Watershed Management: Areas exist on the western side of the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons. South Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduces by -right residential density, yet overall still offers a unique opportunity for education, entertainment, recreation, habitat preservation, by - right rural residential and agricultural and related activities. It is not the intent of this Plan for this area to WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 2 become part of the urban area north of the Green Line. Instead, the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. (p. 4-1) The Comprehensive Plan recommends that South Princess Anne Commons be preserved and enhanced as needed to protect its major natural area located along the North Land River. Development proposals should adhere to the planning and design principles cited in the 'Transition Area Design Guidelines,' and strive to achieve 50% open space including berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. Site plans should respect and showcase the site's valued natural resources incorporating a well planned system of multipurpose trails, greenways and other linkages, especially with regard to the Stumpy Lake -Back Bay Greenway, to implement the strategic goals of the Outdoors Plan. Furthermore, all development proposals should conform to the provisions of the Oceana land Use Conformity program and AICUZ provisions as well as employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM) `Certified' rating. (p. 4-1 through 4-10) There are areas within Princess Anne Commons that deserve special attention and specific goals and policies. One such area is the ITA. The ITA was created in 2005 to address land use compatibility issues associated with frequent overflights of military jets in this part of the City that are impacted by noise zones at or greater than 65DNL. Planning policies affecting the ITA have been carefully written to achieve compliance with provisions of the City's adopted Oceana Land Use conformity program. (p. 4-10) These planning policies include the Interfacility Traffic Area (ITA) and Vicinity Master Plan that will serve as a master plan for Princess Anne Commons adopted by City Council on January 25, 2011. In this master plan, the site of the proposed use is designated as a wildlife rehabilitation center. (p. 22) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the north side of Indian River Road approximately three quarters of a mile west of North Landing Road. Indian River Road is a two lane minor suburban arterial classified as a Princess Anne Commons/Transition Area Parkway and an Access Controlled Road in the 2009 Master Transportation Plan, with a 150' right-of-way specified therein. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,450 ADT 13,600 ADT (Level of Existing Land Use "— Service "C") - capacity 10 ADT Proposed Land Use'' - 60 ADT Average Daily Trips 2 as defined by 1 single family dwelling 3 as defined by I SF dwelling, 2,400 SF administration center & 4,500 SF rehabilitation center STORMWATER MANANGEMENT: Phase 2 and 3 improvements will need to address stormwater quality regulations. WATER: There is no City water available to this site. Water analysis, construction plans and bonds are required for the water system. Health Department approval is required for a private well. WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 3 SEWER: There is no City water available to this site. Sewer analysis, pump station calculations, construction plans and bonds are required for the sewer system. Health Department approval is required for a septic system. FIRE DEPARTMENT: Uniform Statewide Fire Prevention Code: Section 508.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into with the jurisdiction. The ate supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other approved fixed systems capable of providing the required fire flow to a fire hydrant. It is recommended that an automatic fire detection system be installed in this facility. PARKS AND RECREATION: The design and construction of all pathways and animal enclosures in all phases will need to be coordinated with Parks and Recreation Planning Design and Development. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. Individual diseased or dying trees can be removed only after consultation with City Arborist. The applicant acknowledges that any trail or public path system on this property will need to be coordinated with Parks and Recreation. POLICE DEPARTMENT: With future phases, the installation of closed circuit TV should be considered. EVALUATION AND RECOMMENDATION This proposal protects and integrates the site's natural resources, while achieving over 50% of the developable area's existing natural resources for open space and internal green space. The goals and policies of the Comprehensive Plan, the ITA Plan and the Transition Area Design Guidelines are reflected in the proposed development, and implements a vision set forth in the ITA and Vicinity Master Plan. Therefore, staff recommends approval of this request with the following conditions. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 1 of 2 not dated and prepared by Aatlantia Design Group, Inc. and "Enlarged Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 2 of 2 not dated, prepared by Aatlantia Design Group, Inc.. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The proposed caretaker house will be renovated substantially in accordance with the submitted "Alterations and Renovations to Wildlife Response - Caretaker House Sheet AE201, dated March 12, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The design and construction of all pathways (both private &public) and animal enclosures tri all;phases WILDLIFE REHABILITATION CENT ER Agenda Rer ,a 12 Page 4 will need to be coordinated with Virginia Beach Parks and Recreation Planning Design and Development. 4. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. 5. Individual diseased or dying trees can be removed only after consultation with City Arborist. 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. WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 5 - 4t, /� iL, I il, ..u-J.L -- , _-.--JiL M PROPOSED SITE PLAN WILDLIFE REHABILITATION UEN I EK Agenda Item 12 k: Page 7 LL 03: O LL p c_ C Z W W �••• o 1 Z y 24 -a� \l.2�•-21n' 'o �Q J 'Q K w LL 03: O LL p c_ C Z W W �••• o Z y 'o �Q J 'Q CL Q U = Z W O ly C.) 026 t9 W tr M QZG•t w d W 02 0 PROPOSED ENLARGED SITE PLAN� WILDLIFE REHABILITATION CENTER?► Agenda Item 12r Page 8 law, . r Nil %)f. L_1i-,-.' RENDERING OF CARETAKER'S BUILDING WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 10 FDIISCLOSLLIRE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) (see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NONE ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & � See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes X No If yes, what is the name of the official or employee and the nature of their interest? C " oww, 'T`NE PRoPE�LY Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 12 W cn r`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 S ervices: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. l_15A 15AICL-OW Print Name ,tt Es K. SSP©RE Print Name Conditional Use Permit Application Page 10 of 10 Revised 713.2007 VVILULIrt_ Ktr1At5ILI I H 1 IUIN UtIN I tK Agenda Item 12 Page 13 Item #12 Wildlife Response, Inc. Conditional Use Permit 3592 Indian River Road District 7 Princess Anne February 9, 2011 CONSENT An application of Wildlife Response, Inc. for a Conditional Use Permit (Wildlife Rehabilitation Center) on property located at 3592 Indian River Road, District 7, Princess Anne. GPIN: 1483-38-6300-0000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 1 of 2 not dated and prepared by Aatlantia Design Group, Inc. and "Enlarged Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 2 of 2 not dated, prepared by Aatlantia Design Group, Inc.. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The proposed caretaker house will be renovated substantially in accordance with the submitted "Alterations and Renovations to Wildlife Response - Caretaker House Sheet AE201, dated March 12, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The design and construction of all pathways (both private &public) and animal enclosures in all phases will need to be coordinated with Virginia Beach Parks and Recreation Planning Design and Development. 4. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. 5. Individual diseased or dying trees can be removed only after consultation with City Arborist. 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. AYE11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE Item #12 Wildlife Response, Inc. Page 2 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 12 for consent. Lisa Barlow, the applicant, appeared before the Board. jSi • AW (� aj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAYLOR FARMS LAND CO., INC., BEACH DISTRICT. Use Permit, borrow pit, 2297Harpers Road (GPIN 2405665160) MEETING DATE: March 22, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a 25 acre borrow pit. The borrow pit will be located along the southeast portion of the site adjacent to Dam Neck Road. The anticipated completion date of the excavation is November 2020. Anticipated dates and hours of operation will be largely dependent upon the demand of third parties for excavated material. If demand is high the hours of operation will not exceed 7:00 a.m. to 7:00 P.M. Monday through Saturday. The number of trucks hauling the excavated material will vary depending upon demand but should not exceed 150 trucks per day. The intent of this proposal is to ingress Bthe andting curb cut and median break egress. This proposal indicates that located on Dam Neck Road for trucks will be entering and exiting off Dam Neck Road. ■ Considerations: The proposal n locate a borrow pit with access off of Dam Neck Road and a with stockpile/storage areas, a construction proposed site plan identifying berms trailer and parking located along the Dam Neck Road frontage is not consistent with the Comprehensive Plan's rnC mmendions best econom cfor use andlal access manc Growth agement ment Area 3, with respect to highest and along Dam Neck Road. The applicant met with Public Works to discuss using their existing access off of Harpers Road in lieu of their existing access from Dam Neck Road. Public Works primary concern still relates to the safety of fully loaded dump trucks exiting the proposed borrow pit site directly from the applicant's access off of Dam Neck Road. The applicant does not propose to use the access off of Harpers Road. If the applicant reconsiders, a revised plan would need to be submitted depicting access off of Harpers Road. Taylor Farms Land Co., Inc. Page 2 of 3 In addition, the following information for a use permit of a borrow pit as designated within the Zoning Ordinance will need to be provided prior to site plan approval. A written description or plan of all proposed improvements to mitigate the traffic impacts associated ztat on, striping andhauling rother trafficding contbut rol not limited to turn lanes, g measures. A written description of the effects of the proposal upon the city streets of the area including but not limited to the factor of safety A written plan on how to reduce the impact on noise, dust, odor or other nuisance upon surrounding properties Based on the above evaluation, staff is not recommending in support of this proposal with truck access locatedalong the fo loweng NckRonditionsthe are to be applied. proposal is recommended for approval There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 7-3, to recommend approval of this request to the City Council with the following conditions: 1. Renewal of the Conditional Use Permit is required after a five —year period. 2. The borrow pit shall be operated in a dust free manner. 3. Mitigation plans shall be required for filling of any floodplain prior to issuance of any permit. 4. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. 5. An excavation permit is required. 6. An Environmental Management Plan (EMP) that includes: Development of a water level monitoring program which utilizes at least three shallow, fully penetrating, monitoring wells. Monthly manual water level measurements collected and cataloged and quarterly assessment of field water quality parameters. Development of a Recharge Plan that limits or reduces the quantity of groundwater discharges from the site. Develop a water balance to include inflow and discharge calculations. 7. No encroachment into natural drainage channels shall be allowed. Taylor Farms Land Co., Inc. Page 3 of 3 8. , In accordance with the City's Public Works -foot 50' a ri ht-of-wa reservation of fifteen feet Standard minimum fift (15') shall be required along Harpers Road, 9. Dewatering of the pit shall be ashall be constructed toowed and the g following suspended are required: A dewatering settlement basin sediment before discharge is released. 10. Restriction of the use of the section of Har ers Road located south of Dam Neck Road to the southern terminus f�om the borrow f Harpers d pit. A haul route wil Rbe d as a haul road for trucks goingto or submitted indicating this restriction in accordance with the Zoning Ordinance. ■ 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: Planning Department City Manager: zu A , ��' (-•.- 1 BEACH by f-lu T._x. Lnt- Farms Land CO.. Inc. REQUEST: Conditional Use Permit (borrow pit) ADDRESS I DESCRIPTION: 2297 Harpers Road 17 March 9, 2011 Public Hearing APPLICANT & PROPERTY OWNER: TAYLOR FARMS LAND COMPANY LLC STAFF PLANNER: Karen Prochilo ELECTION DISTRICT: SITE SIZE: AICUZ: GPIN: 328.26 acres Greater than 75 dB DNL Portion of BEACH 24056651060000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a borrow pit. The borrow pit will be located along the southeast portion of the site adjacent to Dam Neck Road. The anticipated completion date of the excavation is November 2020. The borrow pit is approximately 25 acres in size. It is anticipated that 800,000 cubic yards of material (overburden and sand) shall be excavated from the proposed pit. Anticipated dates and hours of operation will be largely dependent upon the demand of third parties for excavated material. If demand is high the hours of operation will not exceed 7:00 a.m. to 7:00 p.m. Monday through Saturday. The number of truck hauling the excavated material will vary depending upon demand but should not exceed 150 trucks per day. The intent of this proposal is to use the existing curb cut and median break located on Dam Neck Road for ingress and egress. This proposal indicates that trucks will be entering and exiting off Dam Neck Road. TAYLOR FARMS LAND CO., INC. Agenda Item 17 Page 1 APPLICATION HISTORY: The applicant deferred the request at the January 12, 2011 Planning Commission meeting to work with staff on issues regarding access and site design. The applicant re- submitted the request with one borrow pit on the site in lieu of the two originally proposed. The applicant has not relocated the original construction access from Dam Neck Road to Harpers Road. The site plan has been re -designed to show the one pit LAND USE AND PLAN INFORMATION EXISTING LAND USE: Cultivated farm field SURROUNDING LAND North: • Harpers Road USE AND ZONING: • Oceana Naval Air Station South: . Dam Neck Road • Undeveloped property / AG -1 Agricultural District East: • Undeveloped property / AG -1 Agricultural District • Corporate Landing Middle School/ AGA Agricultural District West: • Harpers Road Undeveloped property / AGA Agricultural District • Oceana Naval Air Station NATURAL RESOURCE AND The property is currently under cultivation. There do not appear to be CULTURAL FEATURES: any significant environmental features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Special Economic Growth Area 3 (SEGA 3), South Oceana, within the Suburban Area. This area is viewed as a special area with significant economic value and growth potential (p. 3-32 Policy Document). In the western part of SEGA 3 there are considerable flood plain and environmental constraints, high noise zones, accident potential zones and Navy restrictive easements. However, the area located north of Dam Neck Road and east of Holland Road is free of these constraints and possesses greater development opportunities. The Plan supports development and redevelopment of this area consistent with AICUZ provisions and the City's Economic Growth Strategy. Every effort should be made, where feasible, to consolidate parcels to achieve a more unified development pattern. Direct private access to Dam Neck Road will not be permitted except when property has no other reasonable access to the circulation system as it is part of the City's Access Controlled Road Network. High quality employment, corporate parks and light industrial uses are identified for undeveloped tracts in this area (p. 3-32). There are large tracts of undeveloped land in the area north of London Bridge Road. High quality corporate businesses have developed in the Corporate Landing Business Park. The proposed Southeastern Parkway will traverse the eastern part of this area generally in a northeast to southwest direction and, when built, will provide this area with good regional access. CITY SERVICES TAYLOR FARMS LAND CO., .INC. Agenda Item _17 Page 2 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The existing site borders both Harpers Road and Dam Neck Road. Proposed access to the site is off of Dam Neck Road, which is a four -lane divided major suburban arterial limited -access roadway with a one -hundred sixty -five-foot right-of-way width with both sidewalk and bike path. The City's Master Transportation Plan depicts Dam Neck Road to ultimately be a six -lane divided parkway in this area, but there are currently no CIP projects scheduled for this segment of the roadway. Additional site frontage is along Harpers Road, which is a two-lane collector with a twenty -five-foot right-of-way width (and approximately eighteen to twenty feet of pavement). Harpers Road is shown on the Master Transportation Plan as an undivided four -lane major collector with a one - hundred -foot -right-of-way width. There is currently no capital improvement plan (CIP) project scheduled for this segment of Harpers Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 31,900 ADT 32,500 ADT (Level of Service "C") Existing Land Use — 219 ADT / 22 PEAK Hour 34,900 ADT' (Level of Proposed Land Use `' — Service "D")/ Capacity 306 ADT / 33 PEAK Hour 37,100 ADT ' (Level of Service "E" Harpers Road 7,400ADT 6,200 ADT (Level of "C") Service 9,900 ADT' (Level of Service "D") / Capacity 11,100 ADT' (Level of Service "E" Average Daily Trips 2 as defined by 328 acres zoned AG -2 3 as defined b 150 trucks dailyplus 3 employees assumed on site duringoperating hours PUBLIC WORKS / TRAFrrc trv1L.71NCCM1NW :- o o The proposed entrance location for this site is on Dam Neck Road, which in this segment has a speed limit of 55 miles per hour and is an access -controlled roadway. As stated in the application, there is an existing curb cut and median break that was designed when the roadway was built for potential future site development, in order to accommodate a traffic signal. However, Traffic Engineering feels that the type of vehicular traffic (dump trucks) generated by the proposed use creates a safety concern for traffic on Dam Neck Road. Exiting trucks turning onto Dam Neck Road would be entering high-speed traffic, and dump trucks are not as able to accelerate to these high speeds as quickly as most passenger vehicles. Travelers on Dam Neck Road could experience: • The risk of rear -end crashes due to large speed differentials between ve• hicles. The potential for side -swipe crashes due to unexpected lane changes by vehicles attempting to avoid the slow-moving dump trucks. • Travel delays from both the reduced speeds created by the slower trucks, and the additional crashes described above. Providing an access point on Dam Neck Road may be reasonable for certain types of site uses, but large generators of traffic, especially generators of heavy -vehicle traffic as in this situation, are not well-suited for direct access onto Dam Neck Road. The borrow pit will not warrant a traffic signal on its own, so that is not an option at this point. o A right -out -only proposal has been suggested in order to reduce these stated safety concerns; however, Traffic Engineering feels that this proposal does not address enough of the problem. Exiting TAYLOR FARMS LAND CO., INC. Agenda Item 17 Page 3 trucks will still have to find appropriate gaps in the high-speed vehicular traffic on Dam Neck Road whether turning right only or with full access. Additionally, the right -out limitation is largely unenforceable due to the physical characteristics of the site as well as the improbability of any full-time monitoring of exiting truck traffic. Allowing truck traffic to enter Dam Neck Road at an existing traffic signal eliminates any need to limit access to right -out only while creating safer access to Dam Neck Road regardless of direction. o The warning signs with flashing lights that have been suggested for installation along Dam Neck Road are not a standard City practice. One reason for this is that the signs would be installed in order to identify the creation of a hazardous situation. Because one of the core Missions of the Traffic Engineering Division involves enhancing traffic safety for road users, it would be inappropriate to create this type of situation, whether drivers are warned of it or not, on any permanent or semi- permanent basis. Additionally, according to the MUTCD such signs "should be kept to a minimum as the unnecessary use of warning signs tends to breed disrespect for all signs." o This site also fronts Harpers Road. As noted, the current right-of-way width of Harpers Road is twenty-five feet. The proposed site plan as submitted indicates a right-of-way reservation of twenty feet as per the City's Master Transportation Plan (MTP) ultimate right-of-way width. In order to bring the right-of-way width to City of Virginia Beach Public Works standard minimum fifty -foot right-of-way width, a right-of-way dedication of fifteen feet is required. A reservation of twenty-five feet should then be added onto that dedication to help bring the roadway into conformance with the ultimate one - hundred -foot right-of-way width that is shown on the MTP. o The proposed entrance on Dam Neck Road is likely a poor location for this type of application, due to those reasons discussed above. Traffic Engineering recommends relocating the entrance to the Harpers Road frontage, so that truck traffic will be able to exit the site onto a lower -speed roadway, and then be able to access Dam Neck Road at the existing signalized intersection of Harpers Road and Dam Neck Road. o Harpers Road ranked ninth on the 2008 Crash Ranking of Arterial Road Segments in Virginia Beach. The reasons for the high crash rate of this segment of roadway have not been fully analyzed, but it could reasonably be assumed that the substandard geometrics of the roadway may have some correlation to the crash rate. The pavement width varies between eighteen and twenty feet in many areas, and little to no shoulder exists on either side of the roadway between the edge of pavement and the drainage ditches. Introduction of any additional traffic, in particular dump trucks and other large vehicles, onto this roadway should be approached with care and considerable attention given to improving the safety of the motoring public. o For the reasons stated above, Traffic Engineering recommends not only relocating the entrance to Harpers Road, but also requiring right-of-way improvements including pavement and shoulder widening at the driveway location to help facilitate dump trucks exiting the site onto Harpers Road. Further comments will be provided following submittal of a haul route and site/land disturbing plan. WATER: This site must connect to City water. There is a 20 -inch City water main in Harpers Road. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. There is a 12 -inch City sanitary sewer main in Harpers Road. There is a 42 -inch HRSD force main in Harpers Road. TAYLOR FARMS LAND CO., INC. Agenda Item -17 Page 4 PUBLIC UTILITES: Information on the dewatering operation such as location, volume to be discharged and the rate of the discharge is required. There is a small potential for irrigation wells to be impacted but a greater potential for the creation of wetlands. ECONOMIC DEVELOPMENT: This property has significant development potential given its size and location along the four lane Dam Neck Road. The size and location of the excavation significantly diminishes the development potential for the parcel. A coordinated development plan would allow for a borrow pit to be strategically placed to serve as the stormwater management facility for any future development. EVALUATION AND RECOMMENDATION The proposal to locate a borrow pit with access off of Dam Neck Road and a proposed site plan identifying berms with stockpile/storage areas, a construction trailer and parking located along the Dam Neck Road frontage is not consistent with the Comprehensive Plan's recommendations for Special Economic Growth Area 3, with respect to highest and best economic use and access management along Dam Neck Road. Additionally, the applicant met with Public Works to discuss access off of Harpers Road in lieu of access from Dam Neck Road. Public Works primary concern still relates to the safety of fully loaded dump trucks exiting the proposed borrow pit site. A revised plan would need to be submitted depicting access off of Harpers Road. In addition, the following information for a use permit of a borrow pit as designated within the Zoning Ordinance will need to be provided prior to site plan approval. • A written description or plan of all proposed improvements to mitigate the traffic impacts associated with the hauling operation, including but not limited to turn lanes, signalization, striping and other traffic control measures. • A written description of the effects of the proposal upon the city streets of the area including but not limited to the factor of safety • A written plan on how to reduce the impact on noise, dust, odor or other nuisance upon surrounding properties Based on the above evaluation, staff is not recommending in support of this proposal. In the event that this proposal is recommended for approval the following conditions are to be applied. CONDITIONS 1. Renewal of the Conditional Use Permit is required after a five —year period. 2. The borrow pit shall be operated in a dust free manner. 3. Mitigation plans shall be required for filling of any floodplain prior to issuance of any per TAYLOR FARMS LAND CO., INC. .Agenda Item 17 Page 5 4. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. 5. An excavation permit is required. An Environmental Management Plan (EMP) that includes: Development of a water level monitoring program which utilizes at least three shallow, fully penetrating, monitoring wells. nts collected and cataloged and quarterly assessment of field Monthly manual water level measureme water quality parameters. Development of a Recharge Plan that limits or reduces the quantity of groundwater discharges from the site. Develop a water balance to include inflow and discharge calculations. 7. No encroachment into natural drainage channels shall be allowed. 6. Approximately feet of right -of way dediGation shall b requiFed. In accordance with the City's Public Works Standard minimum fifty foot (50') a right-of-way reservation of fifteen feet (15') shall be required along Harpers Road. 9. Dewatering of the pit shall be allowed and the following are required: A dewatering settlement basin shall be constructed to capture suspended sediment before discharge is released. 10. Restriction of the use of the section of Har ers Road located south of Dam Neck Road to the southern terminus of Harpers Road at London Bridge Road as a haul road for trucks going to or from the borrow pit A haul route will be submitted indicating this restriction in accordance with the Zoning Ordinance. 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. TAYLOR FARMS LAND CO., INC. Agenda Item,17 Page 6 NORTH, aai i s- PROPOSED SITE PLAN TAYLOR FARMS LAND CO., INC. Agenda Item 17 Page 8 N PROPOSED RECLAMATION PLA TAYLOR FARMS LAND CO., INC. Agenda Item 17 Page 9 1 �p OUR NpS\�NS ,,.-t-A--_..,1--- BEACH nr:111.1_10 Tax -lar Farms Land Co., Inc. zouinJ whh Conditions Proffers CUP For isorrow rub # DATE REQUEST from AG -1 & AG -2 to Conditional 1-2 ACTION Approved 1 2 07/08/2008 03/22/2005 Rezoning Conditional Use Permit outdoor recreational facilit Approved 3 05/14/2002 Rezonin from AG -1 & AG -2 to Conditional 1-2 Approved Approved 4 02/11/1997 Conditional Use Permit communications tower A proved 5 09/14/1993 Conditional Use Permit horse race track Approved 6 09/14/1993 Rezonin from 1-2 to AG -1 & AG -2 Approved pp Rezonin from AG -1 & AG -2 to 1-2 Ap roved 7 06/22/1993 Conditional Use Permit auto repair Approved 8 05/08/1989 1Conditional Use Permit olf course 'EA ZONING HISTORY I� TAYLOR FARMS LAND CO., INC. Agenda Item 17 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Taylor Farms Land Company, LLC; Linda Taylor Chappell sole managing member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Not applicable ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Not applicable Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 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) Kaufman & Canoles, PC MSA, P. C. Suburban Grading & Utilities, Inc. "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. Linda Taylor Chappell, Manager plic t s Signa ure14j ilMa9 r)q Mln)by Print Name �► Not applicable Property Owner's Signature (if different than applicant) Print Name Cwddwwl use Pem* Application Page 10 of 10 Revised 7/32007 DISCLOSURE STATEN LENT TAYLOR FARMS LAND CO., INC. Agenda Item 17 Page 12 Item #17 Taylor Farms Land Company, L.L.C. Conditional Use Permit Borrow Pit 2297 Harpers Road District 6 Beach March 9, 2011 REGULAR An application of Taylor Farms Land Company, L.L.C. for a Conditional Use Permit (borrow pit) on property located at 2297 Harpers Road, District 6, Beach. GPIN: 2405665060000. Staff recommended denial of this application. CONDITIONS 1. Renewal of the Conditional Use Permit is required after a five —year period. 2. The borrow pit shall be operated in a dust free manner. 3. Mitigation plans shall be required for filling of any floodplain prior to issuance of any permit. 4. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. 5. An excavation permit is required. 6. An Environmental Management Plan (EMP) that includes: Development of a water level monitoring program which utilizes at least three shallow, fully penetrating, monitoring wells. Monthly manual water level measurements collected and cataloged and quarterly assessment of field water quality parameters. Development of a Recharge Plan that limits or reduces the quantity of groundwater discharges from the site. Develop a water balance to include inflow and discharge calculations. 7. No encroachment into natural drainage channels shall be allowed. 8. ' way4ed1k,it4en shall be . In accordance with the City's Public Works Standard minimum fifty -foot (501 a right of way reservation of fifteen feet (151 shall be required along Harpers Road. 9. Dewatering of the pit shall be allowed and the following are required: A dewatering settlement basin shall be constructed to capture suspended sediment before discharge is released. 10. Restriction of the use of the section of Harpers Road located south of Dam Neck Road to the southern terminus of Harpers Road at London Bridge Road as a haul road for trucks going to or from the borrow pit. A haul route will be submitted indicating this restriction in accordance with the Zoning Ordinance. Item #17 Taylor Farms Land Company, L.L.C. Page 2 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. AYE 7 NAY 3 ABS 0 BERNAS FELTON NAY HENLEY AYE HODGSON NAY HORSLEY AYE LIVAS NAY REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABSENT 1 ABSENT By a vote of 7-3, the Board approved the application of Taylor Farms Land Company, L.L.C. with the conditions as amended. Ann Crenshaw spoke on behalf of the applicant. Bryant Goodloe and Robert Miller spoke as technical advisors on behalf of the applicant. Richard Lowman, Public Works Traffic Engineer, spoke on the traffic impacts of this application. There was no opposition to the application. ON � RH N zip C-1 -a Tit m Nu e� `t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN BAY HOMES, INCJSILVER HILL CANAL, LLC, Conditional Change of Zoning, Conditional B-2 Community Business District to Conditional A- 12 Apartment, 1645 Salem Road (GPIN 1475842793; 1475749833; 1475757276). CENTERVILLE DISTRICT. Comprehensive Plan — Suburban Area. OCEAN BAY HOMES, INCJSILVER HILL CANAL, LLC, Floodplain Variance, Conditional B-2 Community Business District to Conditional A-12 Apartment, 1645 Salem Road (GPIN 1475842793; 1475749833; 1475757276). CENTERVILLE DISTRICT. Comprehensive Plan — Suburban Area. MEETING DATE: March 22, 2011 ■ Background: The applicant proposes to consolidate 3 parcels into 1 in order to construct up to 32 townhomes in a condominium form of ownership. A Change of Zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District and a Floodplain Variance are required in order for development to occur on the property as depicted on the submitted concept plan. The proffered concept plan depicts 4, 6 -unit buildings and 2, 4 -unit buildings. Building 4, with 6 units, is almost entirely within the 100 year floodplain. The amount of floodplain impact is 15,320 square feet. As required by the Floodplain Ordinance, 15,320 square feet outside of the floodplain shall be altered for floodplain mitigation. This mitigation is proposed as 2 areas on the site to be excavated to an elevation to match the 100 year floodplain in order to absorb flood waters that would otherwise be displaced due to the reduction of the floodplain. ■ Considerations: This site has a bit of zoning history. In 1997, these parcels, in conjunction with 5 additional acres to the north and east, were conditionally rezoned to B-2 Business Community District. With that application, this property was identified as a wooded area that would remain as such. The staff report stated that any development on this site would require additional review by City Council, even though it was rezoned to Conditional B-2, as no specific site layout was presented. Encroachment into the floodplain was proposed along Lynnhaven Parkway, much more encroachment than now proposed. Ocean Bay Homes, Inc. Page 2 of 4 In 2000, a modification to a small portion of the site, 1 acre along Salem Road, was approved to enable the reconfiguration of both a building and parking lot that were not in keeping with the 1997 proffer agreement. No portion of the property now in question was considered during this reassessment. The shared ingress/egress for the existing office building and the proposed townhomes was constructed as a result of the 2000 reconsideration as a "temporary road" and at a reduced pavement width standard (24 feet wide). In 2003, a request for a Change of Zoning and a Conditional Use Permit for housing for seniors was denied by City Council on 9.26 acres of the 10.18 acres under consideration. The proposed impact on the floodplain, approximately 15,000 square feet, is very similar to that proposed with the senior housing application with approximately 14,000 square feet. Staff is supportive of both the rezoning request and the floodplain variance request. Building 4, with 6 units, is almost entirely within the 100 year floodplain. The amount of floodplain impact is 15,320 square feet. As required by Section 5B of the Site Plan Ordinance, 15,320 square feet outside of the floodplain shall be altered for floodplain mitigation. This mitigation is proposed as 2 areas, totaling 15,320 square feet, currently outside of the 100 year floodplain but on the site, that will be excavated to an elevation to match the 100 year floodplain in order to absorb flood waters that would otherwise be displaced due to the reduction of the floodplain. The ingress/egress to the townhomes is proposed via the existing 24 foot wide drive that is shared with the adjacent commercial parcel. There is a right-in/right- out access to the southbound lanes of Salem Road as well as an unsignalized full -access entrance at a median break on Salem Road. An emergency drive with direct access to Salem Road and "turn arounds" are proposed to assist with maneuvering of fire apparatus. The proposed emergency access must be gated and locked with a Fire Department approved Knox lock. The applicant will be required to coordinate with the Fire Marshall's office regarding this emergency access. The applicant offered to convey a "conservation easement" to the City which would add an extra layer of protection to a portion of the floodplain that exists on this site. While inclusion of this easement was not a requirement or request of staff, the adjacent neighborhood requested additional assurance regarding the preservation of the wooded floodplain adjacent to their homes. Revisions to the proffer agreement and the development exhibit were made after the Planning Commission hearing. The rezoning request is consistent with the recommendations found in the Comprehensive Plan that calls for protection of the predominantly suburban character of the area. The proposal is compatible with the surrounding Ocean Bay Homes, Inc. Page 3 of 4 residential dwellings to the west and south and provides a good transition to the existing low intensity commercial uses just north of the proposed townhouses. Therefore staff recommends approval of the request subject to the revised proffers listed below and the revised Development Exhibit Sheet 1 of 2. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "DEVELOPMENT EXHIBIT FOR THE SEASONS AT SALEM, SALEM ROAD & LYNNHAVEN PARKWAY VIRGINIA BEACH, VA", dated September 29, 2010, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Salem Road as depicted on the Concept Plan. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-two (32). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Concept Plan. PROFFER 5: When the Property is developed, all undeveloped portions of the property lying outside the Grantee's existing Drainage Easement for Salem Canal and to the west and north of the improved areas depicted on the Concept Plan shall be Ocean Bay Homes, Inc. Page 4 of 4 preserved as Privately Owned Natural Open Space with a PF tie Conservation Easement deeded to the Grantee. The Condominium Association may use the Open Space Area for passive recreation (i.e. unpaved nature trails) without removing trees or filling in the floodplain. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The revised proffers listed above are acceptable. The City Attorney's Office has reviewed the revised proffer agreement dated September 29, 2010, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Revised Site Plan Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department' �1 City Manage • L • 1T� CE:N'TER J ILLS Map L-12 Ocean Bad Homes, Inc. 2 B2?- Al2' a R1 Conditional Zoning Change from 8-2 to Conditional A-12 So.0 Promai"n or P[Wt O.erlry. REQUESTS: Conditional Change of Zoning (Conditional B-2 to Conditional A-12) 4 & 5 February 9, 2011 Public Hearing APPLICANT: OCEAN BAY HOMES, INC., A VIRGINIA CORPORATION PROPERTY OWNER: SILVER HILL CANAL, LLC STAFF PLANNER: Carolyn A.K. Smith Floodplain Variance to section 5B of the Site Plan Ordinance that does not permit any filling, including development, within the 100 year floodplain ADDRESS / DESCRIPTION: 1645 Salem Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14758427930000 CENTERVILLE 10.18 acres Less than 65 dB DNL 14757498330000 14757572760000 SUMMARY OF REQUEST The applicant proposes to consolidate 3 parcels into 1 in order to construct up to 32 townhomes in a condominium form of ownership. A Change of Zoning from Conditional B-2 Community Business District to Conditional A-12 Apartment District and a Floodplain Variance are required in order for development to occur on the property as depicted on the submitted concept plan. The proffered concept plan depicts 4, 6 -unit buildings and 2, 4 -unit buildings. All 32 units are front loaded with double car garages. The proffered elevations depict units with exterior materials consisting of a mix OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 1 of brick, vinyl siding and vinyl shakes. Asphalt shingle roofs are also depicted. Each unit will have a small private yard, enclosed by a 6 foot vinyl fence. The ingress/egress to the townhomes is proposed via the existing 24 foot wide drive that is shared with the adjacent commercial parcel. An emergency drive with direct access to Salem Road and "turn around" are proposed to assist with maneuvering of fire apparatus. A detailed landscaping plan has been proffered to increase screening and aesthetics beyond the minimum requirements. A black aluminum fence along Salem Road and an entry feature are both depicted on the site plan. Building 4, with 6 units, is almost entirely within the 100 year floodplain. The amount of floodplain impact is 15,320 square feet. As required by the Floodplain Ordinance, 15,320 square feet outside of the floodplain shall be altered for floodplain mitigation. This mitigation is proposed as 2 areas on the site, but currently outside of the 100 year floodplain, to be excavated to an elevation to match the 100 year floodplain in order to absorb flood waters that would otherwise be displaced due to the reduction of the floodplain. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: • Lynnhaven Parkway USE AND ZONING: • Single family dwellings / PD -H2 Al2 Apartment District South: . Multi family dwellings / PD -H2 R5D Residential District East: • Salem Road Office Uses / Conditional B-2 Community Business District West: . Single-family dwellings / PD -H2 R-10 Residential District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. Salem CULTURAL FEATURES: Canal runs north/south along the rear property line. Of the 10.13 acres, 7.12 acres is within Floodplain "AE." The majority of the site is a site in transition with a mix of young pine and a few hard woods. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 and 3-2). Staff finds the multifamily use is consistent with the land -use characteristics of the 3 adjacent residential neighborhoods. CITY SERVICES OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 2 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Salem Road is a 4 -lane divided minor suburban arterial with a 45 mph speed limit. The MTP designates this facility as a 125 foot right-of-way. Lynnhaven Parkway is a 4 -lane divided major urban arterial with a 45 mph speed limit. The MTP designates this facility as a 110 foot right-of-way. There are no CIP projects at this location. Street Name Present Volume Present Capacity p Generated Traffic Lynnhaven Parkway 18,500 ADT 17,300 ADT (Level of Existing Land Use – — Service "C") - 27,300 ADT' 2,240 ADT 590 3 (Level of Service "D") Proposed Land Use 3- 240 ADT Salem Road 15,000 ADT' 28,200 ADT' (Level of 2 Salem High Service "C") - 30,600 ADT' 1759 2 2 Level of Service "D" 2 ,change' represents the difference between generated students under the existing zoning and under the proposed zoning. The number Average Daily Trips 2 as defined by 4.072 acres of B-2 3 as defined by 32 townhouses WATER: This site must connect to City water. There is an existing 16 inch City water main along both Salem Road and Lynnhaven Parkway. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #567 may be required to determine if future flows can be accommodated. There is an 8 inch City sanitary sewer force main along Lynnhaven Parkway. There is 10 inch City sanitary sewer gravity main and a 16 inch City sanitary sewer force main along Salem Road. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment — Rosemont Forrest 521 590 3 3 Elementary -- 2 Salem Middle 1027 983 2 Salem High 1897 1759 2 2 "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 This site has a bit of zoning history. In 1997, these parcels, on conjunction with 5 additional acres to the north and east, were conditionally rezoned to B-2 Business Community District. With that application, this OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 3 property was identified as a wooded area that would remain as such. The staff report stated that any development on this site would require additional review by City Council, even though it was rezoned to Conditional B-2, as no specific site layout was presented. Encroachment into the floodplain was proposed along Lynnhaven Parkway, much more encroachment than now proposed. In 2000, a modification to a small portion of the site, 1 acre along Salem Road, was approved to enable the reconfiguration of both a building and parking lot that were not in keeping with the 1997 proffer agreement. No portion of the property now in question was considered during this reassessment. The shared ingress/egress for the existing office building and the proposed townhomes was constructed as a result of the 2000 reconsideration as a "temporary road" and at a reduced pavement width standard (24 feet wide). In 2003, a request for a Change of Zoning and a Conditional Use Permit for housing for seniors was denied by City Council on 9.26 acres of the 10.18 acres under consideration. The proposed impact on the floodplain, approximately 15,000 square feet, is very similar to that proposed with the senior housing application with approximately 14,000 square feet. Staff is supportive of both the rezoning request and the floodplain variance request. Building 4, with 6 units, is almost entirely within the 100 year floodplain. The amount of floodplain impact is 15,320 square feet. As required by the Floodplain Ordinance, 15,320 square feet outside of the floodplain shall be altered for floodplain mitigation. This mitigation is proposed as 2 areas, totaling 15,320 square feet, currently outside of the 100 year floodplain but on the site, that will be excavated to an elevation to match the 100 year floodplain in order to absorb flood waters that would otherwise be displaced due to the reduction of the floodplain. The ingress/egress to the townhomes is proposed via the existing 24 foot wide drive that is shared with the adjacent commercial parcel. There is a right-in/right-out access to the southbound lanes of Salem Road as well as an unsignalized full -access entrance at a median break on Salem Road. An emergency drive with direct access to Salem Road and "turn arounds" are proposed to assist with maneuvering of fire apparatus. The proposed emergency access must be gated and locked with a Fire Department approved Knox lock. The applicant will be required to coordinate with the Fire Marshall's office regarding this emergency access. The applicant has offered to convey a "preservation easement" to the City which would add an extra layer of protection to a portion of the floodplain that exists on this site. A "super majority" or 9 affirmative votes would be required to eliminate such an easement where a modification to a proffer agreement requires only 6 affirmative votes. While inclusion of this easement was not a requirement or request of staff, the adjacent neighborhood requested additional assurance regarding the preservation of the wooded floodplain adjacent to their homes. A slight clarification to the proffer agreement or to the site plan is required between Planning Commission and City Council in order to exclude the portion of the floodplain on this site that is already encumbered by a drainage easement. The rezoning request is consistent with the recommendations found in the Comprehensive Plan that calls for protection of the predominantly suburban character of the area. The proposal is compatible with the surrounding residential dwellings to the west and south and provides a good transition to the existing low intensity commercial uses just north of the proposed townhouses. Therefore staff recommends approval of the request subject to the proffers listed below. PROFFER 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 OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 4 proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "DEVELOPMENT EXHIBIT FOR THE SEASONS AT SALEM, SALEM ROAD & LYNNHAVEN PARKWAY VIRGINIA BEACH, VA", dated September 29, 2010, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Salem Road as depicted on the Concept Plan. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-two (32). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Concept Plan. PROFFER 5: When the Property is developed, all undeveloped portions of the property lying to the west and north of the improved areas depicted on the Concept Plan shall be preserved as Privately Owned Natural Open Space with a Preservation Easement deeded to the Grantee. The Condominium Association may use the Open Space Area for passive recreation (i.e. unpaved nature trails) without removing trees or filling in the floodplain. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated September 27, 2010, and found it to be legally sufficient and in acceptable legal form. OCEAN BAY HOMES, INC. Agenda Item 4'& 5 Page 5 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. OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 6 lot 17 0� �t Y da owl; 0040.0 5" PkWY -Lynaven .01 0 C I've, low I we A VM)16IVd N3A VHNNA 7 .l9Vr M.�l:• S L i Y�k ter.. PROPOSED SITE LAYOUT -,-- OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 8 --.114111 1 z � ac cn a ue mm '3 J - y c w Z w 5i (BOO>tz�7a� 4F°O f 0079 ` 6 PROPOSED SITE LAYOUT -,-- OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 8 --.114111 1 '3 J - y Z V079• r7�rY it�io f 0079 ` 6 PROPOSED SITE LAYOUT -,-- OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 8 --.114111 1 r i O d Q a NO- ►tg lzli PROPOSED BUILDING ELEVATION !' OCEAN BAY HOMES, INC. M� Agenda Item 4 & 5 Page 9 OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 10 REZ (R -5D to Conditional A-12 with PD -H2 Overla Granted 2 06/26/07 12/09/03 REZ (Conditional B-2 to 0-2) Denied 71 CUP (senior housing) Denied 03/14/00 MOD of Proffers Granted Granted 07/01/97 REZ (R-10 to Conditional B-2) 06/02/86 REZ R-5 to B-2 Denied Granted 3 09/22/98 REZ R-10 to A-12 with PD H2 Overlay) 4 08/27/02 REZ (R -5D to Conditional B-2) Granted 09/25/01 MOD of Proffers Granted Granted CUP (fuel sales) 07/14/98 REZ (R -5D to Conditional B 2 Granted 5 02/08/00 REZ (R-10 to R -5D) Granted Granted Floodplain Variance Denied 11/10/98 REZ (R-10 to Conditional A-12) 6 12/12/83 REZ R-5 to R-10 with PD -1-12 Overlay Granted OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Ocean Bay Homes, L.L.C.: Brian C. Large, President; Bradley J. Waitzer, Vice President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOTa 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) Silver Hill Canal, L.L.C.: Richard Waitzer, Managing Member 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 Conditional Rezoning Appl"tvn Pope 11 of 12 Revised 8/1!2004 OCEAN BAY HOMES, INC. Agenda Item 4`& 5 Page 11 0 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, Ahem & Levy, P.C. WPL ' "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. Brian C. Large, President Print Name Richard Waitzer, Mg. Member Print Name Conditional Rezoning Application Pege 12 of 12 Revised 9/1/2004 OCEAN BAY HOMES, INC. Agenda Item 4 & 5 Page 12 Item #4 & 5 Ocean Bay Homes, Inc. Change of Zoning District Classification Floodplain Variance 1645 Salem Road District 1 Centerville February 9, 2011 APPROVED An application of Ocean Bay Homes, Inc. for a Conditional Change of Zoning from Conditional B-2 to Conditional A-12; and Floodplain Variance to Section 5B of the Site Plan Ordinance on property located at 1645 Salem Road, District 1, Centerville. GPIN: 1475-84-2793-0000; 1475-74-9833-0000; 1475-75-7276-0000. Eddie Bourdon appeared on behalf of the applicant. Mr. Lee Barnes appeared in opposition. 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 with the clerk of the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "DEVELOPMENT EXHIBIT FOR THE SEASONS AT SALEM, SALEM ROAD & LYNNHAVEN PARKWAY VIRGINIA BEACH, VA", dated September 29, 2010, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Salem Road as depicted on the Concept Plan. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-two (32). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Concept Plan. PROFFER 5: When the Property is developed, all undeveloped portions of the property lying to the west and north of the improved areas depicted on the Concept Plan shall be preserved as Privately Owned Natural Open Space with a Preservation Easement deeded to the Grantee. The Condominium Association may use the Open Space Area for passive recreation (i.e. unpaved nature trails) without removing trees or filling in the floodplain. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. Item #4&5 Ocean Bay Homes, Inc. Page 2 The City Attorney's Office has reviewed the proffer agreement dated September 27, 2010, 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. By a vote of 11-0, the Board approved items 4 & 5. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved items 4 & 5. , 1 A VM VYVd N3A VHNNA 7 ------ _ 8'ZL~y--,A,[7TlN•-- ,M?61 3.-/-KiY N ------ -- I 1 , 1 � a; M1 L] - W O Lo. W J „ � P y a--- - - -- --- a ,[8'LY[ M.8Z.L1f1B8' tl� yp� 1 '8 163 s �� YY ib 111119 i�Vjx s 42, Vill Q ' q Fgls 411211111! 1 1111g1! . Fa- g ; b§ In13 1' gom 114111 1N 5 In Reply Refer To Our File No. DF -7840 TO: Mark D. Stiles �oFROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ocean Bay Homes, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 22, 2011. 1 have reviewed the subject proffer agreement, dated September 29, 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 0 OCEAN BAY HOMES, INC., a Virginia corporation SILVER HILL CANAL, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of September, 201o, by and between OCEAN BAY HOMES, INC., a Virginia corporation, Grantor, party of the first part; SILVER HILL CANAL, L.L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of three (3) contiguous parcels of property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 1o.18o acres designated as Parcels 3-A, 2A -1-A and 2A -2A, in Exhibit "A" attached hereto and incorporated herein by this reference. The three (3) parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property containing approximately 1o.18o acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional B-2 Commercial District: to Conditional A-12 Apartment District; and GPIN: 1475-84-2793 1475-74-9833 1475-75-7276 Prepared By: R. Edward Bourdon, Jr., Esquire PREPARED BY: Sykes, Bourdon, Ahern & Levy, P.C. W.10 SULS, BOURDON, 281 Independence Blvd. 01 A1£RN & L£VY, P.C. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 i 1 WHEREAS, the Property is currently subject to certain proffered "covenants and restrictions" affecting its commercial development under the B-2 Business District Zoning, said proffers being recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3759, at Page 1786 and in Deed Book 4216, at Page 1451 (the 4'B-2 Proffers") which will be vacated by the Grantee's approval of this change of Zoning District Classification and recordation of these Proffered Covenants, Restrictions and Conditions; 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 party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the party of the first part 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, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation tc the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, persona. representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and withou-': any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restriction.; which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons PREPARED BY: claiming under or through the Grantor, its successors, personal representatives, assigns, RIM SYktS, BOURDON, Mil AIMIN & LEVY. IT. grantee, and other successors in interest or title: 2 1. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "DEVELOPMENT EXHIBIT FOR THE SEASONS AT SALEM, SALEM ROAD & LYNNHAVEN PARKWAY VIRGINIA BEACH, VA", dated September 29, 2010, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Salem Road as depicted on the Concept Plan. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed thirty-two (32). 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Concept Plan. 5. When the Property is developed, all undeveloped portions of the property lying outside the Grantee's existing Drainage Easement for Salem Canal and to the west and north of the improved areas depicted on the Concept Plan shall be preserved as Privately Owned Natural Open Space with a Conservation Easement deeded to the Grantee. The Condominium Association may use the Open Space Area for passive recreation (i.e. unpaved nature trails) without removing trees or filling in the flood plain. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepter'. 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 comprehensivC, 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 suc',z PREPARED BY: instrument, provided that said instrument is consented to by the Grantee in writing as EM SurS, POUPDON, 6R ARM & tEVY, P.C. 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 i 3 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 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; (g) 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 name of the Grantor and the Grantee. PREPARED BY: 0.10 SYIC£S, BOURDON, MR A14£RN & LEVYP.C. s 4 WITNESS the following signature and seal: Grantor: Ocean Bay Homes, Inc., a Virginia corporation EAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: g The foregoing instrument was acknowledged before me this oS 9 day of September, 2olo, by Brian C. Large, President of Ocean Bay Homes, Inc., a Virginia corporation, Grantor. Notary Public t s >, My Commission Expires: 2 Notary Registration No.: PREPARED BY: M,Ifl SYKES, BOUPDON, Nil AII[i�N & LEVY, ff WITNESS the following signature and seal: Grantor: Silver Hill Canal, L.L.C., a Virgin ljiraitedliability company Richard artzer, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this a day of September, 2010, by Richard Waitzer, Managing Member of Silver Hill Canal, L.L.C., a Virginia limited liability company, Grantor. _4_N�o_tary Public My Commission Expires: Notary Registration No.: PREPARED BY: MW SYKES. DOUPDON, /90AURN & L Y. P.0 re PREPARED BY: 10.10 SYKE-S, POUPDON, Mil ARERN & LLVY. IT EXHIBIT "A" LEGAL DESCRIPTION Parcel 3A: ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the Kempsville Borough of he City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 3A, as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PARCEL 2A-1, 2A-2 & 13 CREATING PARCELS 2A -1A, 2A -2A, 3A AND 13A, SUBDIVISION PLAT OF PARCEL 2A, CREATING PARCELS 2A-1 & 2A-2 PLAT OF PROPERTY TO BE ACQUIRED FROM HENRY & JOSEPH OVERHOLT, TRUSTEES (DB 1629, PG 289) (DB 2786, PG 1201) KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA, (MB 267, PG 8o-81)", and dated November 29, 2000, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 292, at Pages 52 & 53, to which reference is hereby made for a more particular description. GPIN: 1475-84-2793 Parcel 2A -1A: ALL THAT certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel 2A -1A (area = 242,273 SF, 5.561 Ac. GPIN: 1475-75-9833), as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PARCEL 2A-1, 2A-2 & 13 CREATING PARCELS 2A -1A, 2A -2A, 3A AND 13A, SUBDIVISION PLAT OF PARCEL 2A, CREATING PARCELS 2A-1 & 2A-2 PLAT OF PROPERTY TO BE ACQUIRED FROM HENRY & JOSEPH OVERHOLT, TRUSTEES (DB 1629, PG 289) (DB 2786, PG 12o1) KEMPSVILLE BOROUGH - VIRGINIA BEACH. VIRGINIA, (MB 267, PG 8o-81)", and dated November 29, 2000, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, ir.. Map Book 292, at Pages 52 & 53, to which reference is herby made for a more particular description. TOGETHER WITH right to a perpetual non-exclusive easement of right of way 40' in width as granted in Deed Book 3897, at Page 725, dated May 8, 1998, across Parcel 2A-2 of Mal) Book 267, Pages 8o and 81 and as further vacated and relocated by Map Book 292, Pages 52 and 53 across Parcel 2A -2A, formerly known as Parcel 2A-1 of Map Book 267, Pages 8o and 81. GPIN: 1475-74-9833 Parcel 2A -2A: ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virginia, and being known, numbered and 7 designated as Parcel 2A -2A, as shown on that certain plat entitled, "RESUBDIVISION D PLA OF PARCEL 2A-1, 2A-2 & 13 CREATING PARCELS 2A -1A, 2A -2A, 3 SUBDIVISION PLAT OF PARCEL 2A, CREATING PARCELS 2A-1 & 2A-2 PLAT OF PROPERTY TO BE ACQUIRED FROM HENRY & JOSEPH OVERHOLT, TRUSTEES (DB 1629, PG 289) (DB 2786, PG 1201) KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA, (MB 267, PG 8o-81)", and dated November 29, 2000, which said plat is duly recorded in the Clerk's Office of the Circuit wa more particular Map Book 292, at Pages 52 & 53, to which reference is herby made for description. TOGETHER WITH right to a perpetual non-exclusive easement of right of way 40' in width as granted in Deed Book 3897, at Page 725, dated May 8, 1998, across Parcel 2A-2 of Map Book 267, Pages 8o and 81 and as further vacated and relocated by Map Book 292, Pages 52 and 53 across Parcel 2A -2A, formerly known as Parcel 2A-1 of Map Book 267, Pages 8o and 81. GPIN: 1475-75-7276 H:\AM\ConditionalRezoning\OceanBayHomes\The Seasons at Salem\Proffer.doc PREPARED BY: 0.10Syk,5, ROUPD'ON Wil AURN & LPT P.( IA- g�1 �S! 1 I�x Lty"y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROY E. BRINN, JR., Subdivision3453 Robinson Road (GPIN 2412660458). PRINCESS ANNE DISTRICT. ROY E. BRINN, JR., Floodplain Variance, 3453 Robinson Road (GPIN 2412660458). PRINCESS ANNE DISTRICT. MEETING DATE: March 22, 2011 APPLICATION HISTORY: At the request of the applicant, this item was deferred at the January 11, 2011, City Council hearing. ■ Background: Existing Lot: The existing site totals 49.567 acres and contains an existing single-family home and barn. The majority of the site is a cultivated field. The site is zoned AG -1 and AG -2 Agricultural Districts. Proposed Lots: it is the intent of the applicant to subdivide the site into two parcels in order to construct a new single-family dwelling and retain the existing single-family home. The applicant has stated that the existing dwelling will be gifted to his son and the new residence will be for him. Proposed Site C will contain the existing single-family home and barn and total 2.18 acres. Proposed Site D will contain the new dwelling and total 47.15 acres. The front portion of this site located along Robinson Road where the required lot width is measured is located within the flood plain subject to special restrictions and is also located within a 60 -foot public drainage easement. The existing single-family home is located outside of the floodplain subject to special restrictions and the proposed dwelling will also be located outside of the floodplain. The floodplain variance involves the proposed driveway to the new residence. It is the intent of the applicant to construct a gravel driveway from Robinson Road to the proposed dwelling. Approximately 400 linear feet of the gravel driveway will be located within the floodplain. Due to the required gravel fill for the proposed driveway a variance for filling in the floodplain is required. Item Required Site C Site D Lot Width in feet 150 0*(153.09 actual) 0*(848.08 actual Lot Area in acres 1 acre 2.18 acres 47.15 acres *Variance required, due to the flood plain subject to special restrictions and the 60 -foot public drainage easement ■ Considerations: This is a simple request to subdivide meet the lotng area requirement parcel emenand havetheelot wlidth to ly members. The proposed parcels meet the minimum lot width requirement. The front portion of this site where the lot width is measured is located within the floodplain subject to special restrictions and a 60 -foot public drainage easement. The Zoning Ordinance excludes these areas from counting towards the minimum lot requirements and a variance tothe minimum lot width requirement is required. be to accommodate gravel for the prop sed The to fill in the floodplain needed will the new residence. In summary, the proposed single-family home and associated impervious hard surfaces will be located outside of the floodplain in an area of the best type of soils for drainage and water table characteristics. 