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HomeMy WebLinkAboutFEBRUARY 5, 2002 AGENDAFebruary 5, 2002 CITY MANAGER'S BRIEFINGS - Conference Room - TRANSITION AREA PLANNING REPORT Robert J. Scott, Director - Department of Planning Bo COMPENSATION/COMPRESSION STUDY RECOMMENDATIONS Susan D. Walston, Chief of Staff Fagan D. Stackhouse, Director - Human Resources 1:30 PM Il. REVIEW OF AGENDA ITEMS llI. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: · Reverend Edwin A. Rucker City of Refuge Christian Church of Virginia 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 MINUTES 1. SPECIAL FORMAL and CLOSED SESSIONS 2. INFORMAL & FORMAL SESSIONS January 15, 2002 January 22, 2002 G. AGENDA FOR FORMAL SESSION Ho MAYOR'S PRESENTATION DISTINGUISHED BUDGET PRESENTATION Government Finance Officers Association Catheryn R. Whitesell, Director- Department o£Management Services PUBLIC HEARINGS 1. AGRICULTURAL RESERVE PROGRAM (ARP) - District 7 - Princess Anne a. 81.17 acres - Head of River Road b. 42.07 acres - Head of River Road 2. CONVEYANCE OF CITY EASEMENT - Ocean Park Beach ORDINANCES Ordinances to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements and issuance of contract obligations: (DISTRICT 7 - PRINCESS ANNE) a. Chesapeake Land Development, L.L.C. 81.17 acres $349,316 Installment Purchase Agreement No. 2002-43 b. Chesapeake Land Development, L.L.C. 42.07 acres $200,065 Installment Purchase Agreement No. 2002-44 2. Ordinance to AUTHORIZE the City Manager to: ao accept a Deed of Partial Termination from the United States of America to vacate a portion of the Lynnhaven dredge spoil site re construction of a boat ramp and beach facility execute a deed to convey an easement to the United States of America re placement of beach quality sand onto Ocean Park Beach o Ordinance to AMEND § 23-51 and § 23-53.1 of the City Code re Tattooing and Body Piercing (Deferred January 8, 2002) City Attorney's Recommendation: INDEFINITE DEFERRAL Ordinance to AUTHORIZE acquisition of property re right-of-way for Hungarian Road and acquire temporary or permanent easements by agreement or condemnation. Ordinances to AUTHORIZE temporary encroachments: ao CHARLES R. and CHRISTINE D. ELLIN - a portion of the City's canal, known as "Grebe Harbour", at 309 Grebe Crescent re construction of a wharf (DISTRICT 7 - PRINCESS ANNE) JOHN A. SMITH and KATHLEEN SMITH - a portion of the City's canal at 2408 Entrada Drive, Lago Mar, re construction and maintenance of a bulkhead, rip rap and platform (DISTRICT 7 - PRINCESS ANNE) Ko PLANNING Applications of WEST NECK PROPERTIES, INC. at the northeast comer of West Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres. (DISTRICT 7 - PRINCESS ANNE) (Deferred January 22, 2002) bo Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot minimum pavement width for interior streets Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-15 Residential c. Conditional Use Permit re Open Space Promotion Recommendation: APPROVAL APPOINTMENT DEVELOPMENT AUTHORITY M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427.4305 (TDD - Telephonic Device for the Deaf) 01/31/02 AGENDA\02/05/02 www.vbgov.com CITY MANAGER'S BRIEFINGS - Conference Room Ao TRANSITION AREA PLANNING REPORT Robert J. Scott, Director - Department of Planning COMPENSATION/COMPRESSION STUDY RECOMMENDATIONS Susan D. Walston, Chief of Staff Fagan D. Stackhouse, Director - Human Resources 1:30 PM II. REVIEW OF AGENDA ITEMS Ill. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Edwin A. Rucker City of Refuge Christian Church of Virginia 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 MINUTES 1. SPECIAL FORMAL and CLOSED SESSIONS 2. INFORMAL & FORMAL SESSIONS January 15, 2002 January 22, 2002 G. AGENDA FOR FORMAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WltEREAS: 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. II. MAYOR'S PRESENTATION DISTINGUISHED BUDGET PRESENTATION Government Finance Officers Association Catheryn R. Whitesell, Director - Department of Management Services GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Sutte 603. Ch,cago. Illinois 60601 312/977-9700 · Fax: 312/977-4806 December 6, 2001 Jim Spore City Manager City of Virginia Beach City Hall Bldg 1 240l Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore: I am pleased to notify you that City of Vir~nia Beach, Vir~nia has received the Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is alsO presented to the individual or deparmaent designated as being primarily responsible for its having achieved the award. This has been presented to: Department of ~lanagement Services We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, Jeffrey L. Esser Executive Director Enclosure WASHINGTON OFFICE 1750 K Street. N.W., Suite 350, Washington. DC 20006 20:3/429-~750 · Fax: 202/429-2755 PUBLIC HEARINGS 1. AGRICULTURAL RESERVE PROGRAM (ARP) - District 7 - Princess Anne a. 81.17 acres - Head of River Road b. 42.07 acres - Head of River Road 2. CONVEYANCE OF CITY EASEMENT - Ocean Park Beach Sunday, Sunday, J~mum? 27. 2002 NOTI~ OF PUBIJC HEARING C)" THE EXECI~ION AND DELIVERY RIGHTS ON CERTAIN PROPERW .~,--* BY THE CflY OF VIRGINIA BEACH, VIRGINIA . ....~ .............. ~ ~-,~, tm' the ac~uislUon of .eao of River Road .~s taxi 13~J-10.9~42), m Oidinanca City .... ach .... ................ ~, ~o! I~e. ~e open s~aces and t~e ~nla Df.B~.~ Jk~/pemon inaffe~cl k mi~ ~c~ °f vir' :.ndbeheid.' ~ . ..... ~.' Beaco"Jmmy20..dJlm,y27,2m2.: . J~. 7888 THE BEACON Sunday, January 27, 2002 PUBLIC HEARING CONVEYANCE OF CITY EASEMENT The Virginia Beach City Council will hold a PUBLIC HEARING for the conveyance of an easement to the United States of America for the placement of beach quality sand onto Ocean Park Beach from the U.S. Army Corps of Engineers Lynnhaven Inlet Maintenance Dredging opera- tions. This PUBLIC HEARING will be held on Tuesday, February 5, 2002, at 6:00 p.m.. in the City Council Chambers located in the City Hall Build- ing (Building #1 at the Virginia Beach Municipal Center). The purpose of this hearing will be to obtain public input to determine whether the City should convey the easement to the Corps. If you am physically disabled or visually impaired and need assis- tance at this meeting, please call the City Clerk's Office at 4274303; Hearing impaired, call TI'D only at 427.4305 (TrD - Telephonic Device for the Deaf) ·. Any cluesUons concerning this matter should be directed to the Department of Public Works. Office of Beach Management. Building #2. Suite 340. in the Virginia Beach Municipal Center. The Real Estate Office telephone number is 427-4167. Ruth Ho~ges Smith, MMC c~v,C~erk J', ORDINANCES Ordinances to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements and issuance of contract obligations: (DISTRICT 7 - PRINCESS ANNE) a. Chesapeake Land Development, L.L.C. 81.17 acres $349,316 Installment Purchase Agreement No. 2002-43 b. Chesapeake Land Development, L.L.C. 42.07 acres $200,065 Installment Purchase Agreement No. 2002-44 2. Ordinance to AUTHORIZE the City Manager to: accept a Deed of Partial Termination from the United States of America to vacate a portion of the Lynnhaven dredge spoil site re construction of a boat ramp and beach facility execute a deed to convey an easement to the United States of America re placement of beach quality sand onto Ocean Park Beach Ordinance to AMEND § 23-51 and § 23-53.1 of the City Code re Tattooing and Body Piercing (Deferred January 8, 2002) City Attorney's Recommendation: INDEFINITE DEFERRAL Ordinance to AUTHORIZE acquisition of property re right-of-way for Hungarian Road and acquire temporary or permanent easements by agreement or condemnation. 5. Ordinances to AUTHORIZE temporary encroachments: CHARLES R. and CHRISTINE D. ELLIN - a portion of the City's canal, known as "Grebe Harbour", at 309 Grebe Crescent re construction of a wharf (DISTRICT 7 - PRINCESS ANNE) JOHN A. SMITH and KATHLEEN SMITH - a portion of the City's canal at 2408 Entrada Drive, Lago Mar, re construction and maintenance of a bulkhead, rip rap and platform (DISTRICT 7 - PRINCESS ANNE) 0 0 0 0 0 0 0 0 0 0 0 0 O0 ~ ~o oo 0o O~ 0 0~, o~ Ox O~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo ~D CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $349,316 (Property of Chesapeake Land Development, L.L.C.) MEETING DATE: February 5, 2002 Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricUltural land preservation easements pursuant to which only agricultural uses are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. Considerations: The subject property consists of one (1) parcel of land having approximately 84.17 acres outside of marshland or swampland. The property is owned by Chesapeake Land Development, L.L.C. Under current development regulations, there is a total development potential of eight (8) single-family dwelling building sites, one (1) of which would be reserved for future development. Thus, the preservation easement acquired by the City would cover approximately 81.17 acres. The site, which is shown on the attached Location Map, is located on Head of River Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $349,316. This price is the equivalent of approximately $4,304 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.75% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.75% without the further approval of the City Council. (Continued) Recommended Action: Adoption D~ Submitting Department/Age, ncy:'e'p~r~'t'~f~~Jre City Manager:~~r~ i~ ~) · Considerations: (Continued) The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. A summary of the material terms of the Installment Purchase Agreement (IPA) is provided. The City Council has previously approved the form and standard provisions of the I PA, and a copy is available upon request from the City Attorney's Office. Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. Alternatives: The City Council may decline to purchase the development rights to the property. Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. Attachments: Summary of Material Terms of the Installment Purchase Agreement; Location Map : 1 2 3 4 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT, AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $349,316 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 WHEREAS,'pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $349,316; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.75% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.75% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Instal!men~ Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness ~nder the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby 66 67 constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 68 69 70 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2002. Adoption requires an affirmative vote of a majority of all members of the City Council. 73 74 75 76 CA-8371 wmm/tyeord.wpd R-1 January 9, 2002 77 78 79 8O APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFEI, CIENCY: Law Department 81 APPROVED AS TO AVAILABILITY OF FUNDS: 82 83 Director of Finance AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-43 SUMMARY OF MATERIAL TERMS SELLER: Chesapeake La_nd Development, L.L.C. PROPERTY LOCATION: Head of River Road PURCHASE PRICE: $349,316 EASEMENT AREA: 81.17 acres, more or less DEVELOPMENT POTENTIAL: 8 single-family dwelling building sites (7 acquired, 1 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to execution oflPA). Rate may not exceed 6.75% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from [PA date RESTRICTIONS ON TRANSFER: [PA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflPA. DISCLOSURE STATEMENT Chesapeake Land Devel~l:, LLC Chesap~ke L~ud I~eveiol-meut: LLC If the property owner is'a PARTNERSHIP, IilRM, or other UNINCORPORATED ORGANIZATION, list all m~nbers or parmers in the organizado~ below: (Artacll 1~ ~faec~za, y) 1[~ Check here if the prop~'~' ow'aer i~ NOT a corporation, p.-,rmersblp, firm, ~ other unincorporated argoaizadon. If tke tt~plicant iS not tAe current owner of rAc property, co~pl~e ~e ~ppiicant D~e~su~ sedan bdow: ~PLICA~ DIS~OSU~ ~e ~1~ is a CO~O~ON, ~t all o~c~ of~e C~orad~ below: (Xt~ If the applicant is a PARTNERSHIP, FIRM, or olher UNINCORPORATED ORGANIZATION, list alt mmnb~rs or pmmers in ~he organizalion below: (~4tt~ch list Check here if the ~plicant is NOT a =orpor'aion, partnership, ~, or o~ ~in~o~d ~~C~ON: I cer~ that the i;~ormation contused h~ein ~ true and accurat~ 1/25/02 ~s M, ~e Pdm N~ aO/aO'd 'DOSS~ ~ BAI SUWOHI ~S:~I aBOa-Sa-Nt~f MEn{ CHESAPEAKE LAND DEVELOPMENT LLC CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $200,065 (Property of Chesapeake Land Development, L.L.C.) MEETING DATE: February 5, 2002 Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. Considerations: The subject property consists of one (1) parcel of land having approximately 42.087 acres outside of marshland or swampland. The property is owned by Chesapeake Land Development, L.L.C. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, none of which would be reserved for future development. Thus, the preservation easement acquired by the City would cover approximately 42.087 acres. The site, which is shown on the attached Location Map, is located on Head of River Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $200,065. This price is the equivalent of approximately $4,754 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.75% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.75% without the further approval of the City Council. (Continued) Recommended Action: Adoption Considerations: (Continued) The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. A summary of the material terms of the Installment Purchase Agreement (IPA) is provided. The City Council has previously approved the form and standard provisions of the IPA, and a copy is available upon request from the City Attorney's Office. Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. Alternatives: The City Council may decline to purchase the development rights to the property. Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. Attachments: Summary of Material Terms of the Location Map Installment Purchase Agreement; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $200,065 WHEREAS,'pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of ~he Code of the City of Virginia Beach, there has been presented tc the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $200,065; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner cf payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.75% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.75% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are nc defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Ins%aliment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness Onder the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby 66 67 constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 68 69 70 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2002. Adoption requires an affirmative vote of a majority cf all members of the City Council. 73 74 75 76 CA-8370 wmm/cheslanddev, ord R-1 January 9, 2002 77 78 79 8O APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 81 APPROVED AS TO AVAILABILITY OF FUNDS: 82 83 Direc~o-r- of Finance 3 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-44 SUMMARY OF MATERIAL TERMS SELLER: Chesapeake Land Development, L.L.C. PROPERTY LOCATION: Head of River Road PURCHASE PRICE: $200,065 EASEMENT AREA: 42.087 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling building sites (4 acquired, 0 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to execution of PA). Rate may not exceed 6.75% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ~0 'd ~ Appllennt'~ ~ame: ~roperty Owners: DISCLOSURE STATEMENT Chesapeak~ Land Develotxrmnt' LLC Chesapeake T-~nd Develolrnen~ t Ifth~ prop~ty owner iz'a PARTNERSHll~, FIRiVl, or other UNINCORPORATED ORGAbrlZATION, list all m~rnbers or par~ners in the organ/zation below: (Attach list ifaece~zary) ~ ~neck here if the property owner is NOT a corporation, partncts~¥, firm, or ocher u-~n¢orporated organization. If ~o al;plicanr i$ not tl~t current owner of t~¢Property, co'rnpiete tlte .4ppiicant Dltetosure sec~ion below: APPLICANT DISCLOSURE !fthe ~lieant is a CORPORATION, list all officers oft~e Corporation below: OlttacA Iici ifnece~sat~} ~the at~plicant is a PARTNEI~HIP, FIIU~; or other UNINCOI~ORAXED ORGANIZATION, list all members or pzrt'uers i: the organization below: (.4ttach list ~fnece, r~ary) here if the applicant is NOT a corporation, partnership, finn, or o~her unincorporatecl CERTIFICATION: I certify that the information contained herein is true and accurat~ Thctnas Iff,_ Tye Print EO/EO'd P,~K CHESAPEAKE LAND DEVELOPMENT LLC '~ CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance Authorizing the City Manager Accept a Deed of Partial Termination from the United States of America to Vacate a Portion of the Lynnhaven Dredge Spoil Site Easement and to Execute a Deed to Convey an Easement to the United States of America for the Placement of Beach Quality Sand onto Ocean Park Beach from the Corps of Engineers' Lynnhaven Inlet Maintenance Dredging Operations MEETING DATE: February 5, 2002 Background: The City, with the concurrence of the United States Army Corps of Engineers ('the" Corps"~ constructed the Lynnhaven Boat Ramp and Beach Facility on what is known as the north'ern porti~3n ~f the Corps' Lynnhaven Inlet Dredge Spoil Site Easement ("Spoil Site"). To offset the Corps' loss of that portion of the Spoil Site, the City has agreed to provide an alternative site of equal volume for the pla(~ement of the dredged sand from future Lynnhaven Inlet Maintenance Dredging cycles. Ocean Park Beach, located adjacent to the Spoil Site, is an erosional shoreline that requires cyclic sand replenishment. This area has been replenished in the past by the Corps through hydraulic placement of dredged sand from the Lynnhaven Inlet Maintenance Dredging project with the concurrence of the City. The City and the Corps have agreed that Ocean Park Beach is an appropriate alternative site for the sand placement area. The execution of the appropriate legal instruments is necessary to formalize the arrangement between the City and the Corps. Considerations: The proposed ordinance authorizes the City Manager to accept a deed of partial termination to vacate and convey unto the City that portion of the Spoil Site employed for the City's construction of the Boat Ramp and Beach Facility. The ordinance further authorizes the City Ma6a.qer to execute a deed to convey an easement to the Corps forthe placement of sand onto Ocean Park I~each. The use of Ocean Park Beach as an alternative site for the placement of sand serves several purposes: (i) the acreage of the Ocean Park Beach and its close proximity to the Spoil Site make it a cost effective alternative for the Lynnhaven Inlet Maintenance Dredging project; (ii) the placement of beach quality sand onto Ocean Park Beach will provide erosion contro/and storm protection to an erosional beach that requires cyclic sand replenishment; and (iii) continued sand replenishment will aid the City in maintaining Ocean Park Beach as a first-rate beach on the Chesapeake Bay for public use. The legal instruments needed to effect this proposal have been reviewed and approved by the City Attorney and Counsel for the Corps. Public Information: The City advised the Ocean Park Civic League and specifically, the Ocean Park beachfront residents of the proposal in coordination with the construction of the Lynnhaven Boat Ramp and Beach Facility project and the current Lynnhaven Inlet Maintenance Dredging project. Also, a public hearing for the conveyance of the sand placement easement has been advertised in accordance with Virginia Code §15.2-~ 800. Alternatives: City Council could choose not to adopt the ordinance. The City would have to find another site for beach quality sand placement. However, there are currently no alternative sites which would be as cost effective as the use of the Ocean Park Beach site. Recommendation: Staff recommends that City Council adopt the attached ordinance. Attachments: Ordinance, Deed of Partial Termination, Deed for Beach Quality Sand Placement Easement, Exhibit A- Lynnhaven Dredge Spoil Site Partial Vacation Plat with location map, Exhibit B- Lynnhaven Inlet Beach Quality Sand Placement Site Exhibit with location map. Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Mana~~,~, [/,.' ~'~~' _ Approval ORDINANCE NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OF PARTIAL TERMINATION FROM THE UNITED STATES OF AMERICATO VACATE A PORTION OF THE LYNNHAVEN DREDGE SPOIL SITE EASEMENT AND TO EXECUTE A DEED TO CONVEY AN EASEMENT TO THE UNITED STATES OF AMERICA FOR PLACEMENT OF BEACH QUALITY SAND ONTO OCEAN PARK BEACH FROM THE CORPS OF ENGINEERS' LYNNHAVEN INLET MAINTENANCE DREDGING OPERATIONS WHEREAS, the United States of America acquired an easement over approximately 15.67910 acres of real property located offShore Drive in the City of Virginia Beach Virginia, for soil disposal in connection with the United States Army Corps of Engineers' (the "Corps") Lynnhaven Inlet Maintenance Dredging Project (the" Dredge Spoil Site") by deed recorded in Deed Book 2191, at page 1891; WHEREAS, the City of Virginia Beach (the "City"), with the concurrence of the Corps, constructed the Lynnhaven Boat Ramp and Beach Facility on the northern portion of the Spoil Site; WHEREAS, the City's use of the northern portion of the Spoil Site necessitates the vacation of that portion of the easement by the Corps as shown on Exhibit A attached hereto; WHEREAS, the City has agreed to provide the Corps with an alternative sand placement site of equal volume to offset the Corps' loss of the portion of the Spoil Site, as shown on Exhibit B attached hereto; WHEREAS, the City and the Corps have agreed that Ocean Park Beach, located adjacent to the Spoil site, is an appropriate alternative site for the placement of beach quality sand from the Lynnhaven Inlet Maintenance Dredging operations; WHEREAS, the placement of beach quality sand onto Ocean Park Beach will provide erosion control and storm protection to an erosional beach that requires cyclic sand replenishment and such continued sand replenishment will assist the City in maintaining Ocean Park Beach as a first-rate public beach; and WHEREAS, the City and the Corps desire to formalize their agreement through the execution of the appropriate legal instruments. 33 34 35 36 37 38 39 4O 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to accept the Deed of Partial Termination from the United States for the vacation and conveyance of a portion of the Lynnhaven Dredge Spoil Site Easement and to execute a Deed to convey an easement to the United States of America for the placement of beach quality sand onto Ocean Park Beach from the Army Corps of Engineers' Lynnhaven Inlet Maintenance Dredging Operations in substantially the same form as attached hereto with the final wording thereof to be satisfactory to the City Attorney. This ordinance shall be effective from the date of its adoption. 43 44 day of Adopted by the Council of the City of Virginia Beach, Virginia, on the __ ,2002. 45 46 THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS REQUIRED. CA- 8301 PREPARED: 01/24/02 Approved as to Content Approved as to Legal Sufficiency City Attorney Exempt from recording taxes Under Section: 58.1 - 811(A)(3) & 58.1 - 811(C)(4) PARTIAL TERMINATION DEED OF EASEMENT LYNNHAVEN INLET BAY AND CONNECTING WATERS VIRGINIA BEACH, VIRGINIA TRACT NUMBER 100E-4 THIS DEED, made and entered into this __ day of ,2002__, by and between the UNITED STATES OF AMERICA, ("the GRANTOR"), acting by and through the Deputy Assistant Secretary of the Army (I&H) pursuant to a delegation of authority from the SECRETARY OF THE ARMY (the "Army"), under and pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and the delegation of authority to the Secretary of Defense from the Administrator of the General Services Administration (41 C.F.R. 101-47.601) and the redelegation of authority from the Secretary of Defense to the Secretary of the Army (20 Federal Register 7113), party of the first part, and the City of Virginia Beach, Virginia, ("the GRANTEE"), party of the second part: WITNESSETH: That for and in consideration of the sum of One and 00/100 DOLLAR ($1.00), cash in hand paid, the receipt of all of which is hereby acknowledged, the Grantor does hereby REMISE, RELEASE and FOREVER QUITCLAIM unto the Grantee, its successors and assigns, all its right, title and interest whatsoever in and to the following described property situated in Virginia Beach, Virginia. TRACT 100E-4 ALL THAT CERTAIN tract of land, lying and situate in Virginia Beach, Virginia, by perpetual easement to the United States of America and more particularly described as follows: ALL THAT CERTAIN tract of land lying and situate in Virginia Beach, Virginia as shown on PLAT of survey entitled "LYNNHAVEN DREDGE SPOIL SITE EASEMENT PARTIAL VACATION AND RESIDUE AND INGRESS/EGRESS EASEMENT SURVEY BUREAU ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH" attached hereto and incorporated herein. Prepared by: United States Army Corps of Engineers GPIN: 1489-58-9234 Being a portion of the same lands conveyed to the United States of America by easement deed dated February 9, 1982, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Deed Book 2191, page 1891. TO HAVE AND TO HOLD the said premiSes, unto the said Grantee, its successors and assigns, forever, subject to the cove~iants and conditions herein set forth. This conveyance is not subject to the requirements of Title 10, United States Code, Section 2662. IN WITNESS WHEREOF, the GRANTOR has caused this Deed to be executed in its name by the Deputy Assistant Secretary of the Army (I&H) and the seal of the Department of the Army to be hereunto affixed this day of 2002. UNITED STATES OF AMERICA, By THE SECRETARY OF THE ARMY By: Joseph W. Whitaker Acting Deputy Assistant Secretary of the Army (Installations and Housing) OASA (I&H) Signed sealed and delivered In the Presence of: Witness Witness ACKNOWLEDGMENT COMMONWEALTH OF VIRGINIA ) COUNTY OF ARLINGTON ) SS: I, the undersigned, a Notary Public in and for the Commonwealth of Virginia, County of Arlington, whose commission as such expires on the ~ day of , , do hereby certify that this day personally appeared before me in the Commonwealth of Virginia, County of Arlington, Joseph W. Whitaker, Acting Deputy Assistant Secretary of the Army (Installations and Housing) OASA (I&H), whose name is signed to the foregoing instrument to be his free act and deed, dated this day of 200 , and acknowledged the same for and on behalf of the UNITED STATES OF AMERICA. Exempt From Recording Taxes Under Section 58.1 - 81 l(A)(3) & 58.1 THIS DEED made this ~ day of ,200___, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, party of the first part, ("GRANTOR" for indexing purposes), and the UNITED STATES OF AMERICA, party of the second part, ("GRANTEE" for indexing purposes). WHEREAS, in the Act of Congress approved 23 October 1962 (87th Congress, 2na Session) provision was made for the improvement of the Lynnhaven Inlet, Bay and Connecting Waters Project, Virginia Beach, Virginia, in accordance with a project set forth in House Document 580, 87th :Congress, 2nd Session, subject to the condition that local interest provide without cost to the United States dredge placement areas for Beach Quality Sand necessary for the construction and subject maintenance of said improvement, when and as required, and WHEREAS, the party of the first part is the owner in fee simple of tracts of land situated in the City of Virginia Beach, State of Virginia, more particularly described as follows: Prepared by: United States Army Corps of Engineers and incorporated herein GPIN: 1580-10-1751 GPIN: 1580-59-3432 ALL THAT CERTAIN tract of land lying and situate in Virginia Beach, Virginia as shown on EXHIBIT entitled "EXHIBIT SHOWING LYNNHAVEN INLET BEACH QUALITY SAND PLACEMENT SITE TO BE GRANTED TO UNITED STATES ARMY CORPS OF ENGINEERS BY THE CITY