Loading...
HomeMy WebLinkAboutFEBRUARY 26, 2002 AGENDAFebruary 26, 2002 CITY ASSESSOR'S BRIEFING - Conference Room - 4:00 PM REAL ESTATE ASSESSMENTS - FY 2003 Jerald D. Banagan, Real Estate Assessor II. REVIEW OF AGENDA ITEMS II/. CITY COUNCIL COMMENTS INFORMAL SESSION - Conference Room - 5.00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION go FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Obemdorf 6:00 PM B. INVOCATION: Reverend J. D. Norris, Jr. Virginia Beach Freewill Baptist Church Co PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL & FORMAL SESSIONS February 12, 2002 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. ELECTION DISTRICT - Red Wing Precinct I. PROCLAMATION 1. VIRGINIA STATE PARKS DAY J. ORDINANCES/RESOLUTION Ordinance to AMEND and REORDAIN § 10-1 of the City Code to change the polling place for the Red Wing Precinct from the ~-,,,~ .,~.~m5 ~uii[et to the Seataek Elementary School at 912 South Birdneck Road. Ordinances re grants from the Virginia Department of Criminal Justice Services: a. ACCEPT and APPROPRIATE $78,442 under the Juvenile Accountability Incentive Block Grant program (JAIBG); TRANSFER $8,716 from the General Fund Reserve for Contingencies-Grant Match to the FY 2001-02 operating budgets of the Departments of Juvenile Probation and Parks and Recreation re continued education for juveniles under court supervision and an inter-agency information sharing program, (contingent upon the availability of the federal block grant); and, estimated revenue from the federal government be increased accordingly ACCEPT and APPROPRIATE $46,661 to the FY 2001-02 operating budget of the Police Department re dedicated domestic violence prevention; and, estimated revenue be increased accordingly Ordinance to APPROPRIATE $10,000 Fund Balance and $4,000 additional revenue from the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operating budget of the Department of Museums and Cultural Arts - Francis Land House re board sponsored events; and, estimated revenue from local sources be increased accordingly. Ordinance to TRANSFER $240,000 from the Sheriff's Correction Center sprinkler system to the Law Enforcement Training Academy, re the Police and Sheriff's accelerated construction schedule. Ordinance to TRANSFER $125,000 from various projects within the FY 2001-02 Capital Improvement Program to the Seatack Elementary School re funding for cioseont of the following projects: Kellam High School Auxiliary Gynmasium W. T. Cooke Elementary School ADA Modifications Renovations, replacements, re-roofing, indoor air quality and various site acquisitions Ordinances re temporary encroachments into the City's right-of-ways: go 60-foot drainage easement, known as Mill Pond, by PATRICK G. and ANNA L. ENSLEY, re constructing and maintaining a pier, mooring piles, and a boat ramp at 364 Back Bay Crescent. (PRINCESS ANNE - DISTRICT 7) bo Pump station site at 2677 West Neck Parkway by DAVID E. MILLER re constructing and maintaining a wood deck and hot tub at 3125 Amador Drive. (PRINCESS ANNE - DISTRICT 7) Co Kent Lane by CHARLES P. and JUANITA U. FLETCHER, re allowing existing split rail fencing, underground water sprinkling system and landscaping at 1200 Kent Lane (LYNNHAVEN - DISTRICT 5) do Utility and drainage easement within Lake Trashmore (approved by the City in 1981) and a portion of City-owned property by JANET L. ROWLANDS re maintaining an existing in-ground pool, related concrete pool deck and split rail fence at 4033 West Colonial Parkway (ROSE HALL - DISTRICT 3) Resolution re TIDEWATER REGIONAL GROUP HOME COMMISSION'S plan to apply for Juvenile Community Crime Control Act (VJCCCA) funding on a Commission- wide basis instead of an individual locality basis; and, directing the City Manager to participate in the development of this regional Plan with the Commission continuing as the fiscal agent for all operations of the Home. K. PLANNING ° MODIFICATION OF CONDITIONS TWO and THIRTEEN placed on the July 3,2001, approved .Conditional Use Permit for a mini-warehouse/self-storage in behalf of M & M CONTRACTORS, INC., on South Lynnhaven Road and Lee Highlands Boulevard (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL Application of R. MATTHEW McGEE for the discontinuance, closure and abandonment ofa 15-foot alley at 654 South Atlantic Avenue (Croatan Beach), containing 750 square feet. (BEACH - DISTRICT 6) Recommendation: APPROVAL Application of NEXTEL COMMUNICATIONS for a Conditional Use Permit for a wireless communications antenna on the property of DOMINION VIRGINIA POWER on the north side of Ansol Lane, west of Landmark Square, containing 994 square feet. (ROSE HALL - DISTRICT 3) Deferred: Recommendation: February 12, 2002 APPROVAL Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an automobile service station on the east side of First Colonia~ Road, north of Virginia Beach Boulevard, containing 41,817.6 square feet. (BEACH - DISTRICT 6) Recommendation: APPROVAL Application of BLUE HORSESHOE TATTOO TWO, LTD. for a Conditional Use Permit for a tattoo studio/body piercing facility at the northwest intersection of London Bridge Road and Bowland Parkway (513 London Bridge Road), containing 1.272 acres. (BEACH - DISTRICT 6) Recommendation: APPROVAL Applications for Conditional Use Permits at Central Drive and Quality Court (573 Central Drive): (BEACH - DISTRICT 6) ao VOICE STREAM WIRELESS for a monopole communication tower, containing 2,023 square feet of a 1.89 acre site b. JOSEPHINE PARKER for a bulk storage yard, containing 1.89 acres Recommendations: APPROVAL City Zoning Ordinance (CZO): Co AMEND § 203 re vehicular parking requirements in the B-3A Pembroke Central Business Core District Staff Recommendation: Planning Commission Recommendation: DEFER for further study APPROVAL AMEND § 902 re special setback requirements for certain lots within the B-3 Central Business District Recommendation: APPROVAL Refer AMENDMENTS of §§ 1502 and 1507, re maximum building height and hotel density in the RT-1 Resort Tourist District to the Planning Commission for consideration and recommendation. Recommendation: ADOPTION L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CWIL CASES RESOLVED - January 2002 N. ADJOURNMENT 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE City Manager's FY 2002-2003 Proposed Resource Management Plan Council Chamber March 26th Presentation 6 PM Council Workshop Economic Vitality, Safe Community, Policy and Decision Support Council Conference April 2nd room Council Workshop Quality Education for Lifetime Learning Council Conference April 9th room Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18th Plan School 7:00 PM Council Workshop Cultural & Recreational Opportunities, Family & Youth Council Conference April 23rd Opportunities room Council Workshop Reconciliation of outstanding resource issues Council Conference May 7th room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber May 7~ Plan 6 PM Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14th Resource Management Plan (will include Public Hearing) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 42%4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 02/22/02BAP AGENDA\02x26\02 www.virginia-beach.va.us PUBLIC HEARING 1. ELECTION DISTRICT - Red Wing Precinct THE BEACON THE BEACON FEBRUARY 10, 2002 FEBRUARY 17, 2002 PUBLIC HEARING ESTABUSHING A NEW POLUNG PLagE FOR THE RED WING PRECINCT CITY OF VIRGINIA BEACH The City Council of Virginia Beach, Vi~n~ at its formal session on February 26. 2002, at 6:00 P.M., will consider an onJinance to change the polling place for the Red Wing precinct. The ordinance proposes that the Red Wing precinct polling place be moved from the IRre Trainin~ Center at 927 $. BinJneck Road, which is nackRoad. Alter edoption by City Council, this change will become effective fol- lowing approval by the United States Depm'm3ent of JusUca. pursuant to the VoUng Rights Act of 1965, as amended. Desaiption and map of the ixoposed precinct, Ixecinct bounda~ and polling p~ace charge, as well as a copy of the aforc~said ordinance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach. Virginia, 23456. The public hearing will be conducted in the City Council Chamber of the Administration Building (Building #1) at the Municipal Center. If you are physically disabled or visually impaired and need assistance at this meeung, please call the CITY CLERK'S OFFICE at 427*4303; Hear- al~.paired, call: TI3{) only 427-4305 (TDD * Telephonic Device fo~ the Ruth l..Iod~e$ c~y c~erk Beacon February 10 and Februa~ 17, 200:2 PROCLAMATION 1. VIRGINIA STATE PARKS DAY Bqhereas: The mission of the Virginia ~gepartment of Conservation and Recreation is to conserve, protect, enhance, and advocate the wise use of the Commonwealth's unique natura6 historic, recreationa6 scenic and cultural resources; and Whereas: The Virginia State ParkSystem was recent~ bestowed the Hational Gold MedalAward for Bxcellence in Park and P4creation Management by the ~Mational Sporting Goods Association's Sports q;oundatiorg Inc., in cooperation with the Hational P4creation and Park,~ssociatiorg. and Whereas: Virginicg only the thirdstate to receive this most prestigious biennialaward for outstanding parb~ recreation and leisure sewices to citizens, emerged as the GrandWinner basedupon improvement, service, continuing development, future planning, participant involvement, and community acceptance; and Whereas: 9Tailedas the Best in A mericag the Virginia State Parbff system features t~uo beautiful locations in the City of Virginia Beac.h, including q:irst Landing State Park and its Chesapeake Bay Center, and Galse Cape State Parl~ Ho~v, Therefore, I, Meyera B. Oberndo~ Mayor of the City of Virginia Beach, Virginia, do hereby ~roclaim: q:ebruary 26, 2002 0 State Par Day In Virginia Beach, and I callupon all citizens to recognize the excellence of Virginia's 34 outstanding state parks, and acknowledge the contributions they make to our quality of of Virginia Beach, Virginia, Thousand Two. In Pliitness Whereof, I have hereunto set my handandcausedthe OfficialSealof the City to be affixed this Twenty-sixth day of Gebruary, Two Meyera B. Oberndo9c Mayor J. ORDINANCES/RESOLUTION o Ordinance to AMEND and REORDAIN § 10-1 of the City Code to change the polling place for the Red Wing Precinct from the '"-' ...... at 912 South Birdneck Road. ,'-, ,. -...,.,,.~ ,..,.,,L~: to the Seatack Elementary School Ordinances re grants fi-om the Virginia Department of Criminal Justice Services: ACCEPT and APPROPRIATE $78,442 under the Juvenile Accountability Incentive Block Grant program (JAIBG); TRANSFER $8,716 from the General Fund Reserve for Contingencies-Grant Match to the FY 2001-02 operating budgets of the Departments of Juvenile Probation and Parks and Recreation re continued education for juveniles under court supervision and an inter-agency information sharing program, (contingent upon the availability of the federal block grant); and, estimated revenue fi'om the federal government be increased accordingly ACCEPT and APPROPRIATE $46,661 to the FY 2001-02 operating budget of the Police Department re dedicated domestic violence prevention; and, estimated revenue be increased accordingly Ordinance to APPROPRIATE $10,000 Fund Balance and $4,000 additional revenue from the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operating budget of the Department of Museums and Cultural Arts - Francis Land House re board sponsored events; and, estimated revenue from local sources be increased accordingly. Ordinance to TRANSFER $240,000 from the Sheriff's Correction Center sprinkler system to the Law Enforcement Training Academy, re the Police and Sheriff's accelerated construction schedule. Ordinance to TRANSFER $125,000 from various projects within the FY 2001-02 Capital Improvement Program to the Seatack Elementary School re funding for closeout of the following projects: Kellam High School Auxiliary Gymnasium W. T. Cooke Elementary School ADA Modifications Renovations, replacements, re-roofing, indoor air quality and various site acquisitions o Ordinances re temporary encroachments into the City's right-of-ways: 60-foot drainage easement, known as Mill Pond, by PATRICK G. and ANNA L. ENSLEY, re constructing and maintaining a pier, mooring piles, and a boat ramp at 364 Back Bay Crescent. (PRINCESS ANNE - DISTRICT 7) bo Pump station site at 2677 West Neck Parkway by DAVID E. MILLER re constructing and maintaining a wood deck and hot tub at 3125 Amador Drive. (PRINCESS ANNE - DISTRICT 7) Kent Lane by CHARLES P. and JUANITA U. FLETCHER, re allowing existing split rail fencing, underground water sprinkling system and landscaping at 1200 Kent Lane (LYNN-HAVEN - DISTRICT 5) d. Utility and drainage easement within Lake Trashmore (approved by the City in 1981) " and a portion of City-owned property by JANET L. ROWLANDS re maintaining an ~ existing in-ground pool, related concrete pool deck and split rail fence at 4033 West [[ Colonial earkw?y Resolution re TIDEWATER REGIONAL GROUP HOME COMMISSION'S plan to apply for Juvenile Community Crime Control Act (VJCCCA) funding on a Commission- wide basis instead of an individual locality basis; and, directing the City Manager to participate in the development of this regional Plan with the Commission continuing as the fiscal agent for all operations of the Home. CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code by Moving The Red Wing Precinct Polling Location MEETING DATE: February 26, 2002 Background: The Virginia Beach Electoral Board voted on February 5, 2002 to move the polling location for the Red Wing precinct because of construction at the Fire Training Center, the current facility. Considerations: Red Wing Precinct is currently located at the Fire Training Center at 927 S. Birdneck Road. The facility is undergoing construction, which makes it unable to accommodate voters. The polling location will be moved to Seatack Elementary School located at 912 S. Birdneck Road until afterthe November 2003 election. This location meets requirements of the Americans with Disabilities Act and is across the street from the current location. This change will become effective upon approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended. Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of this proposed change was published in the newspaper once a week for two consecutive weeks. Voters of the Red Wing precinct will receive new voter cards with the name and addresses of the new polling location. An advertisement will be placed in the newspaper prior to the next election to remind voters, and a press release will also be prepared to alert voters. Budgetary Impact: The cost for the notification of citizens will be $840.00 and funds are available in FY 2001-2002 budget. Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Marlene Claya Hager, Voter Registrar City Mana¢ n~NONCODE\Redwing arf AN ORDINANCE TO AMEND AND REORDAIN CITY CODE ~ 10-1 BY MOVING THE POLLING PLACE FOR THE RED WING PRECINCT 5 6 7 8 9 11 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 34 SECTION AMENDED: ~ 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Courthouse Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Heritage United Methodist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Center for Effective Learning Brandon Middle School Brookwood Elementary School Holy Spirit Catholic Church Research and Enlightenment Building (Edgar Cayce Library) P.A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Courthouse Fire Station 35 / 38 39 40 41 42 43 45 -~6 47 48 49 50 51 52 53 54 55 $ 57 58 59 60 61 62 63 64 66 Creeds Culver Dahlia Davis Corner Eastern Shore Edinburgh Fairfield Foxfire Glenwood Great Neck Green Run Hilltop Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Creeds Fire Station Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Fairfield Elementary School Princess Anne Middle School Glenwood Elementary School Ail Saints Episcopal Church Green Run Elementary School Good Shepherd Lutheran Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community-Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Windsor Woods Elementary School First Baptist Church of Virginia Beach Ocean Lakes Elementary School Bayside Christian Church Scott Memorial United Methodist Church Old Donation Center for Gifted 67 71 72 73 74 75 76 77 ~8 79 81 82 83 84 85 86 87 88 89 3 91 92 93 94 95 96 97 98 Pembroke Plaza Point O'View Providence Red Wing Rosemont Forest Roundhill Rudee Salem Seatack Shannon Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Thalia Thoroughgood Timberlake Trantwood Village Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter Precinct Pembroke Elementary School Lynnhaven Elementary School Kempsville Church of Christ Kempsvilie Recreation Center '~== ~==~ Centez Seatack Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Salem United Methodist Church Seatack Community Recreation Center Church of the Ascension Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church St. John the Apostle Catholic Church Contemporary Art Center of Virginia Providence Elementary School Strawbridge Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Avalon Church of Christ Agriculture/Voter Registrar Building 99 100 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. ORD-8387 DATA/ORDIN/PROPOSED/10-1.ord.wpd Ri February 6, 2002 APPROVED AS TO CONTENTS: Voter Registrar ~ APPROVED AS TO LEGAL SUFFICIENCY: City Attor~' s O~f~ice CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Acceptance and Appropriation of a $78,442 Juvenile Accountability Incentive Block Grant from the Department of Criminal Justice Services MEETING DATE: February 26, 2002 Backgrou nd: The City of Virginia Beach has been awarded a $78,442 grant in federal funds under the Juvenile Accountability Incentive Block Grant Program (JAIBG) from the State Department of Criminal Justice Services. The grant requires a local match of $8,716. Of the total amount of $87,158, $39,221 will fund the continuation of the education program for the juveniles under the supervision of the Juvenile Court for which JAIBG funds were used during the 1999, 2000 and 2001 grant periods and $47,937 will fund the continuation and expansion of an interagency information sharing program in the Youth Opportunities Office. The previous grant, awarded for calendar year 2001, continued to fund the existing educational program that enables juveniles before the Juvenile Court, not currently attending school, to complete their high school education. This Novel Leaming Lab opened to students in July 2000, and is a joint effort with the Virginia Beach Public Schools. Specifically, this year's grant will be used to fund the salary of the teacher assigned to this program. The computer generated educational program operates at the Central Academy on Witchduck Rd. Additionally, the Virginia Beach Public Schools uses other sources of funding to extend the program to serve other students who are no longer permitted to attend public school. Sixty nine juveniles who are under the supervision of the Court Service Unit have participated in the program during the past year. The school has other juveniles referred by principals from other schools also attending this program. The program can accommodate up to 50 students. The previous grant (2001) also funded the first phase of establishing an interagency information sharing system to assist juvenile justice, schools and social services agencies in making-informed decisions regarding the early identification, control, supervision and treatment of juveniles who repeatedly commit serious criminal acts. Working with ComIT, a consultant is analyzing our system and determining the software needs. A part time staff person is collecting and organizing data to be placed in the system. This year's grant will provide funding to the Youth Opportunities Office working in collaboration with ComlT, to purchase software to operate the system and provide staff to expand and maintain it. The site will include: · a data base of and links to available resources for the targeted population · promising approaches-what works for the targeted population/what is working in Virginia Beach, highlights of success stories and lessons learned · the latest research on identification, risk assessment and treatment · questions and responses: via e-mail, professionals can post non-confidential questions and receive responses from other professionals · community data on juvenile crimes and arrests · multi-agency release of information form · training and funding opportunities Recommended Action: Approval of Ordinance Submitting Department/Ag Department of Juvenile Probation City )~ ,DataVkTY~Ordin\NONCODE\JAIBGa ff. wpd The system will be maintained on the City's INTRANET and the Youth Opportunities Office web site. The system will encourage the creation of a continuous/seamless system versus duplication of services to the youth population. Considerations: The Virginia Beach Public Schools will continue to supervise the education program. Participation in the program is voluntary and not court ordered, with juveniles referred by Virginia Beach school principals and Probation/Parole Officers from the Court Service Unit. Grant funds will provide for a teacher to supervise and assist the students during the hours the educational center is open. The Youth Opportunities Office, in collaboration with ComlT will supervise the continued development and maintenance of the information sharing system. Grant funds will be used to hire personnel to further develop and maintain the system. The establishment of the information sharing program aligns with the outcomes for the Youth Opportunities Office: to be a clearing house for information pertaining to youth. It also aligns with goals #1 and #2 and the related strategies in the Youth Plan: #1-to inform the Community, including service providers, about issues related to youth through increased public awareness and education about what youth need to be healthy and successful. #2-to create a coordinated system of support for the youth and their families by improving coordination and collaboration and reducing problem behavior. This grant is comprised of $78,442 of federal funding, and requires a local match of $8,716 which is 10% of the total grant of $87,158. Of the total grant, $39,221 is to be appropriated the Department of Juvenile Probation's FY2001-02 operating budget, and $47,937 is to be appropriated in the Department of Parks and Recreation/Youth Opportunities Office FY 2001-02 operating budget. The Department of Juvenile Probation cannot absorb the cost of the local match in its FY 2001-02 operating budget. The funds are available in the General Fund Reserve for Contingencies to fund the local match. If the grant funds are eliminated or reduced below the amount necessary to fully fund this program, then the program will be reduced and/or eliminated accordingly. Alternatives: There are no alternative sources of funding available to provide these services. Attachments: Juvenile Accountability Incentive Block Grant Statement of Award/Acceptance Ordinance 2 1 4 5 6 7 8 9 10 11 12 14 16 17 18 19 2O 21 22 23 24 5 26 27 28 29 3O 31 32 33 34 ~5 36 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $78,442 GRANT FROM THE STATE AND TO TRANSFER $8,716 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2001-02 OPERATING BUDGETS OF THE DEPARTMENT OF JUVENILE PROBATION AND THE DEPARTMENT OF PARKS AND RECREATION TO FUND AN EDUCATION PROGRAM FOR JUVENILES UNDER COURT SUPERVISION AND AN INTER-AGENCY INFORMATION SHARING PROGRAM WHEREAS, under the Juvenile Accountability Incentive Block Grant Program, the City of Virginia Beach has been awarded a $78,442 grant in federal funds from the Virginia Department of Criminal Justice Services, and the terms of the grant requires the City to provide a 10% grant match for the period covered by the grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $78,442 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated as follows: a. $30,505 is hereby appropriated to the FY 2001-02 Operating Budget of the Department of Juvenile Probation to continue funding an education program for juveniles under the supervision of the Juvenile Court. b. $47,937 is hereby appropriated to the FY 2001-02 Operating Budget of the Department of Parks and Recreation's Youth Opportunities Office to establish and maintain an interagency information sharing program for juveniles. 2. That $8,716 is hereby transferred from the General Fund Reserve for Contingencies - Grant Match to the FY 2001-02 Operating Budget of the Department of Juvenile Probation as the local match for the grant. 3. That funding for these programs is contingent upon the availability of the federal block grant, and if federal funding is reduced or eliminated, then these programs may be reduced or eliminated accordingly. 37 38 4. That estimated revenue from the federal government is hereby increased by $78,442. 39 4O Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 41 42 43 44 CA-8389 ORDIN\NONCODE\JAIBDord.wpd R1 February 11, 2002 45 46 48 ~9 APPROVED AS TO CONTENT: Management Services / APPROVED AS TO LEGAL SUFFICIENCY: ~ity Attorne~ ~ 2 Department of Criminal Justice Services 805 East Broad Street, 10th Floor, Richmond, VA 23219 Juvenile Accountability Incentive Block Grant Statement of Award/Acceptance Date: December 6, 2001 Grant Period: Subgrantee: Va Beach City Grant No: 02-D3218JB01 January 1, 2002 - December 31, 2002 .__~._~ect Director .-..._~._ProjLect Administrator._._.___ .-.------ Finance Officer Mr. Bruce Bright Mr. James K. Spore Ms. Patricia K. Phillips Project Director City Manager Director of Finance Court Services Unit City of Virginia Beach City of Virginia Beach 2305 Judicial Boulevard 2401 Courthouse Boulevard Municipal Center Building 10-A City Hall 2nd Floor Building 1 Virginia Beach, Virginia 23456 Virginia Beach, Virginia 23456 Virginia Beach, Virginia 23456 i~°hone No: (757) 427-4361 Phone No: (757) 426-4242 Phone No: (757) 427-4681 ~'~ This grant is subject to all rules, regulations, and special conditions included in this award. Director Please complete this form by indicating below your planned expenditures for each Purpose Area. See attached instructions for completing the award acceptance. Enter the amount of this grant, including matching funds, you plan to spend in each category below. The total entered must equal the total awarded in this grant, including match. Please round to the nearest dollar.. Purpose Areas(see enclosed information for detailed explanationsj 1. Building, expanding, renovating or operating detention facilities; training of correctional $ 2. Accountability-based sanctions $ g juvenile judges, probation officers, court-appointed defenders; pre-trial services $ Hiring additional prosecutors $ 5. Enable prosecutors to address gangs, drugs & youth violence more effectively $ 6. Technology, equipment & training to assist prosecutors $ 7. Holding juvenile offenders accountable and reducing recidivism $ 8. Court-based programs targeting firearms offenders Amount ~. Drug court programs for juveniles 10. Interagency information sharing 11. Accountability-based programs 12. Drug testing for juveniles ___._____ Administration ~ be no more than 10% oftota~ TOTAL $ $ $ $ $ $ $ The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of ,20 Signature of Program Administrator: Title: Mr. James K. Spore City Manager CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager V-STOP Continuation Grant Application - Police Department MEETING DATE: February 26, 2002 Background: In an award letter dated December 28, 2001, the Virginia Beach Police Department was awarded $46,661 in federal pass-through funds by the Virginia Department of Criminal Justice Services. This grant will continue funding the salary and benefits of one police detective for twelve months (January I - December 31, 2002) to provide enhanced services relative to the department's domestic violence unit. Some supplies and office equipment are also funded through a City in-kind match of $15,554 that already exists in the Police Department's operating budget. Considerations: The goal of this project is to continue an alliance between the business community, police and Samaritan House Battered Women's program to educate and respond to the issue of domestic violence in the community; promote understanding of the procedures, laws, and resources pertaining to domestic abuse; and enhance the identification and prosecution of repeat domestic violence offenders. The detective will work as a full time member of the domestic violence unit assisting in the investigation of domestic violence cases. The Virginia Beach Police Department Domestic Violence Unit continues to be recognized as a leader and model program throughout the state. This grant will provide continued service to victims of abuse who reside in, work in, or visit Virginia Beach. A 25% cash or in-kind match, in the amount of $15,554,-is required for acceptance of the federal funds. The in-kind match exists in the Police Department's operating budget. Alternatives: Without this grant, the Police Department would have to either eliminate this position in the Domestic Violence Unit, reallocate current resources to accommodate this position, or request additional City funds for this position. Recommendations: It is recommended that the council accept the grant award of $46,661 and appropriate the funds to the Police Department's FY 2001-02 Operating Budget. Attachments: Grant Award Letter Ordinance Recommended Action: Accept Grant Submitting Department/Agency: Police Department City Manager: ~~-,,~ 1/....' F,A~ata~A TY~Ordin~NONCODEI V-S TOP Agenda. w pd 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $46,661 FEDERAL GRANT FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE POLICE DEPARTMENT'S FY 2001-02 OPERATING BUDGET TO CONTINUE FUNDING DOMESTIC VIOLENCE PREVENTION EFFORTS WHEREAS, the City of Virginia Beach has been awarded $46,661 in federal funds from the Virginia Department of-Criminal Justice Services to continue domestic violence prevention efforts, and the funding for in-kind match required by the grant exists in the Police Department's operating budget. 15 16 17 18 19 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a $46,661 federal grant is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated ~to the Police Department's FY 2001-02 Operating Budget to pay for the salary and benefits of a dedicated domestic violence police detective, and estimated revenue in the FY 2001-02 Operating Budget is increased accordingly. 22 Adopted the__day of__ City of Virginia Beach, Virginia. , 2002, by the Council of the CA-8405 Ordin~Noncode~V-Stop Grant.ord RS February 13, 2002 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~ty Attorney' s ~fice ~/ Joseph B. Benecletti Director COMMONWEALTH of VIRGINIA Department of Criminal Justice Services 805 East Broad Street, Tenth Floor Richmond, Virginia 23219 (804) 788-4000 FAX (804) 371-8981 TDD (804) 386-8732 Mr. James K. Spore City Manager City of Virginia Beach City Hall Building, Room 23 Virginia Beach, Virginia 23456 Title: Va. Beach Alliance to End Partner Violence December 17, 2001 Dear Mr. Spore: I am pleased to advise you that grant number 02-G9222VA01 for the above-referenced grant program has been approved in the amount of $46,661 in Federal Funds and ~ in Local Cash Match for a total award of 5 flS,5 q' Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require .action on your part before we will disburse grant funds. When we receive documentation showing that you have complied with the conditions, you will be eligible to request funds awarded under this grant. A REQUEST FOR I~U'NDS form is also included with this letter and should be used for this purpose. You may request funds at the same time you submit the documentation of compliance with the grant conditions or at any time thereafter. However, we cannot process your request until we have received and approved all required information. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Deborah Downing at,(804) 371-8635. Yours very truly, ~bOl~) ~,5- 3qO0 Enclosures CC: A.M. Jacocks, Chief of Police Ms. Patricia K. Phillips, Director of Finance Deborah Downing, DCJS Criminal Justice Service Board · Committee on Training · Juvenile Justice and Delinquency Prevention Advisory Committee Advisory Committee to Court Appointed SpeCial Advocate and Children's Justice Act Programs Private Security Services Advisory Board · Criminal Justice Info~mation Systems Commiltee CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: MEETING DATE: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Appropriate $10,000 From The Francis Land House Board of Trustees Trust Fund Balance and $4,000 of Additional Revenue to the Operating Budget of the Department of Museums and Cultural Arts Francis Land House for Expenses Associated With Board Sponsored Events February 26, 2002 Background: The Francis Land House Board of Governors is a City Council appointed body that advises the Francis Land ~----House staff on mission, goals, policy, programs and exhibits. The Board of Governors also supports the programs, exhibits and activities of the institution through solicitations of cash donations from corporations, civic organizations and individuals, which are maintained by the City of Virginia Beach in the Francis Land House Board of Governors Trust Fund. Considerations: The Francis Land House Board of Governors requests an appropriation of$10,000 from the Trust Fund and $4,000 of additional revenue for FY2001/2002 for the purpose of providing support for programs and events, funding educational school outreach programs, general operating expenses, and purchasing of furnishings and equipment. Appropriated funds will be specifically used for supplies, materials and manpower for Board events and House programs that require Board support. Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of City Council agenda and public hearings. Alternatives: Not appropriating the money and not funding the current needs. Recommendations: Adopt attached ordinance Attachments: Ordinance Recommended Action: Adopt the Attached Ordinance Submitting Depar~nt/Agenc39:.Museums and City Manager: I, ~.c~ ]~~//~_._ Cultural Activities F:~DataLATYSOrdinX2qONCODE~FrancisLandarf. wpd 1 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $10,000 FUND BALANCE AND $4,000 OF ADDITIONAL REVENUE FROM THE FRANCIS LAND HOUSE BOARD OF TRUSTEES TRUST FUND TO THE FY 2001-02 OPEP~ATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS - FRANCIS LAND HOUSE FOR EXPENSES ASSOCIATED WITH BOARD SPONSORED EVENTS 9 10 11 ~1.2 13 ~.-14 15 16 17 18 19 20 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $10,000 of fund balance is hereby appropriated from the Francis Land House Board of Trustees Trust Fund to the FY 2001- 02 operating budget of the Department of Museums and Cultural Arts - Francis Land House to fund expenses of board sponsored events. 2. That $4,000 of unanticipated additional revenue received from donations and activities is hereby appropriated from the Francis Land House Board of Trustees Trust Fund to the FY 2001-02 operating budget of the Department of Museums and Cultural Arts - Francis Land House to fund expenses of board sponsored events. 3. That estimated revenue from local sources is increased by $4,000 in the FY 2001-02 operating budget. 22 Accepted by the Council of the City of Virginia Virginia on the day of , 2002. Beach, CA-8403 ordin/noncode / Franci sLandord, wpd R-3 February 19, 2002 Approved as to Content: Manag~me~ Ser'~ices Approved as to Legal LL~a3' 5e-p a~m~n t CITY OF VIRGINIA BEA CH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Appropriations Transfer for Capital Project #3-027, Law Enforcement Training Academy MEETING DATE: February 26, 2002 Background: Capital Project #3-027, Law Enforcement Training Academy, was established for the purpose of efficiently increasing the training opportunities for members of the Police Department and Sheriff's Office. The total cost of the project is $2,294,912 of which $318,812 is scheduled to be appropriated in FY 2003. Currently, the construction schedule of this project is ahead of the appropriation schedule in the Capital Improvement Program. To allow the Law Enforcement Training Academy to proceed at its current schedule, it is requested that $240,000 of the funding in Capital Project #3-403, Correction Center Sprinkler System, be transferred to the Law Enforcement Training Academy. The funding will be returned to Project #3-403 in FY 2003 through a reprogramming of the appropriations originally intended for Law Enforcement Training Academy in the Adopted Capital Improvement Program. This request will not impact the work to be performed in Project #3-403. Considerations: Since the intent of this request is to accelerate the funding for the Law Enforcement Training Academy and does not change the total funding for work anticipated in Capital Project #3-403, Correction Center Sprinkler System, this change will not have any impact on the Capital Improvement Program or other efforts of the government. Public Information: Public notice will be accomplished by the publication of the City Council's Agenda in the newspaper. Recommendations: Approve the attached ordinance transferring appropriations to Capital Project # 3-027, Law Enforcement Training Academy, from Capital Project # 3-403, Correction Center Sprinkler System. Attachments. Appropriation Transfer Ordinance IRecommended Action: Approval of Ordinance Submitting De.p. artment/Ag~ncy: Sheriff Paul Lanteigne City Manager~, ~,..~ F:~DataLATY~Ordi n~NONCODE~cip3.027arf.w pd 2 3 5 AN ORDINANCE TO TRANSFER $240,000 FROM CAPITAL PROJECT %3-403, CORRECTION CENTER SPRINKLER SYSTEM, TO CAPITAL PROJECT #3-027, LAW ENFORCEMENT TRAINING ACADEMY, TO ADVANCE FUNDS DUE TO AN ACCELERATED CONSTRUCTION SCHEDULE 6 7 8 2 13 14 15 16 17 18 WHEREAS, due to an accelerated construction schedule for Capital Project #3-027, necessary to advance construction costs. Law Enforcement Training Academy, it is $240,000 to the project to pay for NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $240,000 is hereby transferred from Capital Project #3-403, Correction Center Sprinkler System, to Capital Project #3- 027, Law Enforcement Training Academy, to advance funds due to an accelerated construction schedule. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8406 Ordin/Noncode / cip 3- 027 ord. wpd R-1 February 13, 2002 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Law Departmen~ CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Seatack Elementary School CIP Project - Transfer of $125,000 MEETING DATE: February 26, 2002 Background: The School Board adopted the attached resolution on February 5, 2002. Funding totaling $125,000 is required to cover retainage, change orders, and other related closing-out costs for CIP Project #1-198, Seatack Elementary School. Various CIP projects which are completed or have available unencumbered balances will provide the resources for this transfer. Considerations: The proposed transfer is required to facilitate the close-out of the Seatack Elementary School project. Funding has been identified from the following projects: 1. CIP Project #1-002 2. CIP Project #1-006 3. CIP Project #1-062 4. CIP Project #1-063 5. ClP Project #1-083 6. CIP Project #1-202 Kellam High School Auxiliary Gym, $31,997. Various Schools Site Acquisition-Phase 1, $25,000. ADA Modifications, $25,000. Indoor Air Quality Improvements, $6,459. Renovations and Replacements- Reroofing, $25,000. W.T. Cooke Elementary School, $11,544. Attachments: Ordinance School Board Resolution dated February 5, 2002 Recommended Action: Approve Transfer Submitting Department/Agency: Virginia Beach City Public Schools ,---...., ~ .. Dr. Timothy R. Jenney, Superintendent F~-~ata~A TY~Ordin~N~)NCODE~seatackarL wpd 1 2 3 6 AN ORDINANCE TO TRANSFER $125,000 FROM VARIOUS PROJECTS WITHIN THE FY 2001-02 CAPITAL IMPROVEMENT PROGRAM TO CIP PROJECT #1-198, SEATACK ELEMENTARY SCHOOL, TO PROVIDE FUNDING FOR PROJECT CLOSEOUT 8 9 10 11 12 ~3 14 16 17 18 19 20 21 22 23 24 ~.5 26 27 28 WHEREAS, the School Board has requested the City Council that available balances from various CIP projects that are either completed or have unencumbered balances be transferred to CIP Project #1-198, Seatack Elementary School, to closeout the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $125,000 is hereby transferred, from the following CIP Projects and in the amounts as set forth below, to Capital Project #1-198, Seatack Elementary School, to closeout this project: 1. $31,997 from Capital Project #1-002, Kellam High School Auxiliary Gym; 2. $25,000 from Capital Project # 1-006, Various Schools Site Acquisition-Phase 1; 3.$25,000 from Capital Project %1-062, ADA Modifications; 4. $6,459 from Capital Project #1-063, Indoor Air Quality Improvements; 5. $25,000 from Capital Project %1-083, Renovations and Replacements-Reroofing; and 6. $11,544 from Capital Project #1-202, W.T. Cooke Elementary School. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 29 30 31 32 33 34 35 36 ~-a7 CA-8408 ORDINkNONCODEkSeatack Project Closeout.ord February 15, 2002 R2 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Att6rney s ©ffick6Z IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chairman 1513 Beachview O~ve VA Bea~, VA 23464 495-3551 (h} · 717-0259 (cell) Ndl I_ Rose Vice Chain~an 1337 Hams Road VA Beach. VA 23452 463-3~3 (h) · 497-6633 (w} D. A. 'Al" Ablowich 4176 Chary Neck Road VA Bead1, VA 23457 721-~52 ~h) Jane $. Brooks Di~ 6- Beach 721 H~ VA Beach. VA 23454 N4mqr D. Guy Disl~l 5- L~mntmven 2445 H~r~harn Close VA Belch, VA 23454 49~-22c31 (h} ois~c~4.~ 4611' P~d Co~t Road VA 8e~ VA 23455 4g0-~81 (h) H. L# PowMI, Jr. VABIIch. VA 23456 42T-gl12 (h} VA Be-ch, VA 23462 4gO~16Z (h) Oisldcl 3 o RA~I H41~ VABelch. VA ~3452 498-43~3 ~h) · 44.~041'1 (w} ~lnt IA. Tm Di~tcL 2- Ke~ VA Belch, VA 2346~ 49~-24g0 Arlhur T. 1709 ~ kle~ VA Beac~ VA 23455 4~o-54Sl (hi SUPERINTENDENT v& Be~Kh. VA 2345~ 427.4326 RESOLUTION AUTHORIZING SCHOOL ADMINISTRATION TO CLOSE OUT SEATACK AND NEW CASTLE ELEMENTARY SCHOOL PROJECTS WITH SHIRLEY CONSTRUCTION CORPORATION RESOLVED: Based on the reconunendation of staff, the School Board approves closeout of the Seatack and New Castle Elementary Scho°is"constmction projects with Shirley Construction Corporation to cover retainage, change orders, delay, and accrued interest for $1.3 million, contingent upon approval by City Council of the proposed transfer of $125,000 into CIP 1-198 Seatack Elementary School from the following CIP projects which are either closed out or have available unencumbered balances: · CIP 1-002 Kellam High School Auxiliary Gym · CIP 1-006 Various Schools Site Acquisition · CIP 1-062 ADA Modifications · CIP 1-063 IAQ Improvements · CIP 1-083 Renovations & Replacements - Reroofing · CIP 1-202 W. T. Cooke Elementary School and be it further $31,997 $25,00O $25,000 '$ 6,459 $25,000 $11,544 RESOLVED: That a copy of this resolution be delivered promptly to the City Council, City Manager, and City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 5th day of February 2002. SEAL Attest Diannc P. Alexander Clerk of thc Board Daniel D. Edwards Chairman 2512 George Mason Drive · P.O. Box 6038 · Virginia Beach, VA 23456-0038 CERTIFI AND CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request for Patrick G. Ensley and Anna L. Ensley at 364 Back Bay Crescent 1VIEETING DATE: February 26, 2002 Background: Patrick G. and Anna L. Ensley have requested permission to encroach into the City's 60' drainage easement over a canal/waterway known as Mill Pond in the Sandbridge neighborhood for the purpose of constructing and maintaining a pier, some mooring piles, and a boat ramp. The proposed bulkhead is not included in this encroachment request since it is to be constructed entirely within the boundaries of their property. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. There are other similar type improvements that encroach into this canal/waterway known as Mill Pond. 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 Recommended Action: Approve request and authorize City M~. a~g~o,4si~n agreement. Submitting Department/agency: Public Works/Real Estate~ ~~ City Manager L ~ 2 3 4 5 6 7 8 9 10 ~2 13 -4 15 16 17 18 19 2O 21 22 23 ~4 25 26 27 28 29 30 31 32 33 34 ~5 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S SIXTY FOOT (60') DRAINAGE EASEMENT BY PATRICK G. ENSLEY AND ANNA L. ENSLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, PATRICK G. ENSLEY and ANNA L. ENSLEY desire to construct and maintain a pier, mooring piles, and a boat ramp within the City's 60' drainage easement known as Mill Pond, which is located in the Sandbridge neighborhood. 2009 and authorize easements prescribe. WHEREAS, City Council is authorized pursuant to §§ 15.2- 15.2-2107, Code of Virginia, 1950, as amended, to temporary encroachments within the City's existing subject to such terms and conditions as Council may 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, PATRICK G. ENSLEY and ANNA L. ENSLEY,-their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a pier, mooring piles, and a boat ramp in the City's 60' drainage easement as shown on that certain plat entitled: "BULKHEAD, RIPRAP, FILL, PIER IN: NORTH BAY AT: 364 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 APPLICATION BY: PATRICK G. ENSLEY SHEET 1 OF 7 DATE: DECEMBER 12, 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 PATRICK G. ENSLEY and ANNA L. ENSLEY (the "Agreement"), which is attached hereto and incorporated by reference; and 36 37 ~'~ 8 39 40 41 42 43 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 PATRICK G. ENSLEY and ANNA L. ENSLEY 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. 44 45 46 7 CA#- TKENN\ENC1{OACH\ENSLEY. O1{D I{-1 PREPARED: 1/17/02 SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND/,F~M CITY A'n'ORNb"Y 2 Al BAr LOCATION MAP SCALE: 1" = 1,600' LOCATION SE SEw / / / FOR LOCATION MAP ENCROACHMENT FOR PATRICK AND ANNA ENSLEY AT 364 BACK BAY CRESCENT PRINCESS ANNE DISTRICT 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 ~day of ~~. , 20__0~, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City,,, Grantor, and PATRICK G. ENSLEY and ANNA L. ENSLEY, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLW., the "Grantee', (even if more than one). WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot 57, Section 3, Back Bay Meadows, Princess Anne District, and being further designated and described as 364 Back Bay Crescent, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a pier, mooring piles and a boat ramp, 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 60' City drainage easement over a canal/waterway known as Mill Pond, as shown in M.B. 67, pg. 45, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 2433-23-$113 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: "BULKHEAD, RIPRAP, FILL, PIER IN: NORTH BAY AT: 364 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 APPLICATION BY: PATRICK G. ENSLEY SHEET 1 OF 7 DATE: DECEMBER 12, 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 such 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 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 such 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 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, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with the engineer's cost estimate. 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 obtain a permit from Waterfront Operations of the Planning Department before commencing work within the City's easement. 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 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 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, 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, PATRICK G. ENSLEY and ANNA L. ~ ENSLEY, his wife, the said Grantee has caused this Agreement to be 4 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 (SEAL) ATTEST: By _ City Manager/Authorized Designee of the City Manager City Clerk Patrick G. Ensle~ a L. Ensley/// (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: this The foregoing instrument was acknowledged before me day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. ~i My Commission Expires: 5 Notary Public 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. Notary Public My Commission Expires: , to-wit: The foregoing instrument was acknowledged before me this ] ~D~ day of --~-9--~'~o~ , 20 o~ PATRICK G. ENSLEY and ANNA L. ENSLEY, his wife. by My Commission Expires: Notary-Public jPROVED AS. TO CONTEN'I' Dc. PAI~TMENT 6 LOT 56 FREDERICK p. AND VICKI JENKINS 24-3.3-23-3075 MILL POND ii ,~<.' ~ il; DEC I 3 zOO1 ~e~n' ~ ........ ~' '-C~ OF ~ ~ ~RGINIA ~%~ ~ BEACH ~ MB 67 ~ ~ ~ PG. 45 41' LOT 57 PATRICK G. AND ANNA L. ENSLEY Hue 2¢33-2~-5113 ~' BOAT 0 Z BACK BAY CRESCENT (SO' R/W) LOT 58 / HARRY C AND SHARON K. 'W~.AID-IER.SF...,~.L.'.' :- *t~-'~ ,~.~ G~C PURPOSE: EROSION CONTROL DATUM:NVGD MSL 0.00' ADJACENT PROPERTY OWNERS 1. FREDERICK p. ac VICKI JENKINS 2. HARRY C. AND SHARON K. WEATHERS PATRICK G. ENSLEY 364. BACK BAY CRESCENT VIRGINIA BEACH, VA 2.34.56 PHONE/FAX: (757)4.26-24.8( CELLULAR: (757)617-1585 BULKHEAD, RIPRAP, FILL, PIER IN: NORTH BAY AT: 36~? BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 APPUCATION BY: PATRICK G. ENSLEY SHEET 1 OF 7" DATE: DECEMBER 12, 2001 354 Back Bay Crescent s property Applicant's property showing adjacent property Adjacent property CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Encroachment Request for David E. Miller at 3125 Amador Drive MEETING DATE: February 26, 2002 Background: Mr. Miller wishes to encroach onto City property, i.e., a pump station site directly behind his property at 3125 Amador Dr. in Courthouse Estates in order to maintain an existing wood deck and hot tub. The wood deck encroaches across his rear property line onto the pump station site approximately two (2) feet. Said pump station is located at 2677 West Neck Parkway. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. 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 Recommended Action: Approve request and authorize City Man~n agreement. Submitting Department/Agency: Public Works/Real Estate, City Manage~.~ ~,_, ~y~ ~ff,)~ 1 2 3 4 5 6 7 8 9 11 12 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 ~4 35 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF A CITY PUMP STATION SITE BY DAVID E. MILLER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, DAVID E. MILLER desires to construct and maintain a wood deck and hot tub into the City's ~ump station site located at 2677 West Neck Parkway. 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 right-of-way or 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, DAVID E. MILLER, his heirs, assigns and successors in title, is authorized to construct and maintain a temporary encroachment for a wood deck and hot tub into a portion of the City's property as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 27 SUBDIVISION OF PARCEL 2A COURTHOUSE ESTATES, PHASE 2, SECTION H-2 3125AMADOR DRIVE VIRGINIA BEACH, VIRGINIA FOR DAVID E. MILLER", 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 DAVID E. MILLER (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 36 37 39 in effect until such time as DAVID E. MILLER 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. 40 41 42 43 CA#- TKENN\ENCROACH\MILLER,ORD R-1 PREPARED: 1/17/02 APPR~ED AS TO CONTENTS ~ SIGNA~U~{E DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY 2 SITE LOCATION MAP SCALJ~: 1" --' 1,600' LOCATION MAP FOR ENCROACHMENT REQUEST ,¢¢\ ~ F O R ~//-< ¢~ ~~ ~DAVID E. MILLER AT 312 5 AMADOR DRIVE SCALE: 1" -- 100' AGENDA TIM K~NNEDY. DGN PREPARED BY P/W ENG. DRAFT. JAN. g,, 2002 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 /F day of ~~ , 200! , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of.the Commonwealth of Virginia, the "City", Grantor, and DAVID E. MILLER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). WITNES SETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 27, Subdivision of Parcel 2A, Courthouse Estates, Phase 2, Section H- 2 (M.B. 244, Pg. 24), and being further designated and described as 3125 Amador Drive, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain an existing wood deck and hot tub, 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 an existing City property, i.e., a pump station site located at 2677 West Neck Parkway, which is directly behind the Grantee's property, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 1493-26-6921 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: "PHYSICAL SURVEY OF LOT 27 SUBDIVISION OF PARCEL 2A COURTHOUSE ESTATES, PHASE 2, SECTION H-2 3125AMADOR DRIVE VIRGINIA BEACH, VIRGINIA FOR DAVID E. MILLER,, 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 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 the 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, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with the engineer's cost estimate. 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 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 Temporary Encroachment must conform to the minimum setback requirements as established by the City. 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, 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 everyday 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, DAVID E. MILLER, the said Grantee has caused this Agreement to be executed by his 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. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager David E. Mil~e-r' (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 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. Notary Public My Commission Expires: STATE OF ~ CITY/COUNTY , to-wit: this The foregoing instrument was day of ~eC~C~ acknowledged before me , 20 O~ , David E. Miller. by My Commission Expires: VED AS TO CONTENT. DEPArTMenT 6 VE HERE~YJDECLARE THAT ON M&Y 03. ZOO1 VE SURVEYED THE PROPERTY SHOWN HEREON. THAT THE TITLE lINES AND THE VALLS DF TH~ SU1LD[NG¢S) ARE AS SHOWN. THAT THE BUILDING(S) STAND STRICKL¥ VtTHIN THE ~TLE LINES AND ~H~R~ AR~ ~0 £#~ROA~E~T~ DF OTHER gUiLD,NOS ON THE PROPERTY EXCEPT AS SNOVN, AND ! IAT THE PRiNCiPLE STRUCTURES SHOVN APPEAR TO FALL Vt?H1N ZONE X · AS SHO~N ON ~HE FEDERA~ EHERDENC ~ANAOEHENT AGENCY, FLOOD iNSURANCE RATE HAP FOR THE CITY STATED BELOV, COI~IUN~TY NO. 51~&~l DATED IO.~-TO ,UJD LAST REYISED ~Z. 5-q& ENGINEER[ Hi3 SERV ~ CES, ti3 (~;o') Iq(~ ~111 r 11~' FOIl& .:*/AS Rfi!:-JISI.I.[G T~ ;1[; :;111{¥[5. :q.,~ ~l ,.n,t'I ED hi,-' '" E~(ICCU.i~. ? , 1~; :.l'; PH¥S! C.A_L OF LOT Z'/ ~UBDIVISIOllt OF P&RCgL COURTHOUSE. E.STATE. S, PHASE. Z,SF..F..TIOI¢ H-~. · 31Z6 AMADDR I~RIVF. FOR. Z~AV113 ,E.. ~~ ~',A~' I I H V[RG]N[A 23452 (8043 4Sa-6800 3125 Amador Drive '~& Encroaching deck area CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Encroachment Request - Spit rail fencing, underground water sprinkling system, and landscaping in the City Right-of Way known as Kent Lane. Applicant - Dr. Charles P. Fletcher and Juanita U. Fletcher, husband/wife MEETING DATE: February 26, 2002 Background: Dr. and Mrs. Fletcher have requested permission to keep an existing encroachment of split rail fencing, underground water sprinkling system, and landscaping in a city right-of-way at the front entrance of 1200 Kent Lane. The split rail fencing and landscaping have been in place for 35 ½ years and the underground sprinkling system has been in place for 5 years. These encroachments have not been authorized by the City of Virginia Beach. Due to a citizen complaint, the Fletchers' are now making application to allow these encroachments to remain. Considerations: There is opposition to this encroachment by the adjacent property owners. This opposition appears to stem from a difference in viewpoint between the two neighbors on a number of issues, most of which are unrelated to this request. Prior to receipt of the encroachment application Public Works/Real Estate attempted to mediate between the Fletcher's and the adjacent property owner on several occasions without success. When the encroachment application was received Public Works/Real Estate again tried to negotiate a settlement with the neighbors who submitted the complaint but was unsuccessful. City staff has reviewed the request for the existing encroachment and has recommended approval, subject to certain conditions outlined in the agreement. Additionally, the Landscape Services Div.ision supports this request. They indicate "Thesite is well maintained and does not appear to be causing any physical problems. It is an enhancement to the neighborhood." There are encroachments of a similar nature in Linkhorn Shores subdivision which is where the Fletcher's property is located. Public Information: Advertisement of City Council Agenda. The Public Works/Real Estate Office will notify the opposition of the date and time of the City Council meeting. Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. Recommendations: Approve the request subject to the terms and conditions of the agreement. Attachments: Ordinance, Location Map, Agreement, Plat, and photographs Recommended Action: Approve the encroachment,_~_~ ~ [_ Submitting Department/Agency: Public Works City Manager: ¢, ~0~ 1 2 3 4 5 6 7 8 9 10 12 14 15 16 17 18 19 2O 21 22 24 25 26 27 28 29 3O 31 32 ,-33 34 35 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF KENTLANE BY CHARLES P. FLETCHER ANDJUANITA U. FLETCHER, T~EIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Charles P. Fletcher and Juanita U. Fletcher, desire to construct and maintain split rail fencing, underground water sprinkling system, and landscaping into the City's rights- of-way located at 1200 Kent Lane. 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 Charles P. Fletcher and Juanita U. Fletcher their heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for a split rail fencing, underground water sprinkling system, and landscaping in the City's right-of-way as shown on the map entitled: "ENCROAC~rMENT REQUESTED BY DR. CHARLES P. AND J~ANITA U. FLETCHER INTO CITY RIGHT-OF-WAY AT 1200 KENT LANE," 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 Charles P. Fletcher and Juanita U. Fletcher, (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. 36 37 39 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Charles P. Fletcher and Juanita U. Fletcher 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. 42 43 44 45 CA- ~ gsalmons/f 1 etcher/ord. R-1 PREPARED: 01.16.02 .,,ROVEDS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEC-AL SUFFICIENCY ~ORM · ~--To /,,fY//Dom Rd. LOCATION MAP SCALE: 1" = 1,600' / ?/ // /I / /,/ LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY DR. CHARLES P. AND JUANITA U. FLETCHER INTO CITY RIGHT-OF-WAY AT 1200 KENT LANE SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 05-DEC-2001 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this I day of d{/t6/O.,ItO~ ,200_~_, by and between the CITY OF VIRGINIA BEACH, vIRGINIA, a municipal corporation, Grantor, "City", and CHARLES P. FLETCHER AND JUANITA U. FLETCHER, 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 "# 1200 SITE -30 (1.7 ACRES)" as shown on "EXHIBIT "A" SHOWING # 1200 KENT LANE, SITE-30 FOR CHARLES P. FLETCHER & JUANITA U. FLETCHER, VIRGINIA BEACH, VA., DECEMBER 28, 2001, SCALE: 1"=30', JN: 201- 2338"on file with the Office of Real Estate, Department of Public Works, City of Virginia Beach and being further designated and described as 1200 Kent Lane, Virginia Beach, Virginia 23454; and That, WHEREAS, it is proposed by the Grantee to construct and maintain split rail fencing, underground water sprinkling system, and landscaping, "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 that portion of an existing City right of way known as GPIN 2408-97-2588-0000 Kent Lane "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 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 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: "EXHIBIT "A" SHOWING # 1200 KENT LANE SITE-30 FOR CHARLES P. FLETCHER & JUANITA U. FLETCHER VIRGINIA BEACH, VA. DECEMBER 28, 2001 SCALE: 1 "=30' JN:201-2338," 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% 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 the 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 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 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 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 thereaf[er, 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 P. Fletcher and Juanita U. Fletcher, the said Grantee has caused this Agreement to be executed by their signature and seal duly afl.med. 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. 4 CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk Jdanita U. Fletcher 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. My Commission Expires: Notary Public 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 CITY/COUNTY OF, I~ · ,t,.~c2r~ ~.(~ , to-wit: The foregoing instrument was acknowledged before me this __ 20DT'C~y Charles P. Fletcher l ~--~k~day of My Commission Expires: Notary Public 6 STATE O CITY/COUN'~Y OF3~X~k.. ~ZfteJk._ , to-wit: The foregoing instrument was acknowledged before me this ,,~0dx. ,20~y Juanita U. Fletcher. day of,. My Commission Expires: Notary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVBD AS TO CONTBNT ~TY REAL ESTATE AGENT 7 / 1200 SIT£-50 VA POWER POLE SITE-29 CITY WA TER POWER POLE REIWAINDER OF SITE-S1 POLE wi GU~ WIRE 48" SPLIT RAIL FENCE -- /NS/DE/B. SHRUB · 3' SHRUB 30" OAK 'SHRUB 'SHRUB WATER SPRINKLER 48" SPLIT RAIL STONE PLANTER N HOL~ SPRINKLER OF ASPHALT ~11 II ,30 0 30 I I I I I GRAPHIC W.P. LARGE, Inc. ENGINEEP, XNG * SI/EVEYING · PLANNING LANDSCAPE ARCH1TECTIIRE WILLIAM R. PRITCHARD NO. 002266 6O I SCALE 90 Feet I REV. DECEMBER 28, 2001 F.B./PG.: 764./2~-27 CHARLES EXHIBIT "A" SHOWING 1200 KENT LANE SITE--30 FOR P. FLETCHER & JUANITA U. VIRGINIA BEACH, VA. FLETCHER DECEMBER 28, 2001 SCALE: 1"=30' JN: 201-2338 1200 Kent Lane Encroachment Request 1200 Kent Lane entrance with encroachment 1200 Kent Lane encroachment (North side) t~Ol 1200 Kent Lane Encroachment Request 1200 and 1201 Kent Lane with similar encroachments Other Kent Lane encroachments CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request - 4033 W. Colonial Parkway for Janet L. Rowlands Existing In-Ground Pool, Concrete Pool Deck and Split Rail Fence MEETING DATE: February 26, 2002 Background: In October of 1981, Janet L. Rowlands (the property owner) received approval by the City to encroach into a portion of the 100' drainage easement within Lake Trashmore (City Property) adjacent to the subject site with a bulkhead and pier (raf. D.B. 2179, Pg.0811 attached). In September of 1990, a permit was issued to Ms. Rowlands for the installation of an in-ground pool with related concrete pool deck and split rail fencing. Said improvements encroach into a portion of the 5' utility and drainage easement which crosses the rear portion of the subject property and encroach into a portion of the City property (Lake Trashmore) adjacent to the subject site. However, no encroachment or vadance to the setback requirements was ever applied for or approved for these improvements. Considerations: Ms. Rowlands is currently in the process of selling the subject property and has a contract for the sale. One of the conditions of the sale is the approval, by the City, of the existing improvements that encroach into the City's easement and on City property. The encroachments in question do not extend beyond those previously approved by the City in 1981 and, therefore, City staff recommend approval of this encroachment request subject to the terms and conditions of the Agreement (copy attached) to be signed by Ms. Rowlands and the City and recorded in the Clerk's Office. The Department of Planning/Zoning Enforcement has stated that a Variance to the rear yard setback requirements must also be applied for by the owner and approved by the City. This condition is also included as a part of the Ordinance (copy attached). The copy of the plat (physical survey) submitted by Ms. Rowlands with her application indicates that a portion of the area being encroached upon is owned by the 'Commonwealth of Virginia/Department of Transportation'. However, Mr. P. Dennis Gdbok, Resident Engineer (VDOT/Chesapeake Office) has researched this matter and provided a written statement (attached) stating that the area in question does not belong to the Commonwealth of Virginia but, instead, belongs to the City of Virginia Beach. Therefore, the area of encroachment on "City" property is being described herein as being a part of Lake Trashmore. Public Information: Advertisement of City Council Agenda. Alternatives: Deny the application. Require the applicant to request that the triangular shaped piece of City owned property be declared as ~excess' and purchase same from the City. Recommendations: Since an encroachment had previously been approved by the City in 1981 and the current request does not extend beyond that previously approved area, approval of the Ordinance is recommended. Authorize the City Manager or his designee to sign the Encroachment Agreement. Attachments: Ordinance Location Map Plat Agreement- D.B. 2179, Pg.0811 Agreement VDOT Letter Recommended Action: Approval ~' ~ Submitting Department/Agency: Public Works/Real Estate , 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A CITY 5' UTILITY AND DRAINAGE EASEMENT AND A PORTION OF CITY PROPERTY BY JANET L. ROWLANDS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Janet L. Rowlands, desires to maintain an existing in-ground pool, related concrete pool deck and split rail fence located within a portion of the City's 5' utility and drainage easement which crosses the rear portion of her property located at 4033 W. Colonial Parkway, Virginia Beach, Virginia 23452-2215 and also located within a portion of the City property adjacent to her property. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as mended, to authorize a temporary encroachments upon the City's rights-of-way, easements and properties 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 Vffginia, 1950, as amended Janet L. Rowlands, her heirs, assigns and successors in title is authorized to maintain a temporary encroachment for an existing in-ground pool, related concrete pool deck and split rail fence located within the City's 5' utility and drainage easement which crosses the rear port/on of her property located at 4033 W. Colonial Parkway, Virginia Beach, VirQnia 23452-2215 and also located within a portion of the City property adjacent to her property herein described as shown on the map entitled: "PHYSICAL SURVEY OF LOT 11, BLOCK 1, SUBDMSION OF WINDSOR WOODS, SECTION EIGHT-PART TWO · VIRGINIA BEACH, VIRGINIA · FOR - MELODY A. 3O 32 33 34 3S 37 39 42 43 44 45 LUBICH," 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 Vffginia Beach and Janet L. Rowlands, (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 in effect until such time as Janet L. Rowlands and the City Manager or his authorized designee execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Janet L. Rowlands has applied for a Variance to the rear yard setback requirements and received approval by the Board of Zoning Appeals. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ,2002. 46 CA- PREPARED: 01/07/02 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY CITY ATTi~RNE~ 2 LOCATION MAP SCALE: 1" -- 1,600' LAKE TRASHMORE , FOR JANET L. ROWLANDS eeo LOCATION MAP FOR EXISTING ENCROACHMENTS INTO 5'UTILITY AND DRAINAGE EASEMENT AND CITY PROPERTY SCALE: 1" -- 100' Z... CAHOON AGENDA. DGN /MJ.S. PREPARED BY PAN ENG. DRAFT. JAN. 2, 2002 THIS IS TO CERTIFY THAT I ON JUNE 79, 2007 ~ SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. SIGNED .. ARTHUR L. ROOD No. 1543 0~- 6' WOOD ?HAL IA NAIL SET /2 ~15 7'23 ' / 0" ~1 2G. /2' ZONE Al SHED NOTE.. A 5 FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED,) ALONG AND ADJACENT TO ALI. SIDE AND REAR LINES OF AlL LOTS WITHIN THIS SUBDIVISION HAS BEEN DEDICATED TO THE CITY OF VIRGINIA BEACH, VA. FOR THE INSTALLATION AND/OR MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIE,~ ' IN-GROUND POOL ZONE "X SHADED" // 74.2' , 19.8' 20.5' ?0 LOT /4 x ! STY. BR. 8r FR. %4035 ZONE "X" P/N S57'23'10"E FOUND 44.3' ZONE "X SHADED" WEST CO10NIA (50' BLOCK ~ ~ CONE PIN ~ , ZONE "Aj~'~ .... FOUND -~- z 4G. G4 ' R-.- 75~ 00' L =25. 02' ?AHKWA Y PHYSICAL SURVEY OF SUBDIVISION 0f- WINDSOR WOODS, VIRGINIA BEACH, VIRGINIA FOR tdEL OD Y A. L UBICH T) THIS SURVEY WAS PERFORM£D WITHOUT TIlE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY /' ALL EAS£MEHTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. 2) LEE S. ROOD, P.C IS NOT A PAR~ IN DETERMINING REQUIREM~N~ FOR ~L~D [NSUR~C~ ON THE qOP~RTY SHOWN HI~ SURVEY DO~S NOT IMPLY THAT THIS PROPER~ WI~ OR WI~ NOT B~ SUBJECT TO FLDODIN~ FOR FUrTHeR INFDRMATIO~ CONTACT THE ~OCAL 3) ~Z~VATIONS S~WN HEREON R~F~R TO N.~ KD. STORM DRAIN PIPE AL ONO ~ PIN FOUND SECTION EIGHT-PART TWO LEE S. ROOD, P.C. L~d S~zrve~/ors 5737 BARTEE STREET NORFOLK, VIRGINIA 23502 Ph. (757) 466-1111 NOTE.: AS SHOWN ON THE FLOOD INSURANCE RATE MAP, THIS PROPERTY APPEARS TO FALL IN .. FLOOD ZONE (S) AE & X SHADED & X COMMUNITY NO. 515531 PANEL NO.., 29E DATED.._. ~2/5/96_ BASE FLOOD ELEVATION _- ~. 0 55, 695-01 8X.Z I'lqP 08 I J~L-28.0! 1~81 by and between the CITY OF VZ~ZNIA B~ACB, VIRGINIA, ~ ~W ! T N E .S, S E'T ~ ~=operty. louat~ ab 4033 W. ~O~onlal Pmrkwmy ~n ~he City of Virginia ~each~ a~ e~ pier, it iS necessary that the Said Pa~t¥ of the aeoor~ .~_a..r__t - ._[ - ~. ' an~ sa~ Party of .the se~on~ pa=t ~as requ~s=~ that the f~==~ Par~ grant a l~nse to enc=~h tb f~=~l~tate ~aeement. /' ' ~Ea~RE, for an~ &a c~nsidarat~on of the premises second Par2 and ~o= the ffU~ther con~deration of One DOllar ($I.00), Iff hand pm~d, to the said party of ~he {{cst part, parc doth grant to the parb~ of the aecc~ pa~ a license to use m portion of bhe Cityfs drainage easement for ~e Purpose erecting an~ ma~n=ain~n~ a.u:h'hulkhe~, a~ pier. It ia e~pr~aaly ~ecs~ood ~nd agreed that .such .temporary encroachment viii ~ erected a maintained iff · cc~rgan=e with ~he City of Virginia ~ac~ Public WOrks ~Partment's Specificatio~s a~ approval aG bo ~ area o~ en~oachmemt in~= a ~rtlom of ube City,~ drainage easement as ehown on T~sH~o~.,, dated auoU~t 1, 198!, a of which is abtached'hereto a,d by ' JUL-2B-O! 4:5_~pM; It Is Qxpressly undetstoc~ ad a~eea that the license unless terminac~ in the ~aAner provided bF ~h~8 agreement. Zicense'herein a~thcrize~ shall terminate u~n noti~e b~ ~e C~ty o~ v~rglhia ~ach to the part~ off the eec~ ~ithin nlnety (90~ ~aTs aEker eu~ notice temporar~ encroachme~t shall be removed emsemen~' ~ ~he pa~t7 off the se~nd part. ~eir ngenbs or cOSts and ex~nse8 o~ ~uch re.vel. ~t ~ ~u~her exPressly.~ersto~ eno a~reed ~at the City of V~rg~nta ~ach, its agents ahd e~ployeel, from and aqai~s= all claims, damapes, losses and ex~nses reasonable a~orney,s fees tn case it shall or d~fen~ an action ar/ein~ out of the /oration or ex~stence of such Cometary encroachment.. nothing herein contained shall be construed to enlarge such permission ar~ authority to permit the'mpkntenance or ~on~truct~on of any encroachment 9ther than that specified herein and. ko the !!m!tefl extent specified'herein, nor to per~lt'th~ · ainte~ance and con,true, ion ol any encroachment 5y, anyone other than t~e parry o~ the second par~. ~t ~a further ezpres'sly unde=skood a~d ~greed ~ha: the party o~ the firs2 Part~ upon revocation of such authority and' Permiss~on so 9ranted, may remeve any such encroachment and charge the case thereof to the party of the seeor~ part, and collect :he"coat ~ any ~aaaeT ~:ovided b~ law for hhe cOl2ect~$nI o~ local or state taxes: may require the party of the second.pert! ~o reeove such ?empor~ry encroachment; and Pend~nC ~uch re-oval, nnc=oached upon the equivaleat of what would be ghe real property ,. k&,x upon the land. Ao o a e owned bit the ~ty o~ ., ~uch ~moval ~h&ll no~ be ~ade ~th~n ~he *Cime o=~e=ed.hereLfla~ve ~ ~hLs A~Feom~t, ~he City shall ~m~se a Penalty t~ ~he a~ of Ohm flUnd~ed D~l~a~ ~$100.00) per d~-~o~ e~c~ ~nd eve=~ day ~h~c ~c~ enc=oac~eaL ~s t~o~ ~o c~n~nue ~he~ea~e~ ~ e~ co~ec~ ~uch ~nsa~on and Pen~ee ~a any manne= Provided by law f0~ ~e ~llac~ion o~ locaZ o= ~ta~e hexes. above ~t~t h. year~ STATE OF VrRG'INZA CiTY OF VIRGINIA fl~-ACfl, to-wit: Clerk, for the CZ~ 'OF'ViRGINIA SEACK, whoee names a~ Such are ~for~ me i~ my Cftc. a~ s~a~e .afOresaid. .. . '.. ~, ~ kaV~" a c~.g~v~~ ~ ~__E~_ ~~ esa~d ~ day of ~, ~/Y Coamiasion P-xpLres:~ 'PubZic In and ~or the City and state a[oceeaid, do heteby certl£y 2hat 3R~ET RDNTdAND~,' ~hose ~ ~a a~ned ~o the ~oze~o£r~j ~gceement~ ha8 ackno~edge.d ~e sa~e be:Dee ae ~n ~ C~ty and ~ace a~oresaid; 1981, 10/Z9/81 CITY ~TTOR.'~:¥ PREPARED BY VIRGINIA BEACH CITY AITORNEY~S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(aX3) AND 58.1-81 l(cX4) RE~VIBURSEMENT .. AUTHORI7.ED UNDER SECTION 25-249 THIS AGREEMENT, made this / / r~ day of ,I,)~'r.e'-,q$e-~ , 20 D I , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and IANET L. ROWLANDS, single, HER HEI1L$, ASSIGNS AND SUCCESSORS IN TITLE, ..WITNE S SETH: That, WHE~AS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 11, Block 1, Subdivision of Windsor Woods, Section 8, part 2" and being further designated and described as 4033 W. Colonial Parkway, Virginia Beach, V'trginia 23452-2215; and That, WHEREAS, it is proposed by the Grantee to maintain an existing in-ground pool, related concrete pool deck and split rail fence, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's 5' utility and drainage easement which crosses the rear portion of the Grantee's property and to encroach into a portion of the City property adjacent to the Grantee's property, "The Temporary Encroachment Area"; and the Grantee has requested that the City allow the Temporary Encroachment to remain within The Encroachment Area. GPIN 1487-00-8463 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 maintaining the Temporary 'Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "PHYSICAL SURVEY OF LOT-11, BLOCK 1, SUBDIVISION OF WINDSOR WOODS, SECTION EIGHT-PART TWO VIRGINIA BEACH, VIRGINIA. FOR- MELODY A. LUBICH," 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 case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 h 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 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 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 Temporary Encroachment must conform to the minimum setbacks 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 Pub'lie 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 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 hereinabove by this Agreement, the City may impose a penalty in the sum of One Hun&ed 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. 1N WITNESS WHEREOF, JANET L. ROWLANDS, the said Grantee has caused this Agreement to be executed by her 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 VIRG~A BEACH (SEAL) i ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk 4 (~EAL),.,. AN-ET L. ROWLANDs 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. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BEACH. The foregoing instrument was acknowledged before me this day of ~ 20 _~ by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: 5 Notary Public STATE OF ,- Of ~ ,4~&,r,!~ CITY/COUNTY OF C~1 ~r.,/~ t rz.~ _, to-wit: .,' /~0,~' / ":~ The foregoing ~stmment was ac~owledged before me t~s , i ,t_.2 ,,', c.,~O) 20 ~7,/ by J~I L. RO~~s. Notary Public -7- My Commission Expires: ~ 6.~f ~// APPROVED AS TO APPROVED AS TO CONTENT (l~f_rY REAL ESTATE ~,~JENT day of 6 .L SIGNED : ,J~LTH ARTHUR L ROOD ldo. L~O zC:~ L~J r-~ __~ NAIL o ~ SET ~z~ / ~ ~' ~OOO FENCE 0<~ ..... o~ ~ ~ FOUND z WEST LOT //, THIS 15 TO CERTIFY THAT I ON JUNE 1.9, XOOl SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHERBUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. NOTE' A S FOOT EASEMENT (UNLESS CREATER WIDTM /S ND/ED) NONO AND A~IACZnT' 70 ALL 51DF AND REAR LINE:: Of All LOTS WITHIN THIS SUBDIVISION HA: CI~ OF VIRGINIA BEACM VA, FOR THE INGTALLATION 4ND/OR MAINTENANCE OF UTILITIES AND DRAINAGE f~C:L:MiS ~ 7HALIA CREEK EXTE: - /Z ~' BLOCK PIN W5 7'23 ' I O " W 26. 12' ZONE "AE" IN-GROUND POOL R. qlL N57'23 7 0"1~ 29. B4', PIN lg. 8' 14.2' ZONE "X SHADED" X ?0 20.5' THIS SURVEY WAS PERFORM£D WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY f ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWI~. LEE S ROOD, P,C. I$ NOT A PARTY IN DETERMINING THE REOUIREMENTS FOR FLOOD INSURANC~ ON THE PROPERTY SHOWN H~REO~ THIS 5URVEY DO~S NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING. FOR FURTHER INFORMATIO~ CONTACT THE LOCAL COMMUNITy FLOOD OFFICIAL. ELSVATIONS SHOWN HEREON REFER TO OF ~929. I STY BR. & FN /4o5~ ZONE "X" ZONE "X SHADED" PiN ~ ZONE "A~~ .... FOUNO --~ z 46. 64' R~150. O0 L--25. 02' PARKWAY S$7'25'10"E CO1 ON/AL (50' R/~,) PHYSICAL SURVEY OF SUBDIVISION OF WINDSOR WOOD~ VIRGINIA BEACH, VIRGINIA FOR MELODY A. L UBICH STORM DRAIN AL ONG ~ PIN FO L /ND - - _ _ '\ £ECTION EIGHT-PART TWO LEE S. ROOD, L~d Szzr~eyors P.C, 5737 BARTEE STREET NORFOLK, VIRGINIA 23502 Ph. (757) 466-1111 NOTE.. AS SHOWN ON THE FLOOD INSURANCE RATE MAP, THIS PROPERTY APPEARS TO FALL IN .' rzooo ZONE. (S) 4E__~ X SHADED COMMUNITY NO. 5 PANEZ No. _29E_ 55, GSS-O/ - - ' ' OHA~LE8 D. NOT~N~AM COMMONWEALTH o[ VIRGINIA DEPAR1MENI' OF TI:IANSPORTA'I'ION P. O. BOX 10~6 CHESAPF. AKE, VA 2~e?-1306 P. DENIS IIIRI~:)Ii PP.. RESIDENT ENGU~..~R October 11, 2001 Mz. $anet RowNnds 4033 West Colonial Parkway Virginia 13~h, V'u'~a 23452 Dear Ms. Rowl~md*: I hay= eomplct~l a search oonce~ing tho prop~,y not~xi as belonging ~o the Virginia Departmmt Of Highways on th= atta=hed property plat prepared by Leo $. Rood, P.C., Land Surveyors, dated D~ce. mber 5, 1996. My scarab in=ludcd th~ land records of Be Cities of Virginia Beach and Norfolk. Eveo, thirtg that was found indicated ih= subject property is owned by thc City ok'Virginia Beach. I found no r=fercnce to this property being proffered to the Department for future public right of way, ii'in fact, that is what the ori~n~l~ owners had intended. ther~otz recommend that yo= approach fi= City of ¥ir~,~ia Beaah ~o obt=!,~ parmission uso th~ property. Ifqaesfions aris=, please contact me~ Sincerely, L '" Re..vident Mr. Donald Benn/s Mr. William David Timbe~lak¢ 4033 W. Colonial Parkway Pool apd Fence looking West Pool and Fence looking South CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Resolution to Comply with the Provisions of the Virginia Juvenile Community Crime Control Act MEETING DATE: February 26, 2002 Background: The Tidewater Regional Group Home Commission ("Commission") has been administering Virginia Beach's Virginia Juvenile Community Crime Control Act ("VJCCCA") plan since the legislation was enacted in 1995. One of the Commission's responsibilities has been to file a biennial plan on the City's behalf. It is requesting permission, beginning with the FY2002-2004 plan, to submit a plan on a Commission-wide basis instead of an individual locality basis. This change will make no difference operationally. The structure and funding of the City's plan will remain the same. However, it will greatly simplify the Commission's development of plans and submission of reports to the state. When the VJCCCA was enacted in 1995, Tidewater Regional Group Home Commission was able to overlay the new process on its already functional system. As the program has matured, it has followed the natural law of state-funded, locally-administered programs. The requirements attached to the process by the state have grown steadily in number and complexity. Conversion to a Commission-wide plan is one way to deal with some of the new challenges. Considerations: The Court Service Unit Directors, part of the Tidewater Regional Group Home Commission's planning team, endorse this conversion. Before the Commission can submit a Commission-wide plan, it is required to obtain the consent of each locality included in the plan. State policy dictates that the consent of the locality take the form of a resolution adopted by the governing entity. The sample resolution attached has already passed state review. Public Information: Public Information will be handled through the normal Council agenda process. Alternatives: The alternative would be to withhold consent for this conversion. However, if one locality in the Commission's region (Cities of Chesapeake, Franklin, Portsmouth, Suffolk, & Virginia Beach and Counties of Isle of Wight and Southampton) opts for an individual plan, the commission may have to switch back to the original individual locality planning process. Recommendations: Consent to convert the Virginia Juvenile Community Crime Control Act (VJCCCA) Plan to a Commission-wide format. Attachments: Resolution Letter from Tidewater Regional Group Home Commission Sample Resolution Recommended Action: Approval of Attached Resolution Submitting Department/Agency: Department of Juvenile Probation City Manager: ~ ) ~ , ~.)~/j,~j._ ~JT':\DatagAty\Ordin\Noncode\VJCCCAarf.wpd A RESOLUTION APPROVING THE TIDEWATER REGIONAL GROUP HOME UOMMISSION'S PLAN TO APPLY FOR JUVENILE COMMUNITY CRIME CONTROL ACT FUNDING 5 6 7 8 9 11 13 14 15 16 17 18 19 2O 21 22 ~3 24 25 26 27 28 29 30 31 32 34 WHEREAS, the General Assembly enacted the Virginia Juvenile Community Crime Control Act ("VJCCCA") to establish balanced, community based programs and services for juvenile offenders; WHEREAS, the City of Virginia Beach is a founding member of the Tidewater Regional Group Home Commission ("Commission") a regional entity created by Chesapeake, Franklin, Portsmouth, Suffolk, Virginia Beach, Isle of Wight and Southampton, which was established for the purpose of establishing and operating such services on the behalf of its member localities; and WHEREAS, the City Council of the City of Virginia Beach desires that this system of services continue to operate uninterrupted by participating in the VJCCCA planning process, having the Commission submit a combined regional plan on behalf of all of the Commission members to satisfy the requirements of Virginia Code § 16.1-309.3, and directing that its portion of the VJCCCA funding be used to fund its portion of the plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Tidewater Regional Group Home Commission is authorized to submit, on behalf of the City of Virginia Beach, a combined regional plan that will be prepared by the Tidewater Regional Group Home Commission on the behalf of its member localities. 2. That the City Manager, or his designee, is hereby authorized and directed to participate in the development of the above-referenced combined regional plan. 3. That the Tidewater Regional Group Home Commission will continue to operate as the fiscal agent for these programs and all funds awarded to the City of Virginia Beach under the Virginia 35 36 Juvenile Community Crime Control Act will continue to be used to fund the programs included in the plans. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8390 0RDIN~NONCODE~VJCCCAres.wpd R3 February 14, 2002 APPROVED AS TO CONTENT: ~anagement Services / APPROVED AS TO LEGAL SUFFICIENCY: 2 TIDEWATER REGIONAL GROUP HOME COMMISSION 2404 .Airline Boulevard, Portsmouth, Vir inia 23701 Telephone: (757) 488-9161 · Fax: (757) 4~-9652 o · January 10, 2002 Mr. James K. Spore, City Manager City of Va. Beach Municipal Center. Building 1 2401 Courthouse Drive Va. Beach, Virginia 23456-9001 Dem' Mr. Spore: As you are aware, the Tidewater Regional Group Home Commission has been administering your locality's VJCCCA plan since the legislation was enacted in 1995. One of - our responsibilities has been to file the biennial plan on Virginia Beach's behalf. We are writing to request that, beginning with the FY2002-2004 plan, we be permitted to submit that plan on a Commission wide basis instead of in an individual locality format. Operationally, this change will make no differenc.e,, The structure and funding of your plan will remain the same. It will greatly simplify the .development of our plans and:the sub ~miSsion Df reports to. ~e state,, however. ":'""" ' ' · ' ' :~ ":.75 ,':'~:.,/ ....., 'T .:? .) k "".I,.' : , .~.: '",. There are.several, advantages to submitting our plans on a Commission wide basis: 1. It is a cornerstone of the Commission that all our member localities share access to the programs we offer. Because of the format of the VJCCCA planning documents, each time one of our programs is included in a locality's plan, it must be listed discrete program for that locality. For example, all seven of our members have access to the Regional Group Home. Therefore, it is included in all seven plans. Consequently, Regional Group Home ends up with seven different program identification numbers, with the ut'.'l;zafie~, tatgete end budget parceled out based on our guess as to which locality will make referrals. By converting to a Commission wide plan we would reduce the number of discrete program elements in our plans from 126 to 36! Beginning with January 2002, the Department of Juvenile Justice has converted to a new monthly reporting format. Whereas, we have reported on a locality basis in the past, requiring us to sort all of our data by seven localities, we now must sort the information according to program identification number. If we don't condense the number of programs we are listed as operating, we vdll be required to sort our data into 126 categories. ' " -~ Another new feature of the planning process this year is the requirement that each program be justified with objective data demohstrating'the need for that program in that locality. Cities of Chesapeake · Franklin · Portsmouth · Suffolk & Virginia Beach and Counties of Isle of Wight & Southampton Commission Wide Plan Request, January 1 O, 2002 2 As we pointed out in paragraph one, we are structured in such a way that each participating locality has access to a menu of services. The locality pays for a service only when it refers a child to that service. In all of our present plans we list services for a particular locality just in case they have the need to use it in a given year. It would be impossible to develop an objective demonstration of the need for a program that is listed in a locality's plan on a contingency basis. Further doing a needs assessment that must be structured as if one group home is seven different programs would be cumbersome and only marginally connected to reality! If we submit on a Commission wide basis, we can aggregate the needs data, and we can treat each program as one unit instead of seven. · .When the VJCCCA was enacted in 1995 we were able to take the new process and overlay it on the Commission's already functional system. As the program has matured, however, it has followed the natural law of state funded, locally administered programs. The requirements attached to the process by our partners in state government have grown steadily in number and complexity. Our original adaptations are no longer adequate. In discussing this problem with the court service unit directors, who are part of our planning team, the conversion to a Commission wide plan appeared to be one way to deal with some of the new challenges. This request, therefore, comes to you with their endorsement. Before we can submit a Commission wide plan, we are required to obtain the consent of each locality included in the plan. State policy dictates that the consent of the locality take the form of a resolution adopted by the governing entity. I have adapted a resolution used by the members of the Colonial Group Home Commission (Williamsburg, James City County, York County, and Gloucester County) to convert their plans to a commission wide format. I offer it as a form that has already passed state review. We are requesting your assistance in getting the necessary resolution before your city council. The plans for FY 2002-2004 are due to the Department of Juvenile Justice by April 1, 2002. It would help us immeasurably to know your locality's preference as soon as possible, since if one locality opts for an individual plan, we may have to switch back to the original planning process. Should you need any additional information or clarification before responding to this request, we would be happy to provide it in person or in writing. I have shared a copy of this request vdth yom' !ocality's Commission members. Either would be happy to provide you with background on the Commission. We continue to appreciate your support and assistance. Sincerely yours, John C. Matish, Executive Director CC: Bruce Bright, Director Second District CSU and Va. Beach Commission Member Jody Wagner, Commission Member, Va. Beach K. PLANNING MODIFICATION OF CONDITIONS TWO AND THIRTEEN placed on the July 3, 2001, approved Conditional Use Permit for a mini-warehouse/self-storage in behalfofM & M CONTRACTORS, INC., on South LYnnhaven Road and Lee Highlands Boulevard (ROSE HALL - DISTRICT 3) Application of R. MATTHEW McGEE for the discontinuance, closure and abandonment ora 15-foot alley at 654 South Atlantic Avenue (Croatan Beach), containing 750 square feet. (BEACH - DISTRICT 6) Application of NEXTEL COMMUNICATIONS for a Conditional Use Permit for a wireless communications antenna on the property of DOMINION VIRGINIA POWER on the north side of Ansol Lane, west of Landmark Square, containing 994 square feet. (ROSE HALL - DISTRICT 3) Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an automobile service station on the east side of First Colonial Road, north of Virginia Boulevard, containing 41,817.6 square feet. (BEACH - DISTRICT 6) Application of BLUE HORSESHOE TATTOO TWO, LTD. for a Conditional Use Permit for a tattoo studio/body piercing facility at the northwest intersection of London Bridge Road and Bowland Parkway (513 London Bridge Road), containing 1.272 acres. (BEACH - DISTRICT 6) Applications for Conditional Use Permits at Central Drive and Quality Court (573 Central Drive): (BEACH - DISTRICT 6) VOICE STREAM WIRELESS for a monopole communication tower, containing 2,023 square feet ora 1.89 acre site b. JOSEPHINE PARKER for a bulk storage yard, containing 1.89 acres City Zoning Ordinance (CZO): AMEND § 203 re vehicular parking requirements in the B-3A Pembroke Central Business Core District AMEND § 902 re special setback requirements for certain lots within the B-3 Central Business District Co Refer AMENDMENTS of §§ 1502 and 1507, re maximum building height and hotel density in the RT-1 Resort Tourist District to the Planning Commission for consideration and recommendation. Map H-8 M M Contractors, Inc. I-1 5 I-1 7 B-: BROOKWOOD EL EtdEN'I*AR¥ SCHOOL B-2~> 1496-27-1368 ZONING HISTORY 1. Conditional Use Permit (self-storage facility), Granted 7-3-01 2. Conditional Use Permit (residential kennel), Denied 11-24-98 3. Subdivision Variance, Granted 8-11-98 4. Conditional Use Permit (fuel pumps), Denied 2-1-88 5. Conditional Use Permit (recreational facility of an outdoor nature), Withdrawn 1-23-83 6. Change of Zoning (B-2 Community Business District to I-1 Light Industrial District), Withdrawn 8-8-83 7. Change of Zoning (I-1 Light Industrial District to B-2 Community Business District), Withdrawn 8-8-83 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager M & M Contractors, Inc., Modification of Conditions MEETING DATE: February 26, 2002 Background: An Ordinance upon Application of M & M Contractors, Inc., for a modification of conditions placed on the Conditional Use Permit for mini-warehouse/self-storage facility on July 3, 2001. Property is located on the west side of South Lynnhaven Road, 400 feet more or less south of Lee Highlands Boulevard (GPIN #1496-27-1368). DISTRICT 3 -ROSE HALL. Considerations: The applicant is requesting a modification of conditions placed on a conditional use permit for a self-storage facility on July 3, 2001. Condition 13 requires that a resident manager be on- site at all times, 24 hours per day. The applicant is requesting that this condition be revised to only require a manager on-site during all hours of public use - 12 hours per day. The apartment for the on-site manager will not be constructed as originally proposed. The storage facility will not be available to the public during the hours the facility is closed and the manager is not on-site. According to the application, the industry is experiencing "burn-out" of managers due to the extensive hours of operation. In addition, the application states that there have been instances where managers were terminated but did not immediately move out of the apartment located on the property. The modification to Condition 13 appears to be reasonable and is recommended for approval. In addition, Condition 2 has been modified to reflect the architectural changes required to the building due to the elimination of the manager's apartment. The original elevation depicted a two-story building. The modified structure will be one-story only and is compatible with the other buildings on the site. The Planning Commission placed this item on the consent agenda because the modified structure will be compatible with other buildings on the site, staff recommended approval and there was no opposition to the request. Recommendations: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De ~: Planning Department City M & M Contractors, Inc. Page 2 with 1 abstention to approve this request subject to the following conditions: 1. All conditions with the exception of Number 2 and Number 13 attached to the Conditional Use Permit granted by the City Council on July 3, 2001 remain in affect. 2. Condition Number2 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the following: The architectural design elements and extedor building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self Storage Facility," prepared by Sampson and Associates Architects, P.C., dated November21,2001. 3. Condition Number 13 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the following: An office manager shall be on-site during all hours of operation when the site is accessible for customer use. M &M CONTRACTORS, INC./# 12 January 9, 2001 General Information: REQUEST: ADDRESS: Modification of Conditions placed on a conditional use permit for a self-storage facility on July 3, 2001. The west side of South Lynnhaven Road, 400 feet south of Lee Highlands Boulevard M.p ~ A4 & Aq Contractors, Inc. Mop No~ ~-o Stoic C~ia 1496-27-1368 GPIN: ELECTION DISTRICT: 1496-27-1368 3 - ROSE HALL SITE SIZE: 5.08 acres STAFF PLANNER: Carolyn A.K. Smith PURPOSE: To modify the condition regarding the hours of operation and the resident manager and to modify the condition to reflect the alteration of the architectural design of the office due to the elimination of the manager's apartment (from a two-story to a one- story building). Major Issues: · The facility will not have a 24-hour, seven (7) days a week, on-site manager. Planning Commission Agenda January 9, 2002 CONTRACTORS, INC. / # 12 Page 1 Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning This vacant parcel is currently zoned B-2 Community Business District. There is an existing billboard on this site that is slated for removal. Surroundinq Land Use and Zoning North: South: East: West: · Vacant, under construction / B-2 Community Business District, I-1 Light Industrial District · Brookwood Elementary School/B-2 Community Business District Vacant, under construction, retail shopping center / B-2 Community Business District, I-1 Light Industrial District · London Bridge Creek · Single-family subdivision / R-7.5 Residential District Zoninq History A Conditional Use Permit was granted by City Council on this parcel for a self- storage/mini warehouse facility in July of 2001. The majority of the zoning requests in the vicinity of this site have been either withdrawn or denied, although none of these requests were similar in nature to the applicant's request in July 2001. A subdivision variance was granted in the single-family neighborhood to the west. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of greater than 75dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics This property is located within the Chesapeake Bay watershed and is impacted by the Resource Protection Area. The applicant has designed the layout of this project so as to avoid land disturbance within the 100 foot buffer of the Resource Protection Area and avoiding many of the mature trees on the site. There is a small amount of non-tidal wetlands, not regulated by the Chesapeake Bay Preservation Area Ordinance, will be disturbed. Approximately 0.17 acres of non-tidal wetlands will be impacted. The applicant is currently working with the United States Army Corps of Engineers to obtain the proper permits. Planning Commission Agenda January 9, 2002 CONTRACTORS, INC. / # 12 Page 2 Public Facilities and Services Water and Sewer Water: Sewer: There is a 12 inch water main in the east side of South Lynnhaven Road fronting the southeast corner of the site. This lot must connect to City water. There is no sanitary sewer available to the property. Health Department approval is required for septic systems. Transportation Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z_ 1674 South Lynnhaven Road 19,472 13,100 - ADT ADT 1 20,700 ADT ~ Proposed Land Use 3_ 136 ge ps as defined by 39,000 square feet of retail 3 as defined by 54,400 square feet of warehouse Public Safety Police: Adequate. Fire and Adequate. Rescue: Comprehensive Plan The Comprehensive Plan Map identifies this property as an area planned for major centralized commercial activities capable of serving large portions of the city. Summary of Proposal ,Proposal The Conditional Use Permit permitting the self-storage facility was approved by 'the City Council on July 3, 2001. The Conditional Use Permit has 16 conditions: When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout Plan of Morton Realty Property Self- Storage Facility," prepared by MSA, Inc., dated 5-10-01. Planning Commission Agenda January 9, 2002 CONTRACTORS, INC. / # 12 Page 3 The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Street Elevation, Morton Realty Property, Self Storage Facility, "prepared by Sampson and Associates Architects, P.C., dated 5-21-01. The foundation landscaping for the units with frontage along South Lynnhaven Road shall be installed as Category I as described in the City of Virginia Beach Landscape Screening and Buffering Specifications and Standards manual. An undulating 10 foot wide landscape area shall also be installed along South Lynnhaven Road from the southeast property line to the proposed entrance. A mix of trees and shrubs shall be installed within this area and may be grouped or massed to provide visual interest as well as additional screening along the street frontage. Any freestanding sign shall be monument style with a brick base that matches the brick depicted on building elevation. Such sign shall not exceed a height of eight (8) feet and shall be externally lit from ground level. There shall be no business identification signage on the walls or roof of the building. All exterior lighting shall be Iow intensity and residential in character and shall not be erected any higher than fourteen (14) feet. According to Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the mini warehouse facility. Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties. 6. The entrance into the facility shall align with the existing Sabre Street extension located on the east side of South Lynnhaven Road. 7. No land disturbance shall occur within the 100 foot Resource Protection Area buffer. o No building permit shall be issued without evidence of permission from the United States Army Corps of Engineers to impact the non-tidal wetlands depicted on the concept plan. 9. No building permit to construct this mini warehouse facility shall be issued until the billboard identified on the conceptual plan is removed in its entirety. 10. All fencing visible from either a public right-of-way or from the adjacent single- family subdivision to the west shall be wrought iron-style. No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence on the property. 11. No storage of flammable or hazardous materials shall be stored in any unit. 12. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 13. There shall be an on-site resident manager at all times, 24 hours a day. 14. Drive aisles shall be at least 18 feet wide to accommodate emergency apparatus. Planning Commission Agenda January 9, 2002 CONTRACTORS, INC. / # 12 Page 4 15. No on-site business shall be conducted such as automobile repair or storage, cabinet shops or similar types of hazardous operations. 16. The units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, or any other purpose not consistent with the storage of goods. No public assembly or continuous occupancy of the units shall be permitted. Evaluation of Request Condition 13 requires that a resident manager be on-site at all times, 24 hours per day. The applicant is requesting that this condition be revised to only require a manager on- site during all hours of public use - 12 hours per day. The apartment for the on-site manager will not be constructed as originally proposed. The storage facility will not be available to the public during the hours the facility is closed and the manager is not on- site. According to the application, the industry is experiencing "burn-out" of managers due to the extensive hours of operation. In addition, the application states that there have been instances where managers were terminated but did not immediately move out of the apartment located on the property. The modification to Condition 13 appears to be reasonable and is recommended for approval. In addition, Condition 2 has been modified to reflect the architectural changes required to the building due to the elimination of the manager's apartment. The original elevation depicted a two-story building. The modified structure will be one-story only and is compatible with the other buildings on the site. Staff recommends approval as conditioned below. Conditions All conditions with the exception of Number 2 and Number 13 attached to the Conditional Use Permit granted by the City Council on July 3, 2001 remain in affect. Condition Number 2 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the following: The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self Storage Facility, "prepared by Sampson and Associates Architects, P.C., dated November 21,2001. Condition Number 13 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the following: An office manager shall be on-site during all hours of operation when the site is accessible for customer use. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet ail 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 January 9, 2002 M&M. CONTRACTORS, INC. / # 12 Page 5 t-- !1 ! Planning Commission Agenda January 9, 2002 t~l&l~ CONTRACTORS, INC. / # 12 Page 6 Planning Commission Agenda January 9, 2002 Mad~ CONTRACTORS, INC. / # 12 Page 7 0 + 7' I ~ I ! ! Planning Commission Agenda January 9, 2002 ~l&l{ CONTRACTORS, INC. / # 12 Page 8 Planning Commission Agenda January 9, 2002 CONTRACTORS, INC. / # 12 Page 9 Item #12 M&M Contractors, Inc. Modification of conditions placed on the Conditional Use Permit for mini warehouse/self-storage facility West side of South Lynnhaven Road District 3 Rose Hall January 9, 2002 CONSENT AGENDA Dorothy Wood: The next is M & M Contractors, Inc. Modifications of conditions. Conditional Use Permit for a mini wareh.ouse self storage in District. 3, Rose Hall, Lee Highlands Boulevard. Michael Perry: Good afternoon. My name is Michael Perry. I am a planner. I am representing the applicant. We have reviewed the conditions and agree. Thank you. Dorothy Wood: Is there any opposition to this consent agenda item? Mr. Ripley, I would move to approve the thirteen consent agenda items. Number one with two conditions.., remove that, sorry. Number three with six conditions, #5 with four conditions, #7 with seven conditions, #8 with 10 conditions, g9 with five conditions, #11 with four conditions, #12 with three conditions, #14 with four conditions, #16, #17 with four conditions and g23 with seven conditions. Ronald Ripley: Did you get 18 and 19 also? Dorothy Wood: Seventeen, 18 and 19 with four conditions. Ronald Ripley: That is the motion, did we have a second? BetSy Atkinson: I have to abstain on item #16. I am related to the applicant. Robert Miller: And I need to abstain from items number 8, 12, 16, 17, 18, 19, and 23. My fn'm is working on those projects. Ronald Ripley: Anything else? Call for the question. AYE 10 NAY 0 AIlS 1 ABSENT 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE ABS Ronald Ripley: By a vote of 10 to 0 with Bob Miller abstaining on items 8, 12, 16, 17, 18 and 19, 23 and Betsy on item #16. Thank you. Applicant's Name: List All Current Property Owners: APPLICATION PAGE 4 OF 4l' MODIFICATION OF CONDITIONS CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT M & M Contractors, Inc. M & M Con=factors, Inc. PROPERTY OWNERDISCLOSURE lfthepr°perty°wnerisaCORPORATION, listallofficersoftheCorporation ~low:(Attachl~t~necessa~) Morton Goldmeier Michael Goldmeier 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 if necessary) same as above 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, firm. or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signature -Print Name ~ ~ Rev. 9/15/98 Map M-8 Nop Not to Scole R' McGee Street Closure ZONING HISTORY 1. Street Closure Granted 7/11/2000 2. Street Closure Granted 8/27/96 3. Street Closure Granted 6/23/92 4. Street Closure Granted 8/22/2000 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager R. Matthew McGee, Street Closure MEETING DATE: February 26, 2002 Background: ~.n Ordinance upon Application of R. Matthew McGee for the discontinuance, closure and abandonment of a 15-foot alley located between Lot 8 and Lot 20, Block 20, Plat of Croatan Beach (654 South Atlantic Avenue). Said parcel contains 750 square feet (GPIN #2426-38- 8957; #2426-39-9030). DISTRICT 6 - BEACH. Considerations: The applicant is requesting closure of a portion of a 15-foot alley located between Lot 8 and Lot 20. The closed area would then be incorporated into the existing lots to form one larger lot. City Council has adopted a policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The Planning Commission placed this item on the consent agenda because closure will not result in a public inconvenience, staff recommended approval and there was no opposition to the request. 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 conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Attachments: Staff Review Ordinance Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. .~ ,-~-~ Submitting Department/Agency: Planning Department ~ R. Matthew McGee Page 2 o o The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by Cit Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A 15-FOOT ALLEY AS SHOWN ON THAT CERTAIN PLAT ENTITLED: PLAT SHOWING PROPOSED CLOSURE OF 15FOOT ALLEY ADJACENT TO LOTS 8 AND 20, BLOCK 20, CROATAN BEACH, MB 24, P.37, VIRGINIA BEACH, VIRGINIA WHEREAS, on February 26, 2002, R. Matthew McGee applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before February 25, 2003; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before February 25, 2003: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated as "(q TI,¢N OF iS' TO C OS D" shown on emmed PLAT SHOWING PROPOSED CLOSURE OF 15' ALLEY ADJACENT TO LOTS 8 AND 20 BLOCK 20 CROATAN BEACH MB 24 P. 37 VIRGINIA BEACH, VIRGINIA" dated 16 October, 2001, prepared by Gallup Surveyors & Engineers, LTD., a copy attached hereto and marked as Exhibit "A", being more particularly described as follows: Beginning at a point where the southern lot line of Lot 20, Block 20, as shown on the attached plat, intersects the eastern line of the 15' alley, thence S 85° 45' 45" W 15'; thence N 04° 14' 15" W 50'; thence N 85° 45' 45" E 15'; thence S 04° 14'15" E 50' to the point of beginning.. SECTION II The following conditions must be met on or before February 25, 2003' 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the GPIN: 2426-39-9030 and 2426-38-8957 "Policy Regarding purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there' are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before February 25, 2003, .this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before February 25, 2003, the date of final closure is the date the street closure ordinance is recorded by the City Attomey. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day of February, 2002. CA-8303 January 14, 2002 C:\Documents and Settings\bduke'd. ocal Settings\Temp\CA8303. l.wpd APPROVED AS TO LEGAL~cY: City Attomey 2 R. MATTHEW MCGEE/# 14 January 9, 2002 General Information: REQUEST: ADDRESS: Street Closure Portion of a 15 foot alley located between Lot 8 and Lot 20, Block 20, Plat of Croatan Beach, containing 750 square feet (654 South R. Matthew oo~ Atlantic Avenue) Map M-8 Map No% to Sco)e McGee ELECTION DISTRICT: SITE SIZE: PURPOSE: STAFF PLANNER: 6 - BEACH 750 square feet Street Closure To incorporate this undeveloped right of way into the adjoining residential lots. Barbara Duke Land Use, Zoning, and Site Characteristics: ExiStinq Land Use and Zoninq The subject alleyway is an unimproved right of way in the Croatan residential community. Planning Commission Agenda January 9, 2002 R. MATTHEW MCGEE / # 14 Page1 Adjacent lots are zoned R-10 Residential District. Surroundinq Land Use and Zonin,q North: South: East: West: · Single family dwellings zoned R-10 Residential District · Single family dwellings zoned R-10 Residential District · Single family dwellings zoned R-10 Residential District · Single family dwellings zoned R-10 Residential District Zoninq History There have been several street closure requests granted along the subject alleyway during the past ten years. The zoning history map identifies the specific properties that were granted these street closures for the alleyway. Public Facilities and Services Water and Sewer There are no water and sewer facilities within the subject right of way Public Works There are no public works structures within the subject right of way Public Safety Police: Adequate Fire and Adequate Rescue: Private Utilities Preliminary comments from the private utility companies indicate there are no private utilities within the subject right of way Comprehensive Plan The Comprehensive Plan recommends residential development for the area surrounding the subject site. Evaluation of Request The portion of the alley requested for closure is one of the few remaining city-owned portions of the alleyway along this block. It has been landlocked by previous alley closures to the north and south. The viewers have determined that the proposed closure will not result in a public inconvenience, therefore, closure of the right of way is recommended for approval. City Council has adopted a policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional Planning Commission Agenda January 9, 2002 R. MATTHEW MCGEE / # 14 Page 2 public access to the beach in the Croatan area. The proposed street closure is recommended for approval with the following conditions. Conditions ° The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate intemal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no pdvate utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. INOTE: Further conditions may be required during the administration of applicable Cit~/ Ordinances. Planning Commission Agenda January 9, 2002 R. MATTHEW MCGEE / # 14 Page 3 INDICATES 750 S:F. OF ALLEY TO BE CLOSED ATLANTIC OCEAN (a.a, 2,~. P. 37) 1!5' ALLEY TO BE CLOSED N 04~'1,¢15" W 50.00' / sO. oo. /S 04'1~;'t5 E N 04;~14..15 W SOUTH ATLANTIC AVENUE (50' PLAT SHOWING PROPOSED CLOSURE OF 15' ALLEY ADJACENT TO LOTS 8 AND 20 BLOCK 20 CROATAN BEACH M.B. 24- P. 37 VIRGINIA BEACH, VIRGINIA SCALE: 1'"=4-0' t6 OCTOBER 2001 Planning Commission Agenda January 9, 2002 R. MATTHEW MCGEE / # 14 Page 4 Planning Commission Agenda January 9, 2002 R. MATTHEW MCGEE ! # 14 Page 5 Item #14 R. Matthew McGee Closm:e of a 1 S-foot alley 654 South Atlantic Avenue District 6 Beach January 9, 2002 CONSENT AGENDA Dorothy Wood: The next is R. Matthew McGee. Closure of a 15-foot alley located between Lot 8 and Lot 20, Block 20, Plat of Croatan. 654 South Atlantic Avenue with four conditions. Tom Kline: Good afternoon. -For the record my name is Tom Kline. I am a local attorney here on behalf of the applicant. We have reviewed all of the four conditions and they are acceptable to the applicant. Dorothy Wood: Thank you. Is there any opposition to this consent agenda item? Mr. Ripley, I would move to approve the thirteen consent agenda items. Number one with two conditions... remove that, sorry. Number three with six conditions, #5 with four conditions, #7 with seven conditions, #8 with 10 conditions,//9 with five conditions, #11 with four conditions, #12 with three conditions, #14 with four conditions, #16, #17 with four conditions and ~V23 with seven conditions. Ronald Ripley: Did you get 18 and 19 also? Dorothy Wood: Seventeen, 18 and 19 with four conditions. Ronald Ripley: That is the motion, did we have a second? Betsy Atkinson: I have to abstain on item #16. I am related to the apphcant. Robert Miller: And I need to abstain from items number 8, 12, 16, 17, 18, 19, and 23. My firm is working on those projects. Ronald Ripley: Anything else? Call for the question. AYEll NAY0 ABS0 ABSENT0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 10 to 0 with Bob Miller abstaining on items 8, 12, 16, 17, 18 and 19, 23 and Betsy on item #16. Thank you. Applicant's Name: DISCLOSURE STATEMENT R. Matthew McCcc List All Current Property Owners: R. Matthe~ McCcc PROPERTY OWNER DISCLOSURE --~f the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ,.~_ N/A 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) N/A 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 if necessary) '' N/A 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, firm, or other unincorporated organization. ERTIFICATION: I certify that the information contained herein is ~.~ e and accurate. ~gnature R. Matthe~ McCcc Print Name Rev. 9115/98 M~p No~*~o Scele C~in 1497-23-5863 ZONING HISTORY Conditional Use Permit (substation) - Granted in 1960 - 33 - Item V-ff. 7. PLANNING ITEM # 49299 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO FEBRUARY 26, 2002, Ordinance upon application of NEXTEL COMMUNICATIONS for a Conditional Use Permit for a wireless communications antenna: ORDINANCE UPON APPLICATION OF NEXTEL COMMUNICATIONS FOR A .CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS ANTENNA Ordinance upon Application of Nextel Communications for a Conditional Use Permit for a wireless communications antenna on certain property located on property of Dominion Virginia Power Substation on the north side of Ansol Lane, west of Landmark Square (GPIN #1497-23-5863). Said parcel contains 994 square feet. DISTRICT 3 - ROSE HALL. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None February l2,2002 Virginia Beach City Council February 12, 2002 6:00 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 CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. LilleY Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Planning Application of Nextel Communications 1 February 12, 2002 INFORMAL SESSION VICE MAYOR SESSOMS: Nextel, Rose Hall, Reba. COUNCIL LADY McCLANAN: I don't really know what to say about this. I couldn't find a sign over there. I don't particularly like to vote on things that don't have signs. Could we defer this for a week and clarify? VICE MAYOR SESSOMS: Defer one week and if we could ask Stephen would he let them know -- MAYOR OBERNDORF: It would be two weeks, because next ~uesday -' is a Workshop. COUNCIL LADY McCLANAN: Oh, that's right. VICE MAYOR SESSOMS: as soon as you could, Defer two weeks, okay? And, Stephen, if you would communicate that I would appreciate it. STEPHEN WHITE: I'll do it. VICE MAYOR SESSOMS: Is that okay with you, Reba? COUNCIL LADY McCLANAN: That would be great. February 12, 2602 FORMAL SESSION MAYOR OBERNDORF: We'll move on now to the Formal Agenda as it evening. Agenda. was offered to the City Council on Friday Those issues that were agreed to be done under the Consent If there is one you wish to speak under and you are signed up, we will Pull that item so the public can be heard. VICE MAYOR SESSOMS: Madam Mayor. MAYOR OBERNDORF: Mr. Sessoms. VICE MAYOR SESSOMS: I would like to move for approval under the Consent Agenda under Resolutions: Items Number 1 and 2. Under Ordinances: Items Number 1, 2 and 3 for approval. Under Planning the first item B.J.R. Enterprises requires no action. So, I will move on. Item Number 1 under K. Planning 1, the Application for Harbour Development Corporation, L.L.C. for approval. Item Number 2, R and T, L.L.C. for approval, noting a "no" vote by Mrs. McClanan, Mrs. Parker and the Mayor. Item Number 3, H.B. and Sandra Brooks for approval, Item Number 4, Shadow Island Associates, L.L.C. for approval. Item Number 6, Long Term Care Associates, Incorporated, for approval. Item Number 7, Nextel Communications deferred for two weeks.' Item Number 8, Voice Stream Wireless, 8A for approval and 8B for approval. Item Number 9, Ocean Bay Ventures, L.L.C. for approval noting a "no" vote by Mrs. Henley and Mrs. McClanan. COUNCILMAN BRANCH: MAYOR OBERNDORF: Second. Are we ready for the question?- CITY CLERK: By a vote of 11 to 0 with the exception of February 12, 2002 those the Vice Mayor has mentioned and also Mrs. Henley abstaining on Number 1 under Resolutions. You have approved the Resolutions, Ordinances and Planning Items with the exception of Number 5. MAYOR OBERNDORF: Thank you. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Nextel Communications, Conditional Use Permit MEETING DATE: February 26, 2002 Background: An Ordinance upon Application of Nextel Communications for a Conditional Use Permit for a wireless communications antenna on certain property located on property of Dominion Virginia Power Substation on the north side of Ansol Lane, west of Landmark Square (GPIN #1497-23- 5863). Said parcel contains 994 square feet. DISTRICT 3 - ROSE HALL. This item was deferred at the February 12 City Council meeting due to the fact that the public notice sign required to be posted on the property was not continuously posted on the site. Staff has contacted the applicant. The applicant provided photographs showing the sign was posted at some point in time on the property. A new sign has been posted on the property since February 12. Considerations: The applicant is requesting a conditional use permit for a communications tower. The Planning Commission placed this item on the consent agenda because the proposed tower is in keeping with location criteria outlined in the City Zoning Ordinance, particularly in since it will be located with existing Virginia Power transmission facilities, staff recommended approval and there was no opposition to the request. 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 conditions: 1. The antenna addition shall be constructed as shown on the site plan titled "Lynnhaven Co-Locate Dominion Va. Power Tower" by Clark Nexsen and dated Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planni Commission recommends approval, nt~.~I Submitting Department/Agency: Planning Departme ,City Manager[~/~ /~--., ~)6'Y3~ 10/12/01 and exhibited to City Council. A variance to the front yard setback shall be obtained by the Board of Zoning Appeals to place the equipment shelter where it is shown on the exhibit site plan referenced in Condition One. If a variance is not granted, the equipment shelter shall be relocated to meet the required 35 foot front yard setback. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emmissions study, (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. In the event that the antenna is not in use for a period of one year, the owner shall remove the antenna and supporting structures from the site. NEXTEL COMMUNICATIONS / # 5 January 9, 2002 General Information: REQUEST: ADDRESS: Conditional Use Permit for communications tower North side of Ansol Lane, west of Landmark Square 2~-~°~-~_~:~''' .~ N~ ~tel Communicati~ ~n 1497-~5S~ GPIN: ELECTION DISTRICT: 1497-23-5863 3 - ROSE HALL SITE SIZE: 994 square feet STAFF. PLANNER: Barbara Duke Planning Commission Agenda January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page I Major Issues: · Compatibility with the surrounding area. · Consistency with the provisions of Section 232 of the City Zoning Ordinance (czo). Land Use, Zoning, and Site Characteristics: Existin(3 Land Use and Zonin,_q The site is owned by Dominion Virginia Power and is used as a substation. The existing zoning is 0-2 Office District. Surroundin,q Land Use and Zoning North: South: East: West: · Single family homes / R-10 Residential District · Interstate 264 · Offices / B-2 Community Business District · Single-family home / 0-2 Office District _Zonin_a History The zoning pattern in this area reflects a mix of uses and districts. The subject site was granted a use permit to operate a power substation in 1960. There are no other rezonings or use permits to report in the surrounding area identified on the zoning history map. Planning Commission Agenda January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page 2 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of 70-75dB Ldn surrounding NAS Oceana. Public Facilities and Services public Safety Police: Adequate Fire and Adequate Rescue: Comprehensive Plan The Comprehensive Plan identifies this area as being suitable for retail, office, and other compatible uses within commercial areas serving surrounding neighborhoods and communities. Site Plan / Conformance with Section 232 * The applicant is proposing to add an antenna to the top of an existing 100 foot high monopole. The total height of the monopole after the antenna installation will be 110 feet and 6 inches above ground level. A small equipment shelter is proposed to the east of the tower, within the existing fenced power substation area. The equipment shelter does not meet the required front yard setback of 35 feet in the 0-2 office district. However, there appears to be room within the lease area proposed for Nextel to relocate this shelter to meet the setback. Landscaping around the equipment shelter has been shown in accordance with ordinance requirements. The applicant has provided a satisfactory structural report and NIER report in accordance with ordinance requirements. Planning Commission Agenda January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page 3 Evaluation of Request The request for a communication tower is acceptable. The applicant is locating the antenna on top of an existing 100 foot high monopole within the confines of an existing power substation, The antenna addition is compatible with the substation use, The proposed communication tower is recommended for approval with the following conditions. Conditions ¸2. The antenna addition shall be constructed as shown on the site plan titled "Lynnhaven Co-Locate Dominion Va. Power Tower" by Clark Nexsen and dated 10/12/01 and exhibited to City Council. A variance to the front yard setback shall be obtained by the Board of Zoning Appeals to place the equipment shelter where it is shown on the exhibit site plan referenced in Condition One. If a vadance is not granted, the equipment shelter shall be relocated to meet the required 35 foot front yard setback, Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emmissions study, (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users. In the event interference with any City emergency communications facilities adses from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. Planning Commission Agenda January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page 4 NO~=: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site 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 January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page 5 L4 L~ 22.00 L7 IN SITE SURVEY Nextel (proposed site layout) Planning Commission Agenda January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page 6 I 12192557,428 tPROPOSED 20' WIDE ~CZSS/UnUT~' F.~SZUE~rr POINT OF COMMi N: 347,3544.598 E: 12192611.070 LEASE AREA SCALE: 1"= 10' DETAIL GRAPHIC SCALE Nextel (proposed site layout- detail) Planning Commission Agenda January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page 7 Planning Commission Agenda January 9, 2002 NEXTEL COMMUNICATIONS / # 5 Page 8 Item #5 Nextel Communications Condi~i0nal U~e Permit for a wireless communications antenna On property of Dominion Power Substation on the north side of Ansol Lane District 3 Rose Hall January 9, 2002 CONSENT AGENDA Dorothy Wood: The next item is item #5, Nextel Communications for conditional use permit for a wireless communication antennae on property located Dominion Virginia Power substation the north side of Ansol Lane, west of Landmark Square. It is District 3, Rose Hall and there are four conditions. The applicant hem'?. Representative7 Kay what would we do on this? Kay Wilson: You can go ahead. I mean unless you want to make sure they agree with the conditions you can simply impose the conditions and go forward and see. ff there isany opposition. Dorothy Wood: Is there any opposition to this? Mr. Ripley, I would move to approve the thirteen consent agenda items. Number one with two conditions.., remove that, sorry. Number three with six conditions, #5 with four conditions, #7 with seven conditions, g8 with 10 conditions, ~3 with five conditions, #11 with four conditions, #12 with three conditions, #14 with four conditions, #16, #17 with four conditions and g'23 with seven conditions. Ronald Ripley: Did you get 18 and 19 also? Dorothy Wood: Seventeen, 18 and 19 with four conditions. Ronald Ripley: That is the motion, did we have a second? Betsy Atkinson: I have to abstain on item #16. I am related to the applicant. Robert Miller: And I need to abstain from items number 8, 12, 16, 17, 18, 19, and 23. My finn is working on those projects. Ronald Ripley: Anything else? Call for the question. AYE 10 NAY 0 ABS 1 ABSENT 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 10 to 0 with Bob Miller abstaining on items 8, 12, 16, 17, 18 and 19, 23 and Betsy on item #16. Thank you. (31o one abstained on thi, item therefore vote is 11 to 0). DISCLOSURF STATEMENT ~pplicant's Name: NEXTEL COMMUNICATIONS ,ist All Current roperty Owners: DOMINION VIRGINIA POWER PROPERTY OWNER DISCLOSURE ; thg.~roperty owner is a CORPORATION, list all officers of the Corporation below: SEE LIST ATTACHED HERETO (Attach list if necessary) the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list I1 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. f the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE "~pplicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) SEE LIST ATTACHED HERETO the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all lembers or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. 2F--w~IFICATION: I certify that the information contained herein is true and accurate. Signature DARLENE BLACKMON Print Name Rev. 9/15/98 Directors and Officers Oominia~ Resources, Inc. lob,L-tm Th~. E. Cal~, 65 William $. Barrack, Jr., 71 George A. Davidson. Jr.. 62 Raymmd E. Galvin, SS John W. Harris, 53 Richard L Leathenrmocl, 61 Paul E. Lego, 70 Margaret A ~.na. ~ Pt~ident and E,~ecuti~ Direct.. K~meth A. Randall, 73 Frank $. Royal, M.D., 61 ~. Dallas Simmons. G1 hcroen FI. Spilman, 73 David A. Wollard, 63 Thoma~ £ Farrell, IL 46 IChief Executive Olfimr of Oominion Enmgy! FI. Patrick fliley. 63 Executive V~ce Pmsident IChlef ~maive Officer and Pmlklmlt d Oaninion F.~oration & p.~,_ _ ___,,~,_n) Edgar M. Roach. Jr.. 62 Thomas N. Chewning, 55 -. James E O'Hanlon. 57 ~ckmrt F_. fl~g~by, 51 (Pmsidem a~l Cld~f Operating O~ of Oominion Omliv~ James L True. heart 49 Eva Teig Hardy, 56 G. Scott Hetzer. 44 James L Sandedin, 59 William C. Half. Jr.. 47 Simon C. Hodges, 39 Karen E Hunter. 46 · ce I~T~ Stave~ A. Rogers, 39 James E Stutts, 56 Patficia A.Wffkarson, 45 NEXTEL William E. Conway, Chairman of the Board Timothy Iq. Donahue President and Chief Executive Officer, Nextel Communications, Tnc. Acting Chairman of the Board, NTT Holdings, Tnc. 3im Moone¥ Executive Vice President and Chief Operating Officer Paul Saleh Executive Vice President and Chief Financial Officer 3ohn Brittain Vice President and Treasurer Thomas N. Kelly, Executive Vice President and Chief lqarketing Officer Barry 3. West Executive Vice President and Chief Technology Officer Cathy L. Bradley Senior Vice President and Chief Service Officer Leonard Kennedy Senior Vice President and General Counsel Randall C. Harris Senior Vice President, Human Resources Board of Directors William E. Conway, Jr. Chairman Nextel Communications, Inc., Frank M. Drendel Chairman and Chief Executive Officer CommScope, [nc. The Carlyle Group Timothy M. Donahue President, CEO and Acting Chairman of the Board N~[! Holdings, Inc. Morgan E. O'Brien Vice Chairman Nextel Communications, Inc. Keith ]. Bane Executive Vice President and President, Global Strategy and Development Dennis Weibling President Eagle River, [nc. Craig O. McCaw Chairman and Chief Executive Officer Eagle River, Inc. V. Janet Hill Vice President Alexander & Associates, Inc. William E. Kennard Managing Director Telecommunications and Media The Carlyle Group .1. Timothy Bryan Chief Financial Officer Eagle River, Inc. Map K 6,7 Not ~o Scale Woo Heati Crpin 2407-86-4082 ZONING HISTORY 1. Conditional Use Permit (Automobile Repair and Truck Rental).- Apprcved 6-13-00 Conditional Use Permit (Automobile Sales, Repair and Truck Rental) Approved 12-7-99 2. Conditional Use Permit (Automobile Repair and Tire Sales) -Approved 2-14-95 3. Conditional Use Permit (Tattoo Parlor/Body Piercing Establishment) Denied 11-13-01 - Rezoning (R-D2 Residence Duplex to C-L1 Limited Commercial) Approved 1-13-69 - 4. Conditional Use Permit (Bulk Storage), Approved 9-8-98 5. Conditional Use Permit (Communication Towers)- Approved 2-10-98; 4-11-95 Rezoning (R-D2 Residence Duplex to C-L1 Limited Commercial) Approved 1-13-69 - 6. Conditional Use Permit (Automobile Sales and Repair) - Approved 6-25-91 7. Conditional Use Permit (Automobile Repair) -Approved 8-9-92 8. Conditional Use Permit (Mini Warehouses) - Approved 5-12-98 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Woodfin Heating, Inc., Conditional Use Permit MEETING DATE: February 26, 2002 Background: An Ordinance upon Application of Woodfin Heating, Inc., for a Conditional Use Permit for an automobile service station on certain property located on the east side of First Colonial Road, 160 feet more or less north of Virginia Beach Boulevard (GPIN #2407-86-4082). Said parcel contains 41,817.6 square feet. DISTRICT 6 - BEACH. Considerations: A conditional use permit was issued on this site in March 2000 for automobile repair and truck rentals. The application was approved subject to several conditions, including "no more than then (10) rental trucks on the site at any time" and the storage of the rental trucks in the areas designated on the site plan. The applicant obtained an approved site plan from the City consistent with the conditional use permit, but no improvements were ever made to the site. However, the trucks were stored in the area designated on the site plan, consistent with the conditional use permit. Woodfin Oil is now applying for a conditional use permit for an automobile service station (fleet fuel facility). The proposed site plan shows three (3) fuel pump islands (without a canopy), a paved area, and a maintenance building related to the fueling operation within the area of the site allocated by the previous use permit to the auto repair facility. The same area of the site as designated by the previous use permit for the parking of the rental trucks is still shown. Condition 7 repeats the provisions of the previous use permit regarding the rental trucks. Upgraded landscaping is shown along First Colonial Road. Additional details are prOvided in the attached staff report. The Planning Commission added Condition 10 to provide additional screening of the rental truck areas from First Colonial Road and Virginia Beach Boulevard. The plan has already been revised to comply with the condition; the plan in this package shows the change. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval.~.,..~,.:. Submitting Department/Age. ncy: Planning Department ~."'"..~- Woodfin Heating, Inc. Page 2 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 conditions: The site shall be developed in substantial accordance with the submitted plan titled "CONCEPTUAL PLAN FOR FLEET FUELING CENTER FIRST COLONIAL ROAD VIRGINIA BEACH VIRGINIA BEACH DISTRICT 6", prepared by Engineering Services, Inc., dated 12/20/01. There shall be no other structures on the site without review and approval of the Virginia Beach City Council as a modification of conditions of the conditional use permit. The proposed "24' INGRESS/EGRESS ACCESS EASEMENT" from Virginia Beach Boulevard to the site shall be recorded in the Clerk of Circuit Court's office before final site plan approval. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 4. The proposed freestanding sign shall be monument in style with a brick base. 5. The facility shall not be open to the general public but shall be for the sole use of specifically designated fleet customers. 6. A certificate of occupancy shall be obtained from the Building Official before use of the site. There shall be no more than ten (10) rental trucks on the site at any time. The rental trucks shall be parked to the rear of the site in the areas designated 'q'ruck Rental Area." The rental truck operation will be administratively reviewed after one (1) year for determining compliance with this condition. 8. There shall be no inoperative, wrecked or dismantled vehicles parked on the site. 9. There shall be no automotive repair on the site. 10. The site plan shall be amended to include a ten-foot (10') landscape buffer along the northern property line and along the property lines between the site and the 7-11 site. WOODFIN HEATING, INC./# 6 January 9, 2002 General Information: REQUEST: ADDRESS: Conditional use permit for an automobile service station (fleet fuel facility) The east side of First Colonial Road, 160 feet north of Virginia Beach Boulevard. GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 2407-86-4082 6 - BEACH 41,818 square feet C~in 2407-86-4082 Faith Christie To establish an automobile service station (fleet fueling facility) Major Issues: This is a vacant parcel in what could be considered a transition area between Hilltop and Oceana. The granting of conditional use permits for uses that have not previously been located on this section of First Colonial Road should be carefully examined, particularly in terms of the recommendations of the Comprehensive Plan for this area. Planning Commission Agenda ~~'~ January 9, 2002 WOODFIN HEATING, INC. ! # 6 Page I Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq This is a vacant grass and gravel site. The site is zoned B- 2 Community District. Surrounding 'Land Use and Zoninq NoAh: South: · East: · West: Abner's Hardware, retail use / B-2 Community District 7-11 store, Ryder Truck Rental and Plaza Pawn / B-2 Community Business District Single-family dwellings, Ace Realty, an office use / B-2 Community Business District First Colonial Road Across First Colonial Road - various retail and office uses / B-2 Community Business District Zoninq History This site was zoned C-G3 prior to November 1973. From 1973 to the present, the site has been zoned B-2 Community Business District. On December 7, 1999, City Council denied a conditional use permit request for automobile sales, vehicle service and repair, and truck rentals on the site. On June 13, 2000, a conditional use permit for automobile repair and truck rental was approved on the site. The conditions attached to the conditional use permit were as follows: The site shall be developed in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The building will be constructed in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The northern and eastern building walls will be constructed of a split-face block material that matches the color of the brick proposed for the western and southern building walls. The brick proposed on the western and southem building walls shall substantially conform to the submitted sample "General Shale Brick Spalding Tudor", or a compatible brick. The roof shingles for the proposed building shall substantially conform to the submitted sample "GAF Timberline Ultra Pewter Gray." Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 2 o The proposed landscaping on the site shall be in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The street frontage screening, interior coverage and foundation screening will be in conformance with the Site Plan Ordinance, Section 5A. 4. The freestanding sign shall be a monument style sign, no more than eight (8) feet in height. There will be no more than ten (10) rental trucks on the site at anYtime. The rental trucks will be parked to the rear of the site in the areas designated 'q'ruck Rental Area." The rental truck operation will be administratively reviewed after one (1) year for determining compliance with this condition. There will be no inoperative, wrecked or dismantled vehicles parked in the parking area. All inoperative, wrecked or dismantled vehicles must be parked or stored inside the building. 7. All auto repair work must be conducted inside the building, and no outside storage of parts or equipment is permitted. The City Council was very concerned that the site develops and operates as conditioned. Site development plans have been submitted to and approved by the Planning Department / Development Services Center. There have been no improvements conducted on the site. However, during the site inspection for this application, there were five Ryder rental trucks parked on the site. The adjoining site to the south, which is owned by the same property owner, has had several use permits granted on the property (# 2 on map). On August 8, Map K 6~ 7 Gpin 2407-86-4082 1983, a conditional use permit for automotive repair and tire sales was granted. On February 14, 1995, a conditional use permit for automobile service and tire sales (addition) was approved. Air Installation Compatible Use Zone (AICUZ) The site is located in the greater than 75 dB Ldn AICUZ district surrounding NAS Oceana and in close proximity to Accident Potential Zone (APZ) I. The proposed use is compatible with these areas. Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 3 Natural Resource and Physical Characteristics The site is an undeveloped parcel that consists of a mix of grass and gravel. The site is in the Resource Management Area of the Chesapeake Bay Preservation Area. Public Facilities and Services Water and Sewer Water: Sewer: There is a twelve-inch city water line in First Colonial Road. The existing lot must connect to City water There is an eight-inch city gravity sewer in First Colonial Road. The site must connect to City sewer. Transportation Master Transportation Plan (MTP)/Capital Improvement Program (ClP): First Colonial Road and Virginia Beach Boulevard near this application are minor four-lane arterial roadways. This entire intersection is scheduled to be upgraded, including additional lanes and signal improvements, in the year 2005-2006. A right of way reservation of 45 feet is required to accommodate the needs of First Colonial Road for the Virginia Beach Boulevard / First Colonial Road CIP Project 2-072. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 15,200 22,800 First Colonial Road ADT~ ADT ~ Existing Land Use 2_ none Virginia Beach 15,500 22,800 Proposed Land Use 3. 200 Boulevard ADT~ ADT Average Daily Trips as defined by a vacant parcel as defined by a fleet fuel facility The applicant indicates that vehicles at their other facilities throughout the state are divided by type as follows: · Fleet passenger car · Delivery van (2 axle) · Two-axle vehicle over 1~ ton · Multi-axle vehicles 5O% 25% 2O% 5% Public Safety Police: Fire and Rescue: No comments. The Fire Marshall notes that storage of hazardous, flammable or combustible materials on-site shall be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. The operator of the site must supply an on-site hazard mitigation kit January 9, 2002 WOODFIN HEATING, INC. ! # 6 Page 4 for fuel spills. In order for the site to be considered unmanned, it must be operated exclusively for fleet or business customers; no retail sales to the public are permitted. Recommend installation of an accessible telephone or notification system for emergency contact of the responsible party for the site. The facility shall not be used without a certificate of occupancy for the use. Comprehensive Plan The Comprehensive Plan Map recommends this area for retail and service uses. The Plan document also has specific recommendations for the area on the south side of Virginia Beach Boulevard, which the Plan refers to as the Atlantic Park area. The applicant's site is not in this area, but is in very close to it. The recommendations of the Plan are provided here and applied to the applicant's proposal. The Plan recommends that development in this area should consist of uses that "are Iow intensity, light industrial or commemial enterprises that focus on more capital- intensive rather than employee-intensive activities. The following actions should be taken prior to any such change in land use: Using conditional zoning provisions, consolidate a sufficient number of parcels to develop a well-designed and coherent development plan for this area. This plan should provide significant setback and landscaping with limited highway access along Virginia Beach Boulevard. Special consideration should be given to on-site open spaces, landscaping and building design. To ensure efficiency of traffic movement in this area, keep the number of access points to a minimum along the Virginia Beach Boulevard and First Colonial Road" (p. 104, Policy Document). While the applicant's proposal does not achieve the recommendation of consolidating 'a sufficient number of parcels to develop a well-designed and coherent development plan for this area,' it does work toward achievement of the other recommendations of the Plan. Summary of Proposal Proposal The applicant proposes construction of a commercial fleet fueling facility. The facility is not available to the public, and no retail sales are conducted on the site. The facility is unmanned and available only to commercial customers 24 hours a day. The site is a vacant grass and gravel lot that appears to have been used for parking of vehicles by the applicant. To the north of the site exists Abner Hardware, a retail operation. To the east of the site are single-family dwellings. To the south are a 7-11 store, a retail operation, and the applicant's existing businesses, Ryder Truck Rental and Plaza Pawn. To the west of the site is First Colonial Road. Across First Colonial Road exist various retail operations, a personal service establishment, and offices. Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 5 Site Desi,qn The submitted site plan shows three fuel pump islands situated 150 feet from First Colonial Road. A 200 square foot maintenance building and a dumpster are located in the northeast comer of the site. There are eleven parking spaces on the site; ten are for the truck rentals and one for an employee while performing maintenance on the site. There is an entrance to the site from First Colonial Road and an entrance through an ingress / egress easement from Virginia Beach Boulevard. There is a sidewalk along First Colonial Road. The entire perimeter of the site, except for access, is enclosed with a four-foot split rail fence and landscaping. Vehicular and Pedestrian Access Vehicular access is obtained through an entrance from First Colonial Road and an ingress / egress easement from Virginia Beach Boulevard. Vehicular circulation appears to be adequate. There are no sidewalks for pedestrian access depicted on the plan. Pedestrian access is not required since the use is unmanned and not available to the public. Architectural Desiqn · A 200 square foot maintenance building will exist on the site. Landscape and Open Space Design The entire site, except for necessary access, is enclosed with a four-foot split rail fence and landscaping. The landscaping is a mix of Crape Myrtle trees and Wax Myrtle shrubs. The landscape buffer along the east property line is ten feet in width; along the northern property line the landscape buffer undulates in width from five feet to fifteen feet; and along the southern property line the buffer varies in width from five feet to ten feet, Evaluation of Request The request for a conditional use permit for an automobile service station (fleet fuel facility) is acceptable subject to the conditions listed below. The request is in keeping with the Comprehensive Plan recommendations for the area in that "development in this area should consist of uses that are Iow intensity, light industrial or commercial enterprises that focus on more capital-intensive rather than employee-intensive activities". The proposed use meets these recommendations. The applicant obtains corporate customer accounts for the use. The customer is issued a card to access the system for fuel. The cards are for the exclusive use of the driver of the fleet vehicle and are not interchangeable. This type of customer should not produce as high a traffic volume as the public. The facility is unmanned; all operations are Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 6 digitally controlled through a central computer system. The only employee that comes to the site is to perform routine maintenance of the site. The proposed use is not as intense as the previously approved conditional use permit for automobile repair and truck rental. The proposed use is compatible with the AICUZ restrictions and airfield operations. The applicant submitted a plan that shows extensive landscaping. The maintenance building and dumpster are located in the northeast corner of the site, ten (10) feet from the property lines and sufficiently buffered. The plan shows a thirty-five (35) feet right of way reservation for the future improvements to First Colonial Road. Traffic Engineering states the reservation must be increased to forty-five (45) feet to accommodate the First Colonial Road CIP project 2-07'2 scheduled to begin in 2005-2006. Sufficient area exists on the site to shift the reservation line. This can be accomplished during detailed site plan review. Staff recommends approval of the request subject to the conditions listed below. Conditions The site shall be developed in substantial accordance with the submitted plan titled "CONCEPTUAL PLAN FOR FLEET FUELING CENTER FIRST COLONIAL ROAD VIRGINIA BEACH VIRGINIA BEACH DISTRICT 6", prepared by Engineering Services, Inc., dated 12/20/01. There shall be no other structures on the site without review and approval of the Virginia Beach City Council as a modification of conditions of the conditional use permit. The proposed "24' INGRESS/EGRESS ACCESS EASEMENT" from Virginia Beach Boulevard to the site shall be recorded in the Clerk of Circuit Court's office before final site plan approval. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 4. The proposed freestanding sign shall be monument in style with a brick base. 5. The facility shall not be open to the general public but shall be for the sole use of specifically designated fleet customers. 6. A certificate of occupancy shall be obtained from the Building Official before use of the site. There shall be no more than ten (10) rental trucks on the site at any time. The rental trucks shall be parked to the rear of the site in the areas designated 'q'ruck Rental Area." The rental truck operation will be administratively reviewed after one (1) year for determining compliance with this condition. 8. There shall be no inoperative, wrecked or dismantled vehicles parked on the site. 9. There shall be no automotive repair on the site. 10. The site plan shall be amended to include a ten- (10) foot landscape buffer along the northern property line and along the property lines between the site and the 7-11 site. Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 7 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site 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 January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 8 I I I I I ~l i , Ei Woodfin (proposed site plan) Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. / # 6 Page 9 ii l 11 1 Ii iL&III. II I 'C1~! 1VINO'lo0 .~S~IL.-I Woodfin (proposed site plan- detail) Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. ! # 6 Page10 Planning Commission Agenda January 9, 2002 WOODFIN HEATING, INC. I # 6 Page 11 Item #6 Woodfin Heating, Inc. Conditional Use Permit for automobile service station East side of First Colonial Road District 6 Beach January 9, 2002 REGULAR AGENDA Robert Miller: The next item is item #6, Woodfin Heating, Inc. Tom Kline: Good aftemoon Mr. Chairman and members of the Commission. For the record my name is Tom Kline. I am a local attorney and I am here on behalf of the applicant, Woodfin Heating. The applicant, Woodfin Heating is a Virginia based company that owns and operates approximately 40 fleet fueling facilities throughout Virginia and they have several of these fleet fueling facilities here in the Hampton Roads area. And what we are proposing for this site is request for conditional use for automobile fuel service facility, fleet fueling facility and the nature of the operation is such that the facilities are not open to the public. They are available only for individuals who hold corporate accounts with Woodfin Oil. These are companies with individuals that have a specific card that allows them to come in and access the fueling facilities there on the site similar to the operation that was approved with respect to Diamond Springs Road. It was approved by Council last evening. All of the cards that the individuals have, the corporate owners have are individualized. They are individualized to the vehicles, they are individualized to the companies and in some situations they are individualized to the hours of operation that the individual company wants to restrict or limit the ability of the individuals to come on site and use this facility. So this is a restricted facility that we are requesting here. Now this facility will also supervised by a Woodfin employee who will visit the site once - at least everyday to engage in routine maintenance and to also to ensure that the operations are functioning appropriately. The only structure with the exception of the actual pumps that will be located on the site is a very small, approximately 200 square foot maintenance building that will be located in the upper right hand corner of the northeastern corner of the site and that structure will be solely to store maintenance equipment and an opportunity for them to drop off any equipment that they may need for purposes of servicing the site. Now, with respect to the site that we have selected, we believe that this is an excellent site for this use. It is as evidenced by this exhibit here, surrounded by commercial uses. I believe we have a 7/Eleven directly to the south of us. There is a pawn shop directly to the south of us. We also have a hardware store directly to the north of us. This site was the subject of a conditional use permit with respect to an automobile repair facility that was never been open or operated so there is no automobile repair facility currently on this site although there is an active use permit for them to do so. We have developed this site, developed this proposal working very closely with the Planning Commission staff. It comes to you with a recommendation for approval by the staff subject to several conditions all of which are agreeable to the applicant but some of the features I would like to point out as shown on the site plan are, first of all, the fact that really as indicated earlier, the only Item #6 Woodfin Heating, Inc. Page 2 features on the site are the actual fuel pumps that you will see there almost 150 feet off of First Colonial Road. There is an ingress/egress point there on First Colonial but we also have extensive landscaping surrounding the entire perimeter of the site. Currently the site is un- improved, vacant and has some gravel as the surface. Obviously, all of that will be improved with the landscaping you see and in addition to that we are proposing a white split rail fence to surround the site on all sides. There will be no canopy above the pumps. There will be no logos that will be visible from any distance. The only sign that we are proposing will be a very small monument style sign that will be towards the entrance on First Colonial Road. But many ways, as I mentioned others, this is almost a self site. It will be virtually, the nature of the use will be virtually invisible to those driving by given the distance off of First Colonial Road and also the other access to the south would be off of Virginia Beach Boulevard. So we believe that this use is an improvement frankly from what was currently approved with respect to the conditional use permit and is actually very compatible to the other uses there in the area. It will be the Comprehensive Plan with respect to this part of Virginia Beach calls for these low intensity uses that don't require a number of employees - there will be no employees on this site other than one individual that comes to look at this site on a daily basis. The traffic generations will be extremely low because this is only a facility that is available to the corporate card holders. Our users tend to come early in the morning and in mid-afternoon to service their fleets so we believe this is an appropriate use for this area. I would also indicate - I think we may hear some comments that perhaps this isn't the type of use that we would need to see here. That some would like to see - this is a use that has been introduced throughout Virginia in a number of locations on the peninsula, I mentioned the new site on Diamond Springs Road and also the Newport News area and also in Richmond and a number of locations where we have these, they are adjacent to professional office parks, adjacent to government office facilities and adjacent to other professional type operations. So we believe this is a use that works very well with a mix of other uses and also with higher end type uses that we may wish to attract to this part of town. I would certainly be happy to answer any questions. Robert Vakos: Mr. Tom Kline you have cross access to the businesses toward Virginia Beach Boulevard. Are you representing Woodfin or are you representing the property owner. Tom Kline: We are representing Woodfin. We are not here on behalf of the property owner. Robert Vakos: The reason I raise this concern is that and we discussed this when we approved the original application, currently there are some Ryder macks being parked there. I guess this is access for the mack rental operation on Virginia Beach Boulevard and I am assuming if your client is leasing it, he is leasing the entire parcel and would not allow that. I may want to add a condition, if it alright with the rest of the commission that no rental vehicles can be parked in those parking spaces along that portion toward the access toward - the cross access. Tom Kline: Well, what we have discussed with the owner of the property is the possibility of Item #6 Woodfin Heating, Inc. Page 3 them using a portion of the property that is the subject to this use permit for the storage of some - up to no more than 10 of their Ryder vehicles. And this would be on this eastern boundary where you see those 10 parking spaces. We have one parking space allocated for our employee when he comes to check on the site and also possible temporary storage of the Ryder vehicles. Now, in discussing that with the Planning staff earlier, I understand there is some question as to whether or not, since this application simply asking for the use permit with respect to fuel there is some question about whether existing authorities governing that property would pen-nit them to have that and I guess I would simply ask that perhaps if we could keep that question open with the understanding that we could try to work that out with the Planning staff. Robert Vakos: I am glad I raised the issue. So it is part of the plan to use those spaces. I was thinking, why do you need all of those parking spaces for an unmanned. Tom Kline: It is part of the deal. We are not purchasing the property. We are acquiring a ground lease on the property and part of the arrangement between Woodfin