100 -percent mitigation will be provided for the filling in the floodplain to accommodate the proposed driveway. Therefore, this request meets the Rural Area Design Guidelines of the Comprehensive Plan and is acceptable. Staff recommends approval of this request with the conditions 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: 1. The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of the Property of Roy E. Brinn, Jr."; dated May 12, 2009 and revised on September 29, 2010, prepared by Bonifant Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. 100 -percent onsite mitigation is required for the gravel fill to accommodate the proposed driveway within the floodplain. 3. The proposed gravel driveway from Robinson Road to within 150 -feet of the proposed dwelling must be a minimum of 14 -feet wide and designed to support 75,000 pounds of vehicle loading. 4. A 10 -foot right-of-way dedication is required along Robinson Road to upgrade this roadway to an acceptable minimum 50 -foot right-of-way. ■ 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 r City Manager:vz- P PRINCESS ANNE Hier pis Rov E. Blinn, Jr. ek ,d December 8, 2010 Public Hearing ' AG2 AG2 - 4; , �/� /� / �• MUDDY CREEK RD. APPLICANT: A o �' AG2 Al AG2 ROY E. BRINN, JR. AG2 Ct �AGi tQ AG u PROPERTY OWNERS: G1 AG2Q - G, NORMA G. AND AG2 °AG2 AG_ AG2 ROY E. BRINN. JR. Subdh4slon Variance 8 Flood Plain Variance STAFF PLANNER: Ray Odorn REQUESTS: 5. Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance. 6. Floodplain Variance to Section 5B.5(c) of the Site Plan Ordinance, which does not permit filling in the floodplain. ADDRESS I DESCRIPTION: 3455 Robinson Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24126604580000 Princess Anne 49.567 Acres Less than 65 dB DNL SUMMARY OF REQUEST Existing Lot: The existing site totals 49.567 acres and contains an existing single-family home and barn. The majority of the site is a cultivated field. The site is zoned AG -1 and AG -2 Agricultural Districts. Proposed Lots: It is the intent of the applicant to subdivide the site into two parcels in order to construct a new single-family dwelling and retain the existing single-family home. The applicant has stated that the existing dwelling will be gifted to his son and the new residence will be for him. Proposed Site C will contain the existing single-family home and barn and total 2.18 acres. Proposed Site D will contain the new dwelling and total 47.15 acres. The front portion of this site located along Robinson Road where the required lot width is measured is located within the flood plain subject to special restrictions and is also located within a 60 -foot public drainage easement. Although each lot does have the minimum required lot width, Section 200(c) of the City Zoning Ordinance excludes the floodplain areas, subject to special restrictions, from counting towards the minimum lot width and lot area requirements. In addition, Section 200(b) of the Zoning ROY E. BRINN Agenda Items 5 & 6 Page 1 Ordinance excludes public or private utility and drainage easements over 20 -feet in width from counting towards the minimum lot width and lot area requirements. Therefore, the proposed parcels do not meet the minimum lot width requirement, due to the floodplain subject to special restrictions, and the 60 -foot public drainage easement and a variance is required. Each lot meets the minimum lot area requirement outside of the flood plain subject to special restrictions and the drainage easement. The existing single- family home is located outside of the floodplain subject to special restrictions and the proposed dwelling will also be located outside of the floodplain. The floodplain variance involves the proposed driveway to the new residence. It is the intent ofthe ximatel applicant to construct a gravel driveway from Robinson Road to the proposed dwelling. Approximately 400 linear feet of the gravel driveway will be located within the floodplain. The driveway must be constructed to support emergency vehicles. In most cases four to six inches of gravel is sufficient. However, depending on the soils an additional depth may be required. Due to the required gravel fill for the proposed driveway a variance for filling in the floodplain is required. Approximately, 280 -feet of the driveway will be located within an existing farm road. All impervious hard surfaces, required parking, etc., will be located outside of the floodplain. item Lot Width in feet 150 0 153.09 actual 0` 848.08 actual Lot Area in acres 1 acre 2.18 acres 47.15 acres "Variance required, due to the flood plain subject to special restrictions and the 60 -foot public drainage easement LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling/agricultural field SURROUNDING LAND North: • Single-family homes/ cultivated fields/ AG -1 and AG -2 USE AND ZONING: Agricultural Districts South: • Single-family homes/ cultivated fields/ AG -1 and AG -2 Agricultural Districts East: • Robinson Road/ single-family homes/ cultivated fields/ AG -1 and AG -2 Agricultural Districts West: . cultivated fields/ AG -1 Agricultural District NATURAL RESOURCE AND The majority of the site is a cultivated field. The front portion of the site is located within CULTURAL FEATURES: traversesthe f front floodplain. ns of this site. public easement Pond type watery features are located within the easement. ROY E. BRINN Agenda Items 5 & 6 Page 2 COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities. The Rural Area Design Guidelines of the Plan states that one should subdivide residential lots on soils that possess the best drainage and water table characteristics. Although, the front portion of this site is located in the floodplain the proposed dwelling is to be located outside of the floodplain in an area consisting of Class I Soils. Class I Soils do possess the best drainage and water table characteristics, which is in keeping with the guidelines. In regards to the floodplain development activity concerning the driveway, the Comprehensive Plan recommends that wherever possible development should be avoided inside floodplain areas and similar low- lying areas without acceptable mitigation. 100 percent mitigation will be required as a condition of the floodplain variance request to insure that floodplain mitigation will be provided with no net lost to the floodplain area. IMPACT ON CITY SERVICES TRAFFIC: The addition of one additional lot/residence on this site will have no significant impact on traffic in this area. WATER and SEWER: This site is not served by City water and sewer. On-site systems currently and/or will serve these sites. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. ROY E. BRINN Agenda Items 5 & 6 Page 3 EVALUATION AND RECOMMENDATION This is a simple request to subdivide an existing rural parcel to accommodate family members. The proposed parcels meet the lot area requirement and have the lot width to meet the minimum lot width requirement. The front portion of this site where the lot width is measured is located within the floodplain subject to special restrictions and a 60 -foot public drainage easement. The Zoning Ordinance excludes these areas from counting towards the minimum lot requirements and a variance to the minimum lot width requirement is required. The only fill in the floodplain needed will be to accommodate gravel for the proposed driveway to the new residence. In summary, the proposed single-family home and associated impervious hard surfaces will be located outside of the floodplain in an area of the best type of soils for drainage and water table characteristics. 100 -percent mitigation will be provided for the filling in the floodplain to accommodate the proposed driveway. Therefore, this request meets the Rural Area Design Guidelines of the Comprehensive Plan and is acceptable. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of the Property of Roy E. Brinn, Jr."; dated May 12, 2009 and revised on September 29, 2010, prepared by Bonifant Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. 100-precent onsite mitigation is required for the gravel fill to accommodate the proposed driveway within the floodplain. 3. The proposed gravel driveway from Robinson Road to within 150 -feet of the proposed dwelling must be a minimum of 14 -feet wide and designed to support 75,000 pounds of vehicle loading. 4. A 10 -foot right-of-way dedication is required along Robinson Road to upgrade this roadway to an acceptable minimum 50 -foot right-of-way. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ROY E. BRINN Agenda Items 5 & 6 Page 4 f - IVI dy cl-ee kzh qq�q l QVYM l�nM`, ha' FYI' �pqp • lL�OIVHA7M Of /NDIl�1Y Mf $417 OhE OR ADCr Okh- NORM AMCCEMPGATE9 PROPOSED SUBDIVISION ROY E. BRINN Agenda Items 5 & 6 Page 6 ;SII PRINCESS ANNE ATap L-15 Rov E. Brinn, 1 - / 1 f w A If" ' 1 Subdivision Variance & Flood Plain Variance # DATE REQUEST APPLICANT ACTION 1 07/13/2002 Subdivision Variance John S. Dudley Approved (Minimum Lot Width, Flag Lot 2 02/24/2009 Subdivision Variance Bruce and Kellie Henley Approved (Minimum Lot Width, Flag Lot ZONING HISTORY'- ROY ISTORY'' ROY E. BRINN V Agenda Items 5 & 6 Page 8 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ` chi y �, %IA/1. -, 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant (Attach list if necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if 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) 'r ✓A: i -Md G. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Subdivision Variance Application Page 10 of 11 Revised: 7/11106 DISCLOSURE STATEMENT ROY E. BRINN Agenda Items 5 & 6 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 necessY) ��7 T 26 11 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, Lresources 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. A Ii is Signature r Print Name fi AZ A-2 r Owner's Signature (if different than applicant) Pritit Name Subdivision Variance Application Page 11 of 11 Revised 7/11/06 DISCLOSURE STATEMENT ROY E. BRINN Agenda Items 5 & 6 Page 10 Item #5 & 6 Roy E. Brinn, Jr. Subdivision Variance Floodplain Variance 3453 Robinson Road District 6 Beach December 8, 2010 CONSENT An application of Roy E. Brinn, Jr. for a subdivision variance and floodplain variance on property located at 3453 Robinson Road, District, Beach. GPIN: 24126604580000. CONDITIONS 1. The existing parcels shall be divided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of the property of Roy E. Brinn, Jr."; dated May 12, 2009 and revised on September 29, 2010, prepared by Bonifant Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. 100 -percent onsite mitigation is required for the gravel fill to accommodate the proposed driveway within the floodplain. 3. The proposed gravel driveway from Robinson Road to within 150 -feet of the proposed dwelling must be a minimum of 14 -feet wide and designed to support 75,000 pounds of vehicle loading. 4. A 10 -foot right-of-way dedication is required along Robinson Road to upgrade this roadway to an acceptable minimum 50 -foot right-of-way. Phil Bonifant appeared on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Phil Bonifant appeared on behalf of the applicant. Mr WI Nu moi•. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LEGACY DEVELOPMENT, LLC/FLORIDAYS, LLC, Conditional Chance of Zoning, A-24 to Conditional PD -1-12 with an underlying A-12 Apartment District, 4303 Bonney Road (GPIN 1477829949). Comprehensive Plan — Suburban Area LYNNHAVEN DISTRICT MEETING DATE: March 22, 2011 ■ Background: The applicant proposes to rezone the existing A-24 property in order to construct a 13 unit single family residential condominium community in lieu of the previously approved request for 16 unit townhomes. On March 24, 2009, this property was approved by City Council for a Conditional Rezoning from R-7.5 Residential District (single family) to A-24 Apartment District (townhome style condominiums). This property is currently in the process of being sold. The potential developers are proposing to build single family dwellings which require a change of zoning. Proffered building elevations depict traditional style three-story units with a single -car garage. Proposed exterior building materials are vinyl and /or fiber cement board siding in earth tone colors with a small front porch and divided lite windows. The roofs will be an asphalt shingles. ■ Considerations: Since submission of this application, the applicant has worked with staff to incorporate suggestions regarding bio -retention, buffering from adjacent residential and a five feet of right-of-way dedication along Bonney Road. As with the previously approved rezoning, this proposal adequately addressed the location of the development's entrance by the proposed proffers which state that access to this development from Bonney Road will be closed and vehicular egress and ingress will be relocated via a cross -parcel easement to the adjacent property at the time when that property is further developed. Also included is the request from the previously approved rezoning regarding the easement to be established to serve the adjacent property to the east. In addition, this proposal is complimentary to guidelines within the Comprehensive Plan regarding streetscape and in reflecting appropriate height, scale, and mass of the adjacent residential areas. Overall, the proposed Legacy Development LLC/Floridays, LLC Page 2 of 4 residential development is complimentary to the streetscape and adjacent residential uses. Staff recommends approval of this request. 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 proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be as a residential condominium, substantially in accordance with the "CONCEPTUAL SITE LAYOUT ENCLAVE AT TOWN CENTER 4303 BONNEY ROAD VIRGINIA BEACH, VA", dated 11/01/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the property is developed, it vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from Bonney Road as depicted on the Concept Plan. Should the parcel which adjoins the eastern boundary of the Property be rezoned and/or subdivided, access to Bonney Road shall be shared and shall be shifted to the east align with Thalia Road. A cross access and shared maintenance easement shall be granted in favor of the adjoining parcel to the east (GPIN 1477- 93-1003), along the shared property line prior to Site Plan approval, in order to facilitate future shared access. The party of the second part shall, prior to issuance of the first occupancy permit for a condominium unit in The Enclave at Town Center, deposit the sum of $3,000.00 in a reserve for replacement account with the Condominium Association to fund the Association's future removal, re -grading and seeding of the portion of the drive aisle which will be eliminated when the access is combined with the adjoining parcel to the east and realigned. In the event the parcel (GPIN 1477-93-1003) abutting the eastern property line of the subject Property is assembled with another parcel for rezoning for development without use of the shared access, the Grantee shall not object to the Condominium Association Legacy Development LLC/Floridays, LLC Page 3 of 4 retuning the $3,0000.00 from the reserve for replacement account to the party of the second part. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirteen (13). Each dwelling unit shall contain a minimum of 1400 square feet of living area and a one (1) car garage. PROFFER 4: The architectural design and exterior building materials of the residential buildings shown on the Concept Plan will be substantially as depicted on the exhibit entitled "THE ENCLAVE AT TOWN CENTER Virginia Beach, Virginia", dated October 25, 2010, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). PROFFER 5: The dimensional requirements applicable to The Enclave at Town Center shall be as follows: Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Garage - 20 feet Side of Dwelling - 6 feet Minimum Rear Yard and Side Yard Setback from Adjacent Properties: East - 6 feet South and West - 18 feet North — 15 feet Minimum Distance between Residential Buildings - 8 feet PROFFER 6: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwelling, patios (fenced or unfenced), drive aisles and parking areas are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulation set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review Legacy Development LLC/Floridays, LLC Page 4 of 4 and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated November 1, 2010, and found it to be legally sufficient and in acceptable legal form. ■ 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 ManageF,—," LYNNHAVEN _ 15 7 pz Le ac Deve1 ment LLC o February 9, 2011 Public Hearing APPLICANT: LEGACY tiz R7.6 Al DEVELOPMENT, A k LLCA36* 01* R60 " A18 PROPERTY OWNER: �; �- � � _ •-- - �'� _YS R75 FLORIDAY% r: -- � LLC • � --� y�—__,.--__ , --_.ass ;_-, STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning (from A-24 Apartment District to Conditional PD -1-12 with an underlying A-12 Apartment District) ADDRESS / DESCRIPTION: 4303 Bonney Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Less than 65 dB DNL 14778299490000 LYNNHAVEN 1.54 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing A-24 property in order to construct a 13 -unit single family residential condominium community in lieu of the previously approved request for 16 unit townhomes. On March 24, 2009, this property was approved by City Council for a Conditional Rezoning from R-7.5 Residential District (single family) to A-24 Apartment District (townhome style condominiums). This property is currently in the process of being sold. The potential developers are proposing to build single family dwellings which require a change of zoning. The landscape buffers on the west, south and east of the property are unchanged from the prior approved rezoning. The proffer from the previously approved rezoning regarding one entrance from Bonney Road if the additional parcel to the east is adjoined with this proposal is also included. Proffered building elevations depict traditional style three-story units with a single -car garage. Proposed exterior building materials are vinyl and /or fiber cement board siding in earth tone colors with a small front porch and divided lite windows. The roofs will be an asphalt shingles. LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Existing single family dwelling SURROUNDING LAND North: • Bonney Road USE AND ZONING: . Single family dwellings, duplex/ R -5D Residential District South: . Single family dwellings, duplex/ R-51) residential District East: . Single family dwelling/ R-7.5 Residential District West: . Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay Watershed. There are some CULTURAL FEATURES: significant, old growth trees on the site that will not be preserved and will be removed to accommodate the proposed structures. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property, proposed for infill residential development, as being located in the Suburban Area adjacent to Strategic Growth Area (SGA) 4 Pembroke. The general and specific planning principles the Plan applies in the Suburban Area reinforce predominantly suburban characteristics. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through attractiveness of site and buildings, compatibility and effective buffering, even between residential uses, with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 through 3-3) Furthermore, the Comprehensive Plan's Housing & Neighborhood policies encourages the development of housing that is attractive and affordable to a range of income groups, ages, cultures and household types. Residential development should be ecologically responsible, energy-efficient, contributes to our quality physical environment and is developed and designed according to guidelines that help protect people and property, such as the Crime Prevention Through Environmental Design (CPTED). (p. 8-5, p. 8-8) The General Community Appearance Guidelines state that residential development should enhance the quality of life for residents by incorporating safe, innovative design that integrates planning elements, such as connectivity, visually and functional open space, pedestrian networks and landscaped streetscapes. (p. A-7) Special Area Development Guidelines for the Suburban Area include specific site design, building materials, screening, landscaping, and lighting guidance for residential uses to protect and complement the visual quality, overall function, and integrity of existing neighboring properties and community. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in the vicinity of this application is considered a four -lane undivided minor urban arterial. The Master Transportation Plan proposes a four -lane facility within an 80 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a LOS D. LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 2 A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation needs in the Central Business District surrounding the Town Center. The project will be phased based on funding. TRAFFIC: I Street Name Bonney Road Present Present Capacity Volume 16,615 ADT 14,800 ADT (Level of Service "C") 22,800 ADT' (Level of Service "D'?/capacity 27,400 ADT (Level of Service "E" Generated Traffic Existing Land Use `- 94 ADT Proposed Land Use 3-- 124 ADT 9 AM Peak Hour Vehicles (total) 13 PM Peak Hour Vehicles (total) Average Daily Trips 2 as defined by previously approved rezoning of 16 townhome units 3 as defined by 13 single family condominium units Public Works Enaineerinci: A five feet dedication along Bonney Road is required to achieve the ultimate RM/ of 70 feet. WATER: This site is connected to City water. The existing meter must be upgraded to accommodate the proposed development. There is an 8 inch City water line in Bonney Road. SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #264 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 12 inch City gravity sanitary sewer main in Bonney Road. FIRE: No Fire Department comments at this time. A complete review will be done during the detailed site plan review. SCHOOLS: School CurrentCapacity Enrollment 667 692 Generation' 3 - Change 2 - 1 - 1 Thalia Elementary Independence Middle 1234 1216 2 _ 0 Princess Anne High 1934 1534 2 -- "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 Since submission of this application, the applicant has worked with staff to incorporate suggestions regarding bio -retention, buffering from adjacent residential and a 5 feet of right-of-way dedication along LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 3 Bonney Road. As with the previously approved rezoning, this proposal adequately addressed the location of the development's entrance by the proposed proffers which state that access to this development from Bonney Road will be closed and vehicular egress and ingress will be relocated via a cross -parcel easement to the adjacent property at the time when that property is further developed. Also included is the request from the previously approved rezoning regarding the easement to be established to serve the adjacent property to the east. In addition, this proposal is complimentary to guidelines within the Comprehensive Plan regarding streetscape and in reflecting appropriate height, scale, and mass of the adjacent residential areas. The proposed residential unit exterior materials and design complement the surrounding environment and reinforce its compatibility. Visual interest is provided through door details, varied rooflines, and consistent textures. The proposed open space is well designed and promotes a "sense of place." Stormwater retention is encouraged to be designed as open space or as a landscape amenity. Overall, the proposed residential development is complimentary to the streetscape and adjacent residential uses. Staff recommends approval of this request. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be as a residential condominium, substantially in accordance with the "CONCEPTUAL SITE LAYOUT ENCLAVE AT TOWN CENTER 4303 BONNEY ROAD VIRGINIA BEACH, VA", dated 11/01/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the property is developed, it vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from Bonney Road as depicted on the Concept Plan. Should the parcel which adjoins the eastern boundary of the Property be rezoned and/or subdivided, access to Bonney Road shall be shared and shall be shifted to the east align with Thalia Road. A cross access and shared maintenance easement shall be granted in favor of the adjoining parcel to the east (GPIN 1477-93-1003), along the shared property line prior to Site Plan approval, in order to facilitate future shared access. The party of the second part shall, prior to issuance of the first occupancy permit for a condominium unit in The Enclave at Town Center, deposit the sum of $3,000.00 in a reserve for replacement account with the Condominium Association to fund the Association's future removal, re -grading and seeding of the portion of the drive aisle which will be eliminated when the access is combined with the adjoining parcel to the east and realigned. In the event the parcel (GPIN 1477-93-1003) abutting the eastern property line of the subject Property is assembled with another parcel for rezoning for development without use of the shared access, the Grantee shall not object to the Condominium Association retuning the $3,0000.00 from the reserve for replacement account to the party o'' the second part. LEGACY DEVELOPMENT LLC / FLORIDAYS,_LLC Agenda Item 15 Page 4 PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirteen (13). Each dwelling unit shall contain a minimum of 1400 square feet of living area and a one (1) car garage. PROFFER 4: ior building m The architectural design and exteraterials of the residential buildings shown on the Concept Plan will be substantially as depicted on the exhibit entitled "THE ENCLAVE AT TOWN CENTER Virginia Beach, Virginia", dated October 25, 2010, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). PROFFER 5: plicable to The Enclave at Town Center shall be as follows: The dimensional requirements ap Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Garage - 20 feet Side of Dwelling - 6 feet Minimum Rear Yard and Side Yard Setback from Adjacent Properties: East - 6 feet South and West - 18 feet North — 15 feet Minimum Distance between Residential Buildings - 8 feet PROFFER 6: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwelling, patios (fenced or unfenced), drive aisles and parking areas are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used bit the Condominium Association consistent with the intent and regulation set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated November 1, 2010, and found it to be legally sufficient and in acceptable legal form. LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 5 City NOTE: Further conditions may be required during the administration f a pli able Cite Ordinances during and Standards. Any site plan submitted with this change of zoning app Y q 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 u� Planning / Permits and any uses allowed by'this onschange of zoning areivision, and the uvalid of a Certificate of Occupancy, are required before 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. LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 6 cc a ,T.- Road Bonney Q U. �� - -vu ® Q Fy J �€ pAli Ep ZOfp13 Qry W s 0 Q 1Ft��N� �� ispwp $o�Jrr-, �u uai J Q V/t(1NX Pie r� 1 I 2 �8 7 � ~4W W 0 -r gh 1 Z 14 a 4 } o I i 1 1 W 8 s 0 uai J Q m z r� Z ° W o v > € �� h-� PROPOSED SITE PLAN .7 LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 .Z Page 8 2 �'DUR NPSeC1� PROPOSED BUILDING ELEVATION LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 9 �F DUR NPY�N it G G O OIO 00 ~ n Q o a .ont�N z IL 0 2 C z V N F -i LEGACY DEVELOPMENT LLC / FL ESCLOSURE 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) Legacy Development, LLC: Wayne Crosby, Member; Richard Hine, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Floridays, LLC: Guy B. Liskey, Sole Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 12 O PEN0y A O V 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. MSA, 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. Legacy Development, LLC By: Wayne Crosby, Member Applicant's Signature Print Name FloriC By: Guy B. Liskey, Sole Member Property Owners ignature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9102004 LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page 13 O V 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, Ahem & Levy, P.C. MSA, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "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 Vi this package. Legaelo LLC By: Wayne Crosby, Member Applicant's SiViature, Print Name Floridays, LLC By: Guy B. Liskey, Sole Member Property Owners Signature (if different than applicant) Print Name Conditional Rewning Application Page 12 of 12 Revised 911=04 LEGACY DEVELOPMENT LLC / FLORIDAYS, LLC Agenda Item 15 Page14 Item #15 Legacy Development, L.L.C. Change of Zoning District Classification 4303 Bonney Road District 5 Lynnhaven February 9, 2011 CONSENT An application of Legacy Development, L.L.C. for a Conditional Change of Zoning from A-24 Apartment District to Conditional PD -1-12 with an underlying A-12 Apartment District on property located at 4303 Bonney Road, District 5, Lynnhaven. GPIN: 1477-82-9949-0000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be as a residential condominium, substantially in accordance with the "CONCEPTUAL SITE LAYOUT ENCLAVE AT TOWN CENTER 4303 BONNEY ROAD VIRGINIA BEACH, VA", dated 11/01/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the property is developed, its vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from Bonney Road as depicted on the Concept Plan. Should the parcel which adjoins the eastern boundary of the Property be rezoned and/or subdivided, access to Bonney Road shall be shared and shall be shifted to the east align with Thalia Road. A cross access and shared maintenance easement shall be granted in favor of the adjoining parcel to the east (GPIN 1477-93-1003), along the shared property line prior to Site Plan approval, in order to facilitate future shared access. The party of the second part shall, prior to issuance of the first occupancy permit for a condominium unit in The Enclave at Town Center, deposit the sum of $3,000.00 in a reserve for replacement account with the Condominium Association to fund the Association's future removal, re -grading and seeding of the portion of the drive aisle which will be eliminated when the access is combined with the adjoining parcel to the east and realigned. In the event the parcel (GPIN 1477-93-1003) abutting the eastern property line of the subject Property is assembled with another parcel for rezoning for development without use of the shared access, the Grantee shall not object to the Condominium Association retuning the $3,0000.00 from the reserve for replacement account to the party of the second part. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed thirteen (13). Each dwelling unit shall contain a minimum of 1400 square feet of living area and a one (1) car garage. PROFFER 4: The architectural design and exterior building materials of the residential buildings shown on the Concept Plan will be substantially as depicted on the exhibit entitled "THE ENCLAVE AT TOWN CENTER Virginia Beach, Virginia", dated October 25, 2010, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). Item #15 Legacy Development, L.L.C. Page 2 PROFFER 5: The dimensional requirements applicable to The Enclave at Town Center shall be as follows: Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Garage - 20 teet Side of Dwelling - 6 feet Minimum Rear Yard and Side Yard Setback from Adjacent Properties: East - 6 feet South and West - 18 feet North —15 feet Minimum Distance between Residential Buildings - 8 feet PROFFER 6: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwelling, patios (fenced or unfenced), drive aisles and parking areas are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulation set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated November 1, 2010, 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. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE Item #15 Legacy Development, L.L.C. Page 3 LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 15 for consent. Eddie Bourdon appeared on behalf of the applicant. In Reply Refer To Our File No. DF -7868 TO: Mark D. Stiles FROM: B. Kay Wilson*0 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Legacy Development, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 22, 2011. 1 have reviewed the subject proffer agreement, dated November 1, 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 ✓ FLORIDAYS, LLC, a Virginia limited liability company LEGACY DEVELOPMENT, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this ist day of November, 2010, by and between FLORIDAYS, LLC, a Virginia limited liability company, parry of the first part, Grantor; LEGACY DEVELOPMENT, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the parry of the first part is the owner of that parcel of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately 1.54 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the party of the second part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional A-24 Apartment District to Conditional PD -112 Planned Unit Development District with an underlying A-12 Zoning District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1477-$2-9949 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 I WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning 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, in addition to the regulations provided for the PD -1-12 and A-12 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "CONCEPTUAL SITE LAYOUT ENCLAVE AT TOWN CENTER 4303 BONNEY ROAD VIRGINIA BEACH, VA", dated ii/oi/io, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from Bonney Road as depicted on the Concept Plan. Should the parcel which adjoins the eastern boundary of the Property be rezoned and/or subdivided, access to Bonney Road shall be shared and shall be shifted to the east to align with Thalia Road. A cross access and shared maintenance easement shall be granted in favor of the i 2 adjoining parcel to the east (GPIN 1477-93-1003), along the shared property line prior to Site Plan approval, in order to facilitate future shared access. The party of the second part shall, prior to issuance of the first occupancy permit for a condominium unit in The Enclave at Town Center, deposit the sum of $3,000.00 in a reserve for replacement account with the Condominium Association to fund the Association's future removal, re -grading and seeding of the portion of the drive aisle which will be eliminated when the access is combined with the adjoining parcel to the east and realigned. In the event the parcel (GPIN 1477-93-1003) abutting the eastern property line of the subject Property is assembled with another parcel and rezoned for development without use of the shared access, the Grantee shall not object to the Condominium Association returning the $3,000.00 from the reserve for replacement account to the party of the second part. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed thirteen (13). Each dwelling unit shall contain a minimum of 1400 square feet of living area, and a one (1) car garage. 4. The architectural design and exterior building materials of the residential buildings shown on the Concept Plan will be substantially as depicted on the exhibit entitled "THE ENCLAVE AT TOWN CENTER Virginia Beach, Virginia", dated October 25, 2010, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 5. The dimensional requirements applicable to The Enclave at Town Center shall be as follows: • Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Garage 20 feet Side of Dwelling 6 feet • Minimum Rear Yard and Side Yard Setback from Adjacent Properties East 6 feet South and West 18 feet • North 15 feet • Minimum Distance between Residential Buildings 8 feet 6. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The S 3 Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 7. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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; 11 and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the 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 name of the Grantor and the Grantee. I til WITNESS the following signature and seal: Grantor: Floridays, LLC., a Virginia limited liability company By: (SEAL) Guy B. Liskey, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this ?, day of November, 201o, by Guy B. Liskey, Managing Member of Floridays, LLC, a Virginia limited liability company, party of the first part, Grantor. My Commission Expires: i A 201 Y Notary Registration No.: 1 !2 t (eS Z- Z No ry Public � w .tilt WITNESS the following signature and seal: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Grantor: Legacy Development, LLC, a Virginia limited liability company f By: (SEAL) Wayne sby, Member 4A. The foregoing instrument was acknowledged before me this 5 day of November, 2010, by Wayne Crosby, Member of Legacy Development, LLC, a Virginia limited liability company, party of the second part, Grantor. My Commission Expires: 1a / 3 / 1 / '�, Notary Registration No.:Jm 191 % 41 P� NOTgq�' eG� Public n ro 0210188 G Ev.12/31/12 TM EXHIBIT 6W LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land situate, lying and being near Thalia, in the City of Virginia Beach, Virginia, (formerly in Princess Anne County, Virginia), and being more particularly described as follows: BEGINNING at a point in the southern side of Bonney Road (formerly Old London Bridge - Norfolk Road), which point of beginning is 227.92 feet easterly from the southeastern intersection of Andrew Avenue and Bonney Road, and from said point of beginning thence running along the southern line of Bonney Road South 88° 55' E a distance of 50 feet to a point; thence turning and running South 60 45'W a distance of 596.5 feet to a point; thence turning and running North 87° 17' W a distance of 150.7 feet to a point; thence turning and running North 8° 55' E 413 feet to a point; thence turning and running South 880 55' E a distance of 84.8 feet; thence turning and running North 6° 45' E a distance of 18o feet to the point of beginning. Said parcel being all of Lot "A" as shown on the plat entitled "Property of Andrew Land, located near Thalia, in Princess Anne County, Virginia", dated June 26, 1951, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 29, at Page 29 and all of the parcel shown on the plat entitled "Property of Andrew Land, located near Thalia, Princess Anne County, Virginia", dated October 15, 1952, duly of record in the Clerk's office aforesaid in Map Book 32, at Page 68. GPIN: 1477-82-9949 \\Sykesw2k\users\AM\Conditiona1 Rezoning\Legacy Development\Proffendoc eVCAN Home Office ffelrit,g provide public access In Virginia's const! 