OF VIRGINIA BEACH VIRGINIA BEACH VIRGINIA SURVEY BUREAU ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH" attached hereto AND WHEREAS, the party of the second part desires to use said tract of land for the purpose of depositing Beach Quality Sand fi.om dredging operations and other uses incidem thereto. NOW THEREFORE, WlTNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the benefits accruing to the party of the first part from the improvements of the Lyrmhaven Inlet, Bay and Connecting Waters Project, the party of the first part does hereby grant, bargain, sell and convey unto the party of the second party, and its assigns, the perpetual right and privilege to deposit on the above described parcel of land any and all Beach Quality Sand excavated in the improvement and maintenance of the aforesaid project, and the perpetual right and privilege to build, erect and construct such necessary levees and/or other structures as the 2 party of the second part may deem necessary to aid in the confinement of the Beach Quality Sand excavated; together with: a. A perpetual and assignable right of ingress and egress over other lands belonging to the party of the first part, subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines; and, b. A perpetual and assignable easement and right-of-way to locate, construct, operate and maintain in, on, over, under and across the aforesaid tract belonging to the party of the first part such temporary pipelines as the party of the second part deems necessary to transport the dredging of Beach Quality Sand excavated to the aforesaid tract; and, c. A perpetual and assignable easement and right,of-way to locate, construct, operate and maintain in, on, over, under and across the aforesaid tract belonging to the party of the first party such drainage outfall pipes and/or drainage ditches as the party of the second part deems necessary; and, d. The fight to trim, cut, fell and remove from the aforesaid tract and easements herein granted, all trees, underbrush,-vegetation, structures and obstacles as may be necessary, subject, however, to existing easements for public roads and highways, public utilities, raikoads and'pipelines. It is expressly understood and agreed that everything built, erected or placed on said tract or easements herein granted, except the Beach Quality Sand excavated, by the United States of America and/or its assigns shall be and remain the property of the United States of America and/or its assigns and may be removed therefrom by the United States of America and/or its assigns. RESERVING, HOWEVER, to the party of the first part and its assigns all such rights and privileges in said tract of land, including the right to shape, contour, move and remove the sand placed thereon, as may be used and enjoyed without interfering with or abridging the rights and easements hereby conveyed to the party of the second part. The said party of the first party hereby expressly and fttlly releases the United States of America and/or its assigns from liability for any and all damages done or caused to be done, and from any claims or demand whatsoever for injuries suffered by or done to the said premises by reason of the deposit of such Beach Quality Sand excavated to the aforesaid tract, except for damages due to the fault or negligence of the United States of America and/or its assigns. 4 TO HAVE AND TO HOLD, the said rights and easements unto the party of the second part, the United States of America and/or its assigns, for the purpose aforesaid, forever. And the said party of the first pan, for itself and for its assigns, does hereby convenant with theparty of the second party that is lawfully seized in fee of the aforegranted premises; that the said premises are free from all encumbrances; that it has good right to sell and convey the same as aforesaid; and that it will warrant and defend the title of the same to the said party of the second pan, and its assigns, against the lawful claims and demands of all persons. IN WITNESS WHEREOF, the said City of Virginia Beach, Virginia, party of the first pan, has hereto set its hand and seal on the day and year above written. ATTEST: CITY OF VIRGINIA BEACH, VIRGINIA City Clerk By CITY MANAGER STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument bearing date of Was acknowledged before me this day of By and and City Clerk respectively, of the City of Virginia Beach, Virginia. , City Manager Notary Public My Commission Expires: APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO FORM SIGNATURE CITY ATTORNEY 6 ! 0 ( CiTY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance Amending Sections 23-51 and 23-53.1 of the Code of the City of Virginia Beach, Virginia Pertaining to Tattooing and Body Piercing Establishments MEETING DATE: February 5, 2002 Background: In April, the City Zoning Ordinance and City Code were amended to allow tattoo parlors and body piercing establishments in certain areas of the City and subject to certain regulations. In June, the City Code was further amended to prohibit tattooing and body-piercing of certain body parts by persons of the opposite sex from the customer. Since then, representatives of the tattooing and body piercing industry have requested that certain revisions be made to the City's regulations, and the Health Department has requested certain other modifications as well. The City Attorney's Office has been in communication with both the Health Department and industry representatives, and have brought forward the proposed ordinance as a result. : Considerations: The proposed ordinance amendments are summarized in the attached Summary of Proposed Amendments to City Code Sections 23-51 and 23-53.1. The General Assembly is currently considering House Bill 539, which, if enacted, would divest localities of the authority to regulate tattoo parlors and body-piercing establishments and transfer regulatory authority to the Virginia Board of Barbers and Cosmetology. In light of this development, the Staff recommends indefinite deferral of the ordinance pending final action by the General Assembly. Recommendations: Indefinite deferral of ordinance Attachments: Summary of Proposed Amendments; ordinance Recommended Action: Indefinite Deferral Submitting Department/Agency City Managel~~~ CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Hungarian' Road - CIP 2-021.11 MEETING DATE: Febz:uazry 5. 2002 Background: This project is in response to citizen concerns over the number of accidents and "near misses" in the vicinity of 3272 Hungarian Road. It will replace a reverse curve, add a small shoulder on the new alignment, and relocate the ditches which are currently adjacent to the roadway on both sides. The original acquisition for this project was first approved by City Council on April 13, 1999 (ref. Ordinance No. 99-2526D). During the acquisition process concerns were raised by the residents over the impact of the project on their properties. One of the residents was concerned over the considerable damage resulting to his home as a result of shifting the road. To address these resident concerns regarding the impact of the project, the City Engineer's Office reviewed and redesigned the project. The redesign of the project increased the number of properties being affected from :six to ten, but made the impacts of the project more acceptable to all. Considerations: During the initial acquisition phase, the Real Estate Office was unable to locate some of the property owners because they were not US citizens and resided overseas in remote areas. Condemnation was the only alternative for acquisition. Since the new design affects different property than the original design, the scope of the project has been changed. Therefore, in order to proceed with this redesigned project, authority to acquire the right of way and/or easements by agreement or condemnation is being requested. This project will result in an improved line of sight for this curve, in addition to the increased safety provided by a shoulder adjacent to the roadway instead of a ditch. Public Information: Advertisement of City Council Agenda. Alternatives: Hungarian Road. design. The project has been designed to improve visibility and traffic safety on The alternative is not to construct this project or to proceed with the original Recommendations: Approval of the ordinance to acquire right of way and easements by condemnation or negotiation. Attachments: Ordinance Location Map Recommended Action: Approval ~ ..,.~/_. Submitting Department/Agency: Public Works/Real Estate City Manage~/~;~ [/~_, ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR HUNGARIAN ROAD(CIP 2-021.11)AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, on April 13, 1999, the Council of the City of Virginia Beach did authorize the acquisition of certain right of way and easements, by agreement or condemnation, shown on a drawing attached to the Ordinance No. 99-2526D adopted on the aforesaid date; and WHEREAS, since that time, the design of the Hungarian Road Project, CIP 2-021.11 has been revised necessitating the acquisition of additional right of way and easements beyond the scope of those previously approved by the Council of the City of Virginia Beach on April 13, 1999. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real property in fee simPle, including temporary and permanent easements and right-of-way (collectively the "Property") as shown on the plans entitled "Hungarian Road Improvements CIP #20.021.11" (the "Project"), and more specifically described on the acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2002. APPROVED AS TO CONTENTS /J ' SIGNATURE DEP~T~NT APPROVED AS TO LEGAL SUFFICIENCY AND. FORM CITY ATTORNEY 2 a P LOCATION UNGARIAN MAP FOR ROAD SCALE: 1"- - 1600' ..INDIAN CRF..EK RO. · a PREPARED BY P/W ENG. DRAFT. 12-14-01 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Encroachment. Request for Charles R. and Christine D. ERin at 309 Grebe Crescent MEETING DATE: Background: Charles R. and Christine D. Ellin of 309 Grebe Crescent in Sandbridge Shores have requested permission to encroach into a portion of a City canal behind their house in order to build a wharf into said canal, which is known as Grebe Harbour. There are other similar type improvements such as bulkheads and boat docks in the neighborhood. There is a bulkhead and a pier on the property next door, and across the canal there is a rip-rap bulkhead and dock. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. The Department of Public Works supports the utilization of "hardened slope stabilization" revetment methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal, and lake systems. These methods are successful in areas with soil types classified as highly erodible, especially during major rainfall events which create high velocities and wave action along bank slopes due to high winds. Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. Attachments: Ordinance Location Map Agreement with plat attached Photographs Recommended Action: Approve request ,and authorize City ManageLl~o sign agreement. CitySUbmlttingManager: ~v~,~Department/Agency:~ , P~ ~W°rks/Real Estate ~pff~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S CANAL KNOWN AS GREBE HARBOUR BY CHARLES R. ELLIN AND CHRISTINE D.ELLIN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, CHARLES R. ELLIN and CHRISTINE D. ELLIN, desire to construct and maintain a wharf into the City's canal known as Grebe Harbour located at 309 Grebe Crescent in Sandbridge Shores. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, CHARLES R. ELLIN and CHRISTINE D. ELLIN, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a wharf in the City's canal known as Grebe Harbour as shown on that certain plat entitled: "ENCROACHMENT REQUEST PROPOSED WHARF FOR CHARLES R. AND CHRISTINE D. ELLLIN [sic] LOT 124, SANDBRIDGE SHORES, SECTION lB, SOUTH AREA PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA (M.B. 103 PG. 25) DATE: NOVEMBER 1, 2001", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the city of Virginia Beach and CHARLES R. ELLIN and CHRISTINE D. ELLIN (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be 37 38 39 40 41 in effect until such time as CHART.RS R. ELLIN and CHRISTINE D. ELLIN and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 200&. 42 43 44 45 CA#- TKENN\ENCROACH\ELLIN.ORD R-1 PREPARED: 11/30/01 APPRO(~D AS TO CONTENTS /u/ S~GNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY ANDc-r-Of~I CITY ATTORNEY 2 LOCATION MAP SCALE: 1" -- 1,600' /l' ii R/~ L(DEATI©N c~ %c~c~~ \ ,/ \ LOCATION MAP FOR PROPOSED ENCROACHMENT FOR CHARLES R. AND CHRISTINE D. ELLIN 309 GREBE CRESCENT SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 26-NOV-2001 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 {c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ ~k day of ~/~ ~, , 20 0/ , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the COmmonwealth of Virginia, the "City", Grantor, and CHARLES R. ELLIN and CHRISTINE D. ELLIN, his wife, THEIR HEIRS, ASSIGNS'AND SUCCESSORS IN TITLE, the "Grantee,, (even if more than one). WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot 124, Section lB South in sandbridge Shores (M.B. 103, Pg. 25), and being further designated and described as 309 Grebe Crescent, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a wharf, a "Temporary Encroachment,, in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Grebe Harbour (M.B. 103, Pg. 25) the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 2433-24-4447 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST PROPOSED WHARF FOR CHARLES R. AND CHRISTINE D. ELLLIN (sic) LOT 124, SANDBRIDGE SHORES, SECTION lB, SOUTH AREA PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA (M.B. 103 PG. 25) DATE: NOVEMBER 1, 2001", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein aUthorized shall terminate~upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and i 2 expenses, including reasonable attorney,s fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to th~ limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that, prior to the issuance of a permit, performance bond or other form of Development Services Center of the the Grantee must post a surety, approved by the Planning Department, in accordance with the engineer,s cost estimate. It is further expressly understood and agreed that the Grantee mus{ obtain approval of a Joint Permit Application from the Waterfront Operations Division of the Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsementSproviding at least thirty (30) days written notice to the-City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, 4 pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CHARLES R. ELLIN and CHRISTINE D. ELLIN, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 5 Charles R. Ellin Christine D. Ellin- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 ., by ., City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: CHARLES R. ELLIN and CHRISTINE D. ELLIN, his wife. The foregoing instrument was acknowledged before me , by Notary Public My Commission Expires: OVED AS TO CONTENT ~ ^ ~IGNA,UaE - - ') , ,, D EPAI~I%%IEi,,/? 