and Ryder would be that only up to 10 and no more than 10 of those spaces would be available for them to store the vehicles on the site. Robert Vakos: Mr. Scott, refresh my memory as far as Ryder, those rental tracks on this given piece of property. Are they allowed to do that now? Bob Scott: I think they are. Robert Vakos: This is part of the original conditional use permit? Faith Christie: The original use permit allows up to 10. Robert Vakos: So that conditional use permit goes away with this... Bob Scott: Well, it depends on how you want to do it. It doesn't necessarily. One way to interpret it is that the use permit is there and what they are asking here is for permission to add to it. Much like a gasoline service station that wants to add a car wash. It is a similar kind of situation. Now if, in your opinion, the rental tracks are just egregious and doesn't work with this at all and constitutes a major conflict then we would have to talk about that but it looked to us like that was not the case. That they do represent, since Council has already decided that they are appropriate and they have allowed them, the addition of these fuel pumps does not add a conflict that could not be overcome by a reasonable relationship between the two uses. Robert Vakos: Okay, but the problem we have with them right now is the fact that they haven't made the initial improvements that were required as the original conditional use permit and... Item #6 Woodfin Heating, Inc. Page 4 Bob Scott: And in order for that to be appropriate as any applicant that comes to the podium, they are going to have to do some things in the way of condition fulfillment that they told you they could do or else they can't operate. Robert Vakos: Okay, just for clarification if we grant this today then the ability to park the trucks is still there? Bob Scott: If they comply with the conditions that were precedent to the condition being granted. Robert Vakos: Alright, that explains it. Ronald Ripley: Betsy, do you have a question? Betsy Atldnson: Bob I guess I have a problem, Mr. Scott. When Mr. Vakos has to raise this issue and everyone knows how the Planning Commission feels about these Ryder trucks and other trucks, I think it would have been appropriate if we had some language in here that would have alerted us that those were part of those - or continuing to add onto this application. I am just glad Mr. Vakos brought that to our attention because I would assume that those trucks were not going to be there. Thank you. Bob Scott: Again, let me reiterate. If that is a problem. You see it as being a real conflict that bothers you, you can address that to the conditions. Betsy Atkinson: Actually, I don't have a problem with the tracks being there, I just like to have known when I was reading this application that they were going to stay. Tom Kline: I think and also if I may respond to that. I think that in our view this is certainly going to provide an enhanced environment for the storage of those vehicles as well as much as the vehicles would at this point be rather than on the gravel area where they are now, they will be on a paved surface and also delineated parking spaces behind an extensive landscape buffer and behind fencing that which currently exist there on the site. Ronald Ripley: Wil? William Din: What kind of conditions - Mr. Scott, what kind of conditions are currently applied to the rental trucks on the site. Bob Scott: Primarily it has to do with landscaping and, I believe, correct me if I am wrong, I believe it has to do with landscaping and with improvement to the site itself (inaudible). William Din: The gravel that is currently there, I guess, is allowed with the rental trucks? Or is Item #6 Woodfin Heating, Inc. Page 5 there paving already. Robert Miller: I think it says on page three the conditions that were applicable to that previous conditional use permit which have not been - I don't think they have been done at this point at all. Faith Christie: They only through informal site plan review (inaudible). William Din: One more question concerning the - how the rental operation. Is it a rental operation or is this a storage operation? Tom Kline: It would just be the storage. I understand it will just be the storage of the vehicles - rental truck storage of the vehicles on our property. There will be no rental operation or office facility on our property from which they would be rented for the benefit of those who own them to have some place to keep them. William Din: What kind of turn over do you have there? Do you have somebody going to pick them up and return them or how does that work? Tom Kline: Let me ask Mr. Darr. Michael Darr: My name is Michael Dan'. I am the realtor in the deal. As I understand it the use permit that was granted for the property that fronts the boulevard, I think several years ago, dictated that the rental tracks would be stored behind the building right above where Woodfin is and along the east boundary and we would like to maintain the storage of those rental trucks. Concerning, Mr. Din, your question, it is a normal rental track - Ryder rental truck business where they rent them out to people moving. Their business is very busy at the end of the month and at the beginning of the month and they do a very good business there with rental trucks. Dorothy Wood: They do not rent them from that location? Michael Dan': The office is on the boulevard beside the Plaza Pawn Shop. Dorothy Wood: I don't know where the Plaza Pawn Shop is. Michael Darr: It is'where the Woodfin name is. There is the old gas station there. They have the Ryder truck office there and then also the pawn business beside it. Tom Kline: So, just to clarify with respect to the application for the fuel facility that we have before you the only component of that would involve the tracks would simply be our willingness to allow them to use a portion of our leased premises to store the vehicles just in that designated Item #6 Woodfin Heating, Inc. Page 6 area as specified on the site plan. Ronald Ripley: I have got to say that I didn't understand it either. I didn't understand that the trucks were part of the application. My understanding of conditional use permits and I do understand the way Bob described it but I don't think it is written this way, thinking if you have a gas station and you want to add a use to it, it gets added to it and it is easy to follow. But this case looks like to me a change of use completely and although rental trucks are part of these types of facilities from time to time. My question, I guess is from a distance, if you are going to have traffic flowing through behind those tracks, can you tell me the measurements you have over there, the length of those parking spaces and the amount of the drive isles that you have from the standpoint of a safety point of view please? Randy Royal: Can I get the easel? Ronald Ripley: Sure. Randy Royal: For the record I am Randy Royal, Engineering Services. Also representing the applicant Woodfin Oil. The spaces themselves are about 25 feet here. The drive isle is 30 feet right here. We probably got 50 feet of maneuvering area in here for both the trucks to back up and for any vehicles that come through the gas dispensers to go out that way. Also, if I can add while I am up here and Bob, please correct me if I am wrong, but I am not sure if everybody is clear about all these permits. If I understand it correctly, there was a use permit originally for the front building for rental vehicles. I think what they were saying, what staff was saying was with that application they were told to park the trucks behind the building. The application that is in the package refers to one that was done about a year ago for an auto repair that was going to be built right here and the people that own this property up here had already been told you have got to park your trucks in the back so they told the auto repair folks we need to park our tracks in the back. You need to make that part of that application. I believe this is the third application on the property. We are kind of following up and trying to adhere to the original which said they can do the trucks from the front property. Ronald Ripley: The question regarding the length of these parking spaces, these trucks - what is the length of the trucks? Are they 25 feet? Or are they longer? Randy Royal: I would have to guess that they are 20 to 25 feet in there, yes sir. Ronald Ripley: So you don't need any longer parking areas or wider parking areas with tracks? Randy Royal: We can extend that area there, actually I don't have a dimension on that. Ronald Ripley: Would that affect your drive isle? Item #6 Woodfin Heating, Inc. Page 7 Randy Royal: It would decrease it somewhat, but as I said we still got more than is necessary. Ronald Ripley: Would you have to relocate the drive isle? Randy Royal: No, it would still stay in the same location. It would have to tie in right here. All that would happen is you might have a little more area that would stick out right there at the back of the spaces. I do not believe it would obstruct vehicular move ability in there. Robert Vakos: Randy, in case - I think what we had is we had a conditional use on Virginia Beach Boulevard which said they need to park in the back. But not on this piece of property. Is that correct Kay? Kay Wilson: Well, actually this apparently (inaudible) correct me if I am wrong, Bob, I am kind of figuring this out as we go. The first one covers at least this building here and they were told to park the tracks in the back and that was the one - that is why the trucks are there. The one for auto repair is kind of gone by the way side. This would be the third. Robert Vakos: The other one - did it include this piece of property? That little... Randy Royal: Auto repair? Robert Vakos: No, no, no, the truck rental, the storage of the truck rental. Randy Royal: I can't say but I have to believe it is. Because releasing this back part of the property there was a subdivision done by the auto repair folks to create this parcel here. Previously yes, I think it was all one. I know it was all one piece of property and most likely that was all part of the application. Robert Vakos: It probably doesn't matter now. What we are talking about today.., we are talking about Woodfin and the ability to park the cars there that was granted by the conditional use permit about a month ago and approved however months ago.. Tom Kline: If I could try to clarify this. I think it was our understanding that there is a pre- existing Use permit that authorizes the 10 tracks to be here. We weren't trying to come in here and sneak some additional requirements. I think on the site plan it was submitted that Randy Royal had prepared it showed that space is dedicated and that was the purpose simply. It was our understanding that it was pre-existing use permit. We are simply trying to substitute this new application for that while reserving the owner of the property right to continue to use those spaces in a more approved buffer. Item #6 Woodfin Heating, Inc. Page 8 Robert Vakos: It probably would have been clearer if it was a modification of conditions since we are basically changing a previous pre condition use permit. It doesn't really matter. John Baum: The problem I am having with the third conditional use permit on the same property. If you read what the conditions to the first one and Ms. Wilson says (inaudible) going by the way side, how was it going by the way side? Tom Kline: It - Mr. Baum, it is my understanding that the plan when they came in with that use permit was to develop an automobile repair facility and they had proffered a number of conditions with respect to what the features on the building would look - split face block etcetera and they had not been able to identify a tenant or a user to put it on an automobile repair facility on that site and that is why... John Baum: My point is that given the original conditions and I would like to see somewhere where this will disappear in print. Kay Wilson: Well, it doesn't really disappear Mr. Baum. I was just saying that if you approve this one and they can't do the auto repair and since they can't meet the conditions... John Baum: That is still what is not clear. I - one, two, three, four, in order and it ought to state somewhere that this does away with the auto repair facility. It does doesn't it on the record? Kay Wilson: They can't withhold the conditions. They can't put the building where they said. They can't put the site plan where they said it would be. Tom Kline: Under the proposal that we have before you we have a proffered site plan which is this site plan here which shows that the only structures that it shows would be the fuel pump and a very small maintenance shed in the upper right hand comer. Then the landscaping and the other features that we indicated earlier. Robert Miller: Tom I agree with that and my concern is and this is what I really the crux of the question is, did you need to apply again for the right to be able to.put the rental vehicles on that property and I don't see it that way because I do think we have multiple use permits on properties throughout the City so that this is your - but you are changing the conditions of that previous approval and I think that is where people - and I guess Kay, it is the question, each time do you have to apply to get the condition - to haVe a conditional use permit that was previously approved, re-approved in the next application? I don't think the staff felt they did but that is what I felt like... Bob Scott: I think that when he lays out that plan there with the spaces shown with the length of the tracks acknowledges that... I think everyone here is getting to the point to where we are Item #6 Woodfin Heating, Inc. Page 9 close to understand that it is complicated made worst by the fact that you have got three different use permits on the same property all which have different conditions and so forth, but I think we are going to have to meet with the staff and applicant together - are going to have to make it clear exactly what is going to be on the property and exactly what the conditions are and exactly what (inaudible) and exactly what has gone away. My concern is that I am not sure that all the conditions have been fulfilled from those past use permits and you want to make sure, and I think this applicant is probably in a position to make that happen. The landscaping that they are putting in is exactly more than what was in the past use permits so if he does those things I think that my concerns go away with the improvements to the site itself and will also go away but that needs to be stated a little more clearly. That needs to actually happen in the field and neither of those are happening. Ronald Ripley: Mr. Scott would you.., it sounds pretty muddy to me and it sounds like you probably need time to work that out and I hate to pass this onto Council, quite frankly, in this kind of condition. And maybe you can draft something - we have a speaker that wants to speak and maybe you ought to come up with something. But on the other hand you just mentioned something that indicated that there may be some conditions that perhaps have not been met and that you need to review those. Do you want to take more time to look at this? Bob Scott: You mean in the next 15 minutes or so? Ronald Ripley: If you can do it or defer it to the next meeting. Bob Scott: Lets take 5. Tom Kline: I would simply say, I mean Mr. Ripley, our intent and our plan is that this applicant coming onto this property now and not having been involved in the prior use permits is that we would develop this site in accordance with the conditions and in accordance with the plan that you all have before you. And condition #1 that we would be held to under this use permit in order to introduce this fuel facility says the site shall be developed in substantial accordance with the submitted plan titled Conceptual Plan for Fleet Fueling, etc., which is the plan that you all have in front of you. So, in order for us to - it is our understanding that in order for us to introduce the uses that we have in mind for this site it would have'to be developed in accordance with that plan. That plan shows only 10 spaces for and identifies for rental track vehicles. It only shows, it shows all the landscaping, the entrance features, etc. so I guess our understanding' would be that when these conditions come in if our applicant wants to come in and do this project it is going to be held to this and not in a position to rely on other conditions. Ronald Ripley: We understand that. Bob do you have a question? Robert Miller: I think the issue you are making is exactly right. The point is that the previous use Item #6 Woodfin Heating, Inc. Page 10 permit references another drawing with another set of conditions, thereby another set of conditions and that is where we are straggling to find out how those two since up with each other to make sure nothing is left out of the previous conditions since the drawings are not going to be the same in no way shape or form and no intention to be. Tom Kline: And I appreciate it. We would be happy to work with the staff in the next few minutes to try to come up with an additional condition to clarify that so it would be clear that what you all are approving and acting on and once approved by Council would be the plan that we have before us. Dorothy Wood: Mr. Kline I looked at this and I thought it was all Woodfin and I did not realize and I can see something written here and it probably says track rental on page 12, I think it does say track. Would you be happy to have just the Woodfin portion without - if we took off the track rental portion or does it all have to be one. Tom Kline: My understanding is the nature of the transaction and the ground links that have been negotiated between Woodfin and property owners allows them to have these limited sites on the property and that was part of the arrangement that allows us to come in and make the kind of improvements in this location and I checked, while you asked that question earlier I did check to clarify if that is indeed one of the integral parts of the transaction and my understanding is that it is. Betsy Atldnson: If for some reason you don't come to terms financially on this piece of property or you don't get approval, Mr. Scott, do we go back to the previous conditional use permit - it still stays in force? Bob Scott: Conditions aren't being fulfilled. The use permit is going to expire. Betsy Atldnson: Yeah, but right now it is a good use permit it has not expired. I think we would be more comfortable with it if there was a condition in here or somewhere that says the other use permit expires or goes away or somehow get rid of it because if something happens and don't go forward then we are back with the other conditional use permit which is still a good use permit. I guess that is where we are straggling with that. Speaker: I talked with the owner and they were willing to give up that use permit - I talked with them an hour ago. Betsy Atkinson: An hour ago. Is that possible to make that a condition of this. Bob Scott: It needs to be clarified a little more than that but it is a step in the right direction. Item #6 Woodfin Heating, Inc. Page 11 Charlie Salle: I think you probably answered the question if they are willing to do that because my concern was if this doesn't get built and give up the other one I am not sure where we are now. At any event if they are willing to give to it up. Ronald Ripley: Can we hear the opposition? Will did you... ? William Din: One more question of Mr. Kline I guess. It appears to be three accesses to this piece of property here. Is that a drive isle to Virginia Beach Boulevard? Randy Royal: This is a drive isle to Virginia Beach Boulevard, we have got that. We have got First Colonial Road and that is all. William Din: What is the other piece right there behind the parking area into the property there. Randy Royal: Right here? That is just a reserve area behind the building. William Din: Is that not an access to that property also? Randy Royal: Not intended to be. There is not... There is a gap here between the 7/Eleven and that area. It is just an area in behind the building there. William Din: But your landscaping doesn't go across there, I was just wondering why... Randy Royal: So that there is an opening to utilize this area back here. John Baum: Was this written by lawyers? Michael Dan': If I am correct, the previous use permit when they obtained the rental truck storage, the rental truck on the property on the boulevard, there were two areas designated for rental tracks. This was one of the areas and this is one of the areas. And in the lease ground lease agreement we have maintained this as a rental track area storage and this as a rental truck area storage. William Din: So you can go between the two areas? Michael Dan-: They were going to access that by this - coming up here with the rental trucks. Pulling them in here and also parking them in here. The rental trucks come in the front and drop off and then the pull them up here and that is where they park them now and they park them along here right now. But most of the rental trucks today are parked along this area. Item #6 Woodfin Heating, Inc. Page 12 Charlie Salle: Is there any maintenance done on these tracks in that parking area? Michael Darr: No sir. Tom Kline: It is simply storage. Ronald Ripley: We have Brace Gallop signed up to speak on this matter too. Randy Royal: Do you want us to maybe work with staff while Brace is speaking to try to come up with some language. Ronald Ripley: That would be good to clear up the mud a little bit. Bruce Gallop: Good afternoon my name is Brace Gallop. I am here on behalf of myself and my mother and we are in opposition to this application. I have an exhibit to put on the pedestal here. It is not quite pretty as the one before you but it will do the job I think. We are against this application because we don't feel that it is the highest and best use of the property. My mother and I own a little office park right here. This is the Woodfin site. This is First Colonial Road, the interstate, Laskin Road, Hilltop, I think pretty much everything north of the interstate is considered Hilltop. Everything south is considered Oceana. As I understand this application the Woodfin is going to basically lay down one acre of asphalt and have three gas pumps sticking up in the middle of it with 10 moving vans parked in the rear and a five foot fringe of plants around the edge of it. That is a very industrial type use in nature. He is going to service contractors fleets, delivery tracks, moving vans, tractor trailers and heavy equipment. It is not open to the public. These aren't passenger cars. The staff had recommended approval and I believe it is a mistake in this recommendation because I am just going to read part of it to you. It says the request is in keeping with the Comprehensive Plans for this area. Development should be consistent uses of low intensity, light industrial. That is on page 8 but on page 6 comprehensive plan recommends that this area retail and service uses. The light industrial recommendation really refers to the area south of Virginia Beach Boulevard so I think that is a mistake. I don't think that is a reason to recommend for approval because the Comp Plan doesn't recommend that for First Colonial Road. Other parts of this write-up says that First Colonial Road is in a transition in this particular area. I am here to try to get it to transition the way I like to see it transition as opposed to the way the write-up has gone. In my opinion I believe that Oceana is about to change and the reason I say that is because of the construction of First Colonial Road. First Colonial Road is basically a divided highwaY all the way down to Virginia Beach Boulevard right now. They started construction of First Colonial Road through Oceana will have a four lane divided highway all the way from here all the way to General Booth Boulevard. Construction fight now started at the south end and they are right at this point right now. In fact if you drive down First Colonial Road you can look right down the road. The curb and gutter and drainage and stone is in and they are getting ready to make an interchange here with this part of Potters Item #6 Woodfin Heating, Inc. Page 13 Road, First Colonial Road that will connect at this point. In my opinion, once this road is open and should open later this year, I believe this whole area is going to change. First Colonial Road by being a four lane divided highway, and parts of it by the air base is 55 mph. This is going to be the quickest most direct route to General Booth, Sandbridge areas of Virginia Beach. That is where all the growth is going. I feel to have an industrial type area right as citizens come off of the main route into Virginia Beach and you go through an area that kind of industrial type uses as they approach the southern part of the City which is developed very nicely - the General Booth Boulevard, they have done a great job on that - Sandbridge all those areas are developing with some nice houses, upscale, golf courses, I don't really think this is the highest and best use of this property to have this type of use right when you come off the interstate and you drive through a fleet sales of gasoline or a used car or truck rental. I don't believe that is right. On this map that I prepared, I looked up some of the property values on the Intemet. That vbgov site is great you can get all kinds of information but just to illustrate, the property to the north of the interstate roughly assess at $400,000 an acre. Admiral's Hardware assesses at $200,000 acre. As you cross underneath that express way, property values drop in half. The staff recommendation is that this site, this use is in keeping with something developed here. I don't really think it is in the best interest of the City and me in particular to bring uses that result in lower property values. I think that we should let this area which is zoned B-2 exactly like Hilltop. Hopefully this new route to the southern part of the City will pull these types of uses this way and that has always been my hope since I have owned this property and I think that is what is going to happen. I think once First Colonial Road opens and this becomes a very smooth flowing road to the southern part of the City, I think these values are going to go up. I don't feel that we should encourage these types of industrial uses right now. I think this area is going to change. I think we should encourage uses that are going to hopefully, raise the value of the property to the Hilltop levels and beyond and not try to encourage uses that are light industrial and generate lower property values. Again, this use is - there is no employees. There is no structure. It really is no tax base. They are going to tax the land and that is about it. For all these reasons I stated I really don't think this is the best use of the property and I think you should be allowed to develop B-2 and I think once this expressway opens up there is going to be great demand for more space in that area. In my years of owning this property across the road, the 20 years, we always been rented out. We put up a sign for rent I get lots of calls. There is a lot of people looking for space. I told the man across the street if you just put up a sign you will be surprised how many people would call looking for space. I don't guess he wants to manage commercial property. I think from my own experience on the road and my observations, the highest and best use of this property is the B-2 retail, personal service type use and not this industrial type use. I would be glad to answer any questions. Robert Vakos: First I know when the previous conditional use permit that we keep talking about, the one, the most recent one when we went to City Council they spent a lot of time talking about some of the same things you did as far as the character of the area and what they would like to see and the public investment or what not. They ultimately approved the application for the auto Item #6 Woodfin Heating, Inc. Page 14 repair and the storage of the Ryder trucks. Are you still opposed to it when it is all said and done? Brace Gallop: I felt at that time I was fighting a pretty much uphill battle and I didn't want to take a position that I was going to oppose everything so I opposed the thing that I was most, the biggest problem with it was the used car sales. In fact, the applicant had tried to sell used cars there without a permit and generated a lot of problems, but as I look at this First Colonial Road right of way and it has really changed by perspective, when you look down that road you can see all the way to the woods behind the byo sand pit. It is a big vista. Hilltop is high. When you look down at the land (inaudible) it has changed my whole opinion of how quickly this is going to change and I really don't think that auto repair, truck storage, used car sales, fleet sales, tattoo parlors or any of that belongs in this area right now. I think this area is going to change and I think it is going to change for the better. Robert Vakos: Okay, thank you. Robert Miller: Hey Brace, one thing. Since the existing use permit, I mean, there is an existing use permit or at least we seem to think there is one. Bmce Gallop: I don't know if it is active or not but it is there. Robert Miller: Well it is there and somebody mentioned that I think there has been a site plan application and I don't think it has been finalized. If that were to happen the Ryder tracks would have been there. The car repair facility and things like that, and I do agree when I think about that now in hindsight that is probably more industrial than my overall preference would be and some of the things you were saying, I do agree with what you are saying and there is some sensitivity in that. There will be a change. I don't know if it is as drastic as you would like for it to be and 100% return on that value of land but that being - I think what you are arguing for is the quality of the issues that are going to be in Oceana and what is going to be there. I don't see Wood fin as an industrial site per say. You mentioned tractor trailer tracks and I had not even considered that. I am going to ask Tom again to clarify but I don't see a facility that is basically below ground, as you said, as being totally an industrial type use. I think there are places for this kind of use in our City and I think they need to be on a major corridor so that there could be good access to it and so forth and in that respect I do - I see it as more of a utility need than I see it as an industrial type and I don't see it as anything near and a front to any of the businesses in the area quite as extreme as you said. Now if your issue is about the tracks, I think that if you go back to the fact that there is already a use permit there and that really has already been done. I understand that perhaps you still have concerns about those. As far as the landscaping and the five footed area, maybe that is something that needs to be discussed and improved at least on the site itself that there is a better... I think I understand what you are saying overall and I am sensitive to the fact that you are correct about some of it. We are in the acuiz and we are in some Item #6 Woodfin Heating, Inc. Page 15 cases the designated zonings around the air field are not allowed as much of perhaps some of the positive things you would like to happen. I don't mean that it would be negative but it may not happen as quickly as you are wanting it. And I think the road condition there is going to make a tremendous change in the way the people access the southern part of the City just like you said. I don't have the problem with Woodfin. Perhaps there could be some better landscaping and again, I don't see this as industrial and we will find out if Tom thinks tractor trailers are going in there or not. Bruce Gallop: I want to share one more thing and then I will sit down. Just before Christmas a real estate broker approached me of a used car deal and wanted to go very, very near this Woodfin site and what was my position. Of course I was against it. Right after that the sign went up and the fleet sales use was proposed and I just feel like if this use is approved and the used car guy wants to come next door and he says I just want to go up next to a fleet sales, you know, why is this such a bad use? I am just trying to protect my investment and also I think you encourage more valuable use of this property I mean it is right at the entrance. First Colonial Road probably generates more retail sales than any other road in Virginia Beach. Right at the interstate the connections to the rest of the world. This property is just too valuable for that in my opinion. Ronald Ripley: Any other questions? Thank you Mr. Gallop. Mr. Kline would you like to rebut. Tom Kline: Thank you we have talked briefly with the staff and one additional condition we would like to propose to clarify what we are doing here is an additional condition that would specify that no automobile repair facility shall be permitted on the property. So it is clear that it shall not be an automobile repair facility and what we are submitting here is a proposal that you all have before you as we discuss.., we are happy to make that clear so that there is no misunderstanding that what we are proposing here is this fleet fueling facility. And we believe, in response to Mr. Gallop, that this represents a significant improvement over what is there. Significant improvement over what was previously improved for that location. This is a use that has been compatible with other professional uses and other uses in other parts of Virginia. As I mentioned we have one on Virginia Beach Boulevard near Mili .tary Circle and that is next to a Virginia Employment Commission Facility, across the street from a Virginia Natural Gas facility. We have one of these facilities also in Newport News and the Newport News airport corporate park. It works very well within that environment too. We believe, as I mentioned earlier, that this is almost aself use, if you will, in that we will have the landscaping and all we are introducing are these additional fuel pumps that will accessed by approximately 100 to 150 users and maybe a (inaudible) quite a bit less than the numbers you would expect with other types of B-2 uses. And we believe it is a use compatible with that area. I know that in the Hilltop area we have gas stations and Hilltop, this isn't a gas station. This is just a fleet fueling facility. It is well landscaped. It is significantly setback from the public rights of way. Limited only to the Item #6 Woodfin Heating, Inc. Page 16 members and we believe fully compatible and if I can mention the Comprehensive Plan. The Comprehensive Plan for this area calls for businesses that are not employee intensive. So this is entirely consistent with that. It calls for uses that are low intensity uses. Again, this is a very low intensity use. We believe it is appropriate. We certainly believe it is an improvement and be happy to answer any final questions. Robert Vakos: I don't have a question. I just got a comment. I am still wrestling with these conditions and the separate conditional use permit and as I look at it I see that some of the conditions are duplicates. Like number 4, about the monument sign, that is in the other condition and that is in this one. As far as the trucks are concerned, is there any problem with adding condition//5 of the other conditional use permit to this one so that there is no misunderstanding about the use of the trucks. #5 says there is no more than 10 tracks there and that the rental operation should be reviewed after one year. Just to help clarify this particular conditional use because there is some duplication and I think for the layman and certainly the commission didn't understand that we are actually adding to a previous condition. Can we do that? Tom Kline: We have no objection to that. The only comment that I have is, I believe one of the earlier use permits also allowed some storage of the vehicles down in this area which technically would be part of our leased premises. Robert Vakos: No, I thought that was the... I am only talking about the site that you got. There is 10 spaces right there. Tom Kline: We can certainly specify that it would be limited to 10 parking spaces as shown on the site plan. Robert Vakos: And also the one you reviewed. Obviously that was important in the other application and probably still important in this one that there would be a one year review. This one that was passed most recent//5 says, no more than 10 rental vehicles on the site anytime the rental trucks would be parked in the rear of the site in the area designated as the track rental area which is done. The rental truck operation will be administratively reviewed after one year to determine the compliance of this condition. I think for the purpose of clarity for us to pass onto to Council that we ought to add that to this conditional use even though it is redundant but there is some other redundancies in there. You have a problem with that? ToTM Kline: I have no objection to that. Robert Vakos: Kay, is that appropriate Mr. Scott? Kay Wilson: That is fine. Item #6 Woodfin Heating, Inc. Page 17 Bob Scott: That is fine. Dorothy Wood: And six and seven also? Robert Vakos: That applies to the auto repair facility. Tom Kline: We have not objection to applying that here. Robert Vakos: That has to do with the auto repair, I think. Betsy Atkinson: So we will have the 10 tracks there and that is all the trucks you are going to have including no other additional trucks in that area there? So it won't be 20 trucks? Ten there or 10 over there? Tom Kline: My understanding is that of the area of the site that we are improving, it would be limited to 10 trucks, in that area here. Of this reserve area back here there would still be the ability to have some additional trucks there under the previous authority under the previous use programs. Betsy Atkinson: Even if it says there will be no more than 10 tracks on this site. Talk to me about tractor trailers. Most of the vehicles that will be refueling at this location. I can see three or four huge tractor trailers lined out on First colonial Road waiting to get in, if you are servicing 150 of these tractor trailers a day. Are we talking about like heating and air conditioning van or little vans like that or are we talking... Tom Kline: My understanding is that tractor trailers constitute a very small percentage of the vehicles that they use. Maybe 5% at most is the understanding that I have. But the vast majority of the vehicles that we would have here are vans and other types of corporate vehicles. But the tractor trailers are representing a smaller pement. Randy Royal: Ms. Atkinson I would like to add to that. In previous applications the same question has come up. It is around 4% of the volume. It depends on the area he is in. Whether there are a lot of tractor trailers around that area. I don't know that there necessarily are. There are delivery trucks but not really an industrial type area where a lot of