1356 Pamlico Blvd. Chesapeake VA 23322 757-410-3180 vcanaccess@verizon.net BOA 2D OF DIRECTORS March 16, 2011 & OFFICERS Mark Feltner The Honorable William D. Sessoms, Jr. President & Virginia Beach City Council Office of the City Clerk, City Hall Darrell Parker Vice President 2401 Courthouse Drive, Suite 281 Municipal Center, Building #i Bernard D. Strohmreas Jr. Virginia Beach Virginia, 23456 g g Treasurer Brenda Feltner RE: North End Public Right -of -Way Encroachment Request Secretary 141r. Raymond Gottlieb 105 5orh St., Virginia Beach, VA Pei .:y Tesoro, Director Wrketing & Graphics Dear Mayor Sessoms and Virginia Beach City Council, Darryl Schmitt, Director Real Estate Virginia Coastal Access Now (VCAN) strongly supports the City's position to Lauren Grimmer not allow any further encroachment on the public right-of-way at the North Special Events End of Virginia Beach. Public on street parking at public beach access locations is the "access to the access". Without parking public, beach access LOCAL I EPRESENTATIVES locations are merely a fagade maintained to receive public funding for beach replenishment et al. Too much real public access has been lost at the North Brent ww-alker, Chesapeake End by historical encroachments on public property. Roby -art Smith, Hampton In fairness to all Virginia Beach residents, a closer assessment of these Bob Jokes, Newport News historical encroachments should be made and corrected where possible. Annual summertime inspections of the North End should also be made by the Anr.;rew, Keisel, Norfolk City to ensure public access to the oceanfront is safeguarded to the maximum extent practicable. Lee Inman, Portsmouth Our non-profit stands by Virginia Beach City staffs continued Tom Powers, Poquoson recommendation to disapprove Mr. Gottlieb's request to encroach on the public property that adjoins his private property. The defense of public access Neil Choe, Richmond in this case demonstrates the City's continued commitment to the Coastal Zone Management Act and real public access for all Virginia Beach residents Jariie Mitchell, Suffolk and the. public. Steve Wa ker. Virginia Beach We appreciate the City of Virginia Beach's work to defend public access to Virginia Beach's waterfront and the protection of Virginia's coast. Respectfully submitted, Mark Feltner, President E -copy: Aaron Applegate/The Virginian -Pilot Charles Hassan/City of Virginia Beach Virginia Coastal Access Now (VCAN) is a nonprofit 501 c3 organization established September 18, 2006 To maintain and enhance the public's access to Virginia's beaches and waterways within the Commonwealth of Virginia's Coastal Zone Donations welcomed and are tax deductible • EIN 56-2424100 fit" $il CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RAYMOND L. GOTTLIEB, Appeal of the City Manager's Decision Pursuant to Section 7 of the Site Plan Ordinance, 105 50 Street (GPIN 24188879700000). LYNNHAVEN DISTRICT MEETING DATE: March 22, 2011 ■ Background: The applicant, Raymond Gottlieb (hereinafter the "Applicant"), submitted a site plan application to redevelop his property located at 105 50th Street by removing the existing two-story detached two -car garage, two-story single family dwelling, 10' x 92' private driveway, and 10' x 10' driveway/apron entrance (located in the public right-of-way) and replacing them with a proposed three-story single family dwelling, an attached three -car garage, a 35' x 20' on-site concrete parking area, and a 35' x 34' concrete driveway/apron entrance (located in the public right-of- way) to the street pavement. If approved, the project would effectively eliminate three (3) parking spaces on 50th Street that are currently available for public use. The site plan was disapproved by the Development Services Center (DSC) because the proposed 35' x 34' driveway/apron entrance exceeded the maximum allowable driveway/apron width of 12'. Two alternative designs, both for 12' wide driveway/apron entrances, were suggested to the Applicant, who declined to go forward with either one. He appealed the DSC's disapproval of the site plan to the City Manager, who affirmed the DSC's action. The Applicant has since modified his site plan using one of the alternative designs in order to obtain site plan approval, but reserved the right to continue with this appeal. Pursuant to Section 7 of the Site Plan Ordinance, the Applicant appealed the City Manager's action to the City Council, which states, in pertinent part, that "any decision of the city manager or his designee may be modified, reversed or affirmed by the city council upon appeal by any aggrieved party to such decision . The applicable provision of the Site Plan Ordinance, Section 5.10, states: All driveways and entrances to public rights-of-way and location thereof shall be in accordance with the standards of Raymond L. Gottlieb, Appeal to City Manager's Decision Page 2 of 4 the department of public works and approved by the city agent. Section 6 of the Site Plan Ordinance also provides critical guidance in evaluating site plans. It states: In considering and acting upon site plans, the city agent shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of the action may, to the maximum extent possible, further the expressed intent of this and all other city ordinances. Three provisions of the Public Works Standards and Specifications are primarily applicable to this appeal. Section 3.10.40), which is not specific to the North Virginia Beach area in which the Applicant's property is located, states: Single family driveway aprons will have a maximum width of 20 feet at the property line and 24 feet at the curb line. Exceptions will be allowed in areas where on -street parking is prohibited. For homes with three -car (or more) garages, the maximum may go up to, but not exceed, 20 feet at the property line and 34 feet at the curb. Section 18.2 (A) (13), which purports to provide guidelines for street improvements in the 100 and 200 blocks of 41St through 89th Streets when property owners cost -participate with the City in making those improvements, states: Each single -residential unit requires two parking spaces. Where adequate on-site parking exists (or can be reasonably accommodated) or is required by the approved site plan, one 12 -foot wide driveway will be designed so as to tie into that parking area. Where on-site parking does not exist, a 20 -foot wide driveway apron for two cars will be designed within the right-of-way extending as much as practical onto the site. The third of these provisions, Section 18.2 (A) (7) states that "[o]n street public parking will be provided and maximized." Raymond L. Gottlieb, Appeal to City Manager's Decision Page 3 of 4 ■ Considerations: Section 3.12.4 Q) of the Public Works Standards and Specifications contemplates situations in which the proposed development is located on a street where "on - street parking is prohibited." The proposed driveway is located within the North Virginia Beach area and on a street on which on -street parking is not prohibited. The City has established a policy (expressed in Chapter 18 of the Public Works Standards and Specifications) of preserving on -street public parking as a means of facilitating access to the City's public beaches. While Chapter 18 contains language to the effect that it applies to cost -participation street improvement projects in the 100 and 200 blocks of the North Virginia Beach area, it would be wholly illogical and destructive of that policy to require the creation or preservation of on -street public parking in connection with cost participation projects but to allow private individuals to effectively appropriate public parking for their own uses. In recognition of the need to be consistent in the two kinds of projects, and the directive in Section 18. (a) (7) that "[o]n street public parking will be provided and maximized," the Public Works and Planning Staffs have applied the 12 -foot driveway width limitation to redevelopment and infill projects not involving City participation, as well as to cost -participation projects. The applicant's proposal would effectively eliminate three public parking spaces; the elimination of those spaces would be contrary to the City's policy of ensuring that private individuals do not prevent the public from parking on City streets in the 100 and 200 blocks of the 41St -89th Street area. The Applicant has pointed to a number of properties in the area that have driveways greater than 12' in width. The Public Works and Planning Staffs have followed up on this information and have determined that no similar requests have been approved, such that any driveways exceeding the allowed width are either legally nonconforming or illegal. ■ Recommendations: This application is not for a variance to the requirements of the Site Plan Ordinance; it is, rather, an appeal of the administrative decision disapproving the submitted site plan because the proposed driveway/apron is wider than allowed. The disapproval of the site plan coincides exactly with the plain intent, as expressed in the Public Works Standards and Specifications, that public parking in the 100 and 200 blocks of North Virginia Beach be protected and preserved. By purporting to eliminate three public parking spaces, the Applicant's proposal is directly contrary to that policy. Because the Site Plan Ordinance and the Public Works Specifications and Standards do not give the Applicant the right to have a 35'/34' wide driveway/apron on public property, and because the elimination of three currently -available public parking spaces in close proximity to the public beach Raymond L. Gottlieb, Appeal to City Manager's Decision Page 4 of 4 would be directly contrary to the City's policy ein ofpre presApperving public p arking in the subject area, the City Staff recommends Comments received from the North Virginia Beach Civic League support the denial of the Applicant's appeal. ■ Alternatives: City Council can grant the appeal of the Applicant. The grounds of the appeal from the Applicant are attached in his October 29, 2010 and November 1, 2010 e-mails. ■ Attachments: Pictometry Photo of 105 50t" Street Location Map DSC Notice #125 E-mails from Applicant, October 29, 2010 and November 1, 2010 City Manager's Letter of November 19, 2010, with Attachments Appeal letter of December 15, 2010 Section 3.10 of the Public Works Specifications and Standards Chapter 18 North Beach Street tandards proved Street Improvements of the Public Works Specifications and E-mail from the Zoning Review Committee of the NVBCL Resolution Recommended Action: Staff recommends denial of the appeal. Submitting Department/Agency: Planning Department City Manager: ,� i` �"� � 0 Amended DSC NOTICE #125 City of Virginia Beach Planning Department Development Services Center July 28, 2006 Topic: North Beach Residential Driveway Apron Detail The attached detail "North Beach Streets Residential Driveway Apron Detail" is for residential aprons at the north end. This is not a new requirement, just a clarification to the recent inquires and confusion over what is allowed in the right- of-way. The detail shows that no obstructions are allowed in the right-of-way, adjacent to the residential apron. This is to facilitate on -street parking. The detail also indicates that this area adjacent to the apron, in the right-of-way, can consist of grass only. Effective Date: Has always been a requirement. Please contact the DSC if you have any questions or require additional information. Contacts: Charlie Heffington — 385-8432 ................................. cheffing( vb og_v.com Giovanni Passaro — 385-8034 ................................... gpassaro(2vb og v.com Charles Hassen From: Dave Hansen Sent: Friday, October 29, 2010 2:04 PM To: Charles Hassen Subject: FW: Emailing: raymond Attachments: raymond.pdf Charlie, Please add to the appeal packet you are preparing for JKS. Please make sure I attend. As for this I do not believe we really care whether they can or cannot create a gated residence - do we? Dave Hansen Deputy City Manager City of Virginia Beach 757-385-4242 -----Original Message ----- From: Raymond Gottlieb [mailto:raymond@lmssi.com] Sent: Friday, October 29, 2010 12:48 PM io: Dave Hansen Subject: FW: Emailing: raymond <<raymond.pdf >> Dear Dave, As we await your promised responses to the pending matters relating to our plans for 105 50th street, I have requested AES Engineers to prepare an exhibit showing the driveway which the City proposes w& utilize in conjunction of those plans. I forward that drawing as an attachment hereto. A close inspection of the drawing demonstrates the impossible position such a proposal produces. After noting the gates, associated with entry to our property at our property line in the driveway, it is apparent that if: 1) The gates swing in, the paved entry to the garages cannot be used, nor should it be considered as available parking spaces, 2) The gates swing out they will encroach on property not owned by us, or 3) By design the City will be requiring us to leave our property ungated and open to the public with the attendant dangers increased due to the minor children who reside at the location. Our previously requested driveway, consistent with that permitted by others in the vicinity would avoid such a situation. Raymond Gottlieb -----Original Message ----- From: Vicki Hardin Sent: Friday, October 29, 2010 12:23 PM To: Raymond Gottlieb 1 LOT 14 BL OCK A NORTH HOLLIES" M. B. 42, PG. 16 EXISTING DWELLING I) 35,48' $� I, 16.4 x I 2 16.5 SAN CO — 15- — RELOCATED BRICK FENCE PROPOSED PROPOSED STANDARD THREE-STORY --- _ o DWELLING --------X 12.0 fI °,�'{ I ¢ FIN. FLR =18.00 ' 0 X / FIN. FLR =16.73 GARAGE �. W) 717- r 2D. 6' t' 2.23, 15.00 SAN CO 12. 6 PROPOSED GA �w EXISTING DWELLING EXTEND EXISTING STOCKADE FENCE TO WALL imp, Imo— (TYP) x12.18 � X11.80 X11.62 x11.43 50th GRAPHIC SCALE SCALE: 1" = 20' STRE'E'T � APPROX. LOCATION OF 18" DIP WATER MAIN EXHIBIT PROPOSED SITE IMPROVEMENTS LOT 13, BLOCK A "NORTH HOLLIES" PREPARED FOR RAYMOND GOTTLIEB LYNNHAVEN BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA x 11,41 Project Contacts: RDM Scale: 1"=20' Project Number: H10002 Date: 10/29/10 1317 Executive Blvd, Suite 150 Chesapeake,'Arglnla 23320 MES Phone: (767) 410.7436 Fax:(757)220-8994 www.aesva,com CONSULTING ENGINEERS Hampton Roads I Central Wginia l Middle Peninsula PROPOSED STANDARD CITY OF VIRGINIA BEACH --- _ RESIDENTIAL ENTRANCE --------X 12.0 rAPPROX. LOCATION OF 1-6" PVC SEWER imp, Imo— (TYP) x12.18 � X11.80 X11.62 x11.43 50th GRAPHIC SCALE SCALE: 1" = 20' STRE'E'T � APPROX. LOCATION OF 18" DIP WATER MAIN EXHIBIT PROPOSED SITE IMPROVEMENTS LOT 13, BLOCK A "NORTH HOLLIES" PREPARED FOR RAYMOND GOTTLIEB LYNNHAVEN BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA x 11,41 Project Contacts: RDM Scale: 1"=20' Project Number: H10002 Date: 10/29/10 1317 Executive Blvd, Suite 150 Chesapeake,'Arglnla 23320 MES Phone: (767) 410.7436 Fax:(757)220-8994 www.aesva,com CONSULTING ENGINEERS Hampton Roads I Central Wginia l Middle Peninsula Charles Hassen From: Charles Hassen Sent: Monday, November 01, 2010 4:58 PM To: 'Raymond Gottlieb' Cc: Dave Hansen th Street; DSC File #: L04-866; Variance Appeal Subject: RE: Proposed Entrance to 105 50 Thank you. I have the exhibit and email from October 29th. I will continue with the request. Charles G. Hassen Development Services Coordinator Development Services Center (DSC) City of Virginia Beach Department of Planning Office Phone: (757) 385-8277 FAX: (757) 385-5789 chassen(a)-vbgov.com DISCLAIMER: Confidentiality Notice - This e-mail message including any attachments is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail (chassen@vbgov.com) and destroy all copies of the original message. Thank you. From: Raymond Gottlieb [mailto:raymond@Imssi.com] Sent: Monday, November 01 2010 3:17 PM To: Charles Hassen Cc: Dave Hansen Subject: RE: Proposed Entrance to 105 50th Street; DSC File #: L04-866; Variance Appeal Dear Charles, While the history of the project is apparently not of importance to you, it goes to the character of the City's actions. Additionally, I have documented in detail the failure of the City to uniformly apply the standards that they want to apply to our project. I have also cited the fact that the zoning officials are apparently attempting to restrict to 12 feet our driveway, when our neighbor on the immediate east has a total reserved front footage on 5oth street of 33 feet, the majority of which has been recently installed. Quite obviously, the relative values of our respective properties is affected by this dramatic difference to public street access. I have further noted that the 12 foot restriction, to which you refer is based upon a reference to City Code Sect. 33-55, which is not applicable. Separate and apart from all of the above, the request is, we believe justified for the reasons reflected in our e-mail to Dave Hansen of 29 October 2010, which includes an scale drawing of the driveway, with the restrictions the City proposes. Raymond Gottlieb From: Charles Hassen [mailto:CHassen@vbgov.com] Sent: Monday, November 01, 2010 2:51 PM fo: Raymond Gottlieb Cc: Dave Hansen Subject: RE: Proposed Entrance to 105 50th Street; DSC File #: L04-866; Variance Appeal Thank you for the history of the project. Since my focus is on the width of the proposed driveway/apron located in the City public right-of-way adjacent to your property, I will need your reasons for not following the requirement stated in the review letter. The specific requirement I am speaking of is the maximum allowed width of 12 feet for residential entrances in this area of the city. The history of your meetings and conversations with staff is not the main issue that I am addressing. Are you going to provide me with your written version of your reasons why the requirement poses a hardship for you? If you wish to continue to provide other information, I will assume that you are not going to provide what I requested and I will continue to process the appeal without your response. Charles G. Hassen Development Services Coordinator Development Services Center (DSC) City of Virginia Beach Department of Planning Office Phone: (757) 385-8277 FAX: (757) 385-5789 chassen(cDvbgov.com DISCLAIMER: Confidentiality Notice - This e-mail message including any attachments is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail (chassen@vbgov.com) and destroy all copies of the original message. Thank you. From,: Raymond Gottlieb [mailto:raymond@lmssi.com] Sent: Monday, November 01, 2010 1:52 PM To: Charles Hassen Cc: Catherine Scarborough; Carol Hahn; rob.mann@aesva.com; Brad Moses; paula hertzberg Subject: RE: Proposed Entrance to 105 50th Street; DSC File #: L04-866; Variance Appeal Dear Mr. Hassen, I appreciate your explanation below, but want to make certain that the record accurately reflects the existing facts. Thus far: My consulting engineer, Ron Mann, has had extensive discussions with the City's representatives, which led, after several weeks to, My in-house representative, Catherine Scarborough and me and Rob Mann having extensive discussions with Karen Lasley and members of her department, wherein they observed they were only following the directions of personnel in the Traffic Engineering Department, which led to An extensive discussion with Mike Shahsiah of that department, which led to his observation that the proposed restrictions were not his Department's but were imposed by the zoning division, from which we had been referred, which led Mike Shahsiah to promise us a response on the following day, but was followed four days later by his advice that he had referred the matter to Ric Lowman who would pass the matter on to Carol Hamlin. Having made the rounds of being passed from party to party at City Hall and consuming approximately three months from its inception, I contacted Steve Herbert who passed the matter to Dave Hansen who now apparently passed the matter to you, several weeks after it was referred to him, WITH DAVE FAILING TO RESPOND TO THE SPECIFIC QUESTION THAT IS AT THE HEART OF THE MATTER, NAMELY THAT THE STANDARDS THATTHE CITY DESIRES TO APPLY TO MY APPLICATION HAVE NOT IN THE IMMEDIATE PAST, NOR ARE THEY AT THE PRESENT BEING APPLIED TO SIMILARLY SITUTATED PROPERTIES. If the desire of the City is to delay. addressing the documented instances of discriminatory standards, a number of which, but not all of which, I have provided to Dave Hansen I will necessarily act accordingly. If the City's intention is to uniformly apply a legally established and uniformly applied set of standards, then I will be prepared to discuss the matter with you, the City Attorney and/or the City Manager promptly. Raymond Gottlieb, P. E. Counsel L. M. Sandler and Sons, InceFrom: Charles Hassen [mailto:CHassen@vbgov.com] Sent: Monday, November 01, 2010 12:33 PM To: Raymond Gottlieb Cc: Dave Hansen Subject: RE: Proposed Entrance to 105 50th Street; DSC File #: L04-866; Variance Appeal Mr. Gottlieb, Your opening statement below is exactly the reason for my request for you to identify your proposal and your reasons nt to make sure your position is accurately stated in the for not being able to adhere to the staff's requirements. I wa staff report to the City Manager. I am not comfortable relying on this collection of emails to accurately and completely present all of the information and facts necessary to prepare the report and state your position. It is normal practice for the person wishing to appeal a staff decision to express that request in writing. The request should contain your proposal and why the staff requirements are a hardship. Based on your site plan submittal, it is my understanding that your proposal is: to construct a 35' x 34' driveway/apron entrance from the street pavement to your property and your proposed 35 -foot parking pad. This is my current starting point in preparing the staff report to the City Manager. I can continue preparing the report with your reasons (provided by you in writing) for allowing this improvement to be constructed or I can try to piece together your position from the emails. This is your decision. Please let me know if you will be providing a consolidated version of your reasons why the requirements pose a hardship for you or if you wish me to continue in your behalf using the emails available to me I hope this explanation helps. Charles G. Hassen Development Services Coordinator Development Services Center (DSC) City of Virginia Beach Department of Planning Office Phone: (757) 385-8277 FAX: (757) 385-5789 chassen@vbgov.com DISCLAIMER: Confidentiality Notice - This e-mail message including any attachments is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail (chassen@vbgov.com) and destroy all copies of the original message. Thank you. From: Raymond Gottlieb [mailto:raymond@Imssi.com] Sent: Monday, November 01, 2010 10:27 AM To: Charles Hassen Subject: RE: Proposed Entrance to 105 50th Street; DSC File #: L04-866; Variance Appeal Dear Mr. Hassen, Since I do not know what information, previously provided to Dave Hansen, you have received, I do not know precisely how to respond to your below request. Basically, I have requested that our property rights, reflected in our building permit request, be treated by the City in the same manner that other similarly situated properties have been and are being treated. The recent correspondence between me and various City Officials clearly document the fact that while withholding approval for our entrance and driveway, to the extent same is required, materially different standards are being, and have been applied to similar properties. As I have on numerous occasions in conjunction with this matter, I repeat our willingness to meet with the City Manager and/or the City Attorney to be certain that the previously described arbitrary , capricious and inconsistent actions are not continued to be applied to our permit request. Raymond Gottlieb From: Charles Hassen [mailto:CHassen@vbgov.com] Sent: Monday, November 01, 2010 8:43 AM To Raymond" Gottlieb Cc: Dave Hansen Subject: Proposed Entrance to 105 50th Street; DSC File #: L04-866; Variance Appeal Mr. Gottlieb, I am in the process of preparing your appeal to the City Manager regarding your proposed entrance design to 105 50t Street. I reviewed several emails sent during the past two weeks and thought I had a very good idea of your position, until I received two additional emails on Friday. In order for me to accurately represent your request and your reasons for the request to the City Manager, please provide a written account of your request and the reasons you feel the staff's requirement is a hardship. I apologize for the delay in completing your request. Once I have your response, I will complete the request and forward it to the City Manager for his consideration. An email from you providing the requested information will be acceptable. Thank you for your assistance and patience. Charles G. Hassen Development Services Coordinator Development Services Center (DSC) City of Virginia Beach Department of Planning Office Phone: (757) 385-8277 FAX: (757) 385-5789 chassen(c,vbaov.com DISCLAIMER: Confidentiality Notice - This e-mail message including any attachments is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail (chassen@vbgov.com) and destroy all copies of the original message. Thank you. 4 OFFICE OF THE CITY MANAGER PMoNE:(757) 65.4242 FAX: (757) 427-5626 TTY: 711 November 19, 2010 Mr. Raymond L. Gottlieb 50150 Street Virginia Beach, VA 23451 City of Vara 3ni.