7 GREBE HARBOUR CANAL OWNED BY CITY OF VIRGINIA BEACH GPIN # DOES NOT REGISTER IN DATABASE 243:5-24-4567 MHW 2.¢' At proPOSED BULKHEAD ALIGNMENT ~L..W_..-_Q.. ~, TIE INTO PROPOSED BULKHEAD OF LOU PISCIOTTA, IF NOT A 7' RETURN WILL BE PROVIDED. ~' ,,~ PIN(F) '- A: 49' B: 50' "' C: 57' D: 138' LOT 123 N/F LOU PISCIOTTA 2433-24-5525 PROPOSED 8' x42' WHARF / S 57'30'00" W 1.~n nn' TIE INTO EXISTING -'L-L_ 42' I ...... BULKHEAD OF _..,__ ~1 i~ I [l~l~illllltl'l~ll~ttl"lllll~,! ~--T JAMES WILLIAMS 10 ....... · · '- .-'~o .................... ' PROPOSED PROPOSED gD:7 LOT 124 GPIN: 2433-24-4447 j L=56.14' R=50. O0' L=36.14' N 54'50'00"W 63.68' GREBE CRESCENT (50' R/W} LAT: N 36'43'42" LON: W 76'56'21" WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: {757) 425-8244 SITE PLAN SCALE 1" = 30' ENCROACHMENT REQUEST PROPOSED WHARF FOR CHARLES R. AND CHRISTINE D. ELLLIN LOT 124, SANDBRIDGE SHORES, SECTION lB, SOUTH AREA PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA (M.B. 103 PG. 25) DATE: NOVEMBER 1, 2001 Charles R. and Christine D. Ellin Looking West at Site Looking SouthEast across Canal CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment request for John A. Smith and Kathleen Smith for a bulkhead, rip rap and platform at 2408 Entrada Ddve MEETING DATE: Background: Mr. and Mrs. John A. Smith applied for an encroachment into the City's 50-foot canal behind their property at 2408 Entrada Drive in Lago Mar subdivision to build a wooden bulkhead approximately 125 feet long, keep an existing platform and place rip rap under the platform. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. There are other bulkheads similar to this request in this neighborhood. The Department of Public Works supports the utilization of "hardened slope stabilization" revetment methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal, and lake systems. These methods are successful in areas with soil types classified as highly erodible, especially during major rainfall events which create high velocities and wave action along bank slopes due to high winds. Public Information: Advertisement of City Council Agenda Alternatives: Approve the encroachment as requested, deny the encroachment or add conditions as desired by Council. Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Attachments: Ordinance Location Map Agreement Plat Recommended Action: Approval City Manager~'''¥~% !~ ' ~~submitting Der. p~artment/Ag~enc~,Pu_blic Works 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY BY JOHN A. SMITH AND KATHLEEN SMITH, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, John A. Smith and Kathleen Smith, desire to construct and maintain a bulkhead, rip rap and platform into the City's canal in the Lago Mar subdivision located at 2408 Entrada Drive. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe· NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in § § 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended John A. Smith and Kathleen Smith, their assigns and successors in title is authorized to construct and maintain a temporary encroachment for a bulkhead, rip rap and platform into the City's property as shown on the map entitled: "PROPOSED BULKHEAD AND RIP RAP IN A CANAL OF LAGO MAR · VIRGINIA BEACH, VA. · APPLICANT: JOHN A. SMITH" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and John A. Smith and Kathleen Smith, (the "Agreement") which is attached hereto and incorporated by reference; and 28 29 3O 31 32 33 34 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as John S. Smith and Kathleen Smith and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of ,2002. 35 36 CA-# PREPARED: December 31, 2001 SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND,~ORM CITY ATTORNEY LOCATION MAP DR. $C,nd.E : 1" = 1~600~ )IPES LOCATION MAP SHOWING ENCROACHMENT AT 2408 ENTRADA DRIVE, PROPERTY OF JOHN A. SMITH SCALE: 1" -- 100' PREPARED BY P/W ENG. DRAFT. OS--DEC-2001 PREPARED BY VIRGINIA BEACH CITY ATI'ORNEY'S OFFICE TI-IIS AGREEMENT, made this ~rt~ day of .'-/~oqr~'~J.)~r-, 2 o o /' , byand between the CITY OF VIRG~ BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOHN A. SMITH AND KATHLEEN SMITH, Husband and Wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Section 2, Lot 300, Subdivision of Lago Mar" and being further designated and described as 2408 Entrada Drive, Virginia Beach, Virginia 23456; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, tip rap and platform, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as 50-foot wide canal, Virginia Beach waterway, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for th~ further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2424-02-9439 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED BULKHEAD AND RI~ RAP IN A CANAL OF LAGO MAR VIKG~ BEACH, VA. APPLICANT: JOHN A. SMITH," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in easeit shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor 2 to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Waterfront Operations/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the 3 cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is alloWed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WlTNESS WHEREOF, John A_ and Kathleen Smith, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk 4 Kathleen Smith STATE OF VIRGI2~A CITY OF VIRGINIA BEACH, to-wit: The foregoing instmmem was acknowledged before me this day of ,2 ,by MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. , CITY My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this .. day of ,2 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this , by John A. Smith and Kathleen Smith. day of My Commission Expires: ~otary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT 6 ?, ~'$TOR¥ STUCCO J§ I s~8~o'oe-~ ~.2~ ~,:" ......... ~OT PLAd i'-30' VICINITY [#f~ DRI~ 60'IN 05478 ':' GPXN 2~2q"OZ"gq39 PURPOSE: SANK DATUm: Nt.V - APIBt, ICANT: Zq(~ ENTRADA ONIYE AGENT: KEN ~SON ~70~ KSUN OltlV~ CHESAPEANE,VA.2~2~ PRO~SF.D 8tJLKHBD AND RIP R~ IN A CANAL OF ~AGO HA~ V%~GINIA EEACH~VA, APPLICANT: JOHN A. SHTTH Encroachment Request · 2408 Entrada Drive Subject Property- Facing Northeast Subject Property- Facing Northwest K. PLANNING Applications of WEST NECK PROPERTIES, INC. at the northeast comer of West Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres. (DISTRICT 7 - PRINCESS ANNE) (Deferred January 22, 2002) Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot minimum pavement width for interior streets bo Change o_fZoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-15 Residential c. Conditional Use Permit re Open Space Promotion Recommendation: APPROVAL January 22, 2002 COUNCIL LADY HENLEY: I would just like to reiterate my abstention on the Doczi Application because my family owns property adjacent. So, therefore, I am abstaining. VICE MAYOR SESSOMS: question please. Thank you very much, Mrs. Henley. Any other comments or questions? I call for the CITY CLERK: By a vote of 10 to 0, you have adopted the Consent Agenda as read by the Vice Mayor with the exception of those abstentions to Number 6 on Planning by Mrs. Henley and Number 9 on the Ordinances with Vice Mayor Sessoms and the two nay votes on the Tax Exemption by Mrs. Parker and Mrs. McClanan. VICE MAYOR SESSOMS: You did have me abstaining on Item Number 9; is that correct? CITY CLERK: Yes, I did. 7 January 22, 2002 VICE MAYOR SESSOMS: Thank you very much. Next. Thank you, sir. CITY CLERK: Okay. On Bil-Mar we have several speakers. We have three opposed. VICE MAYOR SESSOMS: Okay. We have several speakers on Bil-Mar? CITY CLERK: Yes, sir. VICE MAYOR SESSOMS: How many speakers? CITY CLERK: There are three opposed and one in favor of Bil-Mar. COUNCILMAN HARRISON: Are the speakers in opposition opposed to a deferral to February the 12th? VICE MAYOR SESSOMS: Speakers for Bil-Mar, speak up. I'm assuming not because I'm not hearing anything. So, Bil-Mar will be deferred until February 12th. CITY CLERK: On Princessboro we have one, two, three speakers opposed and one in favor. VICE MAYOR SESSOMS: The representatives from Princessboro who are against, do they have any objection to the deferral of March 26th? Hearing none, I'm assuming March 26th is acceptable. COUNCILMAN HARRISON: I renew my motion to approve. VICE MAYOR SESSOMS: Do I have a second? COUNCILMAN MANDIGO: Second. VICE MAYOR SESSOMS: Mrs. Henley. I have a motion and a second. Any discussion on the Consent? Yes, 6 January 22, 2002 Item Number 10, transfer $173,683 from the General Fund Reserve for Contingencies to Fiscal Year 2001 to Operating Budget regarding revenue reimbursements to fully fund the Real Estate Tax Relief Program, for approval. Under Planning: Item Number 1 for approval, Robert A. Conaway. Item Number 3, West Neck Properties, Incorporated, for a deferral to the first Meeting in February. Item Number 4, Salt Meadow Bay, L.L.C. for approval noting a no vote by Mrs. Parker. Item Number 5, Bil-Mar Construction Limited, being deferred until February 12th. Item Number 6, Frank Doczi for approval. Item Number 8, ?rincessboro Development Company for deferral until March 26th, 2002; and Item NUmber 9, for approval for amending 1405 and 1605 of the City Zoning Ordinance regarding a Public Hearing procedure on permit applications for the Wetlands Zoning Ordinance and Coastal Primary Sand Dune Zoning Ordinance. Do I have a motion? COUNCILMAN HARRISON: So moved. CITY CLERK: Your Honor, we have a speaker, Mr. Nausbaum, who is representing Beth Sholom. I'm sure he would like to have a Consent vote. Also, we have speakers opposed on the Planning Items for West Neck Properties and you have that one under Con~ent to be deferred. We have opposed speakers. Would you like clarify that? VICE MAYOR SESSOMS: How many speakers do we have from West Neck? CITY CLERK: One speaker in favor and one opposed. VICE MAYOR SESSOMS: Would the person in opposition to West Neck understand that this has been deferred and have any objection to that? GENTLEMAN IN OPPOSITION: No. 5 January 22, 2002 FORMAL SESSION VICE MAYOR SESSOMS: Council, I will now move to Resolutions, Ordinances and Planning by Consent. Madam Clerk, I'm going to ask that you keep a close eye, as I ask for this motion, if there.are any people to speak who are in opposition on anything that might be on Consent. First of all, Item Number 1 under Resolutions, the Development Authorities Multifamily Residential Rental Housing Refunding Revenue Bonds for Silver Hill Mill Dam Associates. Item Number 2, the Tax Exempt Real Estate and Personal Property, Item Number A, American Environment Foundation for an indefinite deferral and Item Number B, Beth Sholom Terrace for approval noting a no vote by Mrs. McClanan and Mrs. Parker. Item Number 3, for approval of the endorsement to the Transportation Enhancement Funds. Item Number 4, for amending and adding to establish a technology zone. Item Number 5, amend the Chesapeake Bay Preservation Ordinance Regarding Variances in Public Notification to all adjacent property owners for approval. Item Number 6, to clarify an Ordinance adopted ~ovember 6, 2001, pertaining to property at the Lynnhaven Interchange at Great Neck Road, either by agreement or condemnation. Item Number 7, for approval; accept and appropriate $1,060,987 from the Commonwealth of Virginia Technology Trust Fund regarding purchasing of land records, document indexing and imaging system for the Clerk of the Circuit Court. Item Number 8, authorizing the City Manager to execute the Agreement between the City and the Virginia Housing Development Authority regarding Sponsoring partnerships and Revitalizing Communities Home Ownership Program. Number 9, authorize the City Manager to execute a Consent to the Assignment of Ingenco's rights and obligations under the LFG Agreement regarding amended Landfill Gas Sale Agreement, noting that I will be abstaining on that. 4 COUNCIL LADY PAR/fER: January 22, 2002 I have a problem with that one. I'm sorry. VICE MAYOR SESSOMS: Okay. Reba is voting no. 'Do you want to? COUNCIL LADY PARKER: I want to vote no. VICE MAYOR SESSOMS: Okay. COUNCIL LADY PARKER: Ten percent is not what I consider to be low income housing. VICE MAYOR SESSOMS: Okay. MAYOR OBERNDORF: COUNCIL LADY PARKER: Well, how much is designated in Westminster Canterbury and Atlantic Shores? At Atlantic Shores they don't get any kind of discount. VICE MAYOR SESSOMS: Let me just say something real quick. This has been decided, but I think we are going to come back with a plan that will -- and I think this makes more sense than looking at a certain percentage of the rooms, but look at maybe .getting $1.50 return on the $1 that is subsidized. In other words, the private side would give $1.50 to $1. I would rather see something like that, than to get into percentages. The City Attorney's Office is working on these things as we speak. 