tractor trailers are. And on the item on the rental trucks that you were talking about, I think what we need to - the site plan is gone - there we go. Slow down. We have got spaces over here. We have got spaces in here. But the conditions that you proposed from the previous application limited to no more than 10 rental trucks is fine. It is just that it will be in the spaces or behind the building, but 10 is fine. Betsy Atkinson: Right. I think that is what I understood. Randy what is the average size of the trucks. Like... IteTM #6 Woodfin Heating, Inc. Page 18 Randy Royal: Which trucks, the rental trucks? Betsy Atkinson: That will be refueling. Most of the refueling tracks. Randy Royal: Most of the refueling you actually have people with regular passenger vehicles. You have vans, delivery tracks, whoever has got a fleet. My company, we have got survey tracks. I have got engineers that drive vehicles. We have probably 8 to 10 vehicles. That is the type of customer they have. I might want my people to use that instead of going to the 7/Eleven or Amoco or Texaco. The vast majority of their customers are standard size vehicles. He does have some tractor trailers. He doesn't want to tell if he has got somebody coming from Richmond to deliver and they got an account set up there, he would like for those guys to be able to come in also. But he does not cater to the tractor trailers. Betsy Atkinson: Turning in and out. How would you see the tracks coming in the site and leaving the site, typically. Randy Royal: Coming in from First Colonial Road, going through and coming out this way - and I have lost the rest of the site, but coming down Virginia Beach Boulevard and making a right. Basically, I lost it, basically making a loop. The highway is back up here which is where they should be coming from so they are going to be coming out and most likely doing that and going back up there. I can't see any reason for going back this way down towards the beach. It makes no sense. Betsy Atkinson: And they probably will not be coming in off of Virginia Beach Boulevard going that way? Randy Royal: They could. It is conceptual they could. This is the main entrance. This is more of a secondary, an exit point if you will. We didn't want vehicles trying to turn around in here and go back out the same way. All of these would generally have two access points to go in and out so that you don't have to mm around inside. Betsy Atldnson: You probably don't expect a lot of left tums off Of First Colonial Road. Can you make a left mm out of First Colonial? Randy Royal: No, no. You have a median here. Betsy Atldnson: I have no other questions. Robert Miller: I am a little troubled by the tractor trailers. I didn't realize we had tractor trailers. Maybe the last application I forgot to ask that. 5% is a general statistic for what they are using in Item #6 Woodfin Heating, Inc. Page 19 their other facilities is what you are telling us? And the question - one of the problems that I have got and straggling with this is that you are leasing this entire piece of land, correct? Land leasing? Show me what your land is... Randy Royal: We are leasing this L shape right here. Shortly after the previous application for auto repair, they did a subdivision plat and created tiffs parcel. Previously it included all of this here. Our application does not include this property. Robert Miller: But you are not leasing where the BMP is or this other? Randy Royal: We are leasing that yes. Robert Miller: You are leasing the entire parcel then? Randy Royal: Yes, sir. Robert Miller: Okay, I guess I am questioning why we are not doing landscaping around the entire lease site even though I know that some of that is behind the one building. I think the question that Bruce was - the comment that he made with regard to 5 foot landscaping strip has really faded out from a very large landscape strip on First Colonial down to 10 feet down to 5 feet from what I am reading anyway. Randy Royal: We can increase that there if you like. Robert Miller: What I am saying, I am wondering why we don't run the line of the land lease right there. Randy Royal: Yeah, that is fine. Again, we talked with staff and they said running around the perimeter similar to the previous application and that is what we did. We matched the previous application but we have got no problem with running that down there and we could probably make that a 10 foot strip similar to a street frontage landscaping dong there. Robert Miller: And the last question I have is there no proposed improvement to the surface that is behind the building where these other trucks, Tom, as you had mentioned are previously or were able to park before. Is there a reason why that was done? Tom Kline: It is just missed, it is going to be paved. Robert Miller: Oh, it will be paved? Item #6 Woodfin Heating, Inc. Page 20 Tom Kline: Yes. Dorothy Wood: I want to ask a question of Tom. Tom you did say that there would be those 10 tracks plus other tracks. Randy said that there was only 10 total so I would like to... Randy Royal: Right and I clarified that to make sure that there are 10 rental trucks total. They maybe in those spaces and they may be behind the building, but 10 is what we need to comply there. Charlie Salle: I have a question for Randy or Tom. Does your lease include the continued access to Virginia Beach Boulevard because it goes beyond your property? Tom Kline: One of the requirements is that - one of the requirements of the conditions is that we must have a recorded access agreement. We are discussing that with the property owner. Yes, it is our understanding that the lease will include access directly to Virginia Beach by easement. Charlie Salle: Mr. Scott, if for some reason we approve this use permit and they are unable to obtain that recorded access agreement, does that have an impact on it. Michael Darr: (From the audience) The owners own both parcels. Charlie Salle: I understand that what I am saying is that if it were approved and maybe it is an economic issue and that you wouldn't go in there without it, but if that access were not included would that change your view of this application. Bob Scott: It could. I am going to just guess this is theoretic, but suppose they couldn't obtain one of the easements or access points that they told you they were going to have, I don't think we ought to say, oh well, okay, it is really what you think is important. This is really a critical issue in your deliberation then you would probably need to bring the matter back for your further consideration if you find out that can't be obtained. Charlie Salle: Well, I would think it would be an important access to have. It might be an economic issue but I would like to have some assurance that if it didn't contain a continued then we would have some review of this. Tom Kline: Mr. Salle I believe one of the conditions that we agreed to is a condition that says that we must, in order to obtain final site plan approval, condition #2, the proposed ingress/egress easement for Virginia Beach Boulevard shall be recorded in the Clerk's office. So one of the conditions that we have is in order for us to obtain our site plan approval, we have to have that recorded easement agreement and that is part of our discussions and negotiations with the property owner who owns both properties fronting on Virginia Beach Boulevard and the parcel Item #6 Woodfin Heating, Inc. Page 21 that we are leasing from him so that is certainly part of the deal that we are negotiating with them. Robert Vakos: And Kay, just for further clarify this and what Charlie bought up, if in fact they can't meet these conditions and they have to come back and get a modification of conditions if they can't meet number two. Kay Wilson: Uh huh. (YES) Robert Vakos: Okay so that - we would see it again. Ronald Ripley: Anything else? Tom Kline: Thank you all very much. Ronald Ripley: Discussion? Robert Miller: I will go first. One of the things that Brace brought up which is certainly a point to be taken very, very seriously and to account to what we want to happen to this area and I think I felt like this use was an appropriate use. I am a little troubled by the tractor trailer but I think I am going to probably get over that pretty soon. I would like to have the landscaping as Randy implied in his plan, re-done so that when you go to City Council that it does represent and I don't know if there is any legality that I am violating by so stating but that it would show a 10 foot buffer and I will be specific between the area that is behind the owners, I think we said it was a pawn shop and other things and between them and the 7/Eleven and also on the north side adjacent to the area which is now the hardware store that that would be 10 feet. It looks to me like there is room to maneuver the site in such a way that you get those types of landscaping. I think the landscaping of First Colonial certainly looks like the picture and so forth that we have and is well done. The truck rental issue, and I think what I am troubled with here is the redundancy, as all of us are, with the use permits. The bottom line, the only fear that I have got is that we approve this and by some reason or another it does not get done and we are still going to have tracks parked out there on this gravel in some form of an appearance of approval, I guess. I don't know what we have. It feels very awkward that we have got use permits that are being granted. And I have always understood to make that use permit come tree you have had to conform fo the conditions which is exactly what has been said today by staff and everybody else but I feel like we keep this site keeps coming back uP again and some kind of drop dead needs to land on his head. When this thing is going to happen because the tracks are there. When I was by I have seen them several times and I know that they have been there, several if not many an occasion. So I just feel like we have the potential to do something that is not a detrimental to what Brace's concerns are and ours too as far the City goes in this area. I think Woodfin is a great corporate client and a great contributor to the community so I am really - I like them. I just Item #6 Woodfin Heating, Inc. Page 22 think that the site needs to be very carefully handled to make sure that we actually get what we want this time. Not the several iterations of gravel parking lots and Ryder tracks parked out back. Ronald Ripley: Any other questions? Joseph Strange: In all the confusion the way I understand it and what it boils down to there is a conditional use permit on there for a repair facility and the parking. Is that correct? Ronald Ripley: That is correct and they have to develop it to meet that - to be able to use it. Joseph Strange: But it is there. I guess the question I have for the opposition would be why would they rather it be develop as a repair facility rather than as a fleet facility or maybe I am off base here. It can be developed with the conditional use permit now as a repair facility and the parking for the vehicles. Is that correct? Ronald Ripley: It is correct Joe but if I - I am not speaking for the opposition, they certainly can speak for themselves. I don't believe that they have supported that through the whole process. I think they were opposed to that also. Joseph Strange: I understand that but if this didn't go through this is still in place. That still could be developed that way so they would - it is like they end up with one of the two possibly. One of them has already been approved. Ronald Ripley: That is possible. Joseph Strange: And I would like to hear the opposition to kind of address that to me. It looked like to me that as far as the parking was concerned within a year that could disappear. Ronald Ripley: Bruce do you mind coming back up? Bruce Gallop: Not at all and I appreciate you all asking me back up. I have the original, the previously approved use permit plan here and I apologize. It is very small but what (inaudible) had agreed to was to put a repair shop right here in this area which came about halfway across. This was going to be a brick front. In some respects to me that is more desirable because that, between the landscaping and this brick front and the drive isle it shields even more of this property from the people who use First Colonial Road. Enginuity has some very nice repair shops. There are some very nice repair shops. This site is a sea of asphalt with three pumps sticking up in the middle and I don't like t. I don t, I appreciate you all op~mon but I just don't like it. Since I have got the podium I am going to ask one more thing that if you could add an additional condition similar to what was opposed on him originally that there will be no Item #6 Woodfin Heating, Inc. Page 23 inoperative wrecked, dismantled vehicles parked in the parking area. Again, the other owner is a pawn shop. He takes a lot of stuff in as trade and I just would hate to see a whole bunch of stuff piled up back here in this mysterious reserve area. Not just tracks or any other things that may come through those pawn shop doors. I do think a repair shop would look better from the road with a brick front facing First Colonial Road. Joseph Strange: So you do understand that could be developed if you prefer that over this? Bruce Gallop: That is what I wanted to clear up in my mind. Ronald Ripley: Any other question? Yes Dot. Dorothy Wood: Can we add a condition that there will - I know that the other site has already been approved behind the Ryder site that is there now, but can we add a condition, Kay, that there will only be 10 trucks total. Kay Wilson: We did. Dorothy Wood: I meant... Robert Vakos: We can't condition the other site. She is talking about the storage area that is not included in this site. Kay Wilson: I was confused also. But I think and at least from what I am hearing there will only be 10 total behind or there and that is the site includes that area. When number 8 - number 5 talks about the site, that includes that area. Dorothy Wood: It talks about the other site. Robert Vakos: Is there more discussion? I was going to make a motion to approve the application including Bob Miller's comment about the 10 foot landscaping as he has delineated. I guess that would be in addition to #1 since that involves the site. plan. And I would also include two additional conditions, #7 and 8 and #7 would reflect number 5 as far as the number of rental vehicles on the site and the fact that there is a one year administrative review as was proposed in that condition. And then Mr. Gallop recommended as I agree, ~6 of the original would now become #8 that there would be no inoperative or wrecked parked in the parking area. That is probably suffice because the rest of that condition talks about inside the building and there is not really a building there except the storage shed. Did I get everything? Kay Wilson: How about no auto repair facilities are permitted on the property? Item #6 Woodfin Heating, Inc. Page 24 Robert Vakos: Okay. Kay Wilson: That would be number 9. Ronald Ripley: Okay we have a motion on the floor that has conditions stated 1 - 6 and we added a condition for landscaping and the 10 track rental and no operative direct or dismantle and no repair work done on the site. We have a motion, do we have a second? Motion made by Bob Vakos and Dot Wood I believe, did you second that? Dorothy Wood: Yes. Ronald Ripley: So the motion is open. AYE 11 NAY 0 'AILS 0 ABSENT 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: Motion passes. Kay Wilson: By a vote of 11 to 0 you have approved the application. Applicant's Name: List All Current Property Owners: DISCLOSURE STATEMENT lgoodfin Heating. Ina Ho~ Post L. LC. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) R~af"%nd Hogan - Manager Dan,el Poston - Manager If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all m~ ers 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 if necessary) ...Anne C. Woodfin - Chariman $ohn H. Woodfin - President $ohn H. Woodfin, Jr. - Executive Vice President $.Usanne W. Vallani - Secreta~ R. Reaves Louthan - Vice President Th ~s B. Porterfield- Vice President [f 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, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signatu~ ~ Thom~ B. Porterfield Print Name Rev. 9~15~98 Map I-8 Blue Horseshoe Tattoo Two · Oceana Naval I- 1 Air Station C~in 1496-89-9764 ZONING HISTORY 1. Conditional Use Permit (Automobile Repair) -Approved 5-22-89 Conditional Use Permit (Pistol Range) - Approved 4-24-89 Rezoning (R-$3 Residence Suburban to M-I I General Industrial) - Denied 7-13-70 2..Conditional Use Permit (Communication Tower) - Approved 12-12-95; 1-23-96 3. Conditional Use Permit (Automobile Repair and Car Wash)- Approved 5-14-91 4. Street Closure -Approved 3-28-00 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Blue Horseshoe Tattoo Two, LTD, Conditional Use Permit MEETING DATE: February 26, 2002 Background: An Ordinance upon Application of Blue Horseshoe Tattoo Two, LTD, for a Conditional Use Permit for a tattoo studio/body piercing facility at the northwest corner of the intersection of London Bridge Road and Bowland Parkway (GPIN #1496-89-9764). Said parcel is located at 513 London Bridge Road and contains 1.272 acres. DISTRICT 6 - BEACH. Considerations: The applicant is requesting the establishment of a tattoo studio / body piercing establishment in 3,250 square feet of an existing retail building located at the northwest corner of the intersection of London Bridge Road and Bowland Parkway. The applicant will employ four tattoo artists in the unit. The hours of operation will be Monday through Thursday, 10:00 a.m. to 10:00 p.m.; Friday and Saturday, 10:00 a.m. to Midnight; and Sunday, Noon to 8:00 p.m. The applicant will also have body jewelry, silver goods, and clothing for sale in the unit. The Planning Commission placed this item on the consent agenda because the proposed establishment meets the requirements of Section 242.1 of the City Zoning Ordinance pertaining to conditional use permits for tattoo studios, staff recommended approval and there was no opposition to the request. 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 conditions: The conditional use permit for a tattoo / body piercing establishment is approved for one (1) year. The applicant may reapply for a conditional use permit pursuant to the provisions of the City Zoning Ordinance, and this re-application may be made before Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A~iency: Planning Department City Manager~~~.~~ Blue Horseshoe Tattoo Two, LTD Page 2 the termination of the one (1) year period. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. No signage more than four (4) square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including neon signs or neon accents installed on any wall area of the exterior of the building, windows and / or doors. 4. The actual tattooing / body piercing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 5. The hours of operation shall be 10:00 a.m. to 10:00. p.m., Monday through Saturday, and 12:00 p.m. to 8:00 p.m. on Sunday. 6. The following conditions shall be accomplished before occupancy of the building and issuance of the business license: a. The parking area in front of the masonry building shall be re-striped to show twenty-two (22) parking spaces, including one handicap parking space. Category One screening, according to the Landscaping, Screening and Buffering Specification and Standards, shall be installed along the edge of the parking lot curb, on both London Bridge Road and Bowland Parkway. Foundation screening, according to the Site Plan Ordinance, Section 5A, shall be installed along the entire length of the building wall that is parallel to Bowland Parkway. The foundation screening along the building wall parallel to London Bridge Road may be accomplished with planters. 7. The applicant shall obtain a certificate of occupancy for the change of use in the building from the Building Code Official. BLUE HORSEHOE TATTOO TWO / # 7 January 9, 2002 General Information: REQUEST: Conditional use permit for a tattoo studio / body piercing facility ADDRESS: The northwest corner of London Bridge Road and Bowland Parkway, 513 London Bridge Road M~ ~._,. Blue Horseshoe Tattoo Two Oceana Naval ~4ir Station Crpin 1496-89-9764 GPIN: 1496-89-9764 ELECTION DISTRICT: 6 - BEACH SITE SIZE: 1.272 acre, or 55,408 square feet STAFF PLANNER: Faith Christie PURPOSE: The applicant wishes to establish a tattoo studio / body piercing establishment in 3,250 square feet of an existing retail building located at the intersection of London Bridge Road and Bowland Parkway. The applicant will employ four tattoo artists in the unit. The hours of operation will be Monday through Thursday, 10:00 a.m. to 10:00 p.m.; Friday and Saturday, 10:00 a.m. to Midnight; and Sunday, Noon to 8:00 p.m. The applicant will also have body jewelry, silver goods, and clothing for sale in the unit. Major Issues: · Compliance with the requirements of the City Zoning Ordinance, Section 242.1 and in Chapter 23 of the City Code pertaining to tattoo / body piercing Planning Commission Agenda January 9, 2002 BLUE HORSEHOE TATTOO TWO / # 7 Page I establishments. · Compatibility of this use with the surrounding uses in the area. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq A one-story block building, a one story metal building and parking areas occupy the site. Currently Bay Screen and Graphics occupies a portion of the block building. The site is zoned B-2 Community Business District. Surrounding Land Use and Zoning North: · Office uses / I-1 Light Industrial District South: Bowland Parkway Across Bowland Parkway are Office / Warehouse uses / B-2 Community Business and I-1 Light Industrial Districts East: London Bridge Road Across London Bridge Road, United States Navy property / I-2 Heavy Industrial District West: · Office / Warehouse uses / ~-1 Light Industrial District Zoninq History In 1970, a request to rezone the site from R- S3 Residence Suburban to M-I 1 General Industrial District was denied. From 1973 to the present the site has been zoned B-2 Community Business District. In 1989 two- (2) conditional use permits, a pistol range and an automobile repair establishment, were approved on the site (# 1 on the map). Ma~ 1.-8 Not to Scale Blue Horseshoe Tattoo Two Oceana Naval Air Station Ggin 1496-89-9764 Planning Commission Agenda January 9, 2002 BLUE HORSEHOE TATTOO TWO / # 7 Page 2 Several variances for parking and landscaping were granted on the site in 1989. Currently Bay Screen and Graphics occupy the site. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of greater than 75dB surrounding NAS Oceana. The United States Navy requests that the applicant be made aware that high-performance fighter aircraft routinely fly over this area at all hours of the day and night. This flight activity produces very high noise and vibration levels in this area that could affect the' applicant's operation. Natural Resource and Physical Characteristics The site is impervious, covered by building and parking. The site is in the Resource Management Area of the Chesapeake Bay Preservation Area. Public Facilities and Services Water and Sewer Water: There is a twelve- (12) inch water main in London Bridge Road fronting the site. There is an eight- (8) inch water main in Bowland Parkway on the south side of the site. The site has an existing 5/8 inch meter that may be used. Sewer: There is an eight- (8) inch sanitary sewer main in London Bridge Road fronting the site. There is an eight- (8) inch sanitary sewer main in Bowland Parkway on the south side of the site. The site has city sewer. There is an eight (8) inch water main and an eight (8) inch sanitary sewer main in a 30 foot wide ingress / egress easement, which also includes a 15 foot wide utility easement, on the north side of the property. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): London Bridge Road, in front of the site, is currently a two-lane undivided minor arterial (suburban) roadway. The roadway is shown on the Master Transportation Plan as a 100 foot wide divided roadway with a bikeway. CIP Project #2-137-000 Great Neck Road / London Bridge Road Phase III will improve this roadway to a four lane divided highway with a bikeway. This improvement will improve the current level of service E to a level of service C-D. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 710 - 16,200 18,681 ADT ~ Existing Land Use =- 132 London Bridge Road ADT ~ (Level of Service Proposed Land Use 3_ 89 C-E) Average Daily Trips 2 as defined by retail use 3 as defined by Tattoo Studio/Body Piercing Planning Commission Agenda January 9, 2002 BLUE HORSEHOE TATTOO TWO / # 7 Page 3 Public Safety Police: Fire and Rescue: The Police Department recommends the hours of operation should be consistent with the previously approved tattoo studio / body piercing establishment. That establishment closes at 10:00 p.m. The Fire Marshall recommends a requirement that the applicant obtain a certificate of occupancy for the change of use. Comprehensive Plan The Comprehensive Plan Map designates this area for a variety of employment uses including business parks, offices, and appropriately located industrial and employment support uses. Summary of Proposal Settinq The site is at the intersection of London Bddge Road and Bowland Parkway. The building is one story block, 7,800 square feet in area. Currently, Bay Screen and Graphics occupy the building. To the north of the site exists an accountant's office, to the west exists warehouses occupied by automobile repair and industrial uses. To the east of the site is London Bridge Road, across London Bridge Road is property owned by the United States Navy. The area is a mixture of office, service, and industrial uses. Site Desiqn The site is at the intersection of London Bridge. Road and Bowland Parkway. A thirty (30) foot ingress / egress easement exists along the northem portion of the site. The submitted site plan shows two buildings on the site, a one-stow masonry building and a one stow metal building. The masonry building, the subject of this application, is situated approximately 45 feet from London Bridge Road and 34 feet from Bowland Parkway. Asphalt parking areas are shown along London Bridge Road and between the buildings. There are entrances to the site from both London Bridge Road and Bowland Parkway. Vehicular and Pedestrian Access · There are entrances to the site from both London Bridge Road and Bowland Parkway. Vehicular circulation on the site appears to be adequate. Twenty-one (21) parking spaces are required for the tattoo studio / body piercing establishment and the existing screen-printing / graphics operation. There appears to be sufficient area to provide the parking. Planning Commission Agenda January 9, 2002 BLUE HORSEHOE TATTOO TWO / # 7 Page 4 · There are no sidewalks in this area. Architectural Design There are two buildings on the site. A one-story masonry building is situated on the front of the site. The front of the building is half wall / half window design. The sides and rear are masonry. A one story metal building sits on the rear of the site. Both buildings are typical of retail / industrial type structures that were built in the 1960s and 1970s. Landscape and Open Space Design The site was developed before any landscaping requirements were adopted as part of City ordinances. Additionally the Board of Zoning Appeals waived the required screening for the automobile repair establishment in the rear building in 1989. Minimal landscaping exists on the site. There are several areas on the site that can be landscaped to soften the appearance of the site. Evaluation of Request The request for a conditional use permit for a tattoo studio / body piercing establishment is acceptable subject to the conditions below. The proposed establishment meets the requirements of the City Zoning Ordinance, Section 242.1. The applicant met with representatives of the Health Department on the site and is aware of the Health Department requirements for the operation. The applicant proposes to occupy 3,250 square feet of the building. There will be four tattoo artists on the site in addition to a manager and nurse. The proposed hours of operation will be Monday through Thursday, 10:00 a.m. to 10:00 p.m., Friday and Saturday, 10:00 a.m. to Midnight, and Sunday, 12:00 p.m. to 8:00 p.m. As an accessory to the tattoo studio / body piercing the applicant will have body jewelry, silver goods, and clothing available for retail. Staff recommends approval of the conditional use permit request to operate a tattoo studio / body piercing establishment subject to the following conditions. Conditions The conditional use permit for a tattoo / body piercing establishment is approved for one (1) year. The applicant may reapply for a conditional use permit pursuant to the provisions of the City Zoning Ordinance, and this re-application may be made before the termination of the one (1) year period. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. No signage more than four (4) square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including neon signs or neon accents installed on any wall area of the exterior of the building, windows and / or doors. Planning Commission Agenda January 9, 2002 BLUE HORSEHOE TATTOO TWO / # 7 Page 5 The actual tattooing / body piercing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. The hours of operation shall be 10:00 a.m. to 10:00 p.m., Monday through Saturday, and 12:00 p.m. to 8:00 p.m. on Sunday. The following conditions shall be accomplished before occupancy of the building and issuance of the business license: The parking area in front of the masonry building shall be re-striped to show twenty-two (22) parking spaces, including one handicap parking space. Category One screening, according to the Lan~lscaping, Screening and Buffering Specification and Standards, shall be installed along the edge of the parking lot curb, on both London Bridge Road and Bowland Parkway. Foundation screening, according to the Site Plan Ordinance, Section 5A, shall be installed along the entire length of the building wall that is parallel to Bowland Parkway. The foundation screening along the building wall parallel to London Bridge Road may be accomplished with planters. The applicant shall obtain a certificate of occupancy for the change of use in the building from the Building Code Official. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site 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 January 9, 2002 Page 6 "-..LOT IR Blue Horseshoe (existing site layout) Planning Commission Agenda January 9, 2002 BLUE HORSEHOE TATTOO TWO / # 7 Page 7 Planning Commission Agenda January 9, 2002 BLUE HORSEHOE TATTOO TWO ! # 7 Page 8 Item #7 Blue Horseshoe Tattoo Two, Ltd. Conditional Use Permit for tattoo studio/body piercing facility Intersection of London Bridge Road and Bowland Parkway District 6 Beach January 9, 2002 CONSENT AGENDA Dorothy Wood: The next is #7. Blue Horseshoe Tattoo Two, Ltd. It is a conditional use permit for a tattoo studio/body piercing facility at the northwest intersection of London Bridge Road and Bowland Parkway. 513 London Bridge Road, District 6, Beach district. It has seven conditions. Barry Pope: Chairman and Members of the Commission I am Barry Pope representing the applicant. I am a local attorney. My client is agreeable to all of the conditions. Dorothy Wood: Mr. Pope was the sign posted, do you know? Barry Pope: Yes, it had come down and was put back up. I know that was a question raised but it was clearly a sign posted. Dorothy Wood: Thank you Mr. Pope. Is there any opposition to this consent agenda item? Mr. Ripley, I would move to approve the thirteen consent agenda items. Number one with two conditions.., remove that, sorry. Number three with six conditions, #5 with four conditions, #7 with seven conditions, #8 with 10 conditions, #9 with five conditions, #11 with four conditions, #1:2 with three conditions, #14 with four conditions, #16, #17 with four conditions and #23 with seven conditions. Ronald Ripley: Did you get 18 and 19 also? Dorothy Wood: Seventeen, 18 and 19 with four conditions· Ronald Ripley: That is the motion, did we have a second? Betsy Atkinson: I have to abstain on item #16. I am related to the applicant. Robert Miller: And I need to abstain from items number 8, 12, 16, 17, 18, 19, and 23. My firm is working 9n those projects. · Ronald. Ripley: Anything else?- Call for the question. AYEll 'NAY0 ABS0 'ABSENT0' ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 10 to 0 with Bob Miller abstaining on items 8, 12, 16, 17, 18 and 19, 23 and Betsy on item #16. Thank you. DISCLOSURE STATEMENT Applicant's Name: List All Current Property Owners: Bluo Horseshoe Tattoo Two, LTD. B~y gcre~n & Graphics Inc. PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: .-.Joseph L. Hatch, President (Bay Screen & Graphics) (Attach list if necessary) L. Hatch, Vice President Vicki Brian Hatch, Secretary/Treasurer. 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 ~ the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) Louis Napoleon Joynes, II Esq. President/Director 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, firm, or other unincorporated organization. CERTIFICATION: I certify that the informationc~tained herein is true and accurate. Print Name t " ~a~ I-8 .o~ .o~o S~o~. Voice Stream Wireless [-1 [-! Gpin 1496-67-8537 · 'ONING HISTORY 1. Conditional Use Permit (contractors storage yard) Approved 10-14-97 2. Conditional Use Permit (auto repair facility) Approved 3-28-95 3. Conditional Use Permit (outside storage of vehicles) Approved 5-12-98 4. Conditional Use Permit (bulk storage yard) Approved 3-13-01 5. Conditional Use Permit (equipment storage yard) Approved 7-5-00 6. Conditional Use Permit (contractors storage yard) Approved 2-24-98 7. Conditional Use Permit (bulk storage) Approved 5-11-87 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Voice Stream Wireless, Conditional Use Permit MEETING DATE: February 26, 2002 Background: An Ordinance upon Application of Voice Stream Wireless for a Conditional Use Permit for a monopole communication tower on the west side of Central Drive, north of Quality Court (GPIN #1496-67-8537). Said parcel is located at 573 Central Drive and contains 2,025 square feet of a 1.89 acre site. DISTRICT 6 - BEACH. Considerations: The applicant is requesting a conditional use permit for a 125 foot tall communication tower. The communication tower compound will be in the rear of the site at the southwest comer of the subject property. The tower is located inside a proposed bulk storage area (part of another conditional use permit request [Josephine Parker]). The tower compound and storage yard have separate entrances from a driveway that accesses on Central Drive. The applicant has submitted documentation that the available antennae positions on the existing towers in the immediate vicinity would not meet the minimum threshold for Voice Stream's coverage objectives for their establishment of a presence in the regional market. These lower positions (85 to 90 feet) on the existing towers are intended for secondary users requiring a smaller service area, such as for an "infill ring" for an established wireless provider. The Planning Commission placed this item on the consent agenda because the location is ideal for this type of use, the request is in accordance with the City's established tower policy, staff recommended approval and there was no opposition to the request. Recommendations: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion with 1 abstention to approve this request subject to the following conditions: The monopole communication tower and associated facilities shall be constructed as depicted on the submitted site plan entitled "Voice Stream Wireless Cond. Use Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval.~,. Submitting D~p~p..artment/Ag~ency: Planning Department City Manage~ ,L__. ~ii,~.- Voice Stream Wireless Page 2 Permit Progressive Insurance, VA 10335 F, 57'3 Central Drive, Virginia Beach, VA 23454" dated 11/8/01 by MSA PC. The overall height of the communication tower and any antennae shall not exceed 125 feet above ground level. o Landscaping shall be provided in the locations depicted on the site plan referenced above. The types and sizes of shrubs and trees shall be determined during the detailed plan review process. The communication tower shall be developed in standard gray color. In the event that the Federal Aviation Administration (FAA) or other licensing entity requires that the tower be painted, the height of the tower shall be reduced to a level that will not require it to be painted. Lighting of the tower shall conform to the standard lighting requirement outlined in FAA guidelines for towers of 125 feet in height or lower. If, due to FAA or other state or federal guidelines, modified lighting is required, the applicant shall reduce the height of the tower to that which is permitted by the FAA without a strobe lighting device. The applicant shall work with the FAA and the U.S. Navy to ensure that there is no conflict with air navigation in the area. Future joint use for primary and secondary tower users shall be accommodated on this tower at reasonable terms. In the event that the communication tower is not used for accommodating wireless communication antennae for a period of one year, it shall be removed at the tower owner's expense. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study, (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users. 10. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. VOICE STREAM WIRELESS / # 8 January 9, 2002 General Information: REQUEST: ADDRESS: Conditional Use Permit for communications tower 573 Central Drive Mat~ Mop ~o~o sc~e Voice Stream Wireless [-! Gpin 1496-67-8537 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 1496-67-8537 6- BEACH 1.89 acres (2,025 square feet will be used for the tower and supporting equipment.) Ashby Moss To construct a 125 foot tall communication tower. The communication tower compound will be in the rear of the site at the southwest corner of the subject property. The tower is located inside a proposed bulk storage area (part of another conditional use permit request [Parker]). The tower compound and storage yard have separate entrances from a driveway that accesses on Central Drive. Major Issues: · Visibility of tower and compatibility with surrounding uses. Planning Commission Agenda January 9, 2002 VOI~E STREAM WIRELESS / # 8 Page I Note this site is also the location of a proposed bulk storage yard, for which a conditional use permit is being sought. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoninq The property is currently used for office and light industrial and is zoned I-1 Light Industrial District. Surroundin,q Land Use and Zonin,q North: South: East: West: · Office-warehouse / I-1 Light Industrial District · Vacant / I-1 Light Industrial District · Office warehouse / I-1 Light Industrial District · Drainage easement/I-1 Light Industrial District Zonin,q History Two other towers have been approved in the immediate vicinity of the proposed tower. At 529 Central Drive, a 115 foot tower was approved for Virginia Metronet May 26, 1992. Contel Cellular later applied to replace the existing tower with a 125 foot tower capable of accommodating two users. This was approved by City Council January 23, 1996. Conditions of that use permit required the applicant to facilitate the joint use of the tower if other "minor" tower use needs are identified in the area, but did not specify the number of users the tower was capable of accommodating. Other conditions limited the height to 125 feet and required the applicant to ensure no conflict with air navigation in the area. At 553 Central Drive, two towers have been approved. A 120foot tower was approved on December 12, 1995. The conditions of this use permit stated that the applicant shall work with other potential tower users to accommodate multiple use of the tower. They were also required to ensure no conflict with air navigation in the area. A 125 foot tower was approved February 10, 1998. Conditions required landscaping, restricted painting of the tower, and required removal of the tower when no longer in use. Planning Commission Agenda January 9, 2002 VOi~E STREAM WIRELESS / # 8 Page 2 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of greater than 75 dB Ldn and Accident Potential Zone II surrounding NAS Oceana. The AICUZ Officer at NAS Oceana has reviewed this request and have no objections. Natural Resource and Physical Characteristics The front portion of this property is developed with a building and paVed areas surrounding the building. The northwest corner at the rear of the property contains a dry stormwater management facility. A drainage ditch runs behind the property to the west and beside the property to the north. This ditch is a tributary of the Chesapeake Bay, so the adjacent 100 feet is considered Resource Protection Area (RPA). A small corner of the compound for the communication tower is located in the landward 50 feet of the RPA. The seaward 50 feet contains mature trees and dense vegetation. Public Facilities and Services Public Safety Police: Adequate - no further comments. Fire and Rescue: Adequate - no further comments. Comprehensive Plan The Comprehensive Plan Map designates this site as suitable for a variety of employment uses including business parks, offices, appropriately located industrial and employment support uses. Site Design · The communication tower compound is shown at the southwest corner of the subject property. The tower is located inside a proposed bulk storage area (part of another conditional use permit request). The tower compound and storage yard have separate entrances from a driveway that accesses on Central Drive. Landscaping consists of a row of evergreen shrubs and trees. Since the tower is located within the bulk storage yard, the landscaping is shown around the perimeter of the storage yard. Conformance with Section 232 · A structural engineering report and a report addressing NIER (nonionizing electromagnetic radiation) requirements have been submitted. · The proposed 125 foot tower is approximately the same height as three existing towers in the area. The applicant has submitted documentation that the available antennae positions on the existing towers in the immediate vicinity would not meet the minimum threshold for Voice Stream's coverage objectives. These lower positions (85 to 90 feet) on the existing towers are intended for secondary users requiring a smaller service area, such as for an "infill ring" for an established wireless provider. Planning Commission Agenda January 9, 2002 VQiCE STREAM WIRELESS / # 8 Page 3 Evaluation of Request The applicant's request for a 125 foot monopole communication tower is acceptable. Due to the industrial nature of this area, the proposed location is ideal for this type of use. Although there are already three towers in the immediate vicinity, their relatively Iow heights limit the number of primary antennae positions, hence necessitating the need for an additional tower for a user such as VoiceStream looking for initial coverage rings. In turn, the Iow heights limit visibility outside of the industrial area. This is in accordance with the City's established tower policy. Therefore, this application is recommended for approval, subject to the conditions listed below. Conditions 10. The monopole communication tower and associated facilities shall be constructed as depicted on the submitted site plan entitled "Voice Stream Wireless Cond. Use Permit Progressive Insurance, VA 10335 F, 573 Central Drive, Virginia Beach, VA 23454" dated 11/8/01 by MSA PC. The overall height of the communication tower and any antennae shall not exceed 125 feet above ground level. Landscaping shall be provided in the locations depicted on the site plan referenced above. The types and sizes of shrubs and trees shall be determined during the detailed plan review process. The communication tower shall be developed in standard gray color. In the event that the Federal Aviation Administration (FAA) or other licensing entity requires that the tower be painted, the height of the tower shall be reduced to a level that will not require it to be painted. Lighting of the tower shall conform to the standard lighting requirement outlined in FAA guidelines for towers of 125 feet in height or lower. If, due to FAA or other state or federal guidelines, modified lighting is required, the applicant shall reduce the height of the tower to that which is permitted by the FAA without a strobe lighting device. The applicant shall work with the FAA and the U.S. Navy to ensure that there is no conflict with air navigation in the area. Future joint use for primary and secondary tower users shall be accommodated on this tower at reasonable terms. In the event that the communication tower is not used for accommodating wireless communication antennae for a period of one year, it shall be removed at the tower owner's expense. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study, (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures Planning Commission Agenda January 9, 2002 V(31~E STREAM WIRELESS / # 8 Page 4 reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site 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 January 9, 2002 VOICE STREAM WIRELESS / # 8 Page 5 I I %. '%. %. V o i ceSt _~e.a_.rt3.,Wi're I es s ~ .......... ' (site plan) Planning Commission Agenda January 9, 2002 V(3~E STREAM WIRELESS / # 8 Page 6 CONCRETE 19' VoiceStream Wireless (site plan- detail) Planning Commission Agenda January 9, 2002 V(~CE STREAM WIRELESS / # 8 Page 7 FUTURE ! 18' [FUTUR~ MONOPOLE DETAIL Planning Commission Agenda January 9, 2002 ¥OI~E STREAM WIRELESS / # 8 Page 8 Planning Commission Agenda January 9, 2002 V(3{CE STREAM WIRELESS / # 8 Page 9 Item #3 Voice Stream Wireless Conditional Use Permit for a communication tower 5740 Bay~ide Road District 4 Bayside January 9, 2002 CONSENT AGENDA Dorothy Wood: The second consent agenda is Voice Stream Wireless. A conditional use permit for a communications tower on' the south side of Bayside Road, west of Baker Road. District 4 with six conditions. Bill Gambrell: Mr. Chairman a~d vice-chairman congratulations on your new election. I represent Voice Stream Wireless. My name is Bill Gambrell we read the conditions and they are all acceptable. Dorothy Wood: Is there any oppOsition to this item? Mr. Ripley, I would move to approve the thirteen consent agenda items. Number one with two conditions.., remove that, sony. Number three with six conditions, #5 with four conditions, #7 with seven conditions, #8 with 10 conditions, #9 with five conditions, #11 with four conditions, #12 with three conditions, #14 with four conditions, #16, #17 with four conditions and g23 with seven conditions. Ronald Ripley: Did you get 18 and 19 also? Dorothy Wood: Seventeen, 18 and 19 with four conditions. Ronald Ripley: That is the motion, did we have a second? Betsy Atkinson: I have to abstain on item #16. I am related to the applicant. Robert Miller: And I need to abstain from items number 8, 12, 16, 17, 18, 19, and 23. My firm is working on those projects. Ronald Ripley: Anything else? Call for the question. AYE ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE 11 NAY0 ABS0 ABSENT0 Ronald Ripley: By a vote of 10 to 0 with Bob Miller abstaining on items 8, 12, 16, 17, 18 and 19, 23 and Betsy on item #16. Thank you. DISCLOSURE STATEMENT List All Current .[ PROPERTY OWNER DISCLOSURE ff the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessar~ If the property owner is a PARTNERSHIP, ~, or other UNINCORPORATED ORGANIZATION, list ali 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 theApplicant Disclosure section below: APPLICANT DISCLOSURE ffthe applicant isa CORPO~RATION, list all office of the..Corporation belT: (Attach list if n~ecessary 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, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Prin ame VoiceSt eam. IN eless Fact Sheet F. at~bllahed: F. mployees: Covezed POFs: - Technology Pl~onn: 1994 John Stantml, Chad,an, Dkector, and Chie~ Exe~tive Officer Bob Stapleam, ~ and ~ Don Guthrle, Vice ~ and Directur Cregg Baumbaush, F, xecutive Vice ~esident - Finaix:e, Stratesy & .,e,~..~ Bender, F, xecutive Vice President, General Coumel, & Secrem.-y Tim Wang, Sea_or V'u:e Presidam- ~:nginee. dng To pmvid~ the best value in all-digital pe~sona~ communications se~dces 2,100 natfon~de Colo.; Honolulu, Hawaii; Alimquerque, NM.; HI Paso, Texas; Des Moinee, Iowe; Okhhoma City and Tulsa, Okla.; Wichita, Kan., end Cheyenne, W¥o. VoiceStr~m has acquired licem~ to provi~Ie service in Dallas, Austin and San ~, Texas; C~i,-,.go, ]]I.; Oncirmati, Clev,,lm'td and Daytm~ Ohio; NozioIk and Ridunond, Va.; St. louis, Mo.; Milwaukee, Wis.; Sen Fzanc/sco, Global Syst-~m far Mobile Commurdmtions (GSM), the international standazd for digital wit~ess conunurdcations. OFFICKR'S CERTIFICATE The undersigned, as Vice President and Assistant Secretsx'y o£VoiceStream GSM H, LLC, ("the Company") does hereby cmtify that G. A. Engelland, Regional Corporate Cotms¢l, is authorized to negotiate and enter into Master Construction Service Agreements on behalf of the Company as necessary or desirable for the continued operation of the Company. Date: July 5, 2001 VoiceStream GSM H, LLC David A. Miller, Vice President and Assistant Sec~tm'y 12'J20 SG 38~h Strum I~ele,,ue.W^ 98006 /~4ap Not to Parker 46 I-1 G~'n 1496-67-8537 ZONING HISTORY 1. Conditional Use Permit (contractom storage yard) Approved 10-14-97 2. Conditional Use Permit (auto repair facility) Approved 3-28-95 3. Conditional Use Permit (outside storage of vehicles) Approved 5-12-98 4. Conditional Use Permit (bulk storage yard) Approved 3-13-01 5. Conditional Use Permit (equipment storage yard) Approved 7-5-00 6. Conditional Use Permit (contractors storage yard) Approved 2-24-98 .7. Conditional Use Permit (bulk storage) Approved 5-11-87 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Josephine Parker, Conditional Use Permit MEETING DATE: February 26, 2002 Background: An Ordinance upon Application of Josephine Parker for a Conditional Use Permit for a bulk storage yard on the west side of Central Drive, north of Quality Court (GPIN #1496-67-8537). Said parcel is located at 573 Central Drive and contains 1.89 acres. DISTRICT 6 - BEACH. Considerations: The applicant is requesting a conditional use permit for a bulk storage facility. The building on the property is leased by two tenants, one of whom is an auto insurance company. Vehicles are brought to the site to be assessed for damage after an auto accident. The applicant has stated that there is a shortage of paved space behind the building to accommodate both tenants. The applicant requests to add a paved, enclosed storage area at the rear of the property. The area is intended for secure temporary storage of vehicles after repairs have been made. The Planning Commission placed this item on the consent agenda because the requested use is compatible with the surrounding mixed industrial uses, staff recommended approval and there was no opposition to the request. 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 conditions: The bulk storage area shall be limited to the area shown on the submitted site plan entitled, "Site Development Plan for Bulk Storage Yard Lot 16" prepared by NDI, LLC, dated October 11,2001. 2. No development, including expansion of the stormwater management facility, shall occur within the seaward 50 feet of the Resource Protection Area. 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 M a nager ~.,.~.~% I~,_~,. ~&~,~.~,' Josephine Parker Page 2 Buffer restoration acceptable to the Planning Director or his designee shall be provided. This shall be determined during the detailed plan review process. Fencing, landscaping, and lighting shall be installed in accordance with Section 228 of the City Zoning Ordinance and the requirements of the Site Plan Ordinance. The gate at the entrance to the enclosed bulk storage area shall be at least 12 feet wide. JOSEPHINE PARKER / # 9 January 9, 2002 General Information: REQUEST: ADDRESS: Conditional Use Permit (bulk storage) 573 Central Drive Ma~ I-8 Pa~'ke,~' Gpin 1496-67-8537 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 1496-67-8537 6 - BEACH 1.89 acres Ashby Moss To create a secure area for storing vehicles that have been repaired at other facilities prior to customer pickup. The building on the property is leased by two tenants, one of whom is an auto insurance company. Vehicles are brought to the site to be assessed for damage after an auto accident. The applicant has stated that there is a shortage of paved space behind the building to accommodate both tenants. Major Issues: · Compatibility of proposed use with surrounding land uses. Planning Commission Agenda January 9, 2002 JOSEPHINE PARKER ! # 9 Page I Encroachment of the proposed storage area in the Resource Protection Area regulated by the Chesapeake Bay Preservation Area Ordinance. Note this site is also the location of a proposed communication tower for which a conditional use permit has been requested. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The property is currently used for office and light industrial and is zoned I-1 Light Industrial District. Surrounding Land Use and Zoninq NoAh: · Office warehouse / I-1 Light Industrial District South: · Vacant/I-1 Light Industrial District East: · Office warehouse / I-1 Light Industrial District West: · Drainage easement/I-1 Light Industrial District Zoning History A number of other conditional use permits for storage yards have been approved in the immediate vicinity in recent years. Numbers 1, 3, 4, 5, 6, and 7 on the map all involve outside storage. One of these, approved in 1997 for a contractors storage yard, is directly across the street # 1). Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area Gpin 1496-67-8537 of greater than 75 dB Ldn and Accident Potential Zone II surrounding NAS Oceana. Natural Resource and Physical Characteristics The front portion of this property is currently developed with a building and paved areas surround the building. The northwest corner at the rear of the property contains a dry Planning Commission Agenda ~,~,~ January 9, 2002 JOSEPHINE PARKER / # 9 Page 2 stormwater management facility. A drainage ditch runs behind the property to the west and beside the property to the north. This ditch is a tributary of the Chesapeake Bay, so the adjacent 100 feet is considered Resource Protection Area (RPA). The proposed bulk storage area is shown throughout the landward 50 feet. The seaward 50 feet contains mature trees and dense vegetation. Public Facilities and Services Water and Sewer No change to water and sewer facilities will result from the proposed bulk storage yard. Transportation The proposed bulk storage yard will not result in any increase or decrease in trips to this site. Public Safety Police: Fire and Rescue: Adequate - no further comments. Adequate - The gate at the entrance to the enclosed bulk storage area should be at least 12 feet wide to allow clearance for emergency vehicles. If the conditional use permit is approved, the Fire Marshall's office will evaluate the site to determine any fire lane requirements once the vehicle inventory is on site. Comprehensive Plan The Comprehensive Plan Map designates this site as suitable for a variety of employment uses including business parks, offices, appropriately located industrial and employment support uses. Summary of Proposal Proposal The building on the property is leased by two tenants, one of whom is an auto insurance company. Vehicles are brought to the site to be assessed for damage after an auto accident. The applicant has stated that there is a shortage of paved space behind the building to accommodate both tenants. The applicant requests to add a paved, enclosed storage area at the rear of the property. The area is intended for secure temporary storage of vehicles after repairs have been made. Site Desi.qn The existing building is rectangular in shape and located 75 feet from the front property line and 200 feet from the rear property line. Parking is located in front of the building, and drive aisles lead to the rear of the building on either Planning Commission Agenda January 9, 2002 JOSEPHINE PARKER / # 9 Page 3 side. The area approximately one hundred feet behind the building is currently paved. The bulk storage area (and proposed communication tower) is shown beyond this area on the southern side of the property. The proposed storage area extends to the limits of the landward 50 feet of the Resource Protection Area (RPA) buffer. This is approximately 25 feet from the rear property line. A dry stormwater management facility already exists at the back of the property on the northern side. This also extends to the limits of the landward 50 feet of the RPA. Vehicular and Pedestrian Access · There are two existing vehicular access points to the property on Central Drive. · A sidewalk already exists in front of this property along Central Drive. Landscape and Open Space Desi.qn · Section 228 of the City Zoning Ordinance requires a six foot fence and Category VI landscaping around bulk storage yards. The site plan shows Southern wax myrtle on all sides of the storage area except the western side, which borders the seaward 50 feet of the RPA. This area is already densely wooded. · The northern side of the property, which also borders a drainage easement, is also densely wooded. · If additional landscaping is necessary for mitigation of the buffer area, it shall be determined during the detailed plan review process. Evaluation of Request The applicant's request to add a bulk storage area to the rear of this property is acceptable. The area is not highly visible from the street and is compatible with the surrounding mixed industrial uses. Although the area is proposed within the Resource Protection Area, the issue of buffer restoration requirements will be examined during the detailed plan review process, as is the practice with any plan of this type. The approval of this conditional use permit shall in no way influence the application of the Chesapeake Bay Ordinance regulations. Therefore, this conditional use permit request is recommended for approval, subject to the conditions listed below: Conditions The bulk storage area shall be limited to the area shown on the submitted site plan entitled, "Site Development Plan for Bulk Storage Yard Lot 16" prepared by NDI, LLC, dated October 11,2001. Planning Commission Agenda January 9, 2002 JOSEPHINE PARKER / # 9 Page 4 No development, including expansion of the stormwater management facility, shall occur within the seaward 50 feet of the Resource Protection Area. Buffer restoration acceptable to the Planning Director or his designee shall be provided. This shall be determined during the detailed plan review process. Fencing, landscaping, and lighting shall be installed in accordance with Section 228 of the City Zoning Ordinance and the requirements of the Site Plan Ordinance. The gate at the entrance to the enclosed bulk storage area shall be at least 12 feet wide. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site 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 January 9, 2002 JOSEPHINE PARKER / # 9 Page 5 t '], I I t I I I 1 Josephine Parker (proposed site layout) Planning Commission Agenda January 9, 2002 JOSEPHINE PARKER / # 9 Page 6 Planning Commission Agenda January 9, 2002 JOSEPHINE PARKER ! # 9 Page 7 Item g9 Josephine Parker Conditional Use Permit for a bulk storage yard 573 Central Drive District 6 Beach January 9, 2002 CONSENT AGENDA Dorothy Wood: The next item is item gq). The conditional use permit for a bulk storage yard on the west side of Central Drive north of Quality Court. 573 Central Drive, District 6, Beach with five conditions. Tom Kline: Good afternoon for the record my name is Tom Kline. I am a local attorney here on behalf of Mrs. Parker, number 9 on the agenda. We have reviewed all the conditions and all of them are acceptable to the applicant. Dorothy Wood: Is there any opposition to this consent agenda item? Mr. Ripley, I would move to approve the thirteen consent agenda items. Number one with two conditions.., remove that, sorry. Number three with six conditions, #5 with four conditions, #7 with seven conditions, #8 with 10 conditions, gO with five conditions, gl 1 with four conditions, #12 with three conditions, #14 with four conditions, #16, #17 with four conditions and g'23 with seven conditions. Ronald Ripley: Did you get 18 and 19 also? Dorothy Wood: Seventeen, 18 and 19 with four conditions. Ronald Ripley: That is the motion, did we have a second? Betsy Atkinson: I have to abstain on item #16. I am related to the applicant. Robert Miller: And I need to abstain from items number 8, 12, 16, 17, 18, 19, and 23. My finn is working on those projects. Ronald Ripley: Anything else? Call for the question. AYEll NAY0 ABS0 ABSENT0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE Item g9 Josephine Parker Page 2 MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 10 to 0 with Bob Miller abstaining on items 8, 12, 16, 17, 18 and 19, 23 and Betsy on item #16. Thank you. ~pplicant's Name: List All Current Property Owners: DISCLOSURE STATEMENT I PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ,, ~he property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I~] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is ~ot 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 if necessary) 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, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. ! - Print Name Rev. 9/15/9R CITY OF VIRGINIA BEACH Department of Planning (757) 427-4621 Fax (757) 426-5667 INTER-OFFICE MEMORANDUM February 20, 2002 TO: FROM: James K, Spore '~-'~l~ City Manager Robert J. Scott ~-~ City Manager SUBJECT: February 26, 2002 City Council Item: Proposed amendment to Section 203(b) and 203(g) of the City Zoning Ordinance During the Planning Commission's discussion of the above-referenced amendments at their February 13, 2002 public hearing, the suggestion Was made that the provisions for reducing the width of parking spaces should be considered citywide rather than just for the B-3A Pembroke Central Business Core District. The Planning Commission approved the amendments and forwarded them to the City Council for action. I informed the Planning Commission that the suggestion they made had merit and that we would forward an amendment to them as soon as possible to follow through on the suggestion. However, upon discussion with various members of the City staff associated with this issue and the Town Center, it seems the best course of action is to incorporate the suggestion made by the Planning Commission into the current amendment proposal. We are, therefore, recommending that the ordinance amendment currently on City Council's February 26 agenda be deferred. We have advertised for the Planning Commission's Mamh 13, 2002 meeting and the City Council's March 26, 2002 meeting a revised ordinance that provides for the reduced parking space width in parking garages and parking structures throughout the city. RJS/sjw CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager City of Virginia Beach, Amendment to Section 203(b) and 203(g) of the City Zoning Ordinance MEETING DATE: February 26, 2002 Background: As details plans for the vadous components of the Town Center have advanced, occasional adjustments to the City Zoning Ordinance regulating the B-3A Pembroke Central Business Core District have been necessary. Such adjustments were anticipated with the rezoning of this area to B.3A Proposed Amendments: An ordinance to amend Section 203(b) of the City Zoning Ordinance regarding dimensional requirements for parking and Section 203(g) of the City Zoning Ordinance regarding parking requirements in the B-3A Pembroke Central Business Core District. The amendments to subsection (b) reduce the minimum required width of parking spaces in the B-3A Pembroke Central Business Core District from 9 feet to 8 feet - 9 inches. The amendments to subsection (g) reduce the minimum number of required parking spaces in the B-3A District from 3.3 spaces to 3 spaces per 1,000 feet of gross floor area for commercial uses and from 2 spaces to 1.7 spaces per residential unit. During the Planning Commission's discussion of the above-referenced amendments at their February 13, 2002 public hearing, the suggestion was made that the provisions for reducing the width of parking spaces should be considered citywide rather than just for the B-3A Pembroke Central Business Core District. A revised ordinance, replacing the one currently under consideration, has been advertised for the Planning Commission's March 13, 2002 meeting and the City Council's March 26, 2002 meeting. The revised ordinance provides for the reduced parking space width in parking garages and parking structures throughout the city and still contains the provisions for reducing the minimum number of required spaces as set out above. Recommendation: A motion was passed by the Planning Commission by a recorded vote of 8-2 with one Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends deferral. Planning Commission recommends approval. Depa~rtmentJAgency: Planning Department~//'j Submitting City Manager: /'~ ~-. . /..--' ~ City of Virginia Beach Page 2 abstention to approve this request. Staff recommends deferral of this request in anticipation of a revised ordinance being brought to the City Council on March 26. 1 2 3 4 AN ORDINANCE TO AMEND CERTAIN VEHICULAR PARKING REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT SECTIONS AMENDED: City Ordinance Section 203 Zoning 7 8 ~..9 10 11 ±2 13 14 15 16 17 18 19 2O 22 23 24 25 26 27 28 29 3O 1 32 33 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 203 of the City Zoning Ordinance, pertaining to vehicular parking requirements, be, and hereby is, amended and reordained to read as follows: Sec. 203. Off-street Darking requirements. (b) General standards. Any off-street parking space, including spaces provided above the minimum required, shall have minimum dimensions of nine (9) feet by eighteen (18) feet., exceDt that in the B-3A Pembroke Central Business Core District, minimum dimensions shall be eiqht (8) feet, nine (9) inches by eiqhteen (18) feet; provided that minimum dimensions for parallel parking spaces shall be nine (9) feet by twenty-two (22) feet; provided that within a parking lot or an enclosed parking garage or structure twenty-five (25) percent of the spaces provided may be designated for compact cars provided that the minimum dimensions shall be eight (8) by seventeen (17) feet for regular spaces or eight (8) by twenty (20) feet for parallel spaces and that all such compact car spaces be clearly marked with the wording "Compact Cars Only"; provided further, that where the width of a parking space abuts a street frontage landscaping strip and/or interior landscaped areas, the length of the parking space may be reduced by one and one-half (1.5) feet. Each space shall be unobstructed, shall have access to a street and shall be so arranged that any 35 36 37 38 39 40 41 43 45 46 47 48 49 5O 51 52 53 54 6 57 58 59 6O automobile may be moved without moving another, except in the case of parking for one- and two-family dwellings and in the case of parking for employees on the premises. All spaces shall comply with the Specifications and Standards of the Department of Public Works, and where such Specifications and Standards do not apply, parking surfaces shall be provided and maintained with an all weather surface. Where parking areas are illuminated, all sources of illumination shall be so shielded as to prevent any direct reflection toward adjacent premises in residential, apartment, or hotel districts. In addition: (1) Parking areas for three (3) or more automobiles shall have individual spaces marked, except in the case of parking for one- and two-family detached dwellings, and spaces shall be so arranged that no maneuvering directly incidental to entering or leaving a parking space shall be on any public street, alley, or walkway. (2) Minimum aisle width required for parking areas shall be according to the following table: Parking Angle (in degrees) Aisle W~dth (in feet) 0--44 12 45--59 13.5 60--69 18.5 70--79 19.5 80--89 21 90 22 61 62 63 64 65 (g) Notwithstanding any other provision of this section, within the B-3A Pembroke Central Business Core District, there shall be provided for nonresidential uses no fewer than 3.3 three (3/ spaces per one thousand (1,000) square feet of gross floor area, and for residential uses no fewer than t-w~--~z~ one and seven- tenths (1.7) spaces per dwelling unit. COMMENT 69 7O 71 72 73 The amendments to subsection (b) reduce the minimum required width of parking spaces in the B-3A Pembroke Central Business Core District from 9 feet to 8 feet, 9 inches. The amendments to subsection (g) reduce the minimum number of required parking spaces in the B-3A District from 3.3 spaces to 3 spaces per 1,000 feet of gross floor area for commercial uses and from 2 spaces to 1.7 speces per residential unit. 74 75 Adopted by the Council of the City of Virginia Virginia, on the day of , 2002. Beach, 76 '8 79 CA-8380 wmm\ ordres \ B- 3Aparkingordin. wpd January 24, 2002 R-1 8O 81 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 82 83 Planning Department City Attorney's Office 3 CITY OF VIRGINIA BEACH / # 15 February 13, 2002 Background: As details plans for the various components of the Town Center have advanced, occasional adjustments to the City Zoning Ordinance regulating the B-3A Pembroke Central Business Core District have been necessary. Such adjustments were anticipated with the rezoning of this area to B-3A Proposed Amendments: An ordinance to amend Section 203(b) of the City Zoning Ordinance regarding dimensional requirements for parking and Section 203(g) of the City Zoning Ordinance regarding parking requirements in the B-3A Pembroke Central Business Core District. The amendments to subsection (b) reduce the minimum required width of parking spaces in the B-3A Pembroke Central Business Core District from 9 feet to 8 feet, 9 inches. The amendments to subsection (g) reduce the minimum number of required parking spaces in the B-3A District from 3.3 spaces to 3 spaces per 1,000 feet of gross floor area for commercial uses and from 2 spaces to 1.7 spaces per residential unit. Evaluation: The proposed amendments are recommended for approval. The amendments adjust the parking requirements for the Town Center to more accurately reflect the needs and characteristics of an urban environment where pedestrian movement associated with living, shopping, and working in the same area are common. Planning Commission Agenda February 13, 2002 CITY OF VIRGINIA BEACH / # 15 Page I Item #15 City of Virginia Beach/Parking Requirements Application to Amend City Zoning Ordinance regarding parking requirements for Parking and Pembroke Central Business Core District February 13, 2002 REGULAR AGENDA Ronald Ripley: The next Item is the City of Virginia Beach Parking Requirements. Must be in the process. Mr. Scott, would you like Bob Scott: I'm ready. Ronald Ripley: Would you mind presenting the City's position please? Bob Scott: There are two items here - with having to do with parking in the B-3A District. One has to do with the dimensions of the parking, which we are interested in recommending to you be reduced from 9 feet wide to 8' 9" wide. It doesn't seem like a very big difference but when constructing a parking deck of over a 1000 cars at a time it does mount to a significant difference. Eight feet 9 inches, we think, is in keeping with modem 21st Century industry standards. It is something that is recommended to us by the consultants, the parking consultants that we have retained to advise us in this matter and also as a standard adhered to and put forth by the Urban Land Institute. It's a very authoritated source of material on this matter. It also is in keeping with the type of spaces and size of spaces that would be found on other comparable projects around the region, most notably MacArthur Center for instance, who I think, according to Mr. Pauls, who has first rate knowledge of that and says there's is 10" wide, and that is about the same. We think that if we are going to proceed in this matter that our -- requirements ought to be modem industry standards. We also take note of the comment by the Planning Commission in the meeting this morning and wish to follow up on it, that if it's good for the Central Business District of the City it's probably good for the whole City and we will go forward on that comment and make the necessary adjustments and come back to you. The second part has to do with the amount of parking and right now, when we first drafted these requirements we had a requirement for 3.3 spaces per 1000 square feet of gross floor area for non-residential uses and 2.0 for residential usage. Our recommendation is that we reduce the 3.3 figure to 3.0 and the 2.0 figure to 1.7. Again, there are issues to be looked at here and again, we have sought-and received the advice of consultants our consultants on this matter. We have a project - that comes to us in multiple phases and within the agreement that we will enter into with the developer of that project. There is an opportunity to adjust should if we find that the amount of parking is not what is being what is need. The nature of this project has changed alot since we started work on it. And those changes will have an effect on the amount of parking in there -- to be more specific, after September 11, the opportunity to locate a hotel on that project was one of our top wishes'. Still is top wish and it is not going to happen in the immediate future and almost every project in the country goes forward with hotels and have similar type problem that we've been Item #15 City of Virginia Beach/Parking Requirements Page 2 having, so that looks like the immediate future would not be there on the other hand, a great deal of discussion in recent months of locating a performing arts theatre in there has also taken place and we have one major entity that the time being appears not to be there and another that it appears it will be there - those represent pretty big changes and I can expect because of the nature of the area and the nature of the project that some changes may occur in the furore and may have an effect, we need the ability through our arrangements with the developers to make adjustments in there but it's problematic to have too much parking because it is very costly and it is costing us $13,000 - $15,000 a space or so to construct these parking spaces and it is a problematic thing not to have enough parking so we need to strive to get closer to where we think we need to be and we think this ordinance is a step in that direction and we recommend that as well. If there are any question on either of those two, I will be happy to try and address them. Ronald Ripley: Betsy: Betsy Atldnson: Bob, I have a question. I don't have a problem with the 8.9 or 1.7 but I do have a concern about the 3.0. You got a lot of people who are going to be working in that building and did you say that the parking garage was going to hold 1000 cars. Bob Scott: No. I said we would be building garages over 1000. As a matter of fact, I think the first phase parking garage is closer to about 1,350. Betsy Atkinson: So out of the 1,350, were going to eliminate 330 parking spaces out of that parking garage. Bob Scott: No. Betsy Atkinson: That is what I thought I heard this morning. Bob Scott: No, no. There will be 1,350 spaces or so in that garage. Betsy Atkinson: With the 3.0 or with the 3 point in other words, I understood that we would be, there would be 300 plus parking spaces that would not be required by changing this fi-om 3.3 to 3.0. Bob Scott: It doesn't quite it's more complicated than that. Betsy Atkinson: Okay, can you explain it to me? Bob Scott: And to get a grip on it, you need to look at the entire project that there will be several blocks, several buildings and more than one garage. There will be numerous garages all providing public parking and - the, I don't think that you should assume that the parking garage in the building is going to exactly accommodate the demand for parking in that building. There will be some spill over and parking provided elsewhere that will help provide that, in some case or in other cases -- the parking garage will Item #15 City of Virginia Beach/Parking Requirements Page 3 satisfy the demand generated elsewhere as well. The key is that all of the demand for parking needs to be satisfied by all of the parking - totaled in the project. So you have to look at it on a project wide basis. No matter what this requirement is there will be about 1,350 parking spaces - 3.0 or 3.3 it doesn't matter. There will be about 1,350 parking spaces. What might make a difference is the other one, reducing the width of it, that, will change the number of spaces by 40 or 50 spaces possibly that whole garage but at 8'9" spaces you'll have 1,330 - 1,350 spaces in that parking garage. Betsy Atkinson: Okay. If you're comfortable with it, I just want to make sure there is enough parking for every car. Bob Scott: Well no. Betsy Atkinson: I don't want to give, you know, give concessions to the developer and have to come back and try to fight him for parking spaces. You know you say they have to make a remedy but you know, what is the remedy, I don't know? Bob Scott: I think your concern is a very well founded concern and I think that we all have had the same concern. The last thing we want to do is put a project like this in motion and end up with inadequate parking. The businesses, the retail that go into this facility have got to able to compete successfully region wide and even outside the region. It's going to be a major, major facility. To have inadequate parking is the opposite of what we want but we also don't want too much parking. I think that is a problem as well, so - we are making an attempt through these two ordinances to get closer to the exact number and exact dimensions we think is appropriate but we also recognize because of the way that this project has been changing, that there may be a need to adjust in the future. We want to hold open that opportunity. Betsy Atkinson: What would be your remedy? I don't like to go down to downtown Norfolk because I can never find a parking space. Bob Scott: Well, we may get to the point where, if we find that the parking is inadequate, I don't think we will, certainly hope we don't but lets say that we did, we may have to construct one of the future parking garages somewhat bigger or provide other parking elsewhere on some basis, but it's going to be there is no one that wins if we don't have enough parking, no one. The City is going to be in worse shape, the developer is going to be in worse shape, the tenants are going to be in worse shape, everyone is going to be in worse shape, so no one has as their goal, let's see how little parking we can put there. That is not anyone's goal. We want to be the right amount, right configuration. Betsy Atkinson: Bobby says it's not going to happen until about 5 or 6 years from now, that's when we will find out. Thank you. Ron Ripley: Questions down there? Bob, what was the number of parking before this recommended change? Was it greater than 1,3507 Item #15 City of Virginia BeaclVParking Requirements Page 4 Bob Scott: No. It was, if you were to stripe offthe available parking - in spaces, I believe it would be 1,275. Ronald Ripley: So what this will do, it will give you capacity to do other uses I would assume? Bob Scott: Yes. It will help provide parking that will support additional retail or additional office space. RonaldRipley: Could I ask, Mark do you mind addressing whatever - I would like to know, form the publics point of view, first of all, state your name please. Mark Warner: Mark Warner, Project Manager with Economic Development. Ron Ripley: Good to see you. I'd like to know - will this adjustment effect your- I know you've had studies done before you started this - I know you probably have room full of stuff, I would think and spend a lot of money doing that I'm sure. How does this play in to your total build out and total need for parking in this area? Mark Warner: Well, I think we first need to take a step back and see how we arrived at the original 3.3 number and that was based on the Towne Center concept in 1995 when the B-3A Zoning District was created. When the Towne Center associates approached us with their original development agreement, we went out and hired an independent parking consultant, Desmond and Associates, and based on the land use plan that was submitted, had the analyze for a shared parking analysis and that's the beauty of these mixed use Towne Center town project is that you have peak demand users during the day for office and, at night and weekends for the residential and for the retail it is mostly off hours, lunch, evenings and weekends. So we get to use the same parking spot more than one time and we don't have individual parking identified for each component of the project because they work together. The original study came back and Desmond and Associates supported the 3.3 per 1000 sq ft. That was with two twin, 250,000 sq ft office tower and a multiplex cinema, which had, I think the number was around 1,200 seats in that cinema. The plan that we are currently under has the second office tower is no longer included in the second phase. It has been replaced by residential apartment complex of 334 units and no longer is the cinema part of the 1~t or 2nd phase. That is now been replaced by a performing arts theatre. We had Desmond go back and reanalyze the new master plan and they said that because the office use has gone done and because the residential component compliments the office uses that are there, we can comfortably and conservatively reduce the required parking from 3.3 to 3.0 and it will be more than adequate. That study states that we were need approximately 2,200 spaces to support comfortably the square footage and the usages that we propose in Phase 1 and Phase 2 and we are providing with Phase 1 and Phase 2, 2,460 spaces. That's made up of the first garage that is under construction that you see out there right now is approximately 1,340 spaces - and two additional garages. One will have approximately 880 spaces in it and Item #15 City of Virginia Beach/Parking Requirements Page 5 the other will have approximately 330 spaces in it. Add those three together you get 2,460 spaces. In addition to that, you have surface parking on the streets, which we don't count towards zoning but is available and is significant because we are encouraging off street parking and there are several hundred additional parking spaces which will be provided for short term use for retail shoppers and people who need to run errands in Towne Center on a short term basis. So we feel very confident that this change is a compliment to the project and is supported by the data that we have from our consultants and will not be a negative at all. Ronald Ripley: Okay. Thank you very much. Any questions of Mark? Betsy Atkinson: That was very helpful. Ronald Ripley: That was - and I appreciate that very much because that was very much on my mind as to not put us in a position to where we were under designing and I certainly do think that you intended Bob, but I just want to be careful that when we get to the end of the day, we don't have a project where people can't market. It will be very frustrating. Quickly with all the public money that's gone into it. Do you have any other questions, Eddie? You speaking in behalf?. Eddie Bourdon: I'm speaking for the Gallegos Family. I'm not speaking on my own behalf. I'm speaking for Gallegos Family who own a significant parcel in the Towne Center where discussions with the City will hopefully be developing yet another phase on our property, the Towne Center but - we have concerns about the same things that you all have concerns about. The first issue, the one with the shrinking cars as they center the Towne Center- glad to see that if we're going to do this we do it City wide because obviously if it works for, you know, this developer and the City, it certainly should work for every other private developer in the City and that's the way the rules should be. We shouldn't be making them up as we go along because it's the City and their developer, so as long as you do it City wide, I think it does make sense - I mean the standards have been there since 1973 and up until now, there has not been a need to change it but you know, if it's the fight thing to do, I hope it will be as accommodating where there are other issues that come along. We have been talking a long time about how parking, we are requiring too much parking on a lot of projects, so that's encouraging that were moving in that direction. But with regard to reducing the number of spaces specifically the 3.3 down to 3. Realize that 3.3 was already a reduction. We started with a reduction of what is required elsewhere in the City to come down to 3.3. Now were talking about yet another reduction down to 3.0. We have some serious concerns and reservations that we are setting up a situation that will not work. We unfortunately, of those who supported the light rail referendum do not have effectively any mass transit. These lawyer's offices, accounting offices and other offices that are going to be located there, people have to drive to get to work and I dare say there are more, far more than 3 spaces for a 1000 square feeted office space used that will be necessary on a lot of these uses. I'm no expert. My clients quote, not an expert, unquote so I guess you have to rely on the experts but, we have serious grave misgivings about that reduction. The residential Item #15 City of Virginia Beach/Parking Requirements Page 6 reduction - probably does make a little bit more sense, but, when you look at the fact that those people are competing for the same parking spaces as are the people in the office and the retail, because spaces are not reserved -you put those two together and I think we are setting up a situation where there is going to be inadequate parking. It's interesting and I may have misunderstood what Bob said -- about the fact the spaces are going to be where the spaces are going to be - but what ultimately happens it is producing more rentable, leaseable space this way. And my thought would be you use put in place, using the current standards what is being developed and if there is extra space and there isn't a parking problem, then you allow the space to be leased versus coming back later and trying to correct the problem after the problem presents itself. Again, I certainly understand in the middle of a project with changes you want to try and be flexible but private developers where they are not in partnership with the City don't quite have the same City here. I hope the same flexibility, that's what were going to wind up with here is exhibited in other aspects of our ordinance throughout the City. But we do think that the parking with these reductions will be inadequate. Thank you. Ronald Ripley: Thank you Eddie. Just for the Commissioner's benefit, I did check with two or three sources to kind of verify what was with these standards and how they fitted in whatever, I beheve that it was an architect and their architectural firm seemed to think that, seems to be the trend with the width of this space. I wasn't too concerned about that to begin with. Three point three to 3.0, I've heard different differencing opiniOns _ some of them concerned that it is going to be you don't have enough other parking around it, to make it work, like I mentioned this morning in formal meeting in the downtown area, we have a mass transit that move people around a little better but, hopefully the connectivity to some of these other adjacent properties that might help, but also interesting number was - I know in office development, the one's we've been involved in, we like to get in excess of three, we like to get close to four quite frankly, but in these mixed uses it is a different animal and the - Dominion Tower it's closer to two, so it's - and the reasons that were given to me by the manager company was that, they do have the mass transit in that area, you will probably need a greater one in the Virginia Beach market because it's competing with more suburban type markets and you have suburban type development right in that area that has parking on the ground that won't charge anything, so, I think what Mark had to say- I think that weighs heavily on what Bob has to say, so I think that probably this is okay, so we would like to have a motion. What is your pleasure? Charles Salle': We have an item, number 15 be approved. Ronald Ripley: That's a motion, do we have a second? John Baum: I just want to make one comment. When alias called me I compared this to the HOV lanes on the interstate and they sure carry a lot more traffic than this because all of use should be traveling two or three to a car. Ronald Ripley: That is true. We have a motion by Charlie Salle', seconded by Eugene to approve the application. Item #15 City of Virginia Beach/Parking Requirements Page 7 Robert Miller: Ronald Ripley: Betsy Atkinson: Ronald Ripley: I need to abstain because my firm is working on the project. We ready to vote. Yes, I'm sorry, Betsy? I just really have a concern with the 3.3 to 3.0. Okay. Call for the question? AYE 8 ATKINSON BAUM CRABTREE AYE DIN AYE - HORSLEY AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE NAY 2 NAY NAY ABS 1 ABSENT 0 ABS Ronald Ripley: The vote passes by 8 in favor, 2 opposed and 1 abstained. Is there any other matter to become before this Commission? Hearing none I declared the meeting adjourned. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager City of Virginia Beach, Amendment to the City Zoning Ordinance MEETING DATE: February 26, 2002 Background: The 1991 CBD Master Plan, which set the framework for the efforts that led to the current development of the Town Center, also anticipated "downtown-type" development outside the Core Area (bounded by Virginia Beach Boulevard on the north, Constitution Drive on the east, Columbus Drive and the Norfolk Southern right-of-way on the south and Independence Boulevard on the west). Such development was anticipated immediately adjacent to the Core, particularly to the north where an extensive retail presence already exists with Pembroke Mall. Development of these areas should be complementary to the Core Area, particularly in terms of streetscape and overall quality. Considerations: The proposed amendments modify Section 902 of the City Zoning Ordinance pertaining to setbacks in the B-3 Central Business District. The amendments are designed to ensure development that is complementary to the Core Area in terms of streetscape and design quality. The amendments allow the Planning Director to reduce front yard setbacks of lots in the B-3 Central Business District which are located opposite property in the B-3A Pembroke Central Business Core District and separated by a public right-of-way at least 100 feet wide. The amendments set forth the circumstances in which the 'setback reductions are allowable and the procedural requirements for applications for reduced setbacks. The proposed ordinance also allows an applicant to appeal the denial of an application for reduced setbacks to the City Council. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request. Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: recommends approval. Submitting Department/Agency: Planning Department City Manage~z,3/~_-, ~'~ EY~ Staff recommends approval. Planning Commission 1 .- 2 3 4 7 8 9 10 11 12 13 15 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 1 ~2 33 34 35 36 37 38 39 4O 41 AN ORDINANCE ESTABLISHING SPECIAL SETBACK REQUIREMENTS FOR CERTAIN LOTS LOCATED WITHIN THE B-3 CENTRAL BUSINESS DISTRICT SECTION AMENDED: City Zoning Ordinance Section 902 WHEREAS, the public necessity, and good zoning practice so require; convenience, general welfare NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 902 of the City Zoning Ordinance amended and reordained, to read as follows: Sec. 902. Dimensional requirements. is hereby (a) The following chart lists the requirements within the B-I, B-IA, B-2, B-3, and B-4 Business Districts for minimum lot area, width and yard spacing for all commercial uses and structures. B-1 B-lA B-2 B-3 B-4 (1) Minimum lot area in square feet: 20,000 20,000 20,000 20,000 20,000 (2) Minimum lot width in feet:* 100 100 100 100 100 (3) Minimum front yard setback in feet~: 30 35 35 35 35 Dnless a reduced setback is allowed pursuant to subsection (f) (4 Minimum side yard setback in feet, unless a greater setback is required by section 903: (5) Minimum side yard setback adjacent to A street in feet: (6) Minimum rear yard setback in feet, unless a greater setback is required by section 903: 0 0 0 0 0 30 35 35 35 35 to additional lot width on certain corner lots. 0 0 0 0 0 *Where applicable, newly created corner lots must also adhere section 4.4 (c) of the Subdivision .Ordinance, requiring (f) N°twithstandinq the requirements of subsection (a)r the Plannin Director ma allow a reduced front ard setback on an zonin lot within the B-3 Central Business District directl o osite ro ert located within the B-3A Central Business Core District and se arated from such ro err b a ublic ri hr-of wa 43 44 "'45 46 47 48 49 50 51 $3 54 ~5 56 57 58 59 60 62 63 64 .5 68 ?0 71 72 73 74 75 7'7 78 8O 81 ..~ollowinq circumstances: /_~ the zonin lot is at least five 5 acres in area. -~ the ro osed develo ment for which the reduced setback is sou ht is of a t e ~ and ualit consistent with the standards set forth in the Com rehensive Plan and Pembroke Central Business District Master Plan; an~t _~ the ro osed develo ment does not include an buildin s or arcels which are not visua!l and functionall inte rated into the entire develo ment. .(g) A lications for a reduced setback shall include a detailed lan of develo ment and streetsca e lan showin the %elationshi of all existin and ro osed buildin s edestrian Director ma re uire as bein necessar to determine whether the a iication meets the criteria set forth in subsection f . .(h) In the event the Plannin Director denies an a lication for reduced setbacks ursuant to subsection f the a licant ma of the date on which the a lication was denied. COMMENT The amendments allow the Planning Director to reduce front yard setbacks of zoning lots in the B-3 Central Business District which are located opposite property in the B-3A Pembroke Central Business Core District and separated by a public right-of-way at least 100 feet wide. The amendments set forth the circumstances in which the setback reductions are allowable and the procedural requirements for applications for reduced setbacks. The proposed ordinance also allows an applicant to appeal the denial of an application for reduced setbacks to the City Council. Adopted by the City Council Virginia on this day of CA-8378 wmm\ordreskB-3setbackordin.wpd February 13, 2002 R-4 of the City of Virginia Beach, , 2002. APPROVED AS TO CONTENT: ah~i~Departr~e~t - - APPROVED AS TO LEGAL SUFFICIENCY: ~ity Attorney s Offi~e 2 CITY OF VIRGINIA BEACH / # 6 February 13, 2002 Background: The 1991 CBD Master Plan, which set the framework for the efforts that led to the current development of the Town Center, also anticipated "downtown-type" development outside the Core Area (bounded by Virginia Beach Boulevard on the north, · Constitution Drive on the east, Columbus Drive and the Norfolk Southern right-of-way on the south and Independence Boulevard on the west). Such development was anticipated immediately adjacent to the Core, particularly to the north where an extensive retail presence already exists with Pembroke Mall. Development of these areas should be complementary to the Core Area, particularly in terms of streetscape and overall quality. Proposed Amendments: The proposed amendments modify Section 902 of the City Zoning Ordinance pertaining to setbacks in the B-3 Central Business District. The amendments are designed to ensure development that is complementary to the Core Area in terms of streetscape and design quality. The amendments allow the Planning Director to reduce front yard setbacks of lots in the B-3 Central Business District which are located opposite property in the B-3A Pembroke Central Business Core District and separated by a public right-of-way at least 100 feet wide. The amendments set forth the circumstances in which the setback reductions are allowable and the procedural requirements for applications for reduced setbacks. The proposed ordinance also allows an applicant to appeal the denial of an application for reduced setbacks to the City Council. Evaluation: The proposed amendments are recommended for approval. The amendments prepare for anticipated "spin-off" activity related to the development of Town Center and ensure that such development is consistent with the goals and objectives of the adopted plans for the Pembroke CBD Area in terms of quality and design. Planning Commission Agenda February 13, 2002 CITY OF VIRGINIA BEACH / # 6 Page I Item #6 City of Virginia Beach/B-3 Setbacks Ordinance to Amend Section 902 of the Zoning Ordinance Pertaining to setbacks in the B-3 Central Business District February 13, 2002 CONSENT AGENDA Dorothy Wood: The next item is Item #6, which is the City of Virginia Beach. An Ordinance of an Application of the City of Vkginia Beach to amend Section 902 of the City's Zoning Ordinance. Mr. Scott or Mr. Warner? Bob Scott: I can present that to you. First of all, there does need to be one word change as presented to you this morning, on the introduction of the word "zoning lot". The purpose of it is - allow for certain developments to be developed with a more urban - approach to the development of it as we are trying to accommodate it here. I think this is a good step forward, and we certainly recommend it's approval with that one word change. Dorothy Wood: Is there any opposition to this amendment? Is there any opposition to this agenda - consent agenda item? Mr. Ripley I would move to approve the four consent agenda items. Number two with 10 conditions, number three with eight conditions and number six and 11. Ronald Ripley: We have a motion and a second by Don Horsley to approve the items as so stated. Robert Miller: Ronald Ripley: I need to abstain from item #6. My firm is working on the project. So noted. Anybody else? Commissioner's ready to vote? AYE 10 NAY 0 ABS 1 ABSENT 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MII,LER RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE ABS Kon Ripley: By a vote of 10 to O, the motion carries. (With Robert Miller abstaining). CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager A Resolution Referring to the Planning Commission Proposed Amendments to Sections 1502 and 1507 of the City Zoning Ordinance, Pertaining to Maximum Building Height and Hotel Density in the Rt-1 Resort Tourist District MEETING DATE: February 26, 2002 Background: Current zoning ordinances regulating the height and density of hotels in the RT-1 Resort Tourist District discourage the provision of open space on RT-1 lots by limiting the heigh of hotels. As a result of that limitation, hotels must occupy a greater portion of the lot, rathe~ .than have greater height, in order to obtain the same number of rooms. The effect of building. "outward" rather than upward has been the creation along Atlantic Avenue of nearly continuous blocks of structures preventing vistas of the Atlantic Ocean from locations along Atlantic Avenue and limiting opportunities for the provisions of public open space. The purpose of the ordinance which is the subject of the present Resolution is to encourage the provision of open space usable by the public between Atlantic Avenue and the Boardwalk. Considerations: The Resolution refers to the Planning Commission, for its consideration and recommendation, an ordinance containing two significant City Zoning Ordinance amendments, and directs the Commission to act within 45 days from the date of adoption of the Resolution. The amendments provide two strong incentives for the provision of public open space as a result of hotel development. The first would allow an extra 10 feet of height for every 1,000 feet of qualifying open space provided, up to a maximum height of 250 feet. This amendment would require a minimum of 10,000 square feet of open space in order to qualify for the increased height. Thus, if 10,000 square feet of qualifying open space is provided, an extra 100 feet of height is allowed, such that the hotel may be built to a height of 200 feet. The second incentive is that a hotel may have 1.5 additional rooms for every 1000 square feet of qualifying open space. By allowing increased density in addition to extra height, the ordinance encourages hotels to be built higher, and with a smaller footprint, than current zoning regulations allow. Open space qualifying for the increased height and density must: (1) consist of an area of no less than ten thousand (10,000) square feet, have a width at both the eastern and western property lines of no less than one hundred (100) feet, and extend continuously from Atlantic Avenue to the nearest public property lying east of the open space; (2) be permanently dedicated to public use by means of a recorded easement which is acceptable to the City Attorney; and (3) be unobstructed by any artificial structure standing more than eighteen (18) inches above ground level, except for benches, planters or similar decorative fixtures, public art, site lighting, bandsheils, public rest rooms, stages, or other public amenities approved by the Planning Director. The location of any such structures shall, where feasible, be located so as to preserve views of the Atlantic Ocean. The open space must also be provided either (1) on the same zoning lot as the hotel; or (2) on another lot under the same ownership as the lot on which the hotel is located and separated from that lot solely by a public street of no more than one hundred (100) feet in width and by a distance no greater than the width of the public street. Public Information: If referred to the Planning Commission, the ordinance itself would b advertised in the manner of all planning items, both before the Planning Commission meetin and the City Council meeting Alternatives: There is no requirement thatthe City Council adopt either the present Resolutio or the ordinance which is the subject of the Resolution. By adopting the Resolution referrin, the ordinance to the Planning Commission, the City Council does not approve the ordinance but only seeks the recommendation of the Planning Commission. Recommendations: Adoption of Resolution Attachments: Recommended Action: Adoption Submitting Department/Agency: Planning Department City Manager:~.~ ~, (~~ 1 2 3 4 5 6 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 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 1502 AND 1507 OF THE CITY ZONING ORDINANCE, PERTAINING TO MAXIMUM BUILDING HEIGHT AND HOTEL DENSITY IN THE RT-1 RESORT TOURIST DISTRICT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 1502 of the City Zoning Ordinance, pertaining to maximum building height and hotel density in the RT-1 Resort Tourist District. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendation concerning the aforesaid amendments no later than forty-five (45) days after the date of adoption of this Resolution. COMMENT The Resolution refers to the Planning Commission proposed amendments to Sections 1502 and 1507 of the City Zoning Ordinance. The amendments would increase the maximum building height in the RT-1 Resort Tourist District to 250 feet (or the maximum allowed by Federal Aviation Administration regulations, whichever is the lesser) and maximum hotel/motel density as an incentive for the provision of open space east of Atlantic Avenue. The Resolution also directs the Planning Commission to transmit to the City Council its recommendation concerning the proposed amendments within 45 days of the date of adoption of the Resolution, thereby allowing the Planning Commission to act upon the amendments at either its March or April meeting. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2002. 34 35 36 37 CA-8391 wmm~ordres~czol502res.wpd R-2 February 13, 2002 APPROVED AS TO CONTENT Planning Depl~fient APPROVED AS TO LEGAL SUFFICIENCY Department of Law 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 2 33 AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE PERTAINING TO MAXIMUM BUILDING HEIGHT AND HOTEL DENSITY IN THE RT-1 RESORT TOURIST DISTRICT SECTIONS AMENDED: 1507 CZO ~1502 and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 1502 and 1507 of the City Zoning Ordinance are hereby amended and reordained to read as follows: ARTICLE 15. RESORT TOURIST DISTRICTS A. RT-1 RESORT TOURIST DISTRICT Sec. 1502. feet. Dimensional requirements [RT-1 Resort Tourist District]. (a) Minimum lot size: Fourteen thousand (14,000) square (b) Minimum lot width: Seventy (70) feet. (c) Minimum yard requirements: Five (5) feet front yard, five (5) feet side yard when adjacent to a street, other than the boardwalk. (d) Maximum height: One hundred (100) feet at the easternmost property line and one and one-half (11/2) feet of height for each additional foot west of the easternmost property line not to exceed an overall maximum height of two hundred (200) feet ........................................ othez stzuctuze zega .... = .... ' ' ' . =u~ air ~avigatio~ (e) The height of any buildinq or structure may be increased above the maximum established by subsection (d) hereof if permanent open space meeting the following criteria is provided on either (i) the same zoninq lot as the buildinc or structure, or 35 36 37 38 39 40 41 43 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 61 62 63 4 (ii) on another lot under the same ownership as the lot on which the buildinq or structure is located and separated from such lot solely by a public street of no more than one hundred (100) feet in width and by a distance no Greater than the width of the public street, and: (1) the open space consists of an area of no less than ten thousand (10,000) square feet, has a width at both the eastern and western property lines of no less than one hundred (100) feet, and extends continuously from Atlantic Avenue to the nearest public property lying east of the open space; (2) a perpetual easement or other !eqal instrument, in form and content acceptable to the City Attorney, ensuring the permanent availability of such open space for use by the general public is admitted to record in th~ Clerk's Office of the Circuit Court; and (3) such open space is unobstructed by any artificial structure standing more than eiqhteen (18) inches above qround level, except for benches, decorative fixtures, liqhtinq, bandshells, planters or similar public art, site public rest rooms, stages, or other public amenities approved by the Planning Director. The location of any such structures shall, where feasible, be located so as to preserve views of the Atlantic Ocean. If the foreqoinq criteria are met, the maximum height of the principal building or structure on the same zoning lot may be ~6 67 68 69 70 71 72 /4 75 76 79 80 81 82 83 84 85 86 87 88 89 91 92 93 94 95 96 97 98 99 increased by ten (10) feet for every one thousand (1,000) square feet of open space provided, to a maximum heiqht of two hundred fifty (250) feet. (f) Notwithstandinq the provisions of subsections (d) and (e) hereof, no buildinq or other structure shall exceed the heiqht limit established by section 202(b), reqardinq air naviqation. COMMENT The proposed amendments afford an incentive for the provision of open space in the RT-1 Resort Tourist District (which is located between Atlantic Avenue and the Atlantic Ocean). A property owner may increase the height of the principal building or structure (presumably, a hotel or motel) on his or her zoning lot by 10 feet for every 1,000 square feet of permanent open space provided, with a minimum open space area of 10,000 square feet and minimum frontage of 100 feet. The maximum height increase is to 250 feet or the maximum height established by Federal Aviation Administration regulation (which is incorporated in City Zoning Ordinance Section 202Co)). The open space must be permanently dedicated to public use and must be relatively unobstructed, so as to provide a vista of the Atlantic Avenue, and must extend the entire way between the western property line (presumably, adjoining Atlantic Avenue) and the public property adjacent to the Boardwalk. This latter requirement ensures the ability of the public to access the Boardwalk and beach by using the open space. Sec. 1507. following (2) Desired design features and (a) For those uses which desired design features: Minimum lot size of twenty thousand Setback from east-west streets of with the area landscaped in landscaping, screening and buffering standards. incentives. incorporate all of the (20,000) square feet. at least ten (10) feet accordance with the specifications and Notwithstanding any provision to the contrary above, the maximum density of hotel and motel use shall be one hundred sixty (160) units per acre, of which no more than ten (10) percent shall, be dwelling units, and uses in conjunction with hotels and motels may occupy up to but not more than twenty (20) percent of the floor area of all structures {excluding parking) located on the lot. 3 102 103 104 105 106 107 109 ~-~,0 111 112 113 114 115 116 117 118 119 ~0 121 122 123 124 125 126 127 128 129 0 (b) For those uses which following desired design features: (2) incorporate all of the Minimum lot size of forty thousand (40,000) square feet. Setback from east-west streets of at least fifteen 15) feet with the area landscaped in accordance with the landscaping, screening and buffering specifications and standards. Notwithstanding any provision to the contrary above, the maximum density of hotel and motel use shall be one hundred seventy-five (175) units per acre, of which no more than ten {10) percent shall be dwelling units, and uses in conjunction with hotels and motels may occupy up to but not more than twenty-five (25) percent of the floor area of all structures located on the lot. (c) For those uses which incorporate all of the following desired design features: (1) Minimum lot size of eighty thousand (80,000) square feet or the accumulation of multiple parcels under common ownership totaling at least eighty thousand (80,000) square feet of land, such that the parcels are separated solely by a public street, of no more than one hundred (100) feet in width and by a distance not exceeding the width of the public street. (2) At least twenty (20) percent of the floor area of the hotel shall be used for convention and/or related facilities. (3) The entire lot or accumulated parcels are developed in a functionally integrated fashion. Upon complying with the foregoing conditions, the following shall apply, notwithstanding any other provision to the contrary: (1) The maximum density for hotel and motel use shall be one hundred ninety (190) units per acre, of which no more L2~l 1~2 133 134 135 136 137 138 140 142 143 144 145 146 147 148 149 150 151 152 153 (2) (3) than ten (10) percent shall be dwelling units, for the entire accumulation of parcels. Uses in conjunction with a hotel may occupy up to fifty (50) percent of the floor area of the structures. Required parking shall be at least one (1) space per lodging or dwelling unit or one (1) space per two hundred (200) square feet of floor area used for uses in conjunction with the hotel, whichever is greater. (d) In addition to the number of units otherwise allowed pursuant to this section, where open space meetinq the criteria set forth in Section 1502 (e) is provided, the number of hotel or mote] units may be increased by one and one-half (1.5) units, of which no more than ten (10) percent may be dwellinc units, for every one thousand (1,000) square feet of open space provided. COMMENT The proposed amendments afford an additional incentive for the provision of open space in the RT-1 Resort Tourist District. Under subsection (d), hotel/motel density may be increased by 1.5 units for every 1,000 square feet of open space meeting the requirements of Section 1502 (e). The number of units allowed under Section 1507 (d) is in addition to the number otherwise allowed. Thus, the density of a particular hotel or motel may be increased over the maximum density of 190 units per acre allowed by subsection (c) if qualifying open space is provided. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8388 wmmXordres \CZO1502ord. wpd February 13, 2002 R-2 APPROVED AS TO CONTENT: Planning ~p'artment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - January 2002 N. ADJOURNMENT CIVIL LAWSUITS RESOLVED DURING THE MONTH OF JANUARY, 2002 Dorothy L. Eyer, Lorraine E. l'Vessner, Lawrence E. Olah, Regina I. Olah and Penelope R. Haubeck v. City of Virginia Beach, and G. P. Pendleton and Juanita Pendleton - tax suit Holly L. Young v. Murray Wholesale Drug Corporation, First Fidelity Mortgage, Inc. and City of Virginia Beach - negligence Thomas A. Smith v. City of Virginia Beach - negligence Janet A. Powell v. City of Virginia Beach - negligence Neptune's Corner, Inc., Michael Tsangaris, and Emmanuel Christodoulakis v. City of Virginia Beach - contract/lease litigation Note: Disposition details available on request from the City Attorney's Office CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE: February 12, 2002 B R H C A R P E W PAGE: 1 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O ITEM # SUBJECT MOTION VOTE H E N Y S N O F R S N I BRIEFING: John M. Carlock, Deputy Executive A MULTIPLE BENEFITS Director, Physical CONSERVATION Planning HRPDC II/III/I CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A V/V/ SESSION B E S T A I N E D F MINUTES February 5, 2002 APPROVED G/H/1 Resolution to AUTHORIZE ADOPTED BY 10-0 Y Y y * y y y y y y y issuance/sale of $95-Million GO Bonds, CONSENT A heretofore authorized, re refunding B general obligation bonds for capital * B. Henley S projects, abstained on T CIP Laskin A Road projects 1 N only E D 2 Resolution to AUTItORIZE Hampton ADOPTED BY 11-0 Y Y Y y y y y y y y y Roads Partnership re-certification of CONSENT Commonwealth Regional Competitiveness (RCP)/APPROVING fund distribution methodology Fl Ordinance to APPROPRIATE $883,536 ADOPTED BY 11-0 Y Y Y y y y y y y y y from F E MA to Fire Depart re FEMA CONSENT Urban Search / Rescue 2002 Olympics 2 Ordinance to APPROPRIATE $478,692 ADOPTED BY l 1-0 Y Y y y y y y y y y y from Tourism special revenue to CONSENT expand City's tourism / advertising / promotional campaigns establish revenues in the event of natural disaster / serious economic condition 3 Ordinance to ACCEPT / ADOPTED BY 11-0 Y Y Y y y y y y y y y APPROPRIATE a $31,000 grant from CONSENT Va Environmental Quality to Museums & Cultural Arts re statewide stranding network. J/1 B JR ENTERPRISES, conversion of No action nonconforming use at 1636 Industrial necessary due to Park Road modified use in (DISTRICT 5 -LYNNHAVEN) the proposal being acceptable K./1 HARBOUR DEVELOPMENT CORP MODIFIED/ l 1-0 Y Y y ¥ y y ¥ y ¥ ¥ y MODIFICATION OF CONDITIONS REVISED on closure of Waring Street/Avalon CONDITION #1, Avenue granted on Oct 10, 2000 BY CONSENT (DISTRICT I - CENTERVILLE) R&T MODIFICATION OF MODIFIED, BY 8-3 Y ¥ Y Y Y N Y N N Y Y PROFFERS for CoZ from AG-1 & CONSENT (new AG-2 to Conditional I-1 at 2972 proffers limit use} Holland Road approved Jan 9, 2001 (DISTRICT 7 - PRINCESS ANNE) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE: February 12, 2002 B R H C A R P E W PAGE: 2 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O ITEM # SUBJECT MOTION VOTE H E N Y S N O F R S N 3 H.B. & SANDRA BROOKS AUTHORIZED, 11-0 Y Y Y y y y y y y y y nonconforming use to add porch/roof/ AS entrance on 54t~ St / Atlantic Ave (I 14 CONDITIONED, 54m Street) BY CONSENT (DISTRICT 5 - LYNNHAVEN) 4 SHADOW ISLAND ASSOC Variance APPROVED/ 11-0 Y Y Y y y y y y y y y to §4.4b re minimum lot width at 605 CONDITIONED, Arctic Ave BY CONSENT (DISTRICT 6 - BEACH) 5 BIL-MAR CONST. LTD CUP re DENIED 8-3 Y Y N Y Y Y Y Y Y N N independent living for senior / disabled persons Oconee Ave (DISTRICT 6 - BEACH) 6 LONG TERM CARE ASSOC CUP: APPROVED/ 11-0 Y Y Y y y y y y y y y "- ' "~ing for seniors / disabled persons CONDITIONED, .04 Old Donation Pkwy BY CONSENT (DISTRICT 5 - LYNNHAVEN) 7 NEXTEL COMMUNICATIONS CUP: DEFERRED TO 11-0 Y Y Y y y y y y y y y wireless antenna at Dominion Virginia 2/26/2002, BY Power on Ansol Ln / Landmark Sq. CONSENT (DISTRICT 3 - ROSE HALL) 8 VOICE STREAM WIRELESS CUP: APPROVED/ 11-0 Y Y Y y y y y y y y y communication towers: CONDITIONED, ]BY CONSENT a. 5740 Bayside Rd (DISTRICT 4 - BAYSIDE) b. North Witchduck Rd/1-264 (DISTRICT 2 - KEMPSVILLE) 9 OCEAN BAY VENTURES CoZ from APPROVED, BY 9-2 Y Y Y N Y N Y Y Y y y I-1 / R-SD / to Conditional A-24 / CONSENT Norfolk & Southern Railroad r-o-w / Cypress Ave (DISTRICT 6 - BEACH) L APPOINTMENTS: DEVELOPMENT AUTHORITY Unexpired thru - l 1-0 Y Y y y y y y y y y y 8/31/2004 Appointed: Donald V. Jellig PERSONNEL BOARD 3 year term - 11-0 Y Y y y y y y y y y y 3/01/2002 - Reappointed: Van H. Cunningham 2/28/2005 William H. Plackett VIRGINIA BEACH CRIME TASK FORCE Agreed to disband B Y C O N C E N S U S and recognize the members for their dedicated service M/N/ ADJOURNMENT: 7:30 PM O