- . Bea ch VI3pnxom PA NICFAL CENTER BULDING 1, Root 294 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 294569001 Subject: Appeal of site plan denial dated September 16, 2010 for Lot 13, Block A, North Hollies; 105 50th Street; DSC File #:L04-866 Dear Mr. Gottlieb: Pursuant to Section 7 of the Site Plan Ordinance, I am responding to your appeal regarding the denial of your site plan for Lot 13, Block A, North Hollies by the Development Services Center (DSC) on September 16, 2010. In accordance with Section 7 of the Site Plan Ordinance, I am required to review the decision of the city agent. Having reviewed the information you outlined in your emails and the information provided by the city agent, I have determined that the city agent acted in accordance with the Ordinance and normal City practices and was not arbitrary and capricious in their actions. Section 5.10 of the Site Plan Ordinance states, "All driveways and entrances to the public rights- of-way and locations thereof shall be in abcordance with the standards of the Department of Public Works and approved by the city agent." Chapter 18 of the Public Works Specifications and Standards requires on street parking to be provided and maximized in the 100/200 blocks of 41 s1 Street through 89`h Street. In addition, a 12 -foot wide driveway/apron entrance is to be designed for access in situations like the one you proposed for 105 50th Street. In addition, the 35 -foot wide driveway/apron entrance requested does not adhere to the general standards for single-family driveway/apron entrances stated in Chapter 3 of the Public Works Specifications and Standards. The maximum width for single-family driveway/apron entrances is 20 feet at the property line. Exceptions may be granted if on -street parking is prohibited. In this case, on -street public parking on 50a' Street is desired, encouraged, and protected by Chapter 18. Section 6 of the Site Plan Ordinance states, "In considering and acting upon site plans, the city agent shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and the immediate neighborhood in particular, and may Mr. Raymond L. Gottlieb Appeal of site plan denial dated September 16, 2010 November 19, 2010 Page 2 of 2 prescribe appropriate conditions and safeguards as may be required in order that the result of the action may, to the maximum extent possible, further the expressed intent of this and all other city ordinances." In reviewing the submitted site plan, the DSC determined, and I believe rightfully so, that the proposed driveway/apron entrance was not in accordance with Chapter 18 of the Public Works Specifications and Standards and does not represent the best use of the public right-of-way for the general public. I would also indicate that your request does not meet the required qualifications for a variance. The application of the Site Plan Ordinance in this manner does not prohibit or unreasonably restrict the use of your property and there is no evidence that constructing a 12 -foot driveway/apron entrance to access 50`h Street constitutes a hardship, but is clearly a special privilege. Your concerns about how the proposed gate will function are based on the proposed design of the site and the approval of a variance by the Board of Zoning Appeals for the gate. The functionality of the proposed gate is an issue that you may remedy by selecting another gate design or altering the design of the gate. The two enclosed alternative driveway/apron entrance designs are acceptable to the City. Option # 1 is similar to the design provided in your October 29, 2010 email. Option #2 will provide additional paved area to allow vehicles to maneuver a little better while also preserving the maximum amount of the public right-of-way for public on -street parking. As provided in Section 7.2 of the Site Plan Ordinance, you have thirty (30) days from the date of this letter to appeal my decision to the Virginia Beach City Council. With Pride in Our City, J es K. pore Cit ger JKS/CGH Enclosures (2) c: Dave Hansen Charles Hassen DSC File #: L04-866 Option #1 N743134'E 60.00 , -�_ - _ - _ - --- --- --- x16.3 -- - - - - -- POWER POLE -- - x 19.0 £X. �£x 5' EASEMENT EX. FENCE x M.B. 42, PG. 16 A L I X { 20' REAR B.S.L. I I I FENCE I" FG= m I I 17.5 O x I in I 78. V TER VALE-' d3LF � SWALE x 17.0... _ 01.4x { I SAN CO x .9 0 FG- ( ( FG- I 17.7 LOT 12 17 2 BLOCK A g "NORTH HOLLIES"' LOT 14 o I Im 35.48' FG= A4. B. 42, PG. i6 17.6 ?LOCK A �; a LOT 13b I EXIS77NG TH HOLLIES" 91000 SF.f 1eI I DWELLING 42, PG. 16 N { Dol N 0.21AC.f NN Lai. �w NNc i ® PROPOSED t 17.3 THREE-STORY V 66LF SWALE ELLING in0, 01.0% 19.0 I 12. 0' o FIN. WFLR =19.43 0'l oixre.l EXTEND EXISTING j STOCKADE FENCE TO WALL I FG- X 16.0 I �x r7.7 FIN. FLR =16.73 T - SAN CO- I GARAGE n ilo Tc= 1r N16.17. `# IG= I •2.23' -16.0 26LF q SWALE---_11 20.46 15.00' I I ®3.0% FG= . 16.01 .21 TC= \ RELOC TED 16.33 ONCRETE b BRICK NICE- DRIVE � PROPOSED MAIL o BOX LOCATION FG- 1ei FIELD ADJUST - - - - 14.8 = � BRICK STEPS EX BRICK 74.3134 PAVER STEPS IRON ROD 12. DRn - - ... FOUND SA J CO 66 -12.0 x 12.5 x 12.5 1 CONTRACTOR TO FIELD tte GRAvE rj� S ADJUST BRICK FENCE �= TO MATCH DRIVEWAY GR�DE EX DI ED'£ OF x'11.5 x 11.5 %TOP=11.16 x 1.9 1 / X 11.2 x 12.0 11.6 i r111. 6 TConc= 11.5 •12.18 •11.80 •11.62 •11.43 "11.41 BENCHMARK50th STREET GRAPHIC SCALE TOP OF PKNAIL 20' 0l 20' SET IN ASPHALT 7 I I I ELEVATION=11.80 11 A %In Inoo ... Option #2 N74 3134E 60.00' EX -- -- - -- --- -- ------- -------� x183 --_ --- POKER POC[ x 19.0 EX EX. FENCE X. 5' EASEMENT WALL M.B. 4?, PG 16 I _ 20' REAR B. S. L. I I �i I EX. I` FG o I FENCE i 17,5 x 18. TER ✓A1 - FG = \43LF q SWALE i , n.o D44 @1.47: 1 I Y - SAN CO O x .9 FG= F I i 17.7 LOT 12 17.2 I BLOCK A o Ic NORTH HOLLIES" LOT 14 h ca 35.48' FG-- . M.B. 42, PG. 16 BLOCK A ., Lu 77.8 I 0 NORTH HOLLIES" f 3 in LOT 13 a, 18 b I o EXIS71NG A4 .8. 42, PG. 16 I N 9,000 S, F..±j. I � DWELLING ��'� I `� 0.21 AC.t `� Is .4 I = EXISTINGh DWELLING a PROPOSED + 17.3 THREE-STORY " 2. o' 00 DWELLING ° 66LF SWALE ®t.o% ,� I 19.10 I I2. 0' � FIN. FLR =19.43 01 i x 1s. r EXTEND EXISTING FG=X e STOCKADE FENCE TO WALL 16.0 FIN. FLR =16.73 z X t7' Ic= SAN CO- M GARAGE -u-) �� 89.10 16.77Q N _ N 17.35 °I I FG= 26LF q SWALE I 1 20.46' '2.23' 16.0 03.0% FG-- - 15.00' I 16.0 1 RELOC TED 1>� 1b_33 ONCRETE - 21 BRICK NCE DRIVE � PROPOSED MAIL FG- t BOX LOCATION FIELD ADJUST - - - BRICK STEPS EX. BRICK S7431'34" _ - PA VCR - t -12.7 DRIVE xjja - - IRON ROD SAN CO 64 FOUND x12.5 x12.5 12'7 •12.0 CONTRACTOR TO FIELD GRA / ADJUST BRICK FENCE 11:8 NTS TO MATCH DRIVEWAY GRADE 20' £ OF 12 o 5 X 11.5 EXDI TOP= It. 16 x17.2 x120 if, 12 x ]9 t X 11.6 TConc= i1'�3 --- 11.5 •12.78 •11.80 =11.52 BENCHMARK 50th STREET 11 4J •11.41 GRAPHIC SCALE TOP OF PKNAIL SET IN ASPHALT ELEVA110N=11.8° NJ A un ,oaa 20' O' T71 AGGERT RIEDEN, P.C. l 12-15-10 P02.22 I Attorneys and Counselors at Law December 15, 2010 VIA HAND DELIVERY Mr. James K. Spore City Manager Municipal Center Building #1, Room 234 Virginia Beach, VA 23456 Re: Appeal of City Manager's Decision regarding Site Plan Denial Lot 13, Block A, North Hollies 105 50th Street, DSC File #L04-866 Our File No.: 3535.001 Dear Mr. Spore: This office represents Raymond L. Gottlieb, the owner of the above -referenced property and applicant for site plan approval for replacement of the existing structure located on the property. With reference to your letter of November 19, 2010 (copy attached), upholding the denial of Mr. Gottlieb's site plan, a revised site plan incorporating Option #2 has been submitted on his behalf, but has not yet been approved. Accordingly, in order to preserve Mr. Gottlieb's rights, this letter constitutes his appeal to City Council pursuant to Section 7.2 of the Site Plan Ordinance. Please see that this matter is placed on City Council's agenda and promptly advise of the date of the City Council meeting at which such appeal will be heard. Thank you for your cooperation in this matter. Sincerely, Michael H. Nuckols MHN/baj Enclosure cc: Ruth Hodges Fraser, City Clerk (w/enc., via hand delivery) William M. Macali, Esq., Deputy City Attorney Clerk (w/enc, via hand delivery) Raymond L. Gottlieb Clerk (w/enc., via email) 3535,00 ],Residence Site Plan Issues,L-Spore-Appeal (12-15-10) Michael H. Nuckols - mnuckols(rr),fflaw.com - Direct Dial 757.333.4054 222 Central Park Avenue - Suite 1300 - Virginia Beach - Virginia - 23462 Telephone 757.424.3232 Facsimile 757.424.0102 Public Works Specifications and Standards 3.9 Roadway and Street Right -of -Way and Alignment 3.9.1 Master Transportation Plan Right -of -Way Widths See Appendix A of this.manual for right-of-way typical sections. 3.9.2 Roadway Alignment For specific information concerning any existing or proposed roadway alignments, contact the City Engineer's office or the Traffic Engineering Bureau. 3.10 Entrances 3.101 General Entrances will be constructed according to the applicable provisions of the Virginia Departnent of Transportation Road and Bridge Specifications (1994), the _Virginia Department of Transportation Road and Bridge Standards, (1993), the Virginia Department of Transportation Entrance Standards, (1987), and the City of Virginia Beach Subdivision Ordinance (Section 4.4). These specifications are intended to outline the minimum geometric design standards for entrances in the City of Virginia Beach. The specifications contained within this section will apply to all entrances in the City of Virginia Beach. The following additional criteria apply to entrances: a) Entrances will not be steeper than eight (8) percent. b) It will be noted on the plans that the existing curb and gutter will be completely removed before installing the entrance, where curb cuts are allowed. c) When approved by the Departments of Planning and Public Works, temporary asphalt entrances for minor development sites will be noted on the plans and installed using the following guidelines: 1) The absolute minimum entrance thickness will be two (2) inches, VDOT, SM -2A (minimum), more than eight (8) inches of aggregate base material (minimum), over compacted subgrade. 2) Temporary entrances and connections will be designed with a pavement thickness based on the methods and soil testing procedures described in Chapter 5 of this manual, for large sites, all subdivisions, developments with high volumes of vehicular traffic, and developments with small to moderate volumes of truck traffic. 5/04 Geometric Alignment & Design Page 3 - 26 Public Works Specifications and Standards 3) These temporary asphalt entrances and connections are only authorized when there is a reasonable prediction that the entrance will be torn out within six (6) years because of a future connection to a roadway listed in the City C.I.P. for widening. 4) Temporary entrances and connections are not to be substituted for or confused with Erosion and Sediment Control (E&S) Temporary Construction Entrances. d) Any variance of these specifications must be approved by the Director of Public Works or Planning. 3.10.2 Industrial Entrance Geometrics The following criteria should be considered when designing industrial entrances: a) Industrial entrances are generally intended for use on sites with significant amounts of large sized vehicle traffic. b) Undivided entrances will have a minimum width of 36 feet and a maximum width of 40 feet, measured at the property line. c) The minimum radii for entrances will be 25 feet. d) Industrial entrances will be located no closer than 100 feet from the curb return of the adjacent intersection (point of tangent), to the nearest return at the entrance (also, point of tangent). 3.10.3 Commercial Entrances a) Commercial entrances will have a minimum width of 30 feet at the property line. A maximum width of 40 feet at the property line will be allowed when there are three (3) lanes (two (2) exiting and one (1) entering) or where there are a significantnumber of large vehicles accessing the site (using Minimum Turning Path of WB -40, WB -50, SU, etc.). Refer to Appendix D-3 "Commercial Entrances". b) Corner sites that generate a large volume of traffic will be allowed only one (1) curb cut on each street. Right turn lanes leading to each entrance are required and will be placed according to Appendix D, Drawing D-4 "Geometrics for Minimum Dimensioned Corner Sites". c) All other commercial entrances will have a minimum radius of 15 feet. Commercial entrances within industrial zoned districts, or at sites where it is anticipated that there will be a significant number of large vehicles 5/04 Geometric Alignment & Design Page 3 -27 Public Works Specifications and Standards accessing the site, a minimum radius of 25 feet will be used. Larger radii may be necessary based on the design vehicle. d) One-way entrances will have a minimum width of 18 feet and a maximum width of 22 feet, measured from the property line. One-way entrances will be evaluated and approved on a case-by-case basis. e) All commercial entrances shall be designed such that there will be a minimum distance of 30 feet from the right-of-way lane in the entrance to the beginning of the first internal aisleway or parking space. This entrance throat length must be sufficient to accommodate site traffic waiting to park or exit without interfering in any way with traffic within the adjacent public roadway. 3.10.4 Residential Entrances for Duplex and Single Family Developments This section establishes residential driveway specifications and standards for duplex and single family developments. a) Residential driveway entrances will be constructed of Class A-3 concrete, seven (7) inches in depth, extending from the paved roadway to the right- of-way line. b) The use of exposed aggregate concrete on driveways, parking areas, entrance aprons, and curbs and gutters will not be allowed in the right-of- way, ight-ofway, except where specified by ADA requirements, such as VDOT CG -12 curb ramps. c) All driveway aprons will be installed according to the Virginia Department of Transportation standard entrance (CG -9). d) If the design is not the VDOT standard entrance with radial curbs. then all driveway aprons will have a minimum two (2) foot flair from the property line to thecurb line on each side of the apron. e) The driveway aprons on cul-de-sacs will be a minimum width of 12 feet at the curb line and a minimum of eight (8) feet at the property line. f) The maximum width of a duplex entrance will be 36 feet, measured at the property line. g) Driveway aprons that are installed along interior subdivision streets will have a minimum width of 13 feet at the curb line and nine (9) feet at the property line. 5/04 Geometric Alignment & Design Page 3 - 28 Public Works Specifications and Standards h) Driveway aprons on collector streets, arterials or any street where the speed limit is.more than 25 m.p.h. will have a minimum width of 12 feet at the property line and sixteen 16 feet at the curb line. i) Driveways on major collector streets and arterials with speed limits of 35 m.p.h. or greater will install radial curbs on each side of the entrance that are a minimum of 15 feet. j) Single family driveway aprons will have a maximum width of 20 feet at the property line and 24 feet at the curb line. Exceptions will be allowed in areas where on -street parking is prohibited. For homes with three - car (or more) garages, the maximum may go up to; but not exceed, 30 feet at the property line and 34 feet at the curb. 3.10.5 Multi -Family Entrances This section establishes driveway specifications and applies to all multi -family, residential driveway aprons installed in Virginia Beach, including apartments, town homes, and condominiums. a) Multi -family residential driveway aprons will generally follow the same criteria as in Section 3.10.4 "Residential Entrances for Duplex and Single Family Developments", with the following differences: 1) Multi -family driveways will be such that parking of one vehicle behind another is not necessary. 2) Multi -family driveway entrances will meet all applicable City Development Ordinances. 3.11 Turn Lanes 3.11.1 General The following criterion is provided to help determine the requirements for constructing right and left turn lanes. These standards were developed to help expedite the movement of through traffic, control the movement of turning traffic, increase the capacity of intersections, and to improve safety on roadways. 3.11.2 Right Turn Lane Justification When a location generates 35 or more vehicle trips per any hour, making a right turn into a single entrance, a right turn lane will be required. Other factors, such as accident history and analysis of the area, pedestrian conflicts, and the existing highway capacity and volume, must be considered 5/04 Geometric Alignment & Design Page 3 - 29 Public Works Specifications and Standards Chapter 18 North Beach Street and Unimproved Street Improvements General This section provides guidelines for improvements to the right-of-ways of streets in Virginia Beach when property owners participate by sharing the cost of those improvements. The City of Virginia Beach will provide street improvements (subject to funding availability) for the property owners within the project area when all requirements stipulated in this section are met. Public cost participation is required to help defray the expenses of design, administration, and construction of the project. G.1 North Beach Street Improvements The North Beach Street Improvements will delineate public parking, improve public safety, and standardize private entrances. This section is applicable to the 100/200 blocks of 41 st Street through 89th Street. G.2 Unimproved Street Improvements The Unimproved Street Improvements will provide a means for property owners to improve paper or substandard streets. This applies to paper streets which are unimproved or substandard platted streets on which no residential structures are built. In some cases, paper streets may be partially improved, but the improvements are not sufficient to meet the City's standards to allow residential construction. This section will not apply to privately platted streets which are unimproved or partially improved streets with no pubic right-of-way dedication. All streets improvements for such privately platted streets will be bome by adjoining property owners and constructed in conformance with City/VDOT Standards before being accepted into the City's roadway system. The provision of this chapter cannot be utilized to circumvent the Subdivision Regulations or Site Plan Ordinance, and only applies to those streets along which residential structures currently exist. 18.1 Definitions These definitions apply to this section as they pertain to North Virginia Beach Street Improvements. 2/02 North Beach Street Improvement Page 18 - 1 Public Works Specifications and Standards Aggregate - Hard, inert, mineral material used for mixing in graduated fragments; includes sand, gravel, crushed stone, and slag. Alley - A public or private right-of-way usually designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street. Apron - A broadened part of an automobile driveway or parking pad where it joins the roadway. Asphalt - Dark brown to black cementitious material, solid, semisolid, or liquid in consistency, in which the predominant constituents are bitumens that either occur in nature or are obtained in the refining of petroleum. Asphalt Concrete - High-quality, thoroughly controlled hot mixture of asphalt cement and well -graded, high-quality aggregate, thoroughly compacted into a uniform dense mass. Bid - An offer to perform construction work for payment, the acceptance of which constitutes a contract between the City and the contractor. Block Captain - The representative designated by property owners as spokesperson to coordinate all activities with City agencies for street improvements. Catch Basin - An enlarged and trapped inlet to a storm sewer designed to capture debris and heavy solids carried by storm or surface water. Capital Improvement Program (CIP) - The annually adopted 6 year financing plan for capital improvements and additions to infrastructure. Concrete - A mixture of Portland cement, fine aggregate, coarse aggregate, and water; and in some instances, admixtures. Cost Participation - An agreement under which the property owners share the costs of design, administration, and construction of the project. Cul -De -Sac - A street with access at one end only and closed at the other by a curved, bulb -like turn -around. Curb - The raised concrete edging forming a gutter along a street. Curb Inlet - A fitting or opening in a curb through which water enters a storm sewer drainage system. Driveway - A path for cars leading from a street or road to a garage, house, etc. 2/02 North Beach Street Improvement Page 18 - 2 Public Works Specifications and Standards Driveway Apron - A paved area (concrete or asphalt) located in the right-of-way used for residential parking, and/or as an access to the on-site driveways and parking area. Drop Inlet - A brick and/or concrete structure designed with an opening to allow storm water to enter the storm sewer drainage system. It can be placed either in a yard or within a curb. Dune Line - Established locations of elongated mounds of sand, on the oceanfront and the Bayfront. Easement - An agreement under which certain privileges or rights of a property owner are granted to another. Encroachment - Any fill, structure, building use, accessory use, or development in the City right-of-way. Entrance - The driveway apron or other point of vehicular access to the property. Exposed Aggregate - Large pieces of stone aggregate in a cast slab purposely exposed for their color and texture. Final Construction Plans and Documents - The plans, contract documents, and specifications developed to 100% completion, establishing all the details necessary for construction. Frontage - The portion of any property abutting one side of a street as measured between two property lines for one parcel of land along the right-of-way line. Gutter - A narrow channel along the side of a road or street to carry off water, as to a storm sewer. Gutter Pan - The concrete section between the edge of the road and the face of the curb. Hard Surface - A paved area (concrete or asphalt). Gravel or crush -and -run and similar materials are not acceptable as a hard surface. Handicapped Ramp - A curb cut ramp for the use of the physically disabled. The description and specifications for this ramp are listed in the Virginia Department of Transportation Road and Bridge Standards as type CG -12. See Section 6.3.5. Ingress/Egress Easement - An agreement under which a property owner grants access rights to another individual or organization. The duration of this agreement may be either temporary or permanent. 2/02 North Beach Street Improvement Page 18 - 3 Public Works Specifications and Standards Land Owner - The person or business entity that retains lawful title to or legal right of possession to a lot or parcel. Same as property owner. Notice to Proceed - A written communication issued by the City to the contractor causing construction to proceed and establishing the date of commencement for the work. Pavement Markings - The striping, legends, and arrows placed on the roadway surface to function as traffic control. Petition - A formal document embodying a solemn request to a group in authority and signed by the group of petitioners. Preliminary Construction Plans - The initial plan that includes design development to 25% completion. These plans are prepared to the level sufficient to define the concept of the project. Private Utility - Any utility privately owned and not directly controlled by a public authority. Property Owner - The person or business entity that retains lawful title to or legal right of possession to a lot or parcel. Same as land owner. Public Parking Space - A designated space within the right-of-way exclusive of driveways and parking pads that is intended for public parking. Public Utility - A utility in which all owners of abutting properties have equal rights, and which is controlled by the City or public entity. Radius of Curvature - A distance describing the severity of curvature such as in a curb line or apron edge line based on the length of the radius of that circle fitting the curvature. Right -Of -Way - Any land owned by the City and dedicated to public use for a roadway, walkway, public utility, or other related public purpose. Sanitary Sewer - A sewer that may convey sanitary sewage or clear water waste but not storm water. Specifications - Written instructions prepared for the project contractor that consist of three important sections and usually accompany and augment the project plan drawings. Each specification will include the following: (a) administrative and procedural requirements, (b) quality of products that are required to produce the specified results, (c) how the products are to be incorporated into the construction to produce these results. 2/02 North Beach Street Improvement Page 18 - 4 Public Works Specifications and Standards Storm Sewer - Any pipe or conduit that conveys storm and surface water and drainage, but excludes sewage and industrial wastes. Workshop - A seminar or meeting with the public to exchange (present and gather) information concerning the project plans and cost participation requirements. Yard Basin - A drop inlet with a grate flush to the existing ground used to collect surface storm water drainage. 18.2 Design Standards A. North Beach Street Improvements The following are guidelines which will be adhered to during plan preparation. The listing is only an aid and is not arranged according to hierarchy or priority of significance. 1) The roadway width will be 36 feet (minimum) when measured face-to- face between the curbs. 2) A cul-de-sac will have a minimum pavement radius of 35 feet. 3) The face of curb radii will be a minimum of 35 feet at the intersection of the project street with Atlantic Avenue. 4) The roadway cross section will include curb and gutter (VDOT type CG -6). 5) The roadway cross section will be centered within the roadway right-of- way. 6) A cul-de-sac is normally located at the end of the existing roadway and will not extend into the dune line. 7) On street public parking will be provided and maximized. 8) The existing street lighting will be evaluated. The resulting street lighting design plan will meet all current City standards for residential illumination. 9) Encroachments in the right-of-way such as landscaping and physical structures may be removed as necessary to accommodate construction. The property owner will be given adequate notice and opportunity to relocate the encroachments prior to the start of construction. 2/02 North Beach Street Improvement Page 18 - 5 Public Works Specifications and Standards 10) The existing traffic control signing and pavement marking will be evaluated. The City will ensure the project design conforms to the current standards and requirements of the Manual on Uniform Traffic Control Devices (MUTCD). The required installations will conform to current Public Works/Traffic Engineering standards. 11) The pavement section will be constructed of asphalt concrete designed for the existing soil conditions. 12) Existing exposed -aggregate finish driveway aprons will be replaced in- kind (i.e., with exposed aggregate finish), unless in conflict with VDOT or ADA standards. All other aprons and pads will be replaced with class A-3 concrete. If the property owner elects to upgrade the driveway or parking pad to an exposed -aggregate finish from the standard A-3 concrete finish, the property owner must pay the cost differential. See item m) below for applicable guidelines. 13) Each single -residential unit requires two parking spaces. Where adequate on-site parking exists (or can be reasonably accommodated) or is required by the approved site plan, one 12 -foot wide driveway will be designed so as to tie into that parking area. Where on-site parking does not exist, a 20 - foot wide driveway apron for two cars will be designed within the right- of-way extending as much as practical onto the site. 14) For multi -residential units, each individual unit requires two parking spaces. Where adequate on-site parking exists (or can be reasonably accommodated) or is required by the approved site plan, one 12 -foot wide driveway will be designed so as to tie into that parking area. In unusual cases where on-site parking does not exist and cannot be reasonably accommodated on-site, driveway aprons may be designed within the right- of-way to the following maximum widths: 4 cars = 36 feet 6 cars = 48 feet 8 cars = 64 feet The width of the driveway apron will not exceed the lot width. Any existing entrances and driveway aprons within the right-of-way will be modified to meet the criteria set above. Every effort will be made to have these driveway aprons, extended onto the private property. The City will coordinate with the property owner to design the most practicable parking. For example: a single residential unit has no existing on-site parking but the approved site plan stipulates one space is required. The City will design a 12 -foot wide driveway which will extend through the full right-of-way for parking of one vehicle and the property owner 2/02 North Beach Street Improvement Page 18 - 6 Public Works Specifications and Standards will provide a parking space as required by the approved site plan. However, when driveway aprons are necessary within the right-of-way, every effort will be made to minimize their width by designing "parallel parking" driveway aprons that meet parking requirements. B. Unimproved Street Improvements Each platted paper, (or substandard) street will be considered separately and the particular standards to be applied toward its construction may vary according to location and use of the street. Generally, the street to be constructed will be required to conform to current subdivision standards and specific conditions of each street will be decided within the following guidelines. 1) If the right-of-way is dedicated but of insufficient size to permit the construction of a minimum standard, private party/parties will be required to make arrangements for additional dedications necessary in order to conform to the accepted standard width of 50', unless a greater width is deemed necessary by the Department of Public Works. 2) The street improvements, including right-of-way width to be accepted, must qualify for State maintenance payments for highways according to the code of Virginia Section 33.1-41.1. 3) The street improvements shall be designed in accordance with Public Works Specifications and Standards, Chapter 3 (Geometric Alignment and Design), Chapter 5 (Pavement Design), Chapter 11 (Site Plan and Subdivision Requirements), Appendix A (Right -of -Way Typical Plan and Section Drawings), and other sections as applicable. 18.3 Procedures The following procedures specify the necessary activities and their sequence for implementing the North Beach Street and Unimproved Street Improvement Cost Participation Programs. See figure 18 - 1, "North Beach Street and Unimproved Street Process Flow Chart" of this manual. a) Select a Block Captain - The property owners for each affected block must select an individual to represent them as Block Captain. The Block Captain will coordinate the activities of this program and serve as liaison with the City. The City will coordinate all activities of this SECTION through the Block Captain. b) Petition for Preliminary Design - Petitions will be circulated and collected by the Block Captain. Each separate parcel of property with frontage on the project street is allotted one vote for participation during 2/02 North Beach Street Improvement Page 18 - 7 From: Billy Almond [mailto:billy@wplsite.coml Sent: Monday, January 17, 20117:28 AM To: James K. Spore; jimw jdwinc.com; will.sessoms@townebank.net; j.uhrin@vbhotels.com Subject: 105 - 50th Street - Site Plan Ordinance Appeal Gentleman: The NVBCL Zoning Review Committee opposes the appeal for 105 — 50`h Street to have a 34ft wide driveway as it removes available public parking on this street. We opposed the variance request in our response to the BZA Variance for the subject property on December 1, 2010. Our response was as follows: Case 8: Raymond Gottlieb requests a variance to a 1 foot front yard setback (South side) instead of 20 feet as required (Proposed/Existing 8 foot Fence, Columns, and Gate) on Lot 13, North Hollies,105 560 Street. Lynnhaven District 95, ZONING: R -5R, GPIN: 2418-88-7970 ZRC Decision — "Opposed" The NVBCL Zoning Committee has reviewed the merits of the case and opposes the variance as requested. The applicant is completely demolishing all of the existing structures on the site. Once this occurs this becomes a clean unencumbered site. In fact the site is actually larger than the typical 50'x 150' (7500 sfi as it is 60'x 150' (9000 sfi. We find no hardship for this request and ask the BZA to hold the line on variances for new construction on typical lot configurations. To allow a 34ft wide driveway at the North End would undermine all of the work that PW Engineering and Traffic have done in recent years to maximize public parking and access to the beach. Thank you, William D. Almond, FASLA Landscape Architect WPI landscape architecture I land surveying I civil engineering 242 mustang trail, suite 8 1 virginia beach, va 23452 1757.43 1. 1041 ext. 16 1 c 757.235.0731 www.wplsite.com I billy(a)wplsite.com The information contained in this communication may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited and may be unlawful. If you have received this communication in error, please return it to the sender immediately and delete the original message and any copy of it from your computer system. If you have any questions concerning this message, please contact the sender. 2 3 4 5 6 7 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 A RESOLUTION PERTAINING TO THE APPEAL OF THE CITY MANAGER'S DECISION PURSUANT TO SECTION 7 OF THE SITE PLAN ORDINANCE FOR PROPERTY LOCATED AT 105 50TH STREET, OWNED BY RAYMOND L. GOTTLIEB WHEREAS, Raymond L. Gottlieb, (hereinafter, "the Applicant") submitted a site plan to the Development Services Center (hereinafter, "DSC") to redevelop his property at 105 50th Street; and WHEREAS, the site plan was disapproved because the proposed 35' x 34' driveway/apron entrance, located in the public right-of-way exceeded the maximum allowable driveway/apron entrance of 12'; and WHEREAS, the Applicant appealed this denial to the City Manager, who affirmed the DSC action; and WHEREAS, in accordance with the Site Plan Ordinance, the Applicant appealed these decisions to the City Council; and WHEREAS, the proposed driveway/apron entrance is located in the public right-of- way, and the Site Plan Ordinance and the Public Works Specifications and Standards do not give the Applicant the right to have a 35'/34' wide driveway/apron entrance on public property; and WHEREAS, the elimination of three currently available public parking spaces with the driveway/apron entrance in close proximity to the public beach is in direct conflict with the City's policy of preserving public parking in the beach areas. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the appeal of Raymond L. Gottlieb for property located at 105 50th Street, in regard to the width of the proposed driveway/ apron entrance is denied. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: anning Department City Attorney's Office CA11775/R-1/January12, 2011 K. APPOINTMENTS BOARD OF ZONING APPEALS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFING: SUMMARY OF COUNCIL ACTIONS A PROPOSED DRIVEWAY ENTRANCE Charles Hassen, DATE: 3/8/2011 B — Appeal Development PAGE: 1 E D S Services Coordinator L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D I CITY MANAGER'S BRIEFING: A PROPOSED DRIVEWAY ENTRANCE Charles Hassen, — Appeal Development Services Coordinator - Planning B STORM WATER PROGRAM Philip Roehrs, Water Resources Engineer — Public Works Mark Gemender, Operations Engineer —Public Works C STRIVING FOR EXCELLENCE James K. Spore, City REPORT Manager II/III/IV/V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y VINII/E SESSION F/ G/ MINUTES — February 22, 2011 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y H/1 PRESENTATION Heather Gilbert, Troop Leader PROCLAMATION— Girl Scout Troop 54 Cadence Gilbert, Girl Scout J/1 Ordinance to revise City Council Policy re ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y permits for rental of Surreysm Resort CONSENT Area 2 Ordinances to AUTHORIZE ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y encroachments into portions of City CONSENT owned r/of/w: (DISTRICT fr BEACH) a OCEAN BEACH CLUB, LLC at 3401 ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Atlantic Ave., Suite A CONSENT b HI -SEA, LLC re development ofBeach ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Centre at 314 Laskin Road CONSENT c JOHN E./CATHERINE SASSONE ADOPTED, BY 9-0 Y Y A Y Y Y Y Y A Y Y UHRIN, Lake Rudee at 232 Indian CONSENT B Avenue S T A I N E D CITY OF VIRGINIA BEACH Resolution to appointAdam G. Swann as ADOPTED, BY 10-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Assistant City Attorney, effective March CONSENT DATE: 3/8/2011 B 1, 2011 S PAGE: 2 E L D E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W Y T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D 3 Resolution to appointAdam G. Swann as ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Assistant City Attorney, effective March CONSENT 1, 2011 4/a Ordinances to APPROPRIATE: ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y CONSENT $193,000 to the City Treasurer re postage charges b $25,000 to Landscape Management re Miyazaki Japanese Garden, Sister City tree plantings at Mount Trashmore commemorating 60'h Anniversary of the Council of Garden Clubs c $636,500 to Landscape Management re $186,000 for Schools and $402,500 re replacement motor vehicles/equipment 5/a Ordinances to ACCEPT/ ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y APPROPRIATE donations: CONSENT $5,500 from the Lions Club to the Library re visually impaired b $2,865 from Paul Treanor and others to Historic Houses Trust Fund re archaeological excavation atldam Thoroughgood House K-1 VIRGINIA BEACH FREEWILL APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y BAPTIST CHURCH Modification of CONDITIONED, BY CONSENT Condition No. 4(approved March 9, 2004) re church expansion at 210 South Witchduck Road(DISTRICT 2- KEMPSVILLE) 2 7 -ELEVEN, INC./COURTHOUSE DEFERRED, 10-0 Y Y A Y Y Y Y Y Y Y Y MARKETPLACE OUTPARCELS, INDEFINITELY, LLC (approved by March 27, 2007) at BY CONSENT 2448 Nimmo Parkway re aretail center (DISTRICT 7— PRINCESS ANNE) Modification of Conditional COZre former Wawa site Modification of a CUPre fuel sales/convenience store CITY OF VIRGINIA BEACH STAIN STUDIOS, LLC CUP re tattoo DEFERRED TO 10-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y studio at 92 South Witchduck Road 4/12/11, BY DATE: 3/8/2011 B (DISTRICT 2-KEMPSVILLE) S PAGE: 3 E L D E D H E 4 W APPROVED/ AGENDA ITEM # SUBJECT MOTION VOTE L I D A S T I E D E N J O S S U H 1 L W T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D 3 STAIN STUDIOS, LLC CUP re tattoo DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y studio at 92 South Witchduck Road 4/12/11, BY (DISTRICT 2-KEMPSVILLE) CONSENT 4 STEPHEN J./PAULA H. APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y LAUKAITIS/MAXIM V. CONDITIONED, BY CONSENT MIROVSKI/MARGARET Y. BUMGARTEN CUP re community pier at 3300-3336 Whippoorwill Point (DISTRICT 5—LYNNHAVEN) 5 BEACON TOWERS/AT&T APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y MOBILITY/GUY A. NEWMAN CONDITIONED, BY CONSENT CUP re monopole tower at 749 London Bridge Road (DISTRICT 6 - BEACH) 6 NEW LINGULAR WIRELESS PCS, APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y LLC/VIRGINIA BEACH SCHOOL CONDITIONED, BY CONSENT BOARD CUP re tower at 1668 Kempsville Road (DISTRICT 1— CENTERVILLE) 7 SOLO INDUSTRIES, LLC/COLLIN APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y ELANE a CUP re home occupationfor ADDED CONBY sale of firearms at 2201 Speckled Rock CONSSENT ENT Lane (DISTRICT 7— PRINCESS ANNE) 8 HARMONY INVESTMENTS, INC. APPROVED/ 54 Y Y A Y Y N N A Y N N COZ from 1-1 to Conditional A-36 at PROFFERED B S 5321 Greenwich Road(DISTRICT 2 - T KEMPSVILLE) (Newtown SGA) A I N E D 9 GEO 1, LLC/JOHN GEORGHIOU APPROVED/ 9-0 Y Y A Y Y Y Y A Y Y Y COZ from R-10 to Conditional R-7.5 PROFFERED, B S (WF) at 4480-4488 Indian River Road BY CONSENT (DISTRICT I—CENTERVILLE) T A I N E D L. APPOINTMENTS: ENERGY ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S HUMAN RIGHTS COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/8/2011 B 10-0 Y Y A Y Y S Y Y Y PAGE: 4 E L D E D H E W L D S I Scott Seery E J S U I AGENDA ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W Y T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D M/N/0 LOCAL FINANCE BOARD Appointed— 2 Yrs. 10-0 Y Y A Y Y Y Y Y Y Y Y 3/8/11-12/31/12 Scott Seery RESORT ADVISORY COMMITTEE Appointed—No 10-0 Y Y A Y Y Y Y Y Y Y Y Term Bobby Melatti, Chamber of Commerce Rep. TIDEWATER YOUTH SERVICES Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y COMMISSION Unexpired thru 6/3/0/13 Shawn K. Brown ADJOURNMENT 6:41 PM PUBLIC COMMENT 6:45-6:58PM 4SPEAKERS