3 January 22, 2002 INFORMAL SESSION MAYOR OBERNDORF: Let's go to the Agenda. VICE MAYOR SESSOMS: Mayor, here. Authority Bonds for Silver Hill. I'm feeling better about this one The Resolution for the Development Does anyone object to that? Moving onto the Tax Exemption, first of all, American Environment has asked for an indefinite deferral, which I don't think anyone will argue with. The second one I think we've been receiving information I'm going to recommend that it go on Consent. COUNCIL LADY McCLANAN: I don't want to vote for it. VICE MAYOR SESSOMS: Okay. VICE MAYOR SESSOMS: Any other no votes? Okay. So, 2B will be on Consent, noting the one no vote. COUNCILMAN MANDIGO: this Session? VICE MAYOR SESSOMS: Do we have anymore of these coming up before -- you know, to try to get through on I wouldn't know the answer to that question. The City Attorney.'s Office might have a better handle on it than I do. COUNCIL LADY McCLANAN: I think they have to have been filed. VICE MAYOR SESSOMS: It would be a little late for them to tell them now. COUNCIL LADY McCLANAN: They have deadlines for all the seasons. COUNCILMAN MANDIGO: Okay. MAYOR OBERNDORF: Mrs. Parker wants to say something. 2 Virginia Beach City Council January 22, 2002 4:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor W. D. Sessoms, Jr., Vice.Mayor Linwood O. Branch, III Margaret L. Eure William W. Harrison, Jr. Barbara M. Henley Louis R. Jones Robert C. Mandigo Reba S. McClanan Nancy K. Parker Rosemary Wilson At Large At Large District 6 - Beach District 1 - Centerville District 5 - Lynnhaven District 7 - Princess Anne District 4 - Bayside District 2 - Kempsville District 3 - Rose Hall At Large At Large CITYMANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Planning Application of West Neck Properties - 38- Item V4.$. PLANNING ITEM # 49224 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council DEFERRED to the City Council Session of February 5, 2002, applications of WEST NECK PROPERTIES, INC. for a Variance to 3~ 4. 4(b) of the Subdivision Ordinance re the thirty (30)-foot minimum pavement width for interior streets, and Ordinances for a Conditional Change of Zoning and Conditional Use Permit: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for West Neck Properties, Inc., a Virginia corporation. Parcel is located at 3132 West Neck Road (GPIN #2403-21-1935; 1t2403-21-0241). DISTRICT 7 - PRINCESS ANNE. ORDINANCE UPONAPPLICA TION OF WESTNECKPROPERTIES, INC., A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-15 RESIDENTIAL 'DISTRICT An Ordinance upon Application of West Neck Properties, Inc., a Virginia corporation, for a Change of Zoning District Classi. fication from A G- 1 and A G-2 Agricultural Districts to Conditional R-15 Residential District at the northwest corner of West Neck Road and Indian River Road (GP1N #2403- 21-1935; #2403-21-0241). The proposed zoning.,classification to Conditional R-15 is for single family residential land use on lots no less than 15,000 square feet. This site is located in the Transition Area as defined in the Comprehensive Plan. The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach. Said parcel is located at 3132 West Neck Road and contains 87.215 acres more or less. DISTRICT 7 - PRINCESS ANNE. AND, ORDINANCE UPON APPLICA TION OF WEST NECK PROPER TIES, INC., A VIRGINIA CORPORATION, FORA CONDITIONAL USE PERMITFOR OPEN SPACE PROMOTION Ordinance upon Application of West Neck Properties, Inc., a Virginia corporation, for a Conditional Use Permit for Open Space Promotion at the northeast corner of West Neck Road and Indian River Road (GPIN 112403- 21-1935; #2403-21-0241). Said parcel is located at 3132 West Neck Road and contains 87.215 acres. DISTRICT 7- PRINCESS ANNE. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, Ill, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir. and Rosemary Wilson Council Members Voting Nay:, None Council Members Absent: Mayor Meyera E. Oberndorf January 22, 2002 No'r. +~o S¢ole AG-2 AG-2 West Neck Pro Gpin 2403-21-1935 0241 ZONING HISTORY la. Rezoning (A-R to M-13) & Conditional Use Permit (mobile home park); lb. Rezoning (A-R to C-G3) & Conditional Use Permit (gas station); lc. Rezoning (A-R to C-L3) All requests were Denied 5-15-72 2. Conditional Use Permit (indoor/outdoor recreation - gym, boxing rings & track) Withdrawn 4-23-84 3. Subdivision Variance Approved 7-7-92; Conditional Use Permit (single family homes) Approved 7-7-92 4. Modification of Proffers Approved 5-11-99; Rezoning (AG-2 Agricultural to R-20 Residential) Approved 1-4-94; Rezoning (AG-1 Agricultural to R-20 Residential) Approved 1-4-94; Rezoning (R-40 Residential to R-20 Residential) Approved 1-4-94; Conditional Use Permit (open space promotion) Withdrawn 1-4-94; Subdivision Variance Approved 1-4-94; Rezoning (R-10 Residential to AG-2 Agricultural) Approved 7-14-92; Rezoning (R-15 Residential to AG-2 Agricultural) Approved 7-14-92; Rezoning (R-20 Conditional Use Rezoning (AG-1 Rezoning (AG-1 Rezoning (AG-1 Conditional Use Residential to AG-2 Agricultural) Approved 7-14-92; Permit (golf course) Approved 7-14-92; and 2 Agricultural to R-10 Residential) Approved 4-9-91; and 2 Agricultural to R-15 Residential) Approved 4-9-91; and 2 Agricultural to R-20 Residential) Approved 4-9-91; Permit (golf course) Approved 4-9-91; CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager West Neck Properties, Inc., a VA corp., Subdivision Variance MEETING DATE: February 5, 2002 Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for West Neck Properties, Inc., a Virginia corporation. Parcel is located at 3132 West Neck Road (GPIN #2403-21-1935; #2403-21-0241). DISTRICT 7 - PRINCESS ANNE. This request was deferred at the january 22, 2002 meeting. Considerations: The applicant is requesting a subdivision variance to the 30 foot minimum pavement width for interior streets. In order to reduce the overall amount of pavement, the applicant is proposing a 28 foot pavement width with side swales. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. CitySUbmittinguana¢ Department/Agi~ Planning~ Department~(~/~ CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager West Neck Properties, Inc., a VA corp., Conditional Use Permit MEETING DATE: February 5, 2002 Background: An Ordinance upon Application of West Neck Properties, Inc., a Virginia corporation, for a Conditional Use Permit for Open Space Promotion at the northeast corner of West Neck Road and Indian River Road (GPIN #2403-21-1935; #2403-21-0241). Said parcel is located at 3132 West Neck Road and contains 87.215 acres. DISTRICT 7 - PRINCESS ANNE. This request was deferred at the January 22, 2002 meeting. Considerations: The applicant is requesting a conditional use permit for an Open Space Promotion to consist of 66 lots and 37.66 acres of open space (not including City-defined wetlands). Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request subject to the following condition: The subdivision shall be developed as depicted on the submitted subdivision plan entitled, "Preliminary Subdivision Plan for Eagles Nest for West Neck Properties, Inc., Virginia Beach, Virginia," dated July 5, 2001 revised 11/18/01, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Mana¢~--I~ CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager West Neck Properties, Inc., a VA corp., Change of Zoning District Classification MEETING DATE: February 5, 2002 Background: An Ordinance upon Application of West Neck Properties, Inc., a Virginia corporation, for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District at the northwest corner of West Neck Road and Indian River Road (GPIN #2403-21-1935.; #2403-21-0241). The proposed zoning classification to Conditional R-15 is for single family residential land use on lots no less than 15,000 square feet. This site is located in the Transition Area as defined in the Comprehensive Plan. The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitalitY policies of Virginia Beach. Said parcel is located at 3132 West Neck Road and contains 87.215 acres more or less. DISTRICT 7 - PRINCESS ANNE. This request was deferred at the January 22, 2002 meeting. Considerations: The applicant is requesting a change of zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District on this site. The R-15 zoning will be modified through an Open Space Promotion Use Permit, allowing clustering of the lots to provide additional open space areas. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request as proffered. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentJAgency..LPlanning Department City Manager:~ WEST NECK PROPERTIES / # 19 - 21 December 12, 2001 General Information: REQUEST: ADDRESS: GPIN: (19) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District. (20) Conditional Use Permit for Open Space Promotion. (21) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance (minimum street pavement width). 3132 West Neck Road (Northeast corner of West Neck Road and Indian River Road). #2403-21-1935; #2403-21-0241 ELECTION DISTRICT: 7-PRINCESSANNE Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page I SITE SIZE: STAFF PLANNER: 87.215 acres more or less. Ashby Moss Major Issues: · Consistency with the policies of the Comprehensive Plan for the Transition Area. · Impact on City systems (transportation, utilities, schools). · Compatibility with the surrounding area in terms of land use. Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zonin,q The property is currently developed with a single- family dwelling and various other outbuildings and structures including a stable, greenhouse, detached garage, pool, tennis court, and basketball court. The property is zoned AG-1 and AG-2 Agricultural Districts. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 2 Surrounding Land Use and Zoning North: South: East: West: · Cultivated fields / AG-1 and 2 Agricultural Districts · Three single-family dwellings fronting Indian River Road / AG-2 Agricultural District · Across Indian River Road, farm with single-family dwelling (included in Agricultural Reserve Program) / AG-1 and 2 Agricultural Districts · Woodlands and wetlands (City-owned property) / AG-1 and 2 Agricultural Districts · Single-family subdivision (Indian River Plantation) / Conditional R-20 Residential District Zonin,q and Land Use Statistics With Existing Zoning: The density provisions of Section 402 of the City Zoning Ordinance would allow four to five single-family dwellings by-right depending on the amount of Type 1 and 2 soils present. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES/. 19-21 Page 3 With Proposed Zoning: The conditional zoning agreement limits the number of lots to 66 and requires the development design to follow the preliminary subdivision plan described below. A total of 46.74 acres of mostly wetlands and some upland areas will be dedicated to the City. Another 10.75 acres of open space within the development will be owned by a Property Owners' Association. Zonin,q History A three-part rezoning request was denied on the subject property in 1972. The three parts to the rezoning request included: a comer parcel proposed for a gas station, the Indian River Road frontage proposed for commercial, and the remaining area proposed for a mobile home park. Twelve years later, a conditional use permit for a portion of the subject property was requested. That proposal, for indoor/outdoor recreation, including a gym, boxing rings, a track, and a lodge was withdrawn April 23, 1984. East of the subject property across West Neck Road, a number of zoning actions have occurred for the Indian River Plantation development. In 1991, the property was rezoned from Agriculture to various residential districts with a conditional use permit for a golf course. In 1992, these zonings were changed back to Agriculture with another conditional use permit for a golf course. Finally, in 1994, most of this portion of the property was rezoned to Conditional R-20. The proffers were modified on part of this area in 1999, but the zoning remains Conditional R-20 Residential District. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. The proposed use is compatible with this AICUZ. Natural Resource and Physical Characteristics The property contains both open fields, not under cultivation, and heavily wooded areas. While the wooded areas are mostly on the eastern side of the property, there are a number of mature hardwoods at the center of the property around the existing house. The existing driveway is also lined on both sides with tall evergreen trees. This has been incorporated in the proposed site plan as part of a multi-purpose trail. This land drains to West Neck Creek, located approximately 400 feet from the northeast corner of this property. Consequently, wetlands and floodplain comprise a large portion of the eastern and northern sides of this property. Soils on the site are a mixture, Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 4 dominated by Tomotley (poorly drained, hydric) and Dragston (somewhat poorly drained, non-hydric). Public Facilities and Services Water and Sewer There is currently no City water or sanitary sewer available to this property. The plan, as proposed, cannot be developed without City sewer. HoWever, the Capital Improvement Program (ClP) lists projects for water and sewer extensions along West Neck Road to a point north of the proposed site. To extend water and sewer to the subject site, the developer would have to construct a pump station and extend sewer and water lines approximately 5,000 feet. It is the intent of the applicant to extend water and sewer to the site and discussions have been held with Public Utilities regarding this extension. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): West Neck Road in the vicinity of this application is currently a two lane undivided rural arterial, and Indian River Road in the vicinity of this application is currently a two lane undivided rural arterial. The MTP designates Indian River Road as a 100 foot divided roadway. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity West Neck Road 2,502 ADT ~ 7,400 ADT ~ Potential Land Use z- 90 ADT Avera(3e Daily Trin.~ Proposed Land Use3 - 660 ADT 2as defined by 5 single-family dwellings a as defined by 66 single-family dwellings ,,,Schools School Name Current Capacity Generation Enrollment North Landing 503 666 19 Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 5 Elementary Princess Anne Middle 1,376 1,520 11 Kellam High 2,365 2,070 12 "generation" 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). Public Safety Police: Adequate. No further comments. Fire and Rescue: Adequate. If road widths are less than 30 feet, parking should only be permitted on one side of the road. Summary of Proposal Proposal · The proposed development consists of 66 lots and 37.66 acres of open space (not including City-defined wetlands). Density equals 0.96 lots per developable acre, and non-City-defined wetland open space equals 55 percent of the developable area. Lots range is size from 10,800 square feet to almost 30,000 square feet with an average lot size of 15,500 square feet. The proposal includes 46.74 acres of land to be dedicated to the City. This includes 18.46 acres of City-defined wetlands bordering West Neck Creek and 28.28 acres of upland adjacent to these wetlands and along West Neck Road and Indian River Road. The applicant is also requesting a subdivision variance to the 30 foot minimum pavement width for interior streets. In order to reduce the overall amount of pavement, the applicant is proposing a 28 foot pavement width with side swales. A very small amount of fill in the floodplain is necessary to reach some of the high, developable land on the property. The lost floodplain area will be miti~gated on site in an equal amount. A floodplain variance is not required as the area of'fill is only 0.2 pement of the total flood fringe area on the site. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 6 Site Desiqn · The plan shows a 66 lot subdivision served by a road with three cul-de-sacs and a loop. The area proposed for development is primarily located on the western half of the property. Much of the eastern half, which is primarily wetlands and floodplain, is proposed for dedication to the City, to be integrated into the City's West Neck Creek Linear Park property. Along both the West Neck Road and Indian River Road street frontage, 150 foot buffers are also proposed for dedication to the City. The street frontage buffer is interrupted at one pOint on Indian River Road where the development wraps around three existing houses. The central feature of this subdivision plan is a 10 foot wide multi-purpose trail that runs through the center of the site adjacent to the main interior road. This trail consists of the existing tree-lined asphalt driveway, which will be extended past its current terminus all the way to the wetlands at the back of the site. A 15 foot public access easement will sanction public access to and use of the trail. A 1.37 acre stormwater management facility is shown on the plan at the center of the site. The presence of the road swales may reduce the size or eliminate the need for this facility entirely. Vehicular and Pedestrian Access · The proposed subdivision's sole entrance is on West Neck Road, just south of the existing driveway for the property. The interior roads consist of a loop road and three cul-de-sacs. · The divided entrance includes two exit lanes and one entry lane. · Both right and left turn lanes are shown on West Neck Road. In addition to the ten foot paved multi-purpose trail within the development, an eight foot trail is proposed within the buffer along West Neck Road and Indian River Road. (This buffer is proposed for dedication to the City, so the trails will also be City- owned). · Sidewalks are shown along one side of the interior streets. · Another 15 foot public access easement is shown adjacent to lot 11, connecting the buffer trail on Indian River Road to the interior sidewalk system. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 7 Pressed concrete brick paver crosswalks are shown at four points where sidewalks/trails cross an interior street. · Parking for guests will be allowed on only one side of the streets due to the reduced width that is proposed. Architectural Design · The applicant has proffered minimum house sizes of 2,600 square feet for one story houses and 2,800 square feet for two story houses. Each house will have a two car garage. In addition, at least 75 percent of the exterior building matedal must be brick, stone, stucco, or similar quality material. · A four foot high, eight foot wide brick monument style sign is shown on a one foot concrete base for the proposed community entrance sign. Landscape and Open Space · A total of 46.74 acres of open space is to be dedicated to the City. This includes the wetlands and floodplain on the eastern portion of the property which are proffered to become part of the West Neck Creek Linear Park. The 150 foot buffers along West Neck Road and Indian River Road are also included in this figure. · Interior open space to be owned by a Property Owners' Association equals 10.75 acres. The total amount of open space that can be credited toward the 15 percent requirement for open space promotion is 37.66 acres or 55 percent of the developable land on the site. Landscaping proposed for the 150 foot buffers along West Neck Road and Indian River Road consists of a 50 to 70 foot wide berm along the interior part of the buffer. The berm area is to be reforested with at least 70 percent native species of shrubs and trees. On the street side of the berm, 30 by 50 foot landscape beds will be placed 200 to 250 feet apart, consisting of shrubs, ornamental grasses, and perennials. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 8 Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 Staff Evaluation: PROFFER # 3 Staff Evaluation: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than sixty-six (66) building lots substantially in conformance with the Exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR EAGLES NEST FOR WEST NECK PROPERTIES, INC. VIRGINIA BEACH, VIRGINIA," dated July 5, 2001 revised 11/18/01, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). The proposed subdivision plan is acceptable. When the property is developed, approximately 46.74 acres of forested area and buffers along West Neck Road and Indian River Road lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to the Grantee as Public Open Space. An additional 10.75 acres of Open Space including an improved multi,purpose trail for use by the public shall be maintained by the Property Owners Association. This proffer is acceptable. The wetlands and adjacent uplands proPosed for dedication adjoin several acres of City-owned land bordering West Neck Creek. This land will be a welcome addition to the West Neck Creek Linear Park. The entrance to the community and multi-purpose trail and the typical street section of future West Neck Road and the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on page 2 of the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. This proffer is acceptable. The interior roadway sections are just two feet shy of the standard 30 foot pavement Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 9 PROFFER # 4 Staff Evaluation: PROFFER # 5 Staff Evaluation: .section. The use of side swales is intended to avoid or mitigate the need for a large stormwater management facility, which would entail the removal of more trees. Restricting on-street parking to just one side of the street will ensure adequate paved width for emergency vehicles on the interior roads. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common area easements, including the community owned open space and multi-purpose trail, the entrance signage and neighborhood park. This proffer is acceptable. The Deed Restrictions and Property Owners' Association will help promote and maintain the level of quality demonstrated in this proposal All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doOrs, which is no less than seventy-five percent (75%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2800 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. This proffer is acceptable. The size of the proposed homes, quality exterior building materials, and sodded front yards will all contribute to a high quality appearance for this subdivision. The two car garages and minimum sized driveways will alleviate the need for on-street parking because of the alternative design for the interior streets. Four hundred ninety (490) square feet is the equivalent of three 9 by 18 foot parking spaces. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 10 PROFFER # 6 Staff Evaluation: PROFFER # 7 Staff Evaluation: PROFFER # 8 -When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practical and a tree preservation plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. This proffer is acceptable. Since most of the existing trees on the site are outside of the proposed development areas, preserving trees should be uncomplicated. The tree preservation plan will be most helpful on lots 38 thru 46 and the area of the stormwater management facility which are located behind the treeline. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing sixty-five pement (65%) of the Property to open space preservation, via the dedication of forty-six and seventy-four one hundredths (46.74) acres of the Property to Grantee as a part of West Neck Creek Linear Park, and ten and three quarter acres to the Property Owners Association as permanent open space the Grantors agree to contribute the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantors agree to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. This proffer is acceptable. The cash proffer of $1,250 per lot equates to a total of $82,500 for all 66 lots. Further conditions may be required by the Grantee during detailed Site Plan and / or Subdivision review and Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page11 Staff Evaluation: 'administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R- 15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. This proffer reaffirms that all provisions of the City Codes will be met and that the rezoning proposal outlined above does not eliminate the applicant's responsibility to follow the adopted rules and regulations. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated November 23, 2001, and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach in accordance with other Plan policies. ~This area, classified by the Plan as the Transition Area, serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south. The Plan offers the following planning policy guidance for this area. After each policy statement, an assessment of the development proposal in terms of the statement is provided. Provision 1 "Residential development within the Transition Area should adhere to the following guidelines: (a) Create high quality neighborhoods through careful planning of land uses, transportation systems, landscape treatments and public improvements. (b) Design with nature, making a special effort to preserve and showcase significant environmental resources. Carefully integrate such natural features and use them as a basis, where possible, to enhance and define neighborhoods, recreation areas, open spaces, and views of special natural areas. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES / # 19 - 21 Page12 (c) Construct local roads with minimal pavement width, wide shoulders and side swales. Include a well planned pedestrian circulation system to connect neighborhoods, recreational areas and open spaces. Minimize through consolidation the number of street accesses to arterial roadways" (pp. 72-73, Policy Document). Staff Assessment: The proposed development meets this provision. The subdivision is designed to showcase the existing tree-lined driveway by preserving it for a mu/ti- purpose trail This trail connects to a network of trails and sidewalks leading to other open spaces within and surrounding the development, including a major City park. Lot size is reduced and lots and roads are p/aced in locations to avoid sensitive areas and most of the existing wooded areas.. A 150 foot reforested buffer with a berm is included along Indian River Road and West Neck Road, further integrating the development into the surrounding landscape, consistent with the character of the Transition Area as a movement in residential density and design from the urban north to the rural south. A tree preservation plan has been proffered to preserve trees where possible. The roadway is designed with less pavement than a standard urban street section. It should be noted that this would not be recommended for these relatively smaller sized lots without the provisions limiting parking to one side of the street and providing adequate space on the individual lots, which this subdivision design accomplishes. Provision 2 "The residential growth in the Transition Area is not to be considered as a continuation of growth in the north, but as a special type of growth, with its own development standards suitable to the atmosphere and character of the area, and associated where possible with significant open space and recreational amenity. The Transition Area is to be seen as an open space and recreational mecca with residential development present only to the extent it supports the primary purpose of advancing open space and recreational uses. Residential use not associated with this purpose is not encouraged" (p. 73). Staff Assessment: Depending on whether City-defined wetlands are included in the calculation, this development proposal includes either 55 or 65 percent open space. Either way, it is clear that the majority of the development consists of open space, most of which is accessible to the public through the trail system that is provided. Further, the applicant has proffered $1,250 per lot (a total of $82,500) to be used for the purchase of open space pursuant to the City's Outdoors Plan. Therefore, this proposal appears to qualify as one that will advance publicly accessible open space and recreational uses with the residential component as secondary. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES / # 19 - 21 Page13 Provision 3 "Development that takes place in this area should be shown to be at the least fiscally neutral. Fiscally neutral means that development must both a) generate more in tax revenue than the public services cost to support it, and b) be of such a density that, when coupled with other existing and potential development in the area, it will not generate the need for substantial infrastructure improvement in advance of the City's ability to install it" (p. 74). Staff Assessment: Based on the quality materials for the houses and the value of the open space within and surrounding this development, these houses will have a value of at/east $350,000. Further, the cost of extending water and sewer to this property will be paid by the applicant. Public Utilities a/ready has plans to extend public water and sewer close to this area. The applicant would have to pay the cost of extending these services to the subject property. Provision 4 "As an alternative to fiscal neutrality, the use of cash proffers to offset negative fiscal impact can be considered" (p. 74)... Staff Assessment: The applicant has offered $1,250 per lot (or a total of $82,500), but this has been designated for the purpose of purchasing open space. Based on the factors noted above in the Staff Assessment for Provision 3, staff concludes that the development is likely to be fiscally neutral. Provision 5 "The entire project should be developed at a density which is the lowest of the following: (a) The density that, in the opinion of the City Council, establishes the residential component as secondary; (b) The density that, in the opinion of the City Council, assures a character of the project in keeping with the character of the Transition Area; (c) The traffic equivalent of one dwelling unit per developable acre. (That is ten generated trips per developable acre)" (p. 74). "The density of the project will be governed by the overriding density requirement set forth here, as well as the degree to which it represents quality development and the degree to which it presents the recreation element and the supporting housing, as the primary focus of the project" (p. 75). Staff Assessment: Sixty-six lots on the 69 acres of developable land equates to a density of 0.98 lots per developable acre. Therefore, this proposal meets the traffic equivalent of one dwelling unit per developable acre, as noted in (c) above. Planning Commission Agenda December 12, 2001~'~~ WEST NECK PROPERTIES ! # 19 - 21 Page14 Evaluation of Request The applicant's request for a change of zoning on this property from AG-1 and 2 Agricultural Districts to R-15 Residential District, for a conditional use permit for an open space promotion and for a subdivision variance is acceptable. Staff concludes that the applicant's proposal meets all applicable provisions of the Comprehensive Plan for the Transition Area. The 57 acres of wetlands and open space plus the cash proffers designated for the purpose of open space clearly demonstrate the promotion of open space associated with this proposal. The proposed density is slightly less than the recommended maximum for the Transition Area. The design of the subdivision preserves sensitive areas and showcases environmental features by incorporating them as open space. This open space both surrounds and winds through the development, creating a very useable network of trails, all of which connect with the City's West Neck Creek Linear Park. Therefore, the requests are recommended for approval. Condition The subdivision shall be developed as depicted on the submitted subdivision plan entitled, "Preliminary Subdivision Plan for Eagles Nest for West Neck Properties, Inc. Virginia Beach, Virginia," dated July 5, 2001 revised 11/18/01, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. NOTE: Furiher conditions may be required during the administration of applicable City Ordinances. The subdivision plan submitted with this conditional use permit may require revision during detailed plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page15 Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page16 EXISTING SITE D~,TA' PROPOSED SITE DATA: TOTAL~;a~'.SS. AC~.S. T01'~ ~SLOTS ,'~:A WIT'a~ RE~ LOT~ ,! Io INDIAN RIVER RO.a Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES / # 19 - 21 Page 17 LEGEND /I 1.1! II1! III11 IIIII. IIiiil /111 / llllll I1t. II ~t1111 I! ~OAD {VARIABLE WIDTH Planning Commission Agenda ~ December 12, 2001 ~'~ WEST NECK PROPERTIES ! # 19 - 21 ~ Page 18 WEST NECK PROPERTIES ! # 19 - 21 Page 19 J Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 20 z mmm Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 21 ENTRANCE SIGN Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES/# 19 -21 Page 22 Planning Commission Agenda December 12, 2001 WEST NECK PROPERTIES ! # 19 - 21 Page 23 Item # 19 West Neck Properties Appeal to Decisions of Administrative Officers 3132 West Neck Road December 12,2001 REGULAR AGENDA Robert Miller: Next items are items 19 through 21 for West Neck Properties. We don't have anybody signed up to speak for this one. Eddie Bourdon: For the record, Eddie Bourdon representing the application. Sorry I didn't sign up to speak. There are some adjacent property owners here and I have been discussing the application with them and I don't know that they are going to speak but I certainly want to afford them the opportunity to do so but I will address some of the other concerns that we talked about. I will keep it brief because I think that might have been the point of the note I am not touching on what you need to be touched on so please ask me questions. The - basically.it is the 87 ½ acre piece of property at Indian River Road and West Neck Road more of the Urban Services boundary line which is Indian River Road. It is directly across West Neck Road from Indian River Plantation. The property is zoned by the Snyder family. There is a lengthy history to the property which I won't go into. It is a beautiful piece of property. We have been working with staff and want to express onset our appreciation for the difficulty of this site presented in some ways with regard to floodplain and other issues and we have worked with staff and appreciate their patience in working with us to come up with a plan and I think is a beautiful plan one that we certainly will be proud of. Out of this 87 ½ acres of total land area 65% of it is going to be dedicated open space either to the City of Virginia Beach or to the property owner association or community association. So you are talking about 35% of the site will be occupied by homes and roadway area. The density is less than one unit per acre as provided for in the transition area. The City receives 46 3/4 acres of land dedicated and the homeowners association will have 10 3/4 acres of land dedicated. In addition to that because the transition area discusses and calls for public open space, I think we probably meet the argument of criteria standing alone but we also proffered $82,500 in cash in the City of Virginia Beach. That is $1,250 per lot for open space acquisition for the outdoors plan. One of the things and your write-up is very extensive and I have no disagreement with anything in the write-up. It is very well done. I had enough time to go through all of this. One of the things that is not mentioned I thought was worthy of mentioning in addition to all of the 150 dedicated areas along West Neck and Indian River Road where there will be berms and reforested landscaping and trail that connects to this beautiful trail going down the current drive way that is wooded and very beautiful, that is going to be maintained as a trail. This area was not really touched on in the write-up and this is high land off Indian River Road that is adjacent to and will with this dedication become a part of the West Neck Creek linier park and provides an exCellent opportunity to provide public access to the West Neck Creek Linier Park because this is outside of floodplain, outside of. wetlands and is at one point, earlier on in the process we had shown some lots in here. This, again, is a very good opportunity down the road to provide public access to the park and to the West Nezk Creek. West Neck Creek is not directly adjacent to it but all the City owned property of the park is. The application is for R-15 open space promotion. The open space promotion requires that we have Item # 19 West Neck Properties Page 2 15% of the properties open space. Developable portion of the property is open space. We have 55% of the developable portion of the property as dedicated open space so I think that 366% of the requirement certainly meets and exceeds the requirement. The proffers are very extensive but I won't go into them but they guarantee homes that are going to be $350,000 and above so it is clearly fiscal positive as far as what would be my perception of it. You have asked for conditional use - a variance I am sorry to the requirements for street width. We are proposing a 28 foot wide road versus 30 with swales versus curbs and gutters which again is consistent here with the intent here to minimize the size of the BMP and to have water infiltrate on the property as opposed to the channelized into a larger BMP which would involve clearing more trees and having less land available for enjoyable open space. But in reducing the size of the street by the two feet we have agreed to restrict parking to on-street parking to only one side of the road and we have added three car minimum parking spaces on each driveway proffer. We have also proffered that every house will have a minimum of a two car garage so that we are by those mechanisms, also, reducing the likelihood that there will be an issue of on street parking. We have provided right and left hand turn lanes that we will be constructing in West Neck Road which we have also provided dedicated right of way for West Neck Road and our understanding is that West Neck Road is going to be widened and made more safe and a CIP project that should be forth coming in the next few years. It is going to be widened as I understand it to four lane divided to the entrance north of here to the Signature of West Neck. At one point it was a discussion of it being four lane divided all the way down to Indian River Road and ! believe that that has gone away - certainly hope it is gone away. Doesn't seem to make a lot of sense for transitioning to the rural area south of the urban services down Indian River Road. We believe there is enough right of way to do whatever you want to do with enough land being provided but hopefully it will still remain a two lane road but with wider shoulders and a little bit safer conditions. Having said that the issues that the folks that are here - Stephen if you could go to the plan that shows the adjoining properties. There are three existing home sites that are located on the north side of Indian River Road and we, again, got the open space berm coming up to here. Behind here is also open space. This is all City owned open space. This first house here there is a public access easement - the trail that will be coming here - we got a connection coming through here and then we got concrete marks with stamped concrete coming across to the sidewalk so that the people in the neighborhood will be a full route around. We have agreed to put a fence up here and across the back of these two lots or we may, if everyone is in agreement - the property owners and the developer, we may wind up doing something more of a landscape treatment but for the time being everyone is happy with us putting up a privacy fence along the back of here and here. And that is to shield potential street lights coming in to the back of their property. The folks who live here, similar - we have offered to put a fence up along the boundary here where they adjoin this lot if they would like that. The other issue that we discussed is that they wanted to determine that they have access to City water and City sewer which we are providing to this community as part of this development and we, again, indicated that City water and City sewer will be available here if the property does adjoin the public right of way and we are also willing to provide it by an easement down this property line to this property so those amenities will be made available to those existing homes as a part of this development proposal. And as staff has said the proposal meets with the criteria and in the Item # 19 West Neck Properties Page 3 transition area and we certainly proffer a very high quality development and the only thing that I think you can compare it to in terms of comparable quality will be the Reserve at Great Neck which has some similarities in terms of all the open space preserved but it is far fewer homes. It is not nearly larger than the Reserve at Great Neck but it is similar quality community would be the result of what is on paper here today. Charlie Salle: Thank you. Do we have any questions? We didn't have anybody to sign up to speak at all so I guess if we allowed Eddie to speak we have got to allow everyone to speak. David Strueli: For the record I am David Strueli property owner at 2420 Indian River Road and I have a flooding problem there now and I am concerned about the flooding and the rain water problem that project might put onto my home. And I am the third one over, this one fight here. And that is my biggest concern right now. When we bought the house, also, we bought it for privacy because we thought that was all too wet back in there for them to even fill 'back in there but that is my only concern that I wanted to bring up to your attention. I am. concerned about the flooding that can happen. On five occasions at least in the three years we have been there it has come up within about 6 feet of our house and this is mainly in the back yard right here in this corner right here. It comes down the side yard and we have a problem right here. We have two big sewers right here that have open grates on the top of them fight next to Indian River Road. And when it rains hard, wherever that water is flowing, I guess it is going down here in the West Neck Creek whenever we have all these big storms last year, it wasn't flowing and it was flowing out the tops and fight down my side yard and into my back yard and it would build up to about a foot deep in my whole corner of my yard. Not for a long period but for about 5 or six hours it would stay a foot deep. My dog would run back there and it would be bouncing off of his belly so I know it was a good foot deep and so that is my concern. I know you all are going to be creating more drainage for this neighborhood but if it is not able to go where it is able to go then where is it going to go. Because right now we have those big drainage pipes that run across the front of our property but because it doesn't go where it is suppose to go it gets backed up and it comes out the tops of those grates and it floods my sidewalks. If it wasn't for it coming out of those grates, I don't think my side yard and my backyard would have flood. So, I have even put pavers over the top of those grates trying to keep the water down but when it comes up fast it spreads them and comes onto the sidewalks. That is my concern I wanted to get on record. Ronald Ripley: Have you investigated whether or not the pipes are clogged up or is it problem where the outfall is? David Strueli: My wife made some calls to the City but she didn't get anywhere and we didn't come down to get anything in writing which we need to do because it might be a problem just being clogged. Ronald Ripley: The City can run a camera through there if they so desire to do and they can see what is in there and what the problem is. Sometimes that is what the problem is. Just silt builds up in it and can't take it... Item # 19 West Neck Properties Page 4 David Strueli: I had City people out around the property and they saw the pavers over top of the sewers and confronted me with it and I told them of the problem and that I called the City but we didn't do anything formally and I thought they would report it too and maybe they have done something I don't know.. We need to check on it. We are very concerned. We are the lowest property out of the three in my whole front yard from the street from the upper left hand comer all the way back to the right hand rear comer we are sloped that way. So all the water runs towards my house and over to that comer. And this year I run my dump truck and deliver materials. I brought in about 8 loads of dirt in the back yard and my buddy graded it offto help raise up my grade in my backyard but like I said, the quantity of water that comes through there. It also crosses the road right over here it crosses the road at the Dolly Farm right in between my driveway, that is my driveway right there, right in between there and there it crosses the road. It is a big ditch across the street. It is across that road and there is a couple of heavy rains and it gets 20 foot section of the street. I was out watching it when it rained and it was flowing over the street and it gets 3 inches deep at a very high rate over into my side yard. That only happened one occasion out of all those rains we had where it crossed the street. Charlie Salle: Any other questions? Thank you very much. Eddie Bourdon: We are going to have him in contact with the engineers that will be doing the drainage for this project so we will be able to participate and see what is going to happen here. We think will certainly be neutral or positive. We are not going to be putting additional storm water onto his property which is in a low area. Be happy to answer any questions. Charlie Salle: Any questions? Any discussion, motions? John Baum: I move to approve. Charlie Salle: Motion by John Baum second by Cheryl Avery-Hargrove to approve the application. AYE 11 NAY0 ABS 0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE Item # 19 West Neck Properties Page 5 STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle" By a vote of 11 to 0 you have approved the application of West Neck Properties for a change of zoning from AG- 1 and AG-2 to R- 15 conditional use permit for open space promotion and a variance regarding street pavement width. PA GE 4 OF 4 Applicant's Name: DISCLOSURE STATEMENT West Neck Properties, Inc. a Virginia Corporation List Ail Current Property Owners: PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: necessary9 I (Attach list if If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization beloW: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list i. fnecessary) Robert D. Zirpoli~ President If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, finn, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurat~ o" Signature Print NaMe FORM NO. I='.S. lB City of Virginia Reach INTER-OFFICE 'CORRESPONDENCE In Reply Refer To Our File No. DF-5423 DATE: January 24, 2002 TO: FROM: Leslie L Lilley__. DEPT: B. Kay WilsonI~' DEPT: Conditional Zoning Application West Neck Properties, Inc. & M. Legare Snyder City Attorney City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 5, 2002. I have reviewed the subject proffer agreement, dated November 23, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel flee to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY: SY[I~$. I}OUI~DON. AIII;I~N & LDIY. P.C WEST NECK PROPERTIES, INC., a Virginia corporation M. LEGARE SNYDER f/k/a MYRTLE W. SNYDER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 23~d day of November, 2001, by and between WEST NECK PROPERTIES, INC., a Virginia corporation, Grantor, party of the first part; M. LEGARE SNYDER, 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) certain parcels of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 87.55 acres and described as "Parcel One" "Parcel Two", and Parcel "Three" in Exhibit "A' attached hereto and incorporated herein by this reference. Said parcels are hereinafter referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property 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 Classifications of the Property from AG-1 and AG-2 to Conditional R-15 Residential District with a Conditional Use Pei-mit for Open Space Promotion; and GPIN: 2403-21-0241 2403-21-1935 RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY: $Y[[$. I~OUR1)ON, ArlEEN & [~Y. P.C. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to peruxit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various tyPes of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-15 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 to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more PREPARED BY: §YffES. [10URDON.: AIIEtlN & LIVY. P.C. than sixty-six (66)'building lots substantially in conformance with the Exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR EAGLES NEST FOR WEST NECK PROPERTIES, INC. VIRGINIA BEACH, VIRGINIA", dated July 5, 2001 revised 11/18/01, 'prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the property is developed, approximately 46.74 acres of forested area and buffers along West Neck Road and Indian River Road lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to the Grantee as Public Open Space. An additional 10.75 acres of Open Space including an improved multi-purpose trail for use by the public shall be maintained by the Property Owners Association. 3. The entrance to the community and multi-purpose trail and the typical street section of future West Neck Road and the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on page 2 of the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. 4. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas easements, including the community owned open space and multi-purpose trail, the entrance signage and neighborhood park. 5. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent (75%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2800 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two {2) car garage and a driveway (including apron) with a minimum of four hundred ninety {490) square feet of hardened surface area. PREPARED BY: I$YI4[$. [IOUI~DON. A~ERN & LEVY. P.C. 6. When hhe Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practical and a tree preservation plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. 7. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place 'in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing sixty-five percent {65%) of the Property to open space preservation, via the dedication of forty-six and seventy-four one-hundredths {46.74) acres of the Property to Grantee as a part of West Neck Creek Linear Park, and ten and three quarter acres to the Property Owners Association as pe~,,xanent open space the Grantors agree to contribute the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00} per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next twenty {20} years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantors agree to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 8. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall PREPARED BY: I $Y[[$. t~Otlt~DON. I AII[I~N & L~Y. continue despite a' subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ff not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy pe~,its as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, PREPARED BY: SYKES. ItOUIIDON. AIIERN & LI2VY. P.C and they shall be r~corded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: ~YILE.fi. I~)1~1,~1)~ ~N. AIlI-.'i~N & LEVY. WITNESS th~ following signature and seal: GRANTOR: WEST NECK PROPERTIES, INC., a Virginia corporation Robert D. Zirpoli, STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 26th day of November, 2001, by Robert D. Zirpoli, President of West Neck Properties, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 2002 PREPARED BY: S'YE[S, AII~N & LD/Y. P.C. WITNESS the'following signature and seal: GRANTOR: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me November, 2001, M. Legare Snyder, Grantor. this~..~ day of My Commission Expires: PREPARED BY: I$Y[[$. I~0UI~DON. AIII;RN & LL-VY. P.C EXHIBIT "A" ALL THOSE certain pieces, parcels or tracts of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Borough of Princess Anne, City of Virginia Beach, Virginia, as shown on that certain plat entitled ~PLAT OF J.L. SIMMON'S LAND IN WEST NECK, PRINCESS ANNE COUNTY, VA., MADE AUGUST 3, 1911, BY JOSHUA G. MOORE, COUNTY SURVEYOR,' and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (foxxxxerly Princess Anne County), Virginia, in Map Book 6, at Page 3, and more particularly described as follows: PARCEL 1: Beginning at a post at the intersection of the West Neck Road and the Indian River Road (sometimes called Saw Dust Road) and running N. 9° 45' E. 1362.3 feet to a post, 8 feet South of Lead Ditch; thence S. 78° 50' E. 1361.25 feet to a post, 8 feet South of Lead Ditch; thence S. 38° E. 43.2 minutes (by plat 43.2 feet) post; S. 45° W. 138.6 feet pine stump; S. 53° 45' W., 182.8 feet pine stump; S. 1° 30' E., 102.3 feet maple; S. 1° E. 116.1 feet pine, a comer; thence N. 86° 45' E., 127.3 feet pine; S. 89° 15' E., 93.7 feet cypress; S. 88° 30' E., 219.7 feet beech; S. 33° 25' E., 121.5 feet gum; S. 38° 18' E. 82.75 feet oak; S. 15° 30' E. 55.66 feet pine; S. 29° 45' E. 91 feet pine; S. 17° E. 93.66 feet gum; S. 48° 15' E. 80 feet beech; S. 30° 51' E., 68.75 feet gum; S. 0° 55' E. 93.5 feet pine; S. 15° E. 76.5 feet maple; S. 13° 45' E. 97.1 feet gum; S. 38° 20' E, 65 feet gum; S. 37° 55' E. 99 feet gum; S. 52° 35' E. 52.75 feet cypress; S. 65° 26' E. 145.5 feet oak; N. 73° 35' E, 45.5 feet gum; S. 25° 9' W. 65.5 feet pine; S. 19° W., 62 feet post; S. 19° W. 9.5 feet beech; S. 11° 25' W. 58 feet pine; W. 9° 45' W. 103 feet pine; S. 8° 15' W. 70.5 feet beech; S. 9° 45' W. 43 feet gum; S. 11° 35' W. 54.6 feet maple; S. 11° W. 67 feet pine; S. 18° W. 99.5 feet pine; S. 17° 25'W. 104.5 feet gum, a comer; thence N. 71° 25' W. 154.16 feet gum; N. 67° 45' W. 149.3 feet gum; N. 57° 45' W. 327.9 feet pine; N. 57° 10' W. 283.5 feet pine; S. 75° 50' W. 80 feet post; N. 62° 15' W. 246.6 feet station on road; thence N. 65° 15' W. 1288.75 feet to post; the point of beginning, being "Plat A' and containing 72.32 acres. GPIN: 2403-21-1935 PARCEL 2: Beginning at a gum, at the Northeast corner of said tract and running thence N. 11° 15'E. 103. 6 feet ash; N. 11° 45'E. 117.4 feet gum; N. 15° 45'E. 110.2 feet gum; N. 6° E. 258.7 feet gum; N. 5° E. 145.8 feet gum; N. 12° 30' E. 128.7 feet gum; N. 19° E. 73.2 feet gum; N. 22° E. 250 feet beech; N. 23° 45.5 feet oak; S. 65° 25' E. 146.5 feet cypress; S. 52° 35' E. 52.75 feet gum; S. 37° 55' E. 99 feet gum; S. 38° 20' E. 65 feet gum; S. 13° 45' E. 97.1 feet maple; S. 15° E. 76.5 feet pine; S. 0° 55' E. feet gum; S. 30° 5' E. 68.75 feet beech; S. 48° 15' E. 80 feet gum; S. 17° E. 9 PREPARED BY: i.gYl~[.g. I~¢)III~I)~')N. AII[RN & LIVY. 93.66 feet pine; S. 29° 45' E. 91 feet pine; S. 15° 30' E. 55.56 feet oak; S. 38° 15' E. 82.75 feet gum; S. 33° 25' E. 121.5 feet beech; a comer; thence S. 57° 45' W. 201.3 feet maple; S. 55° 30' W. 153.7 feet holly; S. 77° 30' W. 69.3 feet cypress; S. 85° W. 61.3 feet gum; S. 80° 45'W. 57.4 feet gum; S. 80° 15'W. 141.2 feet gum; S. 80° 15' W. 141.2 feet to a gum and thence S. 72° 10' W'. 254.7 feet to the gum, the point of beginning, said tract being ~Plat B" and containing 17.45 acres. GPIN: 2403-21-1935 PARCEL 3: ALL that certain tract, piece and parcel of land containing 0.302 acre, lying, situate and being on the north side of Indian River Road in the Princess Anne Borough of the City of Virginia Beach, Virginia and designated as Parcel ~B' 0.302 acre on that certain plat entitled ~Survey of Property of George S. Dawley Estate, Princess Anne Borough, Virginia Beach, Va.", dated December 22, 1976 and made by Gallup Surveying, Ltd., duly of record in the Clerk's Office Circuit Court of the City of Virginia Beach, Virginia, in Map Book 126, at Page 35-A, reference to which plat is hereby made. SAVE AND EXCEPT that property conveyed to Lankford D. Malbone and Jeanette W. Malbone recorded in Deed Book 954, at Page 470. GPIN: 2403-21-0241 CONDREZN/WSTNKPRP/PROFFER5 10 Lo APPOINTMENT DEVELOPMENT AUTHORITY M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT