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HomeMy WebLinkAboutMAY 14, 2002 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORE At-l_~rge VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH, II1, Beach - District 6 MARGARET L EURE, Centerville - District 1 WILLIAM W. HARRISON, JR., Lynnhaven - District 5 BARBARA M. HENLEY, Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 ROBERT C. MANDIGO, JR., Kempsville - District 2 NANCY K. PARKER, At-Large ROSEMARY WII~ON, At-Large JAMES K. SPORE, City Manager LESLIE L. LILLEE City Attorney RUTH HODGES-SMITH, MMC, City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 427-4304 FAX: (757) 426-5669 EMAIL: Crycncl@city. virginia-beacl~ va.us May14,2002 CITY MANAGER'S BRIEFING - Conference Room - 4:00PM Ao "SAFE BEACH" TASK FORCE Bruce Edwards, Chief, Emergency Medical Services 1I. REVIEW OF AGENDA ITEMS [[I. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark A. Tyree Key Stone Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL JOINT FORMAL SESSION AND 'April 16, 2002 CLOSED SESSIONS - Development Authority 2. SPECIAL FORMAL SESSION/PUBLIC HEARING - April 18, 2002 FY2002-03 Budget/CIP Cox High School 3. INFORMAL AND FORMAL SESSIONS Apd123,2002 G. AGENDA FOR FORMAL SESSION PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY: Salem Road and Lynnhaven Parkway 2. EXCESS CITY-OWNED PROPERTY for EXCHANGE: Ulysses T. and Yvonne S. Brown 3. LEASE OF CITY PROPERTY for DEVELOPMENT: Sentara Way and A Avenue 4. ESTABLISH SPECIAL SERVICE DISTRICT and REAL ESTATE TAX RATE - TOWN CENTER ORDINANCES/RESOLUTION 1. FY 2002-2003 Resource Management Plan: Appropriations for the fiscal year beginning July 1, 2002, ending June 30, 2003, in the sum of One Billion, Two Hundred Thirty Million, Eight Hundred Eighteen Thousand, Five Hundred Seventy-Eight Dollars ($1,230,818,578) for operations and Four Hundred Thirty-One Million, Six Hundred Sixty-Three, One Hundred Fifty-Seven Dollars ($431,663,157) in interfund transfers and regulating the payments from the city treasury, as amended. b. Establish the tax levy on real estate for fiscal year 2003 Establish the tax levy on personal property, machinery and tools for the calendar year 2003 AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) AMEND the City Code re exemption or deferral of real estate taxes for the elderly or disabled persons by increasing income and net worth limits AMEND §§ 2-104 and 2-109 of the City Code by correcting typographical errors and deleting the provisions relating to merit leave g. AMEND § 2-83 of the City Code pertaining to holidays ho AMEND the City Code re permit and inspection fees required under the Statewide Fire Prevention Code AMEND the City Code re imposition of fees, as court costs, for processing persons admitted to jail and increased courthouse security o o FY2003-2008 Capital Improvement Program (CIP): re APPROPRIATE Three Hundred Ten Million, Three Hundred Thirty-Two Thousand, Five Hundred Seventy-Eight Dollars ($310,332,578) from various sources for the FY2003 Capital Budget bo Authorize issuance of General Obligation Bonds in the maximum amount of Fifty-Nine Million, Three Hundred Thousand Dollars ($59,300,000) for various public facilities and general improvements Authorize issuance of water and sewer revenue bonds in the maximum amount of Six Million, Nine Hundred Thirty Thousand Dollars ($6,930,000) Ordinance to declare EXCESS PROPERTY on a parcel of land at Salem Road and Lynnhaven Parkway and AUTHORIZE the City Manager to convey property to RPA Salem Lynnhaven, LLC. (KEMPSVILLE - DISTRICT 2) Ordinance to declare EXCESS PROPERTY and dispose of same by a DEED OF EXCHANGE for the condemned property owned by ULYSSES T. and YVONNE S. BROWN; and, AUTHORIZE the City Manager to execute a Deed of Exchange. (PRINCESS ANNE - DISTRICT 7) Ordinance to AUTHORIZE the City Manager to execute a lease with Rosemont Interstate Center II, LLC re an office complex for a portion of Sentara Way and A Avenue. Ordinances re Town Center: a. ESTABLISH a Town Center Special Service District LEVY REAL ESTATE TAX on all property in the Town Center Special Service District Co APPROPRIATE $314,000 in real estate tax revenue from properties located within the Town Center Special Service District re enhanced maintenance for public infrastructure and public parking within this District. Ordinance to AMEND and enhance the 31st Street project in conformity with City Council approval April 24, 2002, and recommend the Development Authority approve and execute these documents. (BEACH - DISTRICT 6) Ordinance to AMEND an Ordinance (adopted May 12, 1998) re encroachment agreements for properties located adjacent to the seawall from 43rd and 58th Streets to 42nd and 58th Streets. (BEACH - DISTRICT 6) Ordinance to GRANT a new franchise for an Open Air Caf6 to TRADEWINDS L.C. t/a ROCK FISH BOARDWALKBAR AND SEAGRILL at 1601 Atlantic Avenue. (BEACH - DISTRICT 6) 10. Ordinance to ACCEPT acquisition of property in Fee Simple for right-of-way and/or Temporary and Permanent Easements by agreement or condemnation re the following projects in the Water Utility and Sewer Utility Sections of the Capital Improvement Program (CIP) for FY 2002-2003 re: a. 5-072 b. 5-082 c. 5-085 d. 5-090 e. 5-100 f. 5-105 g. 6-075 h. 6-084 'i. 6-149 Maxey Manor Water Improvements - 51% Program West Neck Road Water Improvements Lynnhaven Pump Station Modifications - Phase II Lynnhaven Parkway - Phase XI Water Improvements (VDOT) Sierra Drive Water Improvements Stumpy Lake Lane Water Improvements - 51% Program Laskin Road Sewer Improvements - Phase I (VDOT) Maxey Manor Sewer Improvements - 51% Proram Princess Anne Sewer Force Main Phase IV (VDOT) 11. Ordinances re temporary encroachments into the City's rights-of-way: (BAYSIDE - DISTRICT 4) Lake Joyce by TERRY M. P RKERSON re constructing and maintaining a deck and rip rap at 4417 Lee Avenue.. bo JOHN A. BOYNEWlCZ and RUTH R. BOYNEWICZ re continuing maintenance of an existing 42" wooden retaining wall at 2531 Beaufort Avenue. Co Lake Bradford by ROBERT M. and SUSAN R. RIEVE re constructing and maintaining rip rap and bulkhead at the rear of One Bradford Point. 12. Ordinance to APPROPRIATE $100,000 from the State and Federal Government to the Police Department's Airplane Enterprise Fund FY 2001-2002 Operating Budget re continuation of prisoner extraditions. 13. Ordinances to AMEND the City Code: a.. § 23-58 re commercial parking lots in Resort Tourist Districts 2. § 21-321.2 re maximum speed limits in designated neighborhoods 3. §§ 6-17, 6-71 and 6-116 re lifeguards 14. Resolution to ESTABLISH the Virginia Beach/Jamestown 2007 Steering Committee re the 400c' anniversary of Jamestown. J. PLANNING RECONSIDERATION: Applications of WEST NECK PROPERTIES, INC. at the northeast corner of West Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres. (DISTRICT 7 - PRINCESS ANNE) Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot minimum pavement width for interior streets Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-15 Residential ' c. Conditional Use Permit re Open Space Promotion Deferred: January 22, 2002 Febmary 5, 2002 March 5, 2002 March 26, 2002 Staff Recommendation: Planning Commission Recommendation: DISAPPROVAL OF 58 LOT PLAN APPROVAL Application of KATHRYN B. BATEMAN for a Conditional Use Permit re a recreational facility, of an outdoor nature re children learning about horses, ponies and farm life at the east side of Princess Anne Road, north of Vaughan Road (1324 Princess Anne Road), containing 3 acres. (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL o Application of DOMINION CHRISTIAN CENTER for a Conditional Use Permit re a church on the north side of Lynnhaven Parkway, east of Round Hill Road (2159 Lynnhaven Parkway), containing 1.68 acres. (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Applications of 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation at Lyn~aven Parkway and Magic Hollow Boulevard: (PRINCESS ANNE - DISTRICT 7) a Change of Zoning District Classification from R-7.5 Residential to Conditional B-2 Community Business, containing 9.46 acres. b. Conditional Use Permit re a self-storage facility (mini-warehouses) Recommendation: APPROVAL o Application of MCCOMBS BROS. MOVING AND STORAGE, INC., a Virginia corporation, for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional I-2 Heavy Industrial at Harper's Road and Dam Neck Road, containing 6.41 acres. (BEACH o DISTRICT 6) Staff Recommends: Planning Commission Recommends: DEFERRAL APPROVAL WITH CONDITIONS Application of LINDA T. CHAPPELL for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional I-1 Light Industrial at Dam Neck Road and London Bridge Road, containing 25.711 acres. (BEACH - DISTRICT 6) Recommendation: APPROVAL Applications of the City of Virginia Beach to AMEND the City Zoning Ordinance (CZO): § 203 vehicular parking requirements in the B-3A Pembroke Central Business Core District, provisions pertaining to the required dimensions of parking spaces and the use o£compact car spaces in parking garages and structures in all zoning districts §§ 111 and 901 re the definition of and certain requirements pertaining to outdoor plazas and.cafes in the B-3A Pembroke Central Business Core District Co § 902 to allow reduced setbacks from sreets for buildings and structures in the B-3A Pembroke Central Business Core District Recommendation: APPROVAL Ko APPOINTMENTS: COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD YOUTH SERVICES COORDINATING COUNCIL L. UNFINISHED BUSINESS NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - April 2002 2. ABSTRACT OF VOTES IN COUNCILMANIC ELECTION MAY 7, 2002 N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deaf) 05/09/02GW AGENDA\05/14/02 w~v.vbgov.com CITY MANAGER'S BRIEFING - Conference Room - A. "SAFE BEACH" TASK FORCE Bruce Edwards, Chief, Emergency Medical Services 4:00PM 15. REVIEW OF AGENDA ITEMS Ill. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. SPECIAL JOINT FORMAL SESSION AND CLOSED SESSIONS - Development Authority 2. SPECIAL FORMAL SESSION/PUBLIC HEARING - FY2002-03 Budget/C~ Cox High School 3. INFORMAL AND FORMAL SESSIONS April 16,2002 Apfil18,2002 Apd123,2002 G. AGENDA FOR FORMAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WItEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ho PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY: Salem Road and Lynnhaven Parkway 2. EXCESS CITY-OWNED PROPERTY for EXCHANGE: Ulysses T. and Yvonne S. Brown 3. LEASE OF CITY PROPERTY for DEVELOPMENT: Sentara Way and A Avenue 4. ESTABLISH SPECIAL SERVICE DISTRICT and REAL ESTATE TAX RATE - TOWN CENTER THE BEACON Sunday, May 5, 2002 PUBUC HEARING SALE OF EXCESS CITY PROPERTY The V~rginia Beach City Council will hold a PUBLIC HEARING on the cl,spositmn and sale of a .659 acre piece of City-owned property. Tuesday. May 14. 2002 at 6:00 p.m., in the Council Chambers of the City Hall Building {Building #1) at the Virginia Beach Municipal Center,' virginia Beach, Virginia. The ~operty is located at Salem Road and: Lynnhaven Parkway. GPIN 1475-85-4909. The purpose of this hearing will be to ob[din public input to determine whether this property should be declared "Excess of the City's needs". I! you are physically disabled or visually impaired and need assis-[ tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427-4305 (TDD - Tele- phone Der ce for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392. at the Virginia Beach Munici- pal Center. The Real Estate Office telephone number is' (757)427.4161, Ruth Hodges Smith, MMC City Cler" THE BEACON Sunday, May 5, 2002 PUBUC HEARING EXCHANGE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING to auth~ dze the exchange' of 1.352 Sq. R. of property known as GPIN 2407-7~7454 in return for ~PP~I (1) parcel owned by Ulysses T. & Yvonne S. Brown, Parcel A - N 2407-85-0230 - 2.307 Sq. Ft. The headng will be held on Tuesday. May 14, 2002 at 6:00 pm, in the City Council Chamber located in the City Hail Building #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to decide whether this property should be declared 'Excess of the City's Needs'. and exchanged t.o Mr. and Mrs Brown. Any questions conceming this matter should be directed to the Office of Real Estate, Operations Building #2. Room 392, in the Virginia. Beach Municipal Center. The telephone nurnher for the Office of Real Estate is (757) 427-4161. If you are physically disabled, or hearing or visually impaired, and you need assistance at this meeting, please call (757)427-4305 Voice/TDD. Ruth Hedges Smith, MMC City Clerk THE BEACON Sunday, May 5, 2002 PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hol(J a PUBLIC HEARING on the leasing of 6,796 S.F. of city right*of, way known as a portion of Sentara Way and A Avenue, Tuesday, May 14, 2002, at 6:00 PM in the Coun- cil Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input to determine whether this property should be leased to the developer. If you are physically disabled.o~ visually impaired and need assis- tance at this meeting, please call ~ CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427-4305 (TDD - Tele- phone Device for the Deaf). Any questions concerning this matter should be directed to the Office of iRe_al .Estate,_Build_ing #2, Room 392, at the Virginia Beach Munici. 4~,.~.r. ine Heal Estate Office telephone number is (757) Ruth Hodges Smith. MMC City Clerk THE BEACON Sunday, April 21, 2002 THE BEACON Sunday, April 28, 2002 THE BEACON Sunday, May 5, 2002 NOTICE OF PUBLIC HEARING Establishment of a ProPosed Special Service District at Town Center; Increase In Real Estate Tax Rate on Property In the Proposed District On Tuesday, May 14, 2002. the Council of the City of Virginia Beach, Virginia, will hold a publ~ hearing to discuss a propasa to establish a special service district at Town Center pursuant to Virginia Code §15.2-2400, and to increase the real estate property tax rate by $.57 par $100 of assessed valuation for all proparties located within the proposed special service district boundaries. The additional tax rev- enue will be used for purposes of providing enhanced levels of opera- tions and maintenance for the public parking facilities and public infra- structure, as well as for other purposes authorized by Virginia Code §15.2-2403. The real estate property tax increase will be effective July 1, 2002. The proposed service district and the increased tax rate is limited to the existing and immediately proposed development area in the Tow~ Center Project. Specifically, the proposed special service district is bounded to the north by Virginia Beach Boulevard, to the east by Con- stitution Drive, to the west by the proposed Central Park Avenue to its intersection with the proposed Main Street, then moving east on the proposed Main Street to its intersection with the proposed Town Cen- ter Drive, then moving south on the proposed Town Center Drive to its intersection with Columbus Street, then moving east to its intersec- tion with ConstituUon Drive. A detailed map of the spacial service district's boundaries is on file in the City Clerk's Office and available for public inspaction. The public hearing will be conducted at 6:00 p.m. in Council Chamber on the second flOor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. Interested persons may appear at such time and place to present their views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's office at 427-4303. If you are physically disabled, or hearing or visually impaired, and you need assistance at this meeting, please call 427~4305 Voice/TDD. Ruth Hodges Smith. MMC Beacon April 21, 28, Ma~j 5, 12, 2002 4076885 I. ORDINANCES/RESOLUTION 1. FY 2002-2003 Resource Management Plan: Appropriations for the fiscal year beginning July 1, 2002, ending June 30, 2003, in the sum of One Billion, Two Hundred Thirty Million, Eight Hundred Eighteen Thousand, Five Hundred Seventy-Eight Dollars ($1,230,818,578) for operations and Four Hundred Thirty-One Million, Six Hundred Sixty-Three, One Hundred Fifty-Seven Dollars ($431,663,157) in interfund transfers and regulating the payments from the city treasury, as amended. b. Establish the tax levy on real estate for fiscal year 2003 Establish the tax levy on personal property, machinery and tools for the calendar year 2003 do AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) AMEND the City Code re exemption or deferral of real estate taxes for the elderly or disabled persons by increasing income and net worth limits AMEND §§ 2-104 and 2-109 of the City Code by correcting typographical errors and deleting the provisions relating to merit leave g. AMEND § 2-83 of the City Code pertaining to holidays AMEND the City Code re permit and inspection fees required under the Statewide Fire Prevention Code AMEND the City Code re imposition of fees, as court costs, for processing persons admitted to jail and increased courthouse security 2. FY2003-2008 Capital Improvement Program (CIP): re APPROPRIATE Three Hundred Ten Million, Three Hundred Thirty-Two Thousand, Five Hundred Seventy-Eight Dollars ($310,332,578) from various sources for the FY2003 Capital Budget bo Authorize issuance of General Obligation Bonds in the maximum amount of Fifty-Nine Million, Three Hundred Thousand Dollars ($59,300,000) for various public facilities and general improvements Co Authorize issuance of water and sewer revenue bonds in the maximum amount of Six Million, Nine Hundred Thirty Thousand Dollars ($6,930,000) Ordinance to declare EXCESS PROPERTY on a parcel of land at Salem Road and Lyrmhaven Parkway and AUTHORIZE the City Manager to convey property to RPA Salem Lynnhaven, LLC. (KEMPSVILLE - DISTRICT 2) o Ordinance to declare EXCESS PROPERTY and dispose of same by a DEED OF EXCHANGE for the condemned property owned by ULYSSES T. and YVONNE S. BROWN; and, AUTHORIZE the City Manager to execute a Deed of Exchange. (PRINCESS ANNE - DISTRICT 7) Ordinance to AUTHORIZE the City Manager to execute a lease with Rosemont Interstate Center II, LLC re an office complex for a portion of Sentara Way and A Avenue. 7. Ordinances re Town Center: 10. 11. 12. a. ESTABLISH a Town Center Special Service District bo LEVY REAL ESTATE TAX on all property in the Town Center Special Service District APPROPRIATE $314,000 in real estate tax revenue from properties located within the Town Center Special Service District re enhanced maintenance for public infrastructure and public parking within this District. Ordinance to AMEND and enhance the 31st Street project in conformity with City Council approval April 24, 2002, and recommend the Development Authority approve and execute these documents. (BEACH - DISTRICT 6) Ordinance to AMEND an Ordinance (adopted May 12, 1998) re encroachment agreements for properties located adjacent to the seawall from 43ra and 58th Streets to 42nd and 58th Streets. (BEACH - DISTRICT 6) Ordinance to GRANT a new franchise for an Open Air Caf6 to TRADEWINDS L.C. t/a ROCK FISH BOARDWALKBAR AND SEAGRILL at 1601 Atlantic Avenue. (BEACH - DISTRICT 6) Ordinance to ACCEPT acquisition of property in Fee Simple for fight-of-way and/or Temporary and Permanent Easements by agreement or condemnation re the following projects in the Water Utility and Sewer Utility Sections of the Capital Improvement Program (CIP) for FY 2002-2003 re: a. 5-072 b. 5-082 c. 5-085 d. 5-090 e. 5-100 f. 5-105 g. 6-075 h. 6-084 i. 6-149 Maxey Manor Water Improvements - 51% Program West Neck Road Water Improvements Lyrmhaven Pump Station Modifications - Phase II Lynnhaven Parkway - Phase XI Water Improvements (VDOT) Sierra Drive Water Improvements Stumpy Lake Lane Water Improvements - 51% Program Laskin Road Sewer Improvements - Phase I (VDOT) Maxey Manor Sewer Improvements - 51% Proram Princess Anne Sewer Force Main Phase IV (VDOT) Ordinances re temporary encroachments into the City's rights-of-way: (BAYSIDE - DISTRICT 4) Lake Joyce by TERRY M. PARKERSON re constructing and maintaining a deck and rip rap at 4417 Lee Avenue.. bo JOHN A. BOYNEWICZ and RUTH R. BOYNEWICZ re continuing maintenance of an existing 42" wooden retaining wall at 2531 Beaufort Avenue. Lake Bradford by ROBERT M. and SUSAN R. RIEVE re constructing and maintaining rip rap and bulkhead at the rear of One Bradford Point. Ordinance to APPROPRIATE $100,000 from the State and Federal Government to the Police Department's Airplane Enterprise Fund FY 2001-2002 Operating Budget re continuation of prisoner extraditions. 13. 14. Ordinances to AMEND the City Code: a.. § 23-58 re commercial parking lots in Resort Tourist Districts b. § 21-321.2 re maximum speed limits in designated neighborhoods c. §§ 6-17, 6-71 and 6-116 re lifeguards Resolution to ESTABLISH the Virginia Beach/Jamestown 2007 Steering Committee re the 400th anniversary of Jamestown. CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: FY 2002-03 Resource Management Plan Operating Budget MEETING DATE: May 14, 2002 Background: On March 26, 2002 the City of Virginia Beach FY 2002-03 Proposed Resource Management Plan Operating Budget was presented to City Council along with the FY 2002-03 Capital Improvement Program (CIP). Workshops for the Operating Budget and CIP were held on April 2, 9, 16, 23, 30, and May 6. Public hearings were conducted on April 18 and 24. Considerations: The following ordinances are provided for Council's consideration and approval to implement the FY 2002-03 Resource Management Plan Operating Budget: An ordinance making appropriations for the fiscal year beginning July 1,2002 and ending June 30, 2003 in the sum of $1,230,818,578 for operations and $431,663,157 in interfund transfers and regulating the payment of money out of the city treasury, as amended. 2. An ordinance establishing the tax levy on real estate for fiscal year 2003. An ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 2003. An ordinance to authorize the city manager to submit an annual funding plan to the U.S. Department of Housing and Urban Development. An ordinance to amend the city code pertaining to the exemption or deferral of real estate taxes for the elderly or disabled persons by increasing income and net worth limits. An ordinance to amend the city code by correcting typographical errors and deleting the provisions relating to merit leave. Sections amended: §2-104 and §2-109. Section repealed: §2-109.1. An ordinance to amend the language of the city code pertaining to holidays. Section amended: §2-83. An ordinance to amend the city code by establishing fees for permits and inspections required under the statewide fire prevention code. An ordinance to amend the city code by providing for the imposition of fees, as court costs, for processing persons admitted to jail and for increased court house security. Public Information: Public information will be handled through the normal City Council agenda process. Alternatives: No alternatives are available to implement the FY 2002-03 Resource Management Plan Operating Budget. Recommendations: It is recommended that the attached ordinances implementing the FY 2002-03 Resource Management Plan Operating Budget be approved. Attachments: Operating Budget ordinances Recommended Action: Approval of ordinances Submitting Deee_~artment/Agen, cy: City Manager City Manage~~j i/,_..' ~ ~ City of Virginia Beach, Virginia FY 2002-03 Resource Management Plan Summary of City Council Reconciliation Workshop Amendments FY 2002-03 Operating Budget Estimated Revenue Proposed FY 2002-03 Operating Budget Eliminate increase in personal property tax on boats Reduce reimbursement from State Aid Law Enforcement (HB599 funds) Adopted FY 2002-03 Operating Budget Appropriations Proposed FY 2002-03 Operating Budget Provide 50% of the Compensation Board's reduction to Constitutional Officers Reduce VRS Life Insurance appropriation Reserve for Contingencies Reduce HRT Reserve Establish reserve for potential adjustments to Board & Commission compensation Increase funding for Police overtime Provide funds for the Rock and Roll 1/= Marathon Increase exemptions for the Tax Relief for the Elderly Program Restore funding to Building Maintenance Restore funding to Vehicle Maintenance Provide an additional 25¢ per capita for the Community Organization Grants Increase Arts Center grant Reduce transfer to Buildings General Revenue Capital Projects Fund * Adopted FY 2002-03 Operating Budget Amount $1,231,721,539 (189,750) (488,000) $1,231,043,789 $1,231,721,539 112,606 (1,200,000) (119,297) 46,000 100,000 272,000 315,514 71,500 100,000 107,750 4,177 (488,OOO) $1,231,043,789 Note: * This reduction is reflected in CIP project 3-173 Emergency Communications/Emergency Operations Centers. $250,000 was replaced with Charter Bonds and the remaining $238,000 was moved to Year 2 of the CIP. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE M~KING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 AND ENDING JUNE 30, 2003 IN THE SUM OF $1,230,818,578 FOR OPERATIONS AND $431,663,157 IN INTERFUNDTRANSFERSAND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, A~ AMENDED WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning July 1, 2002, and ending June 30, 2003, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating one billion, six hundred sixty two million, four hundred eighty one thousand, seven hundred thirty five dollars ($1,662,481,735) consisting of four hundred thirty one million, six hundred sixty three thousand, one hundred fifty seven dollars ($431,151,157) in interfund transfers and one billion, two hundred thirty million, eight hundred eighteen thousand, five hundred seventy eight dollars ($1,230,818,578) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 2003, are hereby appropriated subject to the conditions hereinafter set forth for the use of the several departments and specially designated funds of the city government, and for the purposes hereinafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 2002, and ending June 30, 2003, a summary of which is attached to this ordinance as "Attachment A - Appropriations." Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of Appropriations is set forth in said Annual Budget (previously incorporated by reference), with a summary of Estimated Revenue in Support of Appropriations attached to this ordinance as "Attachment B - Revenues." 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Section 3. With the exception of the School Operating Fund, and the Sheriff's Special Revenue Fund, the total of full-time permanent positions shall be the maximum of positions authorized for the various departments of the City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manager is further authorized to make such rearrangements of positions within and between the departments as may best meet the needs and interests of the City. Section 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a report each year to the City Council identifying the status and progress of any such organizational adjustments. Section 5. Ail current and delinquent collections of local taxes shall be credited to the General Fund and, where appropriate, to any special service district special revenue fund or any tax increment financing funds created by City Council. Transfers shall be made from the General Fund to the respective designated funds to which a special levy is made in the amount of collection for each specially designated fund. 2 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Section 6. Ail balances of the appropriations payable out of each fund of the City Treasury at the close of business for the fiscal year ending on the thirtieth day of June, 2003, unless otherwise provided for, are hereby declared to be lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the General Fund Balance, and may be used for the payment of the appropriations that may be made in the appropriation ordinance for the fiscal year beginning July 1, 2003. However, there shall be retained in the General Fund Balance an amount not less than the range of seventy-five (75) to one hundred (100) percent of the budget for city and school debt service payments for that fiscal year for contingency and emergency situations, not to be used to support appropriations approved in the ordinance for the fiscal year beginning July 1, 2003, except upon subsequent authorization by City Council. Section 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 85 86 87 88 89 90 developinq financial stratecies for the water and sanitary sewer system based on the followinq quidelines: (a) for the Water and Sewer Fund, the Goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the Goal shall be for debt service coverage on its water and sewer revenue bonds at not less than 1.50 times 91 92 93 94 95 96 97 98 99 and, on a combined basis, including water and sewer General oblication bonds, at no less than 1.20 times; and (c) for the Water and Sewer Fund, contributions from non-borrowed funds, on a five- year rolling average basis, will be sought for approximately 25% of the annual capital proqram for the water and sewer system. Section 8. Ail balances of appropriations in each fund which support authorized obligations or are encumbered at the close of business for the fiscal year ending on the thirtieth day of June, 2003, are hereby declared to be reappropriated into the fiscal year 100 101 102 103 104 105 106 107 108 109 110 1tl 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 beginning July accordingly. Section 9. No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Interfund Transfers. Section 10. Services is appropriations 1, 2003, and estimated revenues adjusted hereby authorized to approve transfers of in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as approved by City Council. Section 11. Funds in the amount of $400,000 are hereby appropriated from the General Fund Balance for the purpose of making a loan or loans to the City of Virginia Beach Development Authority ("Development Authority"). The City Manager is hereby authorized to transfer these funds to the Development Authority for this purpose provided that the aggregate amount of all such transfers does not exceed $400,000. Such transfer(s) shall be based upon a specific request by the Development Authority and upon the Director of Management Services' verification that the funds are necessary for the Development Authority to maintain an adequate cash flow. Any such transfer(s) shall be made upon terms and conditions to be determined by the City Manager, and shall be repaid by the Development Authority in an expeditious manner through the sale of land. The City Manager shall make a report to The City Manager or the Director of Management 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 City Council identifying the status of Development. Authority finances and any transfers made under this section. Section 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the programs and services adopted by the City Council. Section 13 The City Manager or the Director of Management Services is hereby authorized to change the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager must give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded debt of the City Government. Section 14. Allowances out of any of the appropriations made in this ordinance by any or all of the City departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 exceed thirty-two and one half cents ($.325) per mile_ of actual travel for the first 15,000 miles and fifteen ($.15) per mile for additional miles of such use within the fiscal year. Section 15. Ail travel expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-sum" amounts. Section 16. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons responsible for the management of the Appropriation Unit in which the violation occurred. Section 17. This ordinance shall be effective on July 1, 2002. Section 18. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on this the 14:h day of May, 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8482 S am/Budget / FY2003budget o rd. wpd R-2 May 9, 2002 193 194 195 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFIC~IENCY: / L~w Department 6 Agriculture Audit Services Benefits Administration Board of Equalization Circuit Court City Attorney City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Development Director of Finance Economic Development Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar General Services Health Housing and Neighborhood Preservation Human Resources Independent Financial Services Juvenile Probation Juvenile and Domestic Relations District Court Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Planning and Community Development Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Social Services Transfer to Other Funds Wetlands Board of Virginia Beach Zoning Board of Appeals 002 General Fund 099 Reserve for Contingencies Transfer to Other Funds Fund 002 Appropriation Totals School Instructional Technology Special Revenue Fund ,~ Fund 099 Appropriation Totals FY 2002-03 Budget 924,331 704,911 244.819 22,165 950,742 2,998,476 491.333 2,039,111 2,309,037 4,716,580 762,594 3,781,933 4,587,283 2,370,723 618,750 5.744,332 4,167,735 1.682.785 2,739,461 1,319,299 29,351,498 248.004 981,985 25,443.781 2,717,911 1,545,950 3,660,889 111,321 3,239,614 151,611 12,592,625 158.385 1,343,286 1,523,598 474,479 742,342 8.241,195 61,409.441 57,191,914 1,213,900 10,357.567 2,929,031 29,467.006 392,446.731 13.925 45,122 690,779,511 1,478,572 2,319,000 3,797,572 Education - Athletic 112 Instructional Technology Education - Cafeteria 109 School Vending Operations Fund Fund 109 Appropriation Totals School Communication Tower Technology Fund Fund 112 Appropriation Totals 114 School Cafeteria Fund Administration, Attendance, and Health Instruction Operations and Maintenance Pupil Transportation Education - Grants Education - Textbook 119 Education - Athletic 120 Police (Uniform Patrol Grant) Reserve for Contingencies 131 Library (Law Library) Reserve for Contingencies Transfer to Other Funds 115 School Operating Fund Fund 114 Appropriation Totals 116 School Grants Fund 117 School Textbook Fund Fund 115 Appropriation Totals Fund 116 Appropriation Totals Fund 117 Appropriation Totals School Athletic Special Revenue Fund Fund 119 Appropriation Totals Federal Police Department Grant Fund Fund 120 Appropriation Totals 130 Law Library Fund Fund 130 Appropriation Totals Pendleton Child Service Center Fund Social Services (Pendleton Child Service Center) Fund 131 Appropriation Totals 134 E-911 Communications Special Revenue Fund Communications and Information Technology Reserve for Contingencies Transfer to Other Funds Fund 134 Appropriation Totals 137 MH/MRJSA Special Revenue Fund Mental Health/Mental Retardation/Substance Abuse Reserve for Contingencies Fund 137 Appropriation Totals FY 2002-03 Budget 1,990,000 1,990,000 590,000 59O,0O0 22,044,189 22,044,189 19,351,963 396,622,160 66,621,814 22,982,472 505,578,409 41,078,398 41,078,398 5,876,969 5,876,969 3,251,649 3,251,649 1,482,039 31,251 1,513,290 352,334 4,460 60,000 416,794 1,313,300 1,313,300 7,038,454 97,948 752,136 7,888,538 27,937,990 60,000 27,997,990 Commonwealth's Attorney Reserve for Contingencies Transfer to Other Funds Police (Airplane Enterprise) 142 DEA Seized Property Special Revenue Fund Fund 142 Appropriation Totals 146 Police Airplane Special Revenue Fund Fund 146 Appropriation Totals 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation (Section 8) Reserve for Contingencies Fund 147 Appropriation Totals Comprehensive Services Act Special Revenue Fund 148 Comprehensive Services Act Transfer to Other Funds Reserve for Contingencies Sheriff and Corrections Fund 148 Appropriation Totals 149 Sheriff's Department Special Revenue Fund Fund 149 Appropriation Totals 150 Inmate Services Special Revenue Fund Sheriff and Corrections (Inmate Services) Transfer to Other Funds Fund 150 Appropriation Totals 151 Parks and Recreation Special Revenue Fund General Services Parks and Recreation Reserve for Contingencies Transfer to Other Funds Fund 151 Appropriation Totals 152 Tourism Growth Investment Fund Convention and Visitor Development (TGIF) General Services (TGIF) Museums Planning and Community Development (TGIF) Public Works (TGIF) Transfer to Other Funds Fund 152 Appropriation Totals Police Store Special Revenue Fund 156 Police Fund 156 Appropriation Totals 157 Sandbrid~e Special Service District Special Revenue Fund Reserve for Contingencies Fund 157 Appropriation Totals 158 EMS State Two-for-Life Special Revenue Fund Emergency Medical Services Fund 158 Appropriation Totals FY 2002-03 Budget 40,000 50,000 200,000 290,000 586,040 586,040 7,701,569 14,000 7,715,569 4,280,953 654,139 4,935,092 1,163,399 19,768,471 20,931,870 288,221 275,849 564,070 2,163,576 19,884,336 773,191 1,889 22,822,992 1,094,000 368,106 50,500 301,962 243,383 9,564,192 11,622,143 20,000 20,000 1,112,453 1,112,453 167,968 167,968 Fire (Fire Programs) Transfer to Other Funds 161 159 Fire Programs Special Revenue Fund Fund 159 Appropriation Totals A~riculture Reserve Program Special Revenue Fund Agriculture {Agricultural Reserve Program) Reserve for Contingencies Transfer to Other Funds Fund 161 Appropriation Totals 163 Tourism Advertisinq Program Special Revenue Fund Convention and Visitor Development (Tourism Advertising) Reserve for Contingencies Fund 163 Appropriation Totals 165 Lynnhaven Mall Tax Increment Financinq Fund Reserve for Contingencies Tax Increment Financing Fund 165 Appropriation Totals 166 Sandbridqe Tax Increment Financinq Fund Reserve for Contingencies Fund 166 Appropriation Totals 167 Arts and Humanities Commission Special Revenue Fund Arts and Humanities Commission Fund 167 Appropriation Totals 169 Central Business District - South TIF {Town Center) Fund Transfer to Other Funds Fund 169 Appropriation Totals 170 Marine Science Museum Special Revenue Fund Museums (Virginia Marine Science Museum) Reserve for Contingencies Convention and Visitor Development Parks and Recreation (Open Space) Public Works (Open Space) Reserve for Contingencies Transfer to Other Funds Public Works (Major Projects) Reserve for Contingencies Transfer to Other Funds 171 172 Fund 170 Appropriation Totals Sportsplex Special Revenue Fund Fund 171 Appropriation Totals Open Space Special Revenue Fund 173 Fund 172 Appropriation Totals Major Projects Special Revenue Fund Fund 173 Appropriation Totals FY 2002-03 Budget 235,094 332,510 567,604 170,985 54,082 3,748,526 3,973,593 6,846,859 152,179 6,999,038 150,000 950,000 1,100,000 1,552,966 1,552,966 432,958 432,958 1,895,712 1,895,712 6,210,512 60,000 6,270,512 316,862 316,862 49,751 52,000 1,806,197 707,947 2,615,895 343,720 8,699,565 3,086,470 12,129,755 4 180 Community Development Block Grants Housing and Neighborhood Preservation Reserve for Contingencies Transfer to Other Funds Community Development Special Revenue Fund 181 Community Development Block Loan and Grants 182 Federal HOME Grants Commonwealth's Attorney - Grants Community Corrections Court Grants Housing and Neighborhood Grants Police (Uniform Patrol Grant) Reserve for Contingencies Sheriff - Grants Social Services Grants Mental Retardation Grants Substance Abuse Grants Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds Fund 180 Appropriation Totals CD Loan and Grant Fund Fund 181 Appropriation Totals Federal Housinq Assistance Grant Fund Fund 182 Appropriation Totals 183 Grants Consolidated Fund Fund 183 Appropriation Totals 185 Mental Health Grants Fund Fund 185 Appropriation Totals 241 Water and Sewer Fund Parks and Recreation (Golf Courses) Reserve for Contingencies Transfer to Other Funds Fund 241 Appropriation Totals 243 Golf Courses Enterprise Fund Fund 243 Appropriation Totals Parking Enterprise Fund 253 Convention and Visitor Development (Parking) Reserve for Contingencies Transfer to Other Funds Fund 253 Appropriation Totals Storm Water Utility Enterprise Fund 255 Debt Service Public Works (Storm Water Operations) Reserve for Contingencies Transfer to Other Funds Fund 255 Appropriation Totals FY 2002-03 Budget 1,660,517 1,162,770 52,393 75,000 2,950,680 579,766 579,766 1,325,000 1,325,000 247,238 516,045 276,170 1,064,000 46,661 100,000 363,463 615,067 3,228,644 380,070 939,937 1,320,007 13,081,003 59,080,562 1,104,852 9,438,553 82,704,970 2,085,508 141,953 311,004 2,538,465 1,937,987 35,134 463,829 2,436,950 1,143,653 9,675,490 172,982 5,329,670 16,321,795 Debt Service 302 General Debt Fund Fund 302 Appropriation Totals 460 School General Revenue Capital Proiects Fund School Capital Projects Fund 460 Appropriation Totals 491 Water and Sewer Operating Revenue Capital Projects Fund Water and Sewer Capital Projects Fund 491 Appropriation Totals 492 Enqineerinq & Hi.clhways General Revenue Capital Projects Fund Coastal Capital Projects Economic and Tourism Development Capital Projects Roadways Capital Projects Fund 492 Appropriation Totals 493 Resort Program Capital Project Fund Economic and Tourism Development Capital Projects Fund 493 Appropriation Totals 496 Parks and Recreation General Revenue Capital Projects Fund Parks and Recreation Capital Projects Fund 496 Appropriation Totals 497 Buildings General Revenue Capital Projects Fund Building Capital Projects Fund 497 Appropriation Totals 498 Storm Water Capital Project Fund Storm Water Capital Projects Fund 498 Appropriation Totals 904 Mental Health Center Gift Fund Mental Health/Mental Retardation/Substance Abuse General Services Parks and Recreation (Gift Fund) Total Budget Appropriations Less Interfund Transfers NET BUDGET APPROPRIATIONS Fund 904 Appropriation Totals 908 City Beautification Fund Fund 908 AppropriatiOn Totals 911 Parks and Recreation Gift Fund Fund 911 Appropriation Totals FY 2002-03 Budget 90,300,050 90,300,050 3,319,000 3,319,000 3,750,000 3,750,000 1,975,000 1,953,674 9,872,924 13,801,598 100,000 100,000 2,460,000 2,460,000 8,8O7,938 8,807,938 3,734,310 3,734,310 22,661 22,661 10,200 10,200 30,000 30,000 1,662,481,735 431,663,157 1,230,818,578 Revenue from Local Sources General Property Taxes Other Local Taxes Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 002 General Fund FY 2002~03 Budget Fund 002 Revenue Totals 4O7,O58,970 188,314,082 4,316,738 4,143,097 5,796,388 4,930,247 1,089,546 53,359,320 16,721,040 5,050,083 690,779,511 O99 Revenue from Local Sources From the Use of Money and Property Specific Fund Reserves School Instructional Technoloq¥ Special Revenue Fund 109 Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves 112 Revenue from Local Sources From the Use of Money and Property Specific Fund Reserves Fund 099 Revenue Totals School Vendinq Operations Fund Fund 109 Revenue Totals School Communication Tower Technoloqy Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth State Shared Sales Tax Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 114 School Cafeteria Fund Fund 112 Revenue Totals 115 School Operating Fund Fund 114 Revenue Totals Fund 115 Revenue Totals 1,797,572 2,000,000 3,797,572 40,000 750,000 1,200,000 1,990,000 140,000 450,000 590,000 100,000 12,885,909 100,000 360,000 8,278,280 320,000 22,044,189 485,000 1,336,664 387,000 54,039,394 202,189,824 12,371,131 234,769,396 505,578,4O9 Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 116 School Grants Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth 119 Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Specific Fund Reserves 117 School Textbook Fund Fund 116 Revenue Totals 120 Revenue from the Federal Government Transfers from Other Funds Fund 117 Revenue Totals School Athletic Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Specific Fund Reserves 131 Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 134 Revenue from Local Sources Other Local Taxes From the Use of Money and Property Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 137 Revenue from Local Sources From the Use of Money and Property Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Fund 119 Revenue Totals Federal Police Department Grant Fund Fund 120 Revenue Totals 130 Law Library Fund Fund 130 Revenue Totals Pendleton Child Service Center Fund Fund 131 Revenue Totals E-911 Communications Special Revenue Fund Fund 134 Revenue Totals MH/MPJSA Special Revenue Fund FY 2002-03 Budget 12,297,673 28,780,725 41,078,398 100,000 6,000 2,080,444 3,690,525 5,876,969 40,000 345,000 2,162,782 703,867 3,251,649 631,638 881,652 1,513,290 27,500 232,000 157,294 416,794 16,000 225,478 545,000 14,616 512,206 1,313,300 5,721,039 44,775 762,333 1,360,391 7,888,538 106,553 1,619,444 15,573,045 Revenue from the Federal Government Transfers from Other Funds Fund 137 Revenue Totals 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves Fund 142 Revenue Totals Police Airplane Special Revenue Fund 146 Revenue from Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Fund 146 Revenue Totals 147 Federal Section 8 Program Special Revenue Fund Revenue from the Federal Government Transfers from Other Funds Fund 147 Revenue Totals Comprehensive Services Act Special Revenue Fund 148 Revenue from Local Sources Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 149 Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves 150 Revenue from Local Sources From the Use of Money and Property Charges for Services Fund 148 Revenue Totals Sheriff's Department Special Revenue Fund Fund 149 Revenue Totals Inmate Services Special Revenue Fund Fund 150 Revenue Totals 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 152 Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Fund 151 Revenue Totals Tourism Growth Investment Fund Fund 152 Revenue Totals FY 2002-03 Budget 1,692,164 9,006,784 27,997,990 290,000 290,000 36,250 549,790 586,040 7,701,569 14,000 7,715,569 340,800 2,622,189 1,972,103 4,935,092 1,304,769 35,040 12,580,367 400,180 5,911,514 700,000 20,931,870 15,000 549,070 564,070 539,475 9,052,695 73,000 16,900 13,140,922 22,822,992 125,925 11,496,218 11,622,143 156 Police Store Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Fund 156 Revenue Totals 157 Sandbridqe Special Service District Special Revenue Fund Revenue from Local Sources General Property Taxes Other Local Taxes From the Use of Money and Property Transfers from Other Funds Fund 157 Revenue Totals 158 EMS State Two-for-Life Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Fund 158 Revenue Totals 159 Fire Programs Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Fund 159 Revenue Totals 161 Agriculture Reserve Pro.qram Special Revenue Fund Transfers from Other Funds Fund 161 Revenue Totals 163 Tourism Advertisinfl Proflram Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Transfers from Other Funds 165 Revenue from Local Sources General Property Taxes Fund 163 Revenue Totals Lynnhaven Mall Tax Increment Financinq Fund Fund 165 Revenue Totals Sandbridqe Tax Increment Financing Fund 166 Revenue from Local Sources General Property Taxes From the Use of Money and Property Fund 166 Revenue Totals 167 Arts and Humanities Commission Special Revenue Fund Transfers from Other Funds Fund 167 Revenue Totals 169 Central Business District - South TIF (Town Center) Fund Revenue from Local Sources · General Property Taxes Specific Fund Reserves Fund 169 Revenue Totals FY 2002-03 Budget 20,000 20,000 396,000 232,479 31,848 452,126 1,112,453 167,968 167,968 567,604 567,604 3,973,593 3,973,593 62,312 700 43,000 6,893,026 6,999,038 1,100,000 1,100,000 1,511,400 41,566 1,552,966 432,958 432,958 1,069,506 826,206 1,895,712 10 170 Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Marine Science Museum Special Revenue Fund 171 Revenue from Local Sources From the Use of Money and Property Charges for Services Specific Fund Reserves Transfers from Other Funds Fund 170 Revenue Totals Sportsplex Special Revenue Fund Fund 171 Revenue Totals 172 Open Space Special Revenue Fund 173 Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Fund 172 Revenue Totals Major Projects Special Revenue Fund Fund 173 Revenue Totals 180 Community Development Special Revenue Fund Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves Revenue from the Federal Government Non-Revenue Receipts 182 Revenue from the Federal Government Non-Revenue Receipts 181 CD Loan and Grant Fund Fund 180 Revenue Totals Fund 181 Revenue Totals Federal HousinR Assistance Grant Fund Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Non-Revenue Receipts 183 Grants Consolidated Fund Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Non-Revenue Receipts Specific Fund Reserves 185 Fund 182 Revenue Totals Mental Health Grants Fund Fund 183 Revenue Totals 241 Water and Sewer Fund Fund 185 Revenu6 Totals Fund 241 Revenue Totals 11 FY 2002-03 Budget 25,000 6,066,665 178,847 6,270,512 88,000 5,000 223,862 316,862 2,615,895 2,615,895 356,635 11,773,120 12,129,755 2,682,234 199,006 69,440 2,950,680 329,766 250,000 579,766 1,300,000 25,000 1,325,000 1,644,558 1,576,586 7,500 3,228,644 118,672 1,201,335 1,320,007 3,431,427 75,017,753 173,862 3,981,928 100,000 82,704,970 Revenue from Local Sources From the Use of Money and Property Charges for Services 243 Golf Courses Enterprise Fund 253 Parking Enterprise Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Transfers from Other Funds 255 Revenue from Local Sources From the Use of Money and Property Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds Specific Fund Reserves Fund 243 Revenue Totals Fund 253 Revenue Totals Storm Water Utility Enterprise Fund Transfers from Other Funds Capital Project Reserves General Debt Fund 3O2 Fund 255 Revenue Totals Fund 302 Revenue Totals School General Revenue Capital Proiects Fund 460 Transfers from Other Funds Fund 460 Revenue Totals 491 Water and Sewer Operatinq Revenue Capital Projects Fund Transfers from Other Funds Fund 491 Revenue Totals 492 Engineering & Highways General Revenue Capital Projects Fund Transfers from Other Funds Fund 492 Revenue Totals 493 Resort Proqram Capital Project Fund Transfers from Other Funds Fund 493 Revenue Totals 496 Parks and Recreation General Revenue Capital Proiects Fund Transfers from Other Funds Fund 496 Revenue Totals 497 Buildings General Revenue Capital Projects Fund Transfers from Other Funds Fund 497 Revenue Totals 498 Storm Water Capital Project Fund Transfers from Other Funds Fund 498 Revenue Totals FY 2002-03 Budget 224,800 2,313,665 2,538,465 22,500 344,793 24,854 1,786,000 258,803 2,436,95O 178,750 11,404,695 4,446,247 60,278 231,825 16,321,795 84,916,237 5,383,813 90,300,050 3,319,000 3,319,000 3,750,000 3,750,000 13,801,598 13,801,598 100,000 100,000 2,460,000 2,460,000 8,807,938 8,807,938 3,734,310 3,734,310 12 Revenue from Local Sources Miscellaneous Revenue Revenue from Local Sources Miscellaneous Revenue Revenue from Local Sources Miscellaneous Revenue Total Budget Revenues Less Interfund Transfers NET BUDGET REVENUES 904 Mental Health Center Gift Fund 908 City Beautification Fund 911 Parks and Recreation Gift Fund Fund 904 Revenue Totals Fund 908 Revenue Totals Fund 911 Revenue Totals FY 2002-03 Budget 22,661 22,661 10,200 10,200 30,000 30,000 1,662,481,735 431,663,157 1,230,818,578 13 1 2 3 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR 2003 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sec. 1. Amount of Levy on Real Estate. There shall be levied and collected for fiscal year 2003 taxes for general purposes on all real estate, including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property, except for public service real property, which shall be on the basis as provided in Section 58.1- 2604 of the Code of Virginia. Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and ~'Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain Wetlands and Riparian Buffers. In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1- 3661, 58.1-3664, 58.1-3665 and 58.1-3666, of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2003, taxes on all real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 "Environmental Restoration Site," (e) improved to control erosion as defined by Code of Virginia ~ 58.1-3665, or (f) wetlands and riparian buffers as described by Code of Virginia ~ 58.1-3666, not exempt from taxation, at a rate of one dollar twenty-two cents ($1.22) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. There shall be levied and collected for fiscal year 2003, taxes for the special purpose of providing beach and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not exempt from taxation, at the rate of twelve cents ($.12) per annum on each one hundred dollars ($!00) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis on one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 4. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Sec. 5. Effective date. The effective date of this ordinance shall be July 1, 2002. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14t~ day of May, 2002. 68 69 Requires an affirmative vote by a majority of the members of City Council. CA-8426 Stsioutskworkkbudget ord.2002kTax Levy R.E. April 29, 2002 RI APPROVED AS TO CONTENT:. Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Of~ic& 1 2 3 4 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 2003 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 1. .Amount of Levy on Tangible Personal Property. In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all tangible personal property, including all separate classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($!00) assessed valuation thereof. In accordance with Section 58.1-3504 of the Code of Virginia (!950), as amended, certain household goods and personal effects as defined therein shall be exempt from taxation. Sec. 2. Amount of Levy on Manufactured Homes. In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all vehicles without motor power used or designated to be used as manufactured homes as defined by Section 36-85.3 of the Code of Virginia, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 3. Amount of Levy on Ail Boats or Watercraft Weighing Five Tons or More. In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all boats or watercraft weighing five (5) tons or more, except as provided for in Section 12 of this ordinance, at the rate of one dollar and fifty cents 3~ 35 36 37 38 39 ~0 ~2 ~3 ~5 ~7 48 49 SO 5~ 52 53 54 55 56 57 58 59 6O 62 63 65 67 ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 4. Amount of Levy on "Certified Pollution Control Equipment and Facilities," and "Certified Solar Energy or Recycling Equipment, Facilities or Devices," Classified as Tangible Personal Property. In accordance with Sections 58.1-3660 (A) and 58.1-3661 of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all tangible personal property (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," or (b) certified as provided 'by Code of Virginia Section 58.1-3661 as "Certified Solar Energy or Recycling Equipment, Facilities or Devices," not exempt from taxation, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 5. Amount of Levy on Machinery and Tools. In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on machinery and tools, including machinery and tools used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 6. Amount of Levy on Aircraft and Flight Simulators. In accordance with Section 58.1-3506 (A) (2,3) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all aircraft and flight simulators, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 7. Amount of Levy on Antique Motor Vehicles. In accordance with Section 58.1-3506 (A) (4) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all antique motor vehicles as 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 defined in Section 46.2-100 of the Code of Virginia,-which may be used for general transportation purposes as provided in subsection C of Section 46.2-730 of the Code of Virginia, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 8. Amount of Levy on Heavy Construction Equipment. In accordance with Section 58.1-3506 (A) (6) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all heavy construction equipment, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 9. Amount of levy on Research and Development Business Tangible Personal Property. In accordance with Section 58.1-3506 (A) (5) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all tangible personal property used in research and development businesses, not exempt from taxation, at the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 10. Amount of Levy on Energy Conversion Equipment. In accordance with Section 58.1-3506 (A) (7) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all energy conversion equipment, as described in Code of Virginia ~ 58.1-3506 (A) (7), at the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 11. Amount of Levy on Certain Computer Hardware. In accordance with Section 58.1-3506 (A) (9) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all computer hardware used by businesses primarily engaged in providing data processing services to other nonrelated or nonaffiliated businesses, not exempt from 100 101 102 103 10~ lOS 106 107 108 10~ 110 111 112 113 114 116 118 119 120 121 122 123 124 126 127 128 12~ 130 131 132 133 134 taxation, at the rate of three dollars and seventy cents~ ($3.70) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 12. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. In accordance with Section~ 58.1-3506 (A) (10), A (26), and (A) (27) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all privately-owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 13. Amount of Levy on Privately Owned Camping Trailers~ ~ Privately Owned Travel Trailers, and Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. In accordance with Section~ 58.1-3506 (A) (16) and (A) (28} of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes at the rate of one dollar and fifty cents ($1.50} on each one hundred dollars ($100) of assessed valuation thereof on the followinq property: (a} all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia, and privately owned travel trailers as defined in Code of Virqinia ~ 46.2-1900, which are used for recreational purposes only; and (b) privately owned trailers as defined in ~ 46.2-100 of the Code of Virqinia that are desiqned and used for the transportation of horses. Sec. 14. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. In accordance with Section 58.1-3506(A) (17) of the Code of Virginia, there shall be a reduced tax, levied and collected for general purposes for the calendar year 2003 at the rate of one dollar and fifty cents (Sl.50) on each one hundred dollars {$100) of assessed valuation, on one (1) motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of 4 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Veterans' Affairs. Any motor vehicles in addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the rate cr rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506(A) (17), and that his or her disability is service connected. For purposes of this ordinance, a person is blind if he or she meets the provisions of Section 46.2-739 of the Code of Virginia. Sec. 15. Amount of Levy on Motor Vehicles, Trailers and Semitrailers with a Gross Vehicle Weight of 10,000 Pounds or More. In accordance with Section 58.1-3506 (A) (23) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2003 taxes on all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce at the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 16. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-five Years of Age or Anyone Found to be Permanently and Totally Disabled. a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied at the rate of three dollars ($3.00) on each one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 1. The total combined income received, excluding the first $7,500 of income, from all sources during calendar year 2002 5 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 2OO 201 202 203 by the thousand dollars ($22,000). 2. The owner's net financial present value of all equitable interests, owner of the motor vehicle shall not exceed.twenty-two worth, including the as of December 31 of calendar year 2002, excluding the value of the principal residence and the land, not exceeding one (i) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 3. Ail income and net worth limitations shall be computed by aggregating the income and assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle may be titled. b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. Sec. 17. Assessed Value Determination. In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia Beach. Sec. 18. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Sec. 19. Effective Date. This ordinance shall be effective January 1, 2003. COMMENT The most significant change in this ordinance is the increase in the r~e of tax on priv~ely owned pleasure boats Mom less than one cent per $100 at assessed v~ue to $1 per $100 of assessed value. The changes made to section 13 relating to motor homes and camping tr~lers reflect the General Assembly's add,ion of horse trailers to this category.. 204 20~ 206 207 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8427 Stsioutskworkkbudget ordinances 2002kTax Levy Tools.ord.wpd R3 May 9, 2002 APPROVED AS TO CONTENT: Management APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O'ffice AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO S~ITANANNUAL FUNDING PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the United States Congress has established legislation designated as the Housing and Community Development Act of 1974 that sets forth the development of viable urban communities as a national goal; WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives, such as eliminating deteriorated conditions in iow and moderate income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock and community services, along with other related activities; and WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created the necessary mechanisms for its implementation in compliance with federal and local directives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to submit the City's FY 2003 Annual Funding Plan (the "Plan"} and amendments thereto, along with understandings and assurances contained therein and such additional information as may be required, to the Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. Adopted by the Council of the City of Virginia, on this 14th day of May, 2002. CA-8429 Stsiouts~WP~WORK~BUDGET ord 2002~Hud & Urban Dev. March 7, 2002 Ri APPROVED AS TO CONTENT: Management Services · Virginia Beach, APPROVED AS TO LEGAL SUFFICIENCY: C±t7 Attorne~.J~S 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE AMEND THE CITY CODE PERTAINING TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR DISABLED PERSONS BY INCREASING INCOME AND NET WORTH LIMITS SECTIONS AMENDED: ~§ 35-64 AND 35-67 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. (a) Either the exemption, deferral or freeze, but not more than one, as provided-for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age on such date. (3) For the tax exemption or deferral programs, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed ~ twenty-seven thousand ~ two hundred dollars '~ .... ~ ~ 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 4) 5) 6) (27,200.00); provided that the first six eiqht thousand five hundred dollars ..... ~vu~vv~) ($8 500.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. For the tax freeze program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed t~ forty thousand~= .................. ~=~ dollars ($31,900.00) ($40,000.00); provided that the first six eight thousand five hundred dollars ($8,500.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided that the first seven thousand five hundred dollars $7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. For the tax exemption or deferral programs, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred six thirty thousand dollars ($106,000.00) ($130,000.00). For the tax freeze program, the net combined financial worth, including equitable interests, as of December 2 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 (7) Sec. 35-67. thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred six thirty thousand dollars ($iO~,vvv. ...... ($i30,000 00) The dwelling is occupied. /~nount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All sources ..... Ol .... O ~ ..... Ol .... O ^~ 21,~ O' ~ 400 ~ 23,~v~. O~--=v, ..... o~0.~ 0.00 - 20,000 20,000.01 - 21,500 21,500.01 - 23,000 23,000.01 - 24,500 24,500.01 - 27,200 Tax Exemption 100% 8O% 60% 40% 20% No lien shall accrue as a result of the amount certified as exempt. COMMENT The increases in the amounts of income of family members that may be excluded from the total combined income calculation result from House Bill 208, adopted in the 2002 General Assembly Session. The income and net worth increases reflect current City Council policy to regularly adjust these amounts. Be it further ordained that this ordinance shall be effective on July 1, 2002. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8431 sat/work/budget/35-64&67ord.wpd R3 - May 9, 2002 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: De'p~rtment o-f /Law - - - 1 2 3 AN ORDINANCE TO AMEND THE CITY CODE BY CORRECTING TYPOGRAPHICAL ERRORS AND DELETING THE PROVISIONS RELATING TO MERIT LEAVE SECTIONS AMENDED: §§ 2-104 and 2-109 SECTION REPEALED: § 2-109.1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 BE IT ORDAINED-BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-109.1 is repealed and that Sections 2-104 and 2-109 of the City Code are hereby amended and reordained to read as follows: Sec. 2-104. Original employment. (b) An individual beginning employment for the first time shall be placed at the minimum salary of the pay range established for the class in which employed, or at the lowest salary received by any incumbent(s) in such class, whichever is lower; provided, however, that based on a new employee's prior experience, proficiency, or related criteria, a one-time signing bonus may be granted and/or placement may be accelerated up to twenty (20) percent above the minimum salary of the assigned pay range upon written recommendation by the employing authority and approval of the director or of human resources. Further acceleration within the assigned pay range may be authorized upon written recommendation by the employing authority, and approval by the director of human resources and the city manager. COMMENT A ~pographicalerroriscorrected. Sec. 2-109. Changes in pay generally. (e) Shift differential. A shift differential shall be authorized whenever an employee compensated in a classification 32 33 34 35 36 37 38 39 4O 41 42 which is not designated by the director of human _resources to require shift work is permanently assigned to work a shift which commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such employee shall receive the equivalent of a five (5) percent increase in his or her normal salary rate for all hours worked during such time period only. Employees assigned to regularly scheduled rotating shift work as designated by the director of human resources and the city manager, and employees designated by the director of human resources as "exempt" under the Fair Labor Standards Act, work shall be ineligible under the provisions of this subsection. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 COMMENT A typographical error is corrected. i~t leave Reserved. Sec. 2-109.1. ---~ . .......~.~==== leaveo~=~ ..... be leave ..... ~==~, pay =~== zs awa=u=~ to employees ...... general achmzn:stzative compensation plans based on uu~ performance performance evalua=ion program. '~-' ...... : ....... employee rated ~ ......... his ~= ..... ~.=- ==spective merit date ~uzx~ fiscal year ~ ~ ~ etermine e ~=~=~ ~ erformance ~- em oyee as achieved .... ~ · ~=o=~ on ~his rating, full-time employees who have not ~==~== ~= (P) o==~ of the pay =~= o~=~ be =w~z~=~ merit l=ave as follows- One ~'I~/~=l .... for=~=F==~== ......................uA ==~y satisfactory performance; (2) Two ......... for very good or superior performance; approval~ .... =he city manages,F=~=u==,- ............ however that full time employees completing the probationary 62 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 periv~ ......... o~=== be=~=~= .......... fez no more than two 12'; days of merit ~ =u~-tzme permanent em oyees ~= .... ~=~ o==p of .... pay range be = on mesit one &; merit leave ............. ~==~ that ............. =~=~ performance is outstanding ~or their position, or two {2) days of mesit leave if the employea demonstrates performance of an out ....... ~ .... nature, .... ~-~ res in pzactzcal znnovat~ve~=~o ...... or ~=~v~ ~v~.~ eff~czency zn ~=~=~ ~n extreme bravery or zzsk to the benefit ...... ............. leave ...... be ........... for ....... accept minimally satisfactory performance. (e) T~,=o .... section t~~*~= ..................... ,,u~,~=r 2128]o~=== ..... be in effect from .... y I ~ ~ provzszons be us prior to June ~; No employee , ..... be compensated monetazzly fez merit leave. COMMENT The section relating to merit leave is deleted because it is no longer used; by its own terms it ceased being effective in 1993. The section is now reserved for future amendments. The effective date of this ordinance shall be July 1, 2002. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA8066 Sam/budget/02-104-109ordl.wpd R-6 - May 9, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU F~IC,IENCY: A , ~.~, City Attorney'~ Of~lce APPROVED AS TO CONTENT: /p~an~Re~6urcE~-' -' 3 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 AN ORDINANCE TO AMEND THE LANGUAGE OF THE CITY CODE PERTAINING TO HOLIDAYS SECTION AMENDED: ~ 2-83 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That.Section 2-83 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as follows: Sec. 2-83. Holidays. (a) The following ~ days are designated as full-paid "holidays" and shall be so observed by the city. Ail permanent and probational merit employees shall be covered by the provisions of this section. (1 The first day of January (New Year's Day). (2 The third Monday in January (Lee Jackson ~in~ Day) (Martin Luther Kinq Dav). 3 The last Monday of May (Memorial Day). 4 The fourth day of July (Independence Day). 5 The first Monday of September (Labor Day). 6 The eleventh day of November (Veterans Day). 7 The fourth Thursday of November (Thanksgiving Day). 8 The twenty-fifth day of December (Christmas Day). 9 One-half of a regular workday on the twenty-fourth day of December (Christmas Eve), except when Christmas Eve falls on a Friday, Saturday or Sunday. (10) Two (2) flexible personal holidays (to be taken as a personal, national, religious or other holiday the city does not observe). Part-time employees shall not be eligible for these holidays. If any holiday enumerated in (1) through (8) above falls on a Saturday or Sunday, the city manager shall determine when the holiday will be observed and shall so notify affected employees and the public at least thirty (30) days prior to the holiday. If no such notice is provided by the city manager, then when any holiday enumerated in (1) through (8) above falls on a Saturday, the Friday next preceding such a day shall be a holiday, and when any holiday 38 39 40 41 42 43 enumerated in (1) through (8) above falls on a Sunday,~the Monday next following such day shall be a holiday. COMMENT This is a housekeeping ordinance that removes an outdated reference to "eight hour" days and provides the correct name for the holiday honoring Dr. Martin Luther King. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8421 Stsioutskbudget ordinances 2002k02-083.ord.wpd April 26, 2002 R2 APPROVED AS TO CONTENT: Management Services / APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's' Offi~e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND THE CITY CODE BY ESTABLISHING FEES FOR PERMITS AND INSPECTIONS REQUIRED UNDER THE STATEWIDE FIRE PREVENTION CODE SECTION ADDED: ~ 12.49.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That.Section 12 49.1 of the Code of the City of Virginia Beach is hereby added and ordained to read as follows: Fees for permits or inspections required by this article or the Virqinia Statewide. Fire Prevention Code are hereby levied in accordance with the followinq schedule: (a) Reinspection fee for 2nd re-inspection and every subsequent inspection to demonstrate compliance with the Virqinia Statewide Fire Prevention Code - Twenty five dollars ($25.00. (b) Motor vehicle display - permit fee per event site (other than dealership) - Fifty dollars ($50.00. (c) Fire watch permit fee (valid for 7 days) - required no less than 48 hours or by the first business day after the failure of a fire protection system - Twenty five dollars ($25.00. An exception to this permit requirement may be qranted by the fire marshal or his desiqnee for delays encountered in obtaininc equipment required for repairs. Id) Bonfire - permit fee per event site - Fifty dollars ($50.00). (e) Removing paint with torch - permit fee per site - Fifty dollars ($50.00). (f) Land clearinq pit burn - permit fee per month per pit burner - Fifty dollars ($50.00). Assembly or education occupancies: (i) Annual permit fee for facilities with less than 100 persons - Fifty dollars ($50.00); 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 (ii) Annual permit fee for facilities with-between 100- 500 persons - One hundred dollars ($100.00); (iii) Annual permit fee for facilities with Greater than 500 persons - One hundred fifty dollars ($150.00); (iv)ABC inspection fee -Fiftv dollars ($50.00); (v) Recalculation of occupancy load fee - Fifty dollars ($5o.oo). (h) Airports, heliports and helistops - annual permit fee - One hundred dollars ($100.00). (i) Bowling establishments - annual permit fee for refinishinG/ resurfacinq with flammable liquids - One hundred dollars ($100.00). (j) Crop ripening or coloring processes - annual permit fee - One hundred dollars ($I00.00). (k) Dry cleaning plant(flammable or non-flammable chemicals)- annual permit fee - One hundred dollars ($100.00). (1) Dust explosion hazard - annual permit fee for any process creating dust explosion hazard - One hundred dollars ($100.00). Application of flammable finishes - annual permit fee for the use or handlinq of more than 1 qallon per day - One hundred dollars ($100.00). (n) Fumiqation or insecticidal foqqinq fee - per location - Fiftv dollars ($50.00). (o) Hazardous production - annual permit fee for the use, storaqe or handlinq of any hazardous production material - One hundred dollars ($100.00). (p) Lumber yard/woodworking plant - annual permit fee for storaqe exceedinq 100,000 board feet - One hundred dollars ($100.00). (q) Matches - annual permit fee for storaqe of qreater than 25 cases or more - One hundred dollars ($100.00). 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 (r) Orqanic coatings - annual permit fee for production of greater than 1 qallon per day - One hundred dollars ($i00.00) . Tents or air supported structures - annual permit fee for tents qreater than 900 square feet or air supported structures - Fifty dollars ($50.00). Wrecking yard, junk yard or waste material plant: (i) Annual permit fee - One hundred dollars ($100.00); (ii) Annual permit fee for facilities with waste material qreater than 2,501 cubic feet - One hundred dollars ($100.00). Weldin~ and cuttinc (excludinq weldin~ shop), any operation: (i) Annual permit fee for all weldinq - Fifty dollars ($50.00); (ii) Annual permit fee for use of qreater than 200 pounds calcium carbide - One hundred dollars (iii) Annual permit fee for use of qreater than 2,000 feet cubic flammable compressed ~as - One hundred dollars ($100.00); (iv) Annual permit fee for use of qreater than 5 pounds carbide in acetylene qenerator - One hundred dollars ($100.00). Aerosoi products - annual permit fee for storaqe or display of ~reater than 500 pounds of level 2 or 3 aerosols - Fifty dollars ($50.00). Cellulose nitrate: (i) Annual permit fee for storaqe 26 or more pounds - Fifty dollars ($50.00); usinq (ii) Annual permit fee for any manufacturer cellulose nitrate - Fifty dollars ($50.00). 3 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 (x) Combustible fibers - annual permit fee for storace of greater than 100 cubic feet - Fifty dollars ($50.00). /Y) Compressed gas storace: (i) Annual permmt fee for storage greater than 750 cubic feet of flammable cas - Fifty dollars ($50.00>; (ii) Annual permit fee for storage of amounts greater than 6,000 cubic feet of non-flammable gas- Fifty dollars {$50.00); (iii) Annual Dermit fee for storace of amounts greater than 810 cubic feet of corrosive gas - Fifty dollars ($50.00); (iv) Annual permit fee for storage of any amount of toxic or highly toxic gas- Fifty dollars ($50.00). (z) Corrosives (storace and handling): (i) Annual permit fee for use, storage or handling of amounts greater than 1,000 pounds of solids - Fifty dollars ($50.00); (ii) Annual permit fee for use, storace or handlinc of amounts creater than 110 callons of liquids - Fifty dollars ($50.00). (aa) Cryocenic liquids: (i) Annual permit fee for production or sale of any amount - One hundred dollars ($I00.00); (ii) Annual permit fee for storage of greater than 500 callons of non-flammable, non-toxic cryogenic liquids - Fifty dollars ($50.00); (iii) Annual permit fee for storage of greater than 10 gallons of liquid oxycen - Fifty dollars ($50.00); (iv) Annual permit fee for storage of creater than 10 gallons of flammable cryogenic liquids - Fifty dollars ($50.00); 4 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 (v) Annual permit fee for storage of greater than 10 qallons of cryoqenic oxidizer - Fifty dollars ($50.00) . (bb) Explosives, ammunition and blastinq aqents - annual permit fee for storaqe, manufacturinq, possession, sale or any other disposition of any amount - Fifty dollars ($50.00). For 15 pounds or less smokeless powder or 1,000 small arms primers for personal use, no fee shall be required. (cc) Fireworks/pyrotechnics: (i) Permit fee per display for outside aerial display - Four hundred fifty dollars ($450.00); (ii) Permit fee for proximate audience - Two hundred fifty dollars ($250.00); (iii) Permit fee for storaqe or sales - Fifty dollars ($50.00) . (dd) Flammable and combustible liquids: (i) Annual permit fee for storaqe, use, handlinq or processinq - Fifty dollars ($50.00); (ii) Temporary AST permit fee - Fifty dollars ($50.00); (iii) Service station or repair qaraqe permit fee - Fifty dollars ($50.00); (iv) UST closure or temporary out of service permit fee - Fifty dollars ($50.00). (ee) Flammable solids - annual permit fee for storage of amounts qreater than 125 lbs. - Fifty dollars (~50.00). (ff) Highly toxic and toxic solids and liquids: (i) Annual permit fee for use, storage or handlinq of any amount of hichly toxic solids or liquids - Fifty dollars ($50.00); (ii) Annual permit fee for use, storage or handlinq of amounts qreater than 500 pounds of toxic solids - Fifty dollars ($50.00); 164 165 !66 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 (iii) Annual permit fee for use, storage or handling of amounts greater than 50 gallons of toxic liquids - Fifty dollars ($50.00). (gg) Irritants, sensitizers and health hazards: Annual permit fee for use, storage or handling of amounts creater than 1,000 pounds of solids - Fifty dollars ($50.00); (ii) Annual permit fee for use, storage or handlin~ of amounts greater than 100 ~allons of liquids - Fifty dollars ($50.00). (hh) Liquified petroleum cases - annual permit fee for each installation exceeding 30 gallons of individual water capacity or where the combined container quantity exceeds 60 ~allons - Fifty dollars ($50.00). (ii) Organic peroxides: (i) Annual permit fee for use, storage or handling of any amount of class I or II - Fifty dollars ($50.00); (ii) Annual permit fee for use, storage or handlinq of amounts creater than 25 pounds of class III - Fifty dollars ($50.00). (jj) Liquid and solid oxidizers: (i) Annual permit fee for use, storage or handling of any amount of class III or IV - Fifty dollars ($50.00); (ii) Annual permit fee for use, storage or handling of amounts greater than 50 pound of class II - Fifty dollars ($50.00); (iii) Annual permit fee for use, storace or handlinc of amounts greater than 200 pounds of class I - Fifty dollars ($50.00). 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 (kk) Pesticides - annual permit fee for use,- storage, or handling of any amount subject to regulation under the Statewide Fire Prevention Code- Fifty dollars ($50.00). (11) Radioactive materials - annual permit fee for use, storage or handling of amounts Greater than or equal to 5 REM whole body dose short term in sealed or unsealed containers - Fifty dollars ($50.00). (mm) Pyrophoric material - annual permit fee for use, storage or handling of any amount - Fifty dollars ($50.00). (nn) Unstable liquid or solid (reactive) materials: (i) Annual permit fee for use, storage or handling of any amount of class III or IV - Fifty dollars ($50.00); (ii) Annual permit fee for use, storage or handling of amounts Greater than 10 pounds of class II - Fifty dollars ($50.00). (oo) Water reactive material: (i) Annual permit fee for use, storage or handling of any amount of class III - Fifty dollars ($50.00); (ii) Annual permit fee for use, storage or handling of amounts 100 pounds or Greater of class II solids - Fifty dollars ($50.00); (iii) Annual permit fee for use, storage or handling of amounts 10 pounds or Greater of class II liquids - Fifty dollars ($50.00). The fees imposed pursuant to this section shall be used to defray the cost of enforcement and appeals under the Statewide Fire Prevention Code. 223 224 225 226 COMMENT The fees imposed by this ordinance are authorized by the Virginia Code and the Statewide Fire Prevention Code to defray the costs of enforcement and appeals. The amount of the fees are based on estimated and historic costs of such inspections. 7 227 228 Be it further ordained that the effective date of this ordinance shall be January 1, 2003. 229 230 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14~h day of May, 2002. CA-8432 ORDINkNONCODEkFire Fees Schedulel.ord R-4 May 7, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ity Attor--~y~ Office 1 2 3 4 5 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO AMEND THE CITY CODE BY PROVIDING FOR THE IMPOSITION OF FEES, AS COURT COSTS, FOR PROCESSING PERSONS ADMITTED TO JAiL AND FOR INCREASED COURT HOUSE SECURITY SECTION ADDED: ~ 1-12.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1-12.2 Of the City Code is hereby added and ordained to read as follows: Sec. 1-12.2. Assessment of court costs for the cost of persons admitted to ~ail following conviction and the costs of court house security. (a) (i) In addition to any other fees prescribed by law, a twenty five dollar ($25.00) fee is hereby imposed on every individual admitted to the city jail followinq conviction in a district or circuit court. (ii) This fee shall be ordered as a part of court costs collected by the clerk, deposited into the account of the city treasurer, and shall be appropriated to the sheriff to defray the costs of processing arrested persons in the jail. (b) (i) In addition to any other fees prescribed by law, a fee of five dollars ($5.00) is hereby imposed in each criminal and traffic case in which the defendant is convicted of a violation of 25 any statute or ordinance. The clerks of the district and circuit 26 27 28 29 30 31 32 33 courts shall charqe and collect this assessment as a part of the fees taxed as costs. {ii) After collection by the clerk of the court in which the case is heard, the assessment shall be remitted to the city treasurer and held subject to appropriation by the City Council to the sheriff's office for fundinq court house security personnel. (iii) The provisions of this subsection expire on July 1, 2004. 34 35 36 37 38 COMMENT The $25.00 jail processing and $$.00 court house security fees are authorized by Senate Bills 406 and 663, enacted in the 2002 General Assembly session. Be it further ordained that the effective date of this ordinance shall be July 1, 2002. 39 40 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14~h day of May, 2002. CA-8466 ORDIN/PROPOSED/01-12.2.ord.wpd R2 April 26, 2002 APPROVED~ AS , O CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ity Atto~f[ey' s'~ffice 2 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: FY 2002-03 Resource Management Plan Capital Improvement Program MEETING DATE: May 14, 2002 Background: On March 26, 2002 the City of Virginia Beach FY 2002-03 Proposed Resource Management Plan Capital Improvement Program (CIP) was presented to City Council along with the FY 2002-03 Operating Budget. Workshops for the CIP and Operating Budget were held on April 2, 9, 16, 23, 30, and May 6. Public hearings were conducted on April 18 and 24. Considerations: The following ordinances are provided for Council's consideration and approval to implement the FY 2002-03 Resource Management Plan Capital Improvement Program and unless otherwise noted require an affirmative vote by a majority of the members of City Council: An ordinance to adopt the FY 2003/FY2008 Capital Improvement Program and to appropriate $310,332,578 for the FY 2003 capital budget subject to funds being provided from various sources set forth herein. An ordinance authorizing the issuance of general obligation bonds in the maximum amount of $59,300,000 for various public facilities and general improvements. An ordinance authorizing the issuance of water and sewer system revenue bonds in the maximum amount of $6,930,000. Public Information: Public information will be handled through the normal City Council agenda process. Alternatives: No alternatives are available to implement the FY 2002-03 Resource Management Plan Capital Improvement Program. Recommendations: It is recommended that the attached ordinances implementing the Management Plan Capital Improvement Program be approved. FY 2002-03 Resource Attachments: Operating Budget ordinances Recommended Action: Approval of ordinances Submitting Department/Agency: City Manager City Manag~.~ )~,~ ~L. Summary of City Council Reconciliation Workshop Amendments FY 2002-031FY 2007-08 Capital Improvement Program ESTIMA TED REVENUES Proposed FY 2002-03 Capital Improvement Program Pay-As-You-Go Law Enforcement (599 Funds) Water and Sewer Fund Fund Balance General Obligation Bonds Water and Sewer Utility Bonds Lease-Purchase Private Contribution State Contribution And FY 2003-03 Capital Budget Appropriations Year 1 Years 2-6 to Date Amount Amount TOTAL $846,926,987 $311,286,578 $584,323,623 $1,742,537,188 (1,055,489) 0 0 (1,055,489) 0 (488,000) 238,000 (250,000) 0 1,400,000 0 1,400,000 (614,511) 0 0 (614,511) (1,815,610) 0 5,000,000 3,184,390 0 0 (1,400,000) (1,400,000) 0 3,938,000 10,000,000 13,938,000 0 0 15,000,000 15,000,000 (3,800,000) (5,804,000) (17,311,000) (26,915,000) Adopted FY 2002-03 Operating Budget $839,641,377 $310,332,578 $595,850,623 $1,745,824,578 APPROPRIATIONS Proposed FY 2002-03 Capital Improvement Program Economic Vitality: 31st Street Parking Garage (CIP #9-027) Safe Community: Fire and Rescue Station-Sandbridge Relocation (CIP # 3-424) Fire and Rescue Station-Shore Drive Area (CIP #3-017) Emergency Comm./Emergency Oper, Centers (CIP #3-173) Quality Physical Environment: Holland Road-Phase VII (Partial) (CIP #2-008) Witchduck Road-Phase II (VDOT)(Partial)(CIP #2-025) Rosemont Road-Phase VI (VDOT) (Partial) (CIP #2-040) Princess Anne Rd./Kempsville Rd. Inter. Impr. (VDOT) (CIP #2-048) Elbow Road Extended-Phase II-A (CIP #2-065) Baker Road Extended (CIP #2-071 ) First Colonial Rd/Va. Beach Blvd. Inter. Imp. (CIP #2-072) Buckner Road Extended (CIP #2-073) Lynnhaven Pkwy Interchange at Gmat Neck Rd (VDOT) (CIP #2-074) Salem Road Phase II (CIP #2-075) Laskin Road Gateway (CIP #2-076) West Neck Road (VDOT) (CIP #2-087) Nimmo Parkway-Phases II & III (Partial) (VDOT)(CIP #2-091 ) Indian River Road. Phase VIII (Partial) (CIP #2-106) Newtown Road (VDOT) (Partial) (CIP #2-112) Shore Drive Intersections - Demonstration Project (CIP #2-115) Salem Road - Phase III (VDOT) (Partial) (CIP #2-127) North Lynnhaven Road (Partial) (CIP #2-130) Great Neck Rd IV/London Brdge III (VDOT) (CIP #2-137) Sandbridge Corridor Improvements (Partial) (CIP #2-151 ) Elbow Road Exended- Phase II (VDOT) (Partial) (CIP #2-152) Laskin Road-Phase I (VDOT) (CIP #2-156) Laskin Road-Phase II (VDOT) (CIP #2-185) Lynnhaven Parkway-Phase XI (VDOT) (CIP #2-167) Lesner Bridge Replacement (Partial) (CIP #2-168) $846,926,987 $311,286,578 $584,323,623 $1,742,537,188 0 3,938,000 0 3,938,000 (250,000) 0 0 (250,000) 850,000 (850,000) 0 0 0 (238,000) 238,000 0 0 0 500,000 (50,000) (200,000) (259,000 0 0 (5,036,000 0 180,000 180,000 395,000 1,105,000 1,000,000 0 (400,000) (3,214,000 (300,000) 700,000 1,108,090 0 (400,000) (451,901) (3,300,000) (260,000) (752,000) 0 0 10,377,000 0 (3,000,000) (2,000,000) (230,000) (1,300,000) (2,947,000) (145,000) (2,250,000) (3,250,000) 0 0 1,618,816 0 0 (200,000) 0 0 (6,634,000) 0 0 (100,000) 0 0 (850,000) 0 170,000 0 0 0 (700,000) 0 0 (1,294,003) 0 1,657,000 5,065,913 (3,041,000) (1,684,000) (3,591,000) (400,000) (100,000) 2,452,673 0 (1,400,000) (3,514~631 ) 500,000 (509.000) (5,o36,ooo) 360,000 2,500,000 (3,614,ooo) 1,5o8,o9o (851,901) (4,312,000) 10,377,000 (5,000,000) (4,477,000) (5,645,000) 1,618,816 (200,000) (6,634,090) (lOO,OOO) (850.000) 17o,ooo (7oo,ooo) (1,294,oo3) 6,722,913 (8,316.ooo) 1,952,673 (4,914,631) Summary of City Council Reconciliation Workshop Amendments FY 2002.031FY 2007-08 Capital Improvement Program And FY 2003-03 Capital Budget Appropriations Year I Years 2-6 to Date Amount Amount TOTAL Northampton Blvd/Shore Dr Inter. Replacement (Partial) (CIP #2-170) 0 0 Dam Neck Station Road (CIP #2-180) 0 (300,000) Indian River Rd.-Ph VII (VDOT) (Partial) (CIP #2-256) 0 0 Lynnhaven ParkwayNolvo Park.way (VDOT) (CIP #2-257) (90,000) (45,000) Laskin Road-Phase III (VDOT) Partial (CIP #2-264) (15,610) 0 Traffic Safety Improvements-Phase II (CIP #2-285) 40,990 0 Princess Anne Rd.-Ph IV (FerrelI-Ph II) VDOT (CIP #2-305) 0 1,750,000 Centerville Turnpike-Phase II (CIP #2-851 ) 0 0 Rosemont Road-Phase V (ClP #2-856) 0 0 Centerville Tumpike-Phase lB (CIP #2-859) 0 0 Witchduck Road-Phase I (VDOT) (Partial) (CIP #2-931 ) (149,990) (27,000) Little Neck Point Sewer Improvements-51% Program (CIP #6-030) 0 1,400,000 Cultural and Recreational Opportunities: Pavilion Theater Replacement (CIP #3-283) 0 0 Quality Education and Lifelong Learning: Library Renovations and Replacements (ClP #3-447) 600,000 (925,081) (925,081) (1,600,000) (1,900,000) (1,124,674) (1,124,674) 1,135,313 1,000,313 (1,344,720) (1,360,330) 0 40,990 11,027,205 12,777,205 (4,340,000) (4,340,000) (5,525,000) (5,525,000) (1,895,000) (1,895,000) (228,000) (404,990) (1,400,000) 0 30,000,000 30,000,000 (600,000) 0 0 Adopted FY2002-03 Capital Improvement Program $839,641,377 $310,332,578 $595,850,623 $1,745,824,578 1 2 3 4 5 6 AN ORDINANCE TO ADOPT THE FY 2003/FY 2008 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $310,332,578 FOR THE FY 2003 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VAI~IOUS SOURCES SET FORTH HEREIN 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City Manager, on March 26, 2002, presented to City Council the Capital Improvement Program for fiscal years 2003 through 2008; WHEREAS, City Council held public hearings on the program to provide for public comment; WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital Improvement Program; and WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2003 fiscal year, as set forth in said Capital Improvement Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2003 through 2008 is hereby adopted, and the projects listed therein are hereby approved as capital projects. Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. Section 3. That funds in the amounts aggregating $310,332,578 for capital projects in the Capital Budget for the 2003 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 projects is set forth in "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, Financing Sources in support of the Capital Budget for the 2003 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment B - Financing Sources.~ Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of which is attached hereto. Section 6. That additional appropriations and the addition of capital projects shall not be initiated except with the consent and approval of the City Council first being obtained, and an appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for which it was made has been accomplished or abandoned. Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects within a project class as may best meet the needs of the City. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, reporting requirements and the Capital Improvement Program adopted by the City Council. 2 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Section 9. That the City Manager or the-Director of Management Services is hereby authorized to change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects included in this ordinance to reflect effective utilization of the financing sources. If the financing sources in support of capital projects-decline, the City Manager or the Director of Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. Section 10. That the Capital Improvement Program debt management policies contained and included in the Resource Management Plan - Executive Summary document shall be the policy guidelines of the City, and the City Manager shall annually report on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to those policies and guidelines through the Resource Management Plan. Section 11. That violation of this ordinance shall result in the City Manager taking disciplinary action against the person or persons responsible for the capital project in which the violation occurred. Section 12. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 100 101 102 103 104 decision shall not affect the validity of the remaiaing portions of this ordinance. Section 13. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 2003 Capital Budget shall be effective on July 1, 2002. 105 106 107 108 109 110 Adopted by the City Council of the City of Virginia Beach,.Virginia, on this 14~h day of May, 2002. CA-8430 ordin/noncode/FY2003-2008 CIP.ord.wpd May 1, 2002 RI 111 112 113 114 APPROVED AS TO CONTENT: Management APPROVED AS TO LEGAL SUFFICIENCY: C~y Attorney' s -Of't~i~e 4 115 116 117 Affachment A - CapitalBudgetAppropriations Project Number Pro~ects Appropriation FY 2002-2003 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 9-012 9-018 9-027 9-035 9-141 9-260 9-302 Economic Vitality 24tn Street Stage Renovations Convention Center Replacement 31s~ Street Parking Garage Town Center Pedestrian Bridge (Design) Economic Development Investment Program (On- Going) Economic and Tourism Development Partnerships Rudee Loop Development - Phase I (Partial) Total Economic and Tourism Development Projects: $ 88,986 145,150,000 3,938,000 200,000 1,753,674 300,000 9,880,850 $ 161,311,510 3-003 3-005 3-017 3-024 3-027 3-033 3-118 3-173 3-185 3-282 3-413 3-441 Safe Co ...... unity Judicial Center Parking Expansion Underground Storage Tanks - City Fire and Rescue Station - Shore Drive Area Virginia Beach Juvenile Detention Center Law Enforcement Training Academy Fire Facility Rehabilitation and Renewal Fire Training Center Improvements Emergency Communications/Emergency Operations Centers Fire Apparatus Replacement Municipal Buildings Security Enhancements Bayside Library and Police Precinct Correction Center Addition III/Bldg Maint & Landscape Reloc Total Building Projects: 80,500 600,000 50,000 3,159,157 78,812 122,000 332,510 2,304,000 1,850,000 500,000 569,313 7,585,493 S ]7.23~,7~5 Roadway Projects 2-007 2-018 2-021 2-029 2-031 2-039 2-044 2-048 2-052 2-065 2-072 2-076 2-089 2-090 2-107 2-115 2-121 2-137 2-140 2-145 2-147 2-149 2-151 2-152 2-156 2-157 2-158 2-165 2-171 Quality Physical Environment Shipp's Corner Road Bridge Replacement Major Intersection Improvements Rural Road Improvements Harris Road Street Reconstruction Computerized Traffic Signal System Upgrade/Replacement (Partial) Intelligent Transportation Systems Princess Anne Road/Kempsville Road Intersection Improvements (VDOT) Traffic Signal Rehabilitation Elbow Road Extended - Phase II - A First Colonial Road/Virginia Beach Boulevard Intersection Improvements (VDOT) Laskin Road Gateway Southeastern Parkway and Greenbelt (Partial) Nimmo Pkwy - Phase I/West Neck Road Ext Seaboard Road Shore Drive Intersections - Demonstration Project Nimmo Parkway - Phase V-A (VDOT) Great Neck IV/London Bridge III (VDOT) London Bridge Road - Phase II (VDOT) Wesleyan Drive (VDOT) Tidewater Community College Ring Road Birdneck Road - Phase II (VDOT) Sandbridge Corridor Improvements (Partial) Elbow Road Extended - Phase II (VDOT) (Partial) Laskin Road - Phase I (VDOT) Lynnhaven Parkway - Phase IX (VDOT) Holland Road - Phase VI (Partial) (VDOT) Laskin Road - Phase II (VDOT) City Wide Street Lighting Improvements 550,000 1,534,799 300,000 1,119,000 150,000 500,000 200,000 365,000 100,000 1,105,000 1,000,000 423,852 1,770,584 865,000 615,000 500,000 50,000 273,240 100,000 20,000 1,165,000 400,000 1,900,000 80,000 2,268,940 434,748 70,000 1,200,000 100,000 Project Number Pro~ects -Appropriation FY 2002-2003 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 2-172 2-176 2-179 2-256 2-263 2-268 2-284 2-285 2-305 2-833 2-837 LED Traffic Signal Upgrade Roadway Alignment and Analysis Studies Access Road for Elementary School 2005 Indian River Road - Ph VII (VDOT) (Partial) Major Bridge Reconstruction and Rehabilitation Wetlands Mitigation Banking Street Asphalt Resurfacing Traffic Safety Improvements - Phase II Princess Anne Rd.- Phase IV (Ferrell - Phase II) (VDOT) First Colonial Rd. - Phase III & Oceana Blvd. (VDOT) Various Cost Participation Projects Total Roadway Projects: Coastal Projects 8-002 8-004 8-006 8-008 8-014 8-830 Beach Profile Monitoring Program Various Minor Dredging Projects Rudee Inlet Infrastructure Improvements Beach Replenishment Lynnhaven Inlet Maintenance Dredging Rudee Inlet Dredging Total Coastal Projects: 100,000 150,000 200,000 145,000 300,000 100,000 5,472,779 890,145 2,450,000 50,000 125,000 $ 29,143,087 $ 75,000 100,000 350,000 1,000,000 100,000 350,000 $ 1,975,000 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 Water Utility Projects 5-001 5-006 5-013 5-016 5-024 5-067 5-071 5-072 5-085 5-092 5-100 5-118 5-129 5-131 5-138 5-139 5-140 5-141 5-146 5-207 5-708 Comprehensive Emergency Response & Planning - Phase I Water Appurtenances Evaluation and Improvements Water SCADA System Upgrade System Expansion Cost Participation Agreements Holland Road - Phase VI Water Improvements (VDOT) Courthouse and Sandbridge Tank Modifications Americus Ave Water Improvements - 51% Program Maxey Manor Water Improvements - 51% Program Lynnhaven Pump Station Modifications - Phase II Landstown Yard Improvements - Phase III Sierra Drive Water Improvements Computerized Mapping System Potable Wells Evaluation Program Tank Upgrade Program - Phase II Comprehensive Water Master Planning Phase IV Small Line Improvements - Phase IV Various Roadway/Stormwater Coordination Phase IV Water Request and Agreements Phase IV -51% Program Atlantic Ave Water Line Abandonment Laskin Road Improvements - Phase I (VDOT) Resort Area Neighborhood Revitalization Total Water Utility Projects: $ 200,000 200,000 200,000 400,000 90,000 230,000 5,000 70,000 100,000 160,000 200,000 150,000 225,000 750,000 300,000 100,000 200,000 Sewer Uti!it¥ Projects 6-018 Comprehensive Sewer Evaluation/Rehabilitation $ Program 6-019 Resort Area Neighborhood Revitalization 6-028 Comprehensive Emergency Response and Planning - Phase I Little Neck Point Sewer Improvements - 51% 6-030 Program 6-031 Sewer Appurtences Evaluation 6-038 Sewer SCADA System Upgrade North Landing Road/West Neck Road Sewer 6-039 Improvements 6-046 Computerized Mapping System 150,000 100,000 125,000 120,000 $ 4,075,000 500,000 1,250,000 t00,000 1,850,000 200,000 200,000 190,000 150,000 Project Number Pro~ects -Appropriation FY 2002-2003 219 220 221 222 .223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 6-063 6-065 6-067 6-068 6-069 6-071 6-072 6-075 6-076 6-081 6-082 6-083 6-084 6-102 6-138 6-149 6-938 Central Business District System Upgrade Infiltration, Inflow, and Rehabilitation - Phase IV Various Roadway/Stormwater Coordination Phase IV Sewer Requests and Agreements - Phase IV (51% Program) Birdneck Road Sewer Improvements - Phase II (VDOT) Comprehensive Sewer Master Planning - Phase III Bow Creek Neighborhood Park Sewer Improvements Laskin Road Sewer Improvements - Phase I (VDOT) Americus Ave. Sewer Improvements Laskin Road Phase II and Gateway Improvements Systems Expansion Cost Participation Agreements - Phase I Auxiliary Power Program - Sewer Pump Stations Maxey Manor 'Sewer Improvements - 51% Program Princess Anne Commons Sewer Improvements Landstown Yard Improvements - Phase III Princess Anne Sewer Force Main Phase IV (VDOT) Princess Anne Plaza Rehabilitation Total Sewer Utility Projects: 90,000 710,000 Storm Water Projects 7-004 7-005 7-010 7-024 7-025 7-063 7-067 7-091 7-145 7-183 7-281 Storm Water Infrastructure Rehabilitation North Lake Holly Watershed Elizabeth River Shores 300,000 500,000 3-275 3-283 4-004 4-009 4-010 4-020 4-028 4-033 4-936 4-949 4-950 4-954 4-955 4-959 4-964 4-970 4-971 200,000 300,000 50,000 60,000 5,000 210,000 400,000 200,000 410,000 1,000,000 160,000 75,000 1,504,292 $ 10,614,292 Southern Canal/Lead Ditch and Culvert Improvements Upper West Neck Creek Improvements Neighborhood Storm Water Infrastructure Improvements Primary System Infrastructure Improvements Residential Drainage Cost Participation Program Arctic Avenue - Baltic Avenue Storm Water Quality Enhancements Larkspur Drainage Total Storm Water Utility Projects: $ Total Quality Physical Environment Projects: S 50,000 1,462,709 90,883 100,000 200,000 804,374 1,158,465 200,000 1,367,471 57,075 203,333 Cultural and Recreational Opportunities Virginia Marine Science Museum Renewal and Replacement Pavilion Theater Replacement Open Space Program Site Acquisition Community Recreation Centers Renewals and Replacements Existing Trails Repairs Shore Drive Corridor Trails Multi-Use Recreational Fields Municipal Skate Parks Rec Office and Storage Facility at School Sites District/Community Park Development and Renovations (On-Going) Neighborhood Park Development (On-Going) Tennis Court Renovations (On-Going) Athletic Fields Upgrading and Lighting Golf Course Infrastructure and Equipment (On- Going) VBOP Greenways/Scenic Waterways Park Playgrounds Renovations Mount Trashmore Park - Renovations Total Cultural and Recreational Opportunities Projects: 5,694,310 51.501.689 75,000 19,850,000 1,000,000 450,000 250,000 300,000 1,700,000 300,000 100,000 425,000 275,000 200,000 50,000 60,000 100,000 200,000 300,000 $ 25,635,000 7 Project Number Pro~ects Appropriation FY 2002-2003 266 267 268 269 270 271 272 273 274 275 276 277 278 279 28O 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 1-001 1-028 1-029 1-031 1-032 1-062 1-074 1-083 1-084 1-090 1-196 1-201 1-220 1-221 1-222 1-223 1-224 1-225 1-228 1-229 1-232 3-262 3-447 3-198 3-038 3-100 3-114 3-200 3-212 3-213 3-214 3-216 3-217 3-273 3-446 Qualitv Education and Lifelonq Learninq Renovations and Replacements - Energy Management School Plant/Supply (Maintenance) Facility Evaluation Laskin Road Annex - Facility Master Plan Academy Facility Study Technical & Career Ed Center - Automotive Services Eqpmt. ADA School Modifications Renovations and Replacements - Various Renovations and Replacements - Reroofing Renovations and Replacements - HVAC Systems Elementary School 2005 Instructional Technology Renovation and Replacements - Grounds Kempsville Elementary School Modernization Malibu Elementary School Modernization Pembroke Elementary School Modernization Lynnhaven Elementary School Modernization Trantwood Elementary School Modernization Hermitage Elementary School Replacement Brookwood Elementary School Modernization Pembroke Meadows Elem. School Modernization Tennis Court Renovations Tidewater Community College Expansion Library Renovations and Replacements Total School Projects: $ 1,097,100 Polic~and Decision Support CIT - Electronic Ballot System $ Total Policy and Decision Support Projects: S Operational Support Various Buildings Rehabilitation and Renewal $ Various Buildings HVAC Rehabilitation Renewal Community Color Project CIT - Revenue Assessment and Collection System CIT - IT Network Infrastructure Replacement CIT - Mainframe Replacement CIT - Code Enforcement Database CIT - Section 8 Database Replacement CIT - Mental Health Client Information System CIT - Video Services Relocation Communication System Upgrades Total Operational Support Projects: $ Total Capital Budget: 85,000 65,000 75,000 75,000 500,000 1,745,820 4,214,668 2,479,700 600,000 2,319,000 462,000 325,000 325,000 400,000 4,694,001 7,186,394 7,894,808 500,000 600,000 100,000 2,883,500 3,405,256 S 42.032.247 2,000,000 2.000.000 282,376 445,216 50,000 3,500,000 156,000 755,000 250,000 140,000 1,000,000 617,755 3,424,000 10.620.347 310.332.578 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 Attachment B - Financing Sources Financing Sources Charter Bonds Community Development Federal Contribution Fund Balance General Appropriations Lease-Purchase Private Contribution Sale of Property State Gontribution Storm Water Utility Fund Water and Sewer Utility Fund Water and Sewer Revenue Bonds Total Financing Sources: Capital FY 2002-2003 $ 57,300,000 75,000 140,000 10,771,480 28,413,536 178,088,000 225,000 6,380,850 13,124,402 3,734,310 5,150,000 6,930,000 $ 310r332r578 320 Pro~ects Attachment C - Transfers Appropriation Prior to FY 2002-2003 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 Economic Vitality Transfer To: 9-026 Atlantic Ave Trolley Lanes/Traffic Mgr. $ Plan (Partial) Revenue Reduction Total Transfer To: $ Transfer From: 9-026 Atlantic Ave Trolley Lanes/Traffic Mgt. $ Plan (Partial) Total Transfer From: S Transfer To: 3-118 3-441 Safe Co..~uni ty Fire Training Center Improvements (Revenue Reduction) Correction Center Addition III/Bldg Maint & Landscape Reloc (Revenue Reduction) Total Transfer To: 1,005,000 Transfer From: 3-118 3-441 3-403 Fire Training Center Improvements Correction Center Addition III/Buldg Maint & Landscape Reloc Correction Center Sprinkler System and HVAC System Total Transfer From: ~.oo5.000 1,005,000 1.005.000 500,000 1,047,720 Quality Physical Environment Roadway Projects Transfer To: 2-065 Elbow Road Extended - Phase II-A First Colonial Rd/VA. Beach Blvd. 2-072 Intersection Imp. (Revenue Reduction) Salem Road - Phase II (Revenue 2-075 Reduction) 2-076 Laskin Road Gateway (Revenue Reduction) Nimmo Parkway - Phase V-A (VDOT) 2-121 (Revenue Reduction) Laskin Road - Phase II (VDOT) (Revenue 2-165 Reduction) 2-285 Traffic Safety Improvements - Phase II Total Transfer To: $ 1,547,720 Transfer Fr om: 2-025 2-049 2-072 2-075 2-076 2-087 2-091 2-096 2-121 2-145 2-167 2-257 2-165 Witchduck Road - Phase II(VDOT) (Partia!)$ Intersection Capacity Improvements First Colonial Rd/Va. Beach Blvd. Intersection Imp. (Revenue Reduction) Salem Road Phase II (VDOT) Laskin Road Gateway (Revenue Reduction) West Neck Road (VDOT) Nimmo Parkway-Phases II & III (Partial) (VDOT) Ferrell Parkway - Ph V (Partial) (VDOT) Nimmo Parkway - Phase V-A (VDOT) Wesleyan Drive {VDOT) Lynnhaven Parkway-Phase XI (VDOT) Lynnhaven Parkway/Volvo Parkway (VDOT) Laskin Road - Phase II (VDOT) $ 500,000 996,323 51,397 $ 1,547,720 395,000 800,000 821,260 360,000 55,740 1,170,000 90,990 $ 3,692,990 50,000 50,000 300,000 721,260 360,000 120,000 85,000 41,250 14,490 100,000 400,000 90,000 1,211,000 10 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 mro~ects Appropriation Prior to FY 2002-2003 2-931 Witchduckduck Road - Phase I (VDOT) (Partial) Total Transfer From: 149,990 $ 3,692,990 Coastal Projects Transfer To 8-008 8-077 Transfer From: 8-077 Beach Replenishment $ Citywide Sand Replenishment Project $ (Revenue Reduction) Total Transfers To:$ Citywide Sand Replenishment Project $ Total Transfers From:$ 755,767 519,261 1,275,028 1,275,028 1,275,028 Water and Sewer Utility Projects Transfer To: 5-013 Water SCADA System Upgrade 5-146 Atlantic Ave Water Line Abandonment 6-019 Resort Area Neighborhood Revitalization 6-034 Pump Station Modifications - Phase III 6-038 Sewer SCADA System Upgrade 6-065 Infiltration, Inflow, and Rehabilitation - Phase IV 6-066 Pump Station Modifications - Phase IV (Partial) 6-071 Comprehensive Sewer Master Planning - Phase III 6-084 Maxey Manor Sewer Improvements - 51% Program Total Transfers To: $ 74,000 100,000 236,000 1,798 167,000 1,190,000 3,600,000 87,244 100,000 $ 5,556,042 Transfer From: 5-004 5-009 5-012 5-015 5-065 5-068 5-081 5-095 5-104 5-108 5-134 5-142 5-603 6-009 6-015 6-023 6-029 6-033 6-036 6-047 Dam Neck Tank Salem Road/Highland Acres - 51% Program Princess Anne Commons Water Improvements Salem Road/Landstown Rd. Nimmo Parkway Station Thunderbird Drive Water Improvements - 51% Program Sherry Park Water Improvements - 51% Program Various Roadway/Stormwater Coordination - Phase III Calverton Lane Water Improvement - 51% Program Stumpy Lake Water Improvements - 51% Program Wagner Street/Rodriguez Dr. Water Improvements - 51% Program Chloramines Feed Facilities Control Center Modernization Salem Road "D" Infiltration, Inflow, and Rehabilitation - Phase II Indian River Road South Sewer Improvements Princess Anne/Courthouse/Holland Rd. Infiltration, Inflow, and Rehabilitation - Phase III Sewer Requests and Agreements - Phase III (51% Program) 19~h Street Utility Improvements 21,517 2,904 830,000 50,000 33 11,915 350,000 100,000 90,352 320,000 80,000 24,313 74,527 10,444 13,930 120,000 6,112 1,798 106,106 25,578 11 402 403 404 405 406 407 408 4O9 410 411 412 Pro~ects 6-056 6-060 6-064 6-103 6-931 6-939 6-972 Spigel/South Spigel Drive Wagner Street/Rodriguez Dr. Sewer Improvements - 51% Program Sewer Pump Station Alarm System Lake Ridge Interceptor Force Main Sandbridge Comprehensive Sewer Study - Phase II Alanton Total Transfers From: Storm Water Projects Transfer To: 7-145 7-902 Arctic Avenue-Baltic Avenue North Beach Drainage Total Transfer To: Appropriation Prior to FY 2002-2003 19,000 220,552 167, 686 1,890,000 300,000 85,556 600,000 $ 5,522,323 $ 278,529 25,000 $ 303,529 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 Transfer From: 7-144 7-181 7-819 Sandbridge Drainage Improvements Pocahontas Village Drainage System Improvements Ocean Park Storm Drainage Total Transfer From: $ 237,690 31,310 34,529 Cultural and Recreational Opportunities Transfer To: 3-275 Virginia Marine Science Museum Renewal and Replacement 4-015 Little Island District Park - Replacement Restroom Facility 4-950 Neighborhood Park Development {on-going) Total Transfer To: $ 303,529 $ 200,000 $ 100,000 100,000 Transfer From: 9-010 Virginia Marine Science Museum 4-954 Tennis Court Renovations Total Transfer From: $ 400,000 200,000 $ 200,000 Transfer To: 1-023 1-201 Qualit~ Education and Life Lonq Learninq Landstown High School/Princess Anne RoadS Pedestrian Bridge Renovations and Replacements - Grounds Total Transfer To: $ Transfer From: 1-046 Landstown High School 1-238 Kemps Landing Conversion 1-240 Bayside Middle School Addition Total Transfer From: $ 400,000 500,000 288,000 788,000 500,000 120,000 168,000 $ 788,000 12 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 AN ORDINANCE AUTHORIZING THE ISSUANCEs. OF GENERAL OBLIGATION BONDS IN THE MAXIMLR~ AMOUNT OF $59,300,000 FOR VARIOUS PUBLIC FACILITIES A~D GENERAL IMPROVEMENTS WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general obligation public improvement bonds for various purposes in the maximum amount of $59,300,000, as permitted by the City Charter, without submitting the question of their issuance to the qualified voters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $59,300,000 and issuing the City's general obligation bonds therefor. 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued public improvement bonds of the City in the maximum amount of $59,300,000, to provide funds, together with other funds that may be available, for various public improvements, including Schools, Roadways, Buildings, Coastal projects, Economic and Tourism projects, and Parks and Recreation projects for project activities that include, but not limited to, the following: preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 3. That the bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 5. That the bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the Bonds. 7. That the City Clerk, Attorney, is authorized and in collaboration with the City directed to immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. That this ordinance shall be in full force and effect from its passage. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia on this 14~h day of May, 2002. 6O Requires eight affirmative votes for adoption. CA-8467 ORDIN/NONCODE/$59,300,O00 G.O. Bonds.Ord Ri - April 23, 2002 APPROVED~~~AS ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'~ Office 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE AUTHORIZING THE ISSUANCE OF W]%TER AND SEWER SYSTEM REVENUE BONDS IN THE ~L~XIMUMAMOUNT OF $6,930,000 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system revenue bonds in the maximum amount of $6,930,000 for financing improvements and expansions to the City's water and sewer system {the "System"), as permitted by the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through borrowing $6,930,000 and issuing the City's revenue bonds ~herefor. 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water and sewer system revenue bonds of the City in the maximum amount of $6,930,000 to provide funds, together with other available funds, for financing the costs of improvements and expansions to the System. 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by 5he City from the System, and shall not be included within the otherwise authorized 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 indebtedness of the City. The bonds shall not. he deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefor, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection of ~he holders of water and sewer revenue obligations. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 2 69 70 71 72 certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. That this ordinance shall be in full force and effect from its passage. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia on this _14~h day of May, 2002. CA-8468 ordinknoncodek$6,930,000 Water and Sewer Bonds.ord April 23, 2002 Ri APPROVED AS TO CONTENT: Management Ser~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Sale of Excess City Owned Property @ Salem Road & Lynnhaven Parkway MEETING DATE: May 14, 2002 Background: Council previously reviewed this matter as a Walgreens site. When the Walgreens came in for development, staff recommended that access to the site be limited to an entrance across City owned parcel on Salem Road. Walgreens had agreed to this, and Council authorized approving an encroachment on City property for an entrance roadway. Walgreens did not develop the adjacent property. The parcel is now being developed as a 7- 11. The developer for the 7-11, RPA Salem Lynnhaven LLC, has agreed to access the site across the City property, but due to the structuring of its financing, it must own the City property. Considerations: Staff prefers that the developer own the City property instead of obtaining an encroachment. Accessing the 7-11 across City property creates a much preferred traffic movement through this congested intersection. The City paid $210,000 to acquire this site in 1997. Value was based on the property being a corner site with commercial development potential. The city purchased eight (8) other properties at this location to restrict rezoning, conditional use permit or access issues at this intersection. After the widening of Salem Road, the value of the City property was appraised at $133,000, but if the parcel is conveyed to the developer, the City imposed restrictions coupled with the currently existing easements and restrictions of record would reduce the value considerably. The developer has offered $50,000 for the property. If Council were to approve the conveyance of this property, such conveyance would be subject to the following restrictions: (i) No structure shall be constructed on the property other than in connection with the proposed entrance, landscaping, access road and stormwater management facility;(ii) The property shall only be used for an access road, stormwater management facility and landscaping;(iii) the property must be resubdivided into the adjacent property prior to any construction; and (iv) The developer must provide cross access easements to and across the City property for ingress/ingress from and to the adjacent commercial properties and the existing shopping center to Salem Road. Such cross access easements shall be subject to the approval of the City Attorney. The property will be conveyed subject to any additional conditions or restrictions deemed necessary by the City Manager and/or the City Attorney. Public Information: Advertisement for public hearing as required by Virginia Code {}15.2- 1800 and advertisement of City Council agenda. Alternatives: (i) Do not sell to developer ( which would allow it to develop property and access both Lynnhaven Parkway and Salem Road at the intersection) or (ii) Grant an encroachment for the access road (this will not work financially for developer). Recommendations: Staff recommends conveying the parcel to the developer for $50,000. Attachments: Ordinance, Plat, Location Map Recommended Action: Approve Submitting Dep_artment//~gency: Public Works City Manager: ~,-~-~' ~-., ~~ ~ ~'~' 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO RPA SALEM LY'NNHAVEN, LLC WHEREAS, the City of Virginia Beach acquired ownership of a certain parcel of real property containing approximately .659 acres, located at Salem Road and L3mnhaven Parkway (GPIN: 1475-85-4909) in the City of Virginia Beach, Virginia, (the Property) recorded in Deed Book 3746, at page 1455; and WHEREAS, the City Cotmcil is of the opinion that the Property is in excess of the needs of the City of Virginia Beach and should be sold to RPA Salem Lynnhaven, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described Property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey the said Property to RPA Salem Lynnhaven, LLC. All that certain lot, piece or parcel of land situate in the City of Virginia Beach, Virginia, and designated and described as ".659 ACRES" as shown as on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM SHIRLEY A. BUCKNER t/a WADSWORTH ENTERPRISES FOR SALEM ROAD. CH' 2-930 - KEMPSVILLE BOROUGH --- VIRGINIA BEACH, VIRGINIA SURVEY BUREAU · ENGINEERING DIVISION · DEPARTMENT OF PUBLIC WORKS · CITY OF VIRGINIA BEACH, VIRGINIA - DATE: MAY 30, 1997 . SCALE: 1"=25' ", a copy of which is attached hereto as Exhibit A. 2. That Fifty Thousand Dollars ($50,000.00) is to be the sale price of the. Property. 3. That Property shall be conveyed subject to all restrictions and easements of record and subject also to the following covenants, conditions and restrictions with the final wording thereof to be satisfactory to the City Attorney: a. No structure shall be constructed on the Property other than in connection with the proposed entrance, landscaping, access road and storrnwater management facility, all as shown on the site plan for the proposed development of the Property and the adjacent property as previously submitted to the City of Virginia Beach Department of Planning. 38 39 4O 42 43 45 47 48 5O 53. 52 53 54 55 5~ 57 b. Prior to the commencement of any construction, the Property must be resubdivided into the adjacent property to be conveyed to RPA Salem Lynnhaven, LLC so as to eliminate all interior lot lines. c. RPA Salem Lynnhaven LLC shall provide cross access easements to and across the Property for ingress/egress from and to the adjacent commercial properties as noted in that certain "Amended and Restated Declaration of Easements, Covenants and Restrictions" dated April 1,2002, and recorded in Office of the Clerk of the Circuit' Court of the City of Virginia Beach in Deed Book 4678 at Page 744 (the "Declaration") and the existing shopping center to Salem Road, all as set forth in the Declaration. Such cross access easements shall be subject to the approval of the City Attorney. d. The Property shall only be used for an access road, a stormwater management facility and landscaping. 4. The Property shall be conveyed subject to any additional conditions, restrictions or covenants as may be deemed necessary by the City Manager and/or the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ ., 2002. day of 58 59 CA- 8448 PREPARED: May 6, 2002 liOVED AS TO CONTENT orks J ~' APPROVED AS TO LEGAL SUFFICIENCY ¥, Department of Law ~.fl Exhibit "A" LOCATION MAP SCALE : 1" -- 1,600~ ,WERE · " ..... 3%%- OR~[NAGE EASEMENT LOCATION MAP EXCESS CITY PROPERTY SALEM RD./LYNNHAVEN PKWY. lC .659 ACRES GPIN 1475-85-4909 / SCALE: 1" -- 100' 1 ','-' /',,",/ /\ I~!,, PREPARED BY P/W ENG. DRAFT. 0g-APR-2002 LYNNHAVEN /pKWY' . ~-~'"1' CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Declare Certain City Property Excess and Authorize the City Manager to Dispose of Same by Executing a Deed of Exchange with Ulysses T. Brown and Yvonne S. Brown, Husband and Wife MEETING-DATE: May 14, 2002 Background: On September 24, 1996 Council authorized the acquisition of property by agreement or condemnation for First Colonial Road Phase III (CIP 2-833)/Oceana Boulevard Widening (CIP 2- 002). The City of Virginia Beach began condemnation proceedings to acquire property owned by Ulysses T. Brown and Yvonne S. Brown, on First Colonial Road. During the process, it was discovered that some of the Browns' improvements encroached on the adjacent park property owned by the City of Virginia Beach. In 1985, due to an apparent survey error, the Browns' building was built 5 feet off the approved plans, resulting in asphalt and curb on City property. In order to resolve the condemnation suit, Ulysses T. Brown and Yvonne S. Brown have agreed to settle the condemnation matter with an even-value property exchange, which will eliminate the encroachment and result in no financial cost to the City for the acquired property. Staff reviewed this request and agree it is in the best interest of the City to convey 1,352 Sq. Ft. (0.03 Acre) of City land (valued by the City Assessor at $5,404.00, and by the City's appraiser at $8,112.00). In return, the Browns agree to convey to the City 360 Sq. Ft. (0.008 Ac.) Take Area; 69 Sq. Ft. (0.001 Ac.) Drainage Easement; 1,137 Sq. Ft. (0.026 Ac.) Virginia Power Easement; and 741 Sq. Ft. (0.017 Ac.) Bell Atlantic Easement and forego any claim for damages on the remainder for their property, (valued by the City's appraiser at $8,000.00) to the City of Virginia Beach. The settlement will also resolve the Browns' $60,000 alleged damage claim, for loss of parking. Considerations: The project giving rise to the condemnation is known as First Colonial Road Phase III (CIP 2-833)/Oceana Boulevard Widening (CIP 2-002). The Parks and Recreation Department determined that the property owned by the City is in excess of the City's needs. The City's Excess Property Committee concurs. The exchange for the property being condemned will settle the unauthorized encroachment and condemnation action, without monetary payment. Public Information: As required by Virginia Code Section 15.2-1800, a public hearing regarding the disposition of the City's property has been advertised more than one week prior to hearing date. Alternatives: City may retain ownership of property, proceed with condemnation action or other efforts to settle. Recommendations: The adoption of the attached ordinance which declares portion of the City's parcel of property excess and authorizes the City Manager to execute the Deed of Exchange in accordance with the Summary of Terms attached hereto is recommended. Attachments: Drawing Showing Property Exchange Ordinance Maps - Exhibit A and B Deed of Exchange Summary of Terms IRecommended Action: Approve Submitting Department/Agency: Pu_blic Works City Manager~~-e,~ COLO,',rl L R ~ LOCATION MAP SCALE:'I'=2640' ',.-.~UOL RECREATION GROUNDs- GPIN 2407 75 7454 75.02' 8.0~ MCKAIN LIMITED PARTERSHiP GPIN 2407 85 0230 GPIN BROWN PARCEL ,,A. 2407 8,3 0230 FROM C.V.B. TO BROWN AREA_ - 1,3,32 SQ. FT. (IN FEE) · 1~. 277 PG. 89) 6.66 FIRST VIRGINIA POWER EASEMENT (M. B. 277 PG. 89) BELL ATLANTIC EASEMENT (M. B. 277 PG. 89) NEW R/W EXIST. R/W COLONIAL (PROJECT U000-134-118~ C-503 VARIABLE WIDTH R/W LEGEND FROM C.V.B. TO BROWN FROM TO BROWN TO C.V.B. FROM BROWN TO C.V.B. FROM BROWN TO C,V.B. · . 8.07' FEE SIMPLE TAKE AREA FOR R/W, 360 FROM BROWN TO C.V.B. ROAD sq. FT. 'FROM BROWN TO C.V.B AREA = 2,307 SQ. FT. (IN FEE AND EASEMENTS) EXHIBIT DRAWING PROPERTY EXCHANGE BETWEEN BETWEEN THE CITY OF VIRGINIA BEACH AND ULYSSES T. & YVONNE S. BROWN PM/ /ENGINEEP, JNG /SURVEY BUREAU ~O: d:~joyce\dgn\firstcolonlal\xchansdrw SCALE: 1' -- 25' DATE: APPJL 30, 200 ORDINANCE NO. - , 7 8 9 I0 i1 !2 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 AN ORDINANCE TO DECLARE CERTAIN CITY PROPERTY EXCESS AND AUTHORIZE TI:IE CITY MANAGER TO DISPOSE OF SAME BY EXECUTING A DEED OF EXCHANGE WITH ULYSSES T. BROWN AND YVONNE S. BROWN IN SETTLEMENT OF A CONDEMNATION ACTION WHEREAS, the City Council of the City of Virginia Beach has authorized and funded First Colonial Road Phase 111 (CIP 2-833)/Oceana Boulevard Widening (CIP 2-002), for right-of-way purposes in the City of Virginia Beach; WHEREAS, the City of Virginia Beach owns property located at 229 First Colonial Road, Virginia Beach, Virginia and uses it as a public park; WHEREAS, Ulysses T. Brown and Yvonne S. Brown own the property located at 225 First Colonial Road, Virginia Beach, Virginia, which is adjacent to the City's property referenced above. The Browns developed their property in 1985. During construction, the Brown's parking lot and curb were built five (5) feet on the City's property, due to an apparent survey error. The encroachment was unauthorized; WHEREAS, the City of Virginia Beach recorded Certificate of Take No. 1515 in the amount of $8,000.00 against the Browns for 360 Sq. Ft. (0.008 Ac.) Take Area; 69 Sq. Ft. (0.001 Ac.) Drainage Easement; 1,137 Sq. Ft. (0.026 Ac.) Virginia Power Easement; and 741 Sq. Ft. (0.017 Ac.) Bell Atlantic Easement, for the First Colonial Road Phase 1II (CIP 2-833)/Oceana Boulevard Widening (CIP 2-002) (225 First Colonial Road), as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR OCEANA BOULEVARD & FIRST COLONIAL ROAD EXTENSION PROJECT BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM PARCEL 060, ULYSSES T. & YVONNE S. BROWN," Scale: 1"=30', dated 03/03/98, prepared by Patton Hams Rust & Associates, PC, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 277, at page 89, Exhibit A (the "Condemned Land and Easements"); WHEREAS, the Browns claim approximately $60,000 in damage due to loss of parking area as a result of the condemnation; WHEREAS, the City Council is of the opinion that 1,352 Sq. Ft. (0.03 Ac.), of the property acquired in Deed Book 257, at page 462 is in excess of the needs of the City of Virginia 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 Beach, as shown as Parcel "A-I" GPIN 2407 85 0272 on the plat entitled "RESUBDIVISION PLAT PARCELS A-I" AND B-I" BEING A RESUBDIVISION OF PARCEL "A", ULYSSES T. & YVONNE S. BROWN (MB 23 PG 99) AND THE CITY OF VIRGINIA BEACH (MB 23 PG. 34), VIRGINIA BEACH, VIRGINI&" a copy of which is attached hereto as Exhibit B; WHEREAS, the City of Virginia Beach and the Browns have agreed to exchange property to resolve the pending condemnation claim and the encroachment. Under the proposed settlement agreement, the City would convey 1,352 Sq. Ft. (0.03103 Ac.), which is described above, in exchange for the Condemned Land and Easements and any related damages. The exchange is an equal value exchange, according to the City's appraiser. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Property described as 1,352 Sq. Ft. (0.03103 Ac.), as shown above and also shown on the plat marked as Exhibit B is hereby declared to be in excess of the needs of the City, and that the City Manager is hereby authorized to execute an Agreement After Certificate and Exchange Agreement to exchange said City Property for the Condemned Land and Easements, described above and shown on the plat marked as Exhibit A and any damages claimed, in settlement of the condemnation action and to resolve the encroachment. 2. That the City Manager is authorized to execute a Deed o£Exchange with the Browns in accordance with the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2002. THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS REQUIRED. January 22, 2002 ('~_pprove~as Ik% Content ./]Department of P~blic Works Office of Real Estate Approved as to Legal City Attorney '/ .,I 'fit 2!i.:" ' : .... , ~¥~:~- --. ::.:' i:.T ' · ' ~b: .. . "'r- ..... :~!-} .'-.' ... ' :i -'~.::~, ': '/. · _ :-!z .. ..!j .:.:?:.. ,~ .... ': .ff -". :mi '.' ... PREPARED BY THE VIRGiNIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 5S.l-Sll(c)(4) EXCHANGE, made this~,d~day of/~OA~, 2002, by and THIS DEED OF between ULYSSES T. BROWN and YVONNE S. BROWN, husband and wife (for indexing purposes, both "Grantor" and "Grantee"), whose address is 2328 Sandfiddler Road, Virginia Beach, Virginia 23456-4614, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City" and for indexing purposes, both "Grantor" and "Grantee"). WITNESSETH: That for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, ,. Ulysses T. Brown and Yvonne S. Brown do hereby grant and convey, with SPECIAL WARRANTY unto the City, the following described property, to-wit: All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "TAKING AREA = 360 S.F. (0.008 Ac.)" and as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR OCEANA BOULEVARD & FIRST COLONIAL ROAD EXTENSION PROJECT BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM PARCEL 060, ULYSSES T. & YVONNE S. BROWN", Scale: 1"=30', dated 03/03/98, prepared by Patton Harris Rust & Associates, PC, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 277, at page 89, to which reference is made for a more particular description. Said take area is located between the western boundary of First Colonial Road and the line designated as "PROP. R/W" on the aforesaid plat. Together with the permanent right and easement to use the additional area(s) designated and described as "PROP. PERM. DRAINAGE ESMT. = 69 S. F. 0.001 Ac." as shown on the GPIN NOS: 2407-85-0230 & 2407-75-7454 (Portion) aforesaid plat and being required for the proper construction and maintenance of drainage facilities. Together with 1,137 sq. ft. Virginia Power easement designated and described as "PROP. PERM. VA. POWER ESMT." as shown on the aforesaid plat. Together with 741 sq. ff. Bell Atlantic easement designated and described as "PROP. PERM. BELL ATLANTIC ESMT." as shown on the aforesaid plat. It being a part of the same property conveyed to Ulysses T. Brown and Yvonne S. Brown, husband and wife, from Joseph C. Lynch, et ux by Deed dated January 6, 1984, duly recorded in the aforesaid Clerk's Office in Deed Book 2320, page 243. This conveyance is made subject to any covenants, conditions, and restrictions in the chain of title constituting constructive notice. The above easements shall not prevent the Browns or their successors from using the easement area for regress/egress, parking or other uses, so long as such use does not interfere with the facilities installed within said easements. AND, for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the City does hereby grant and convey, with SPECIAL WARRANTY unto Ulysses T. Brown and Yvonne S. Brown, the following described property, to-wit: All that certain lot, piece, or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as a strip or parcel of land being eight feet (8') in width, more or less, and further being described as: BEGINNING at an iron pin at the northwest comer of that parcel of land presently owned by Ulysses T. & Yvonne S. Brown and known as Parcel A as shown on that certain plat recorded in the Office of the Circuit Court of the City of Virginia Beach in Map 2 Book 23 at page 99, and leaving said beginning point and said Brown parcel and running through a parcel of land known as School Recreation Grounds as shown on that certain plat recorded in said Clerk's office in Map Book 23 at page 34 presently owned by the City of Virginia Beach N. 04° 54' 32" E., a distance of 8.00 feet to an iron pin set in concrete; Thence running S. 84° 21' 28" E., a distance of 168.49 feet to an iron pin set in concrete located on the western right-of-way line of First Colonial Road; Thence running along the said western right-of-way line of said road with a curved line to the lef~ having a radius of 619.96 feet, a central angle of 00 ° 44' 46", and an arc length of 8.07 feet to a point in the northern line of said Brown parcel; Thence leaving said right-of- way line and running along the common diVision line between said Brown and City parcels of land, N. 84° 21' 28" W., a distance of 169.47 feet to the POINT OF BEGINNING; containing one thousand three hundred fifty two square feet ( 1,352 Sq. Ft. ), more or less, all as shown on that certain plat entitled: "RESUBDIVISION PLAT PARCELS A-I" AND B-I" BEING A RESUBDIVISION OF PARCEL "A", ULYSSES T. & YVONNE S. BROWN (M.B. 23 PG 99) AND THE CITY OF VIRGINLA BEACH (M.B. 23 PG. 34), VIRGINIA BEACH, VIRGINIA," dated January 18, 2002 and prepared by the Department of Public Works of the City of Virginia Beach, which plat is duly recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at page , to which reference is made for a more particular description. IT BEING a part of the same property conveyed to the City of Virginia Beach (formerly County of Princess Anne).by Deed dated July 26, 1948, from Lucy G Potter, widow, et al., duly recorded in the aforesaid Clerk's Office in Deed Book 257, at page 462. IT BEING a part of the same property conveyed to the City of Virginia Beach (formerly County of Princess Anne) by Deed dated July 26, 1948, from Lucy C~ Potter, widow, et al., duly recorded in the aforesaid Clerk's Office in Deed Book 257, at page 462. By execution of this instrument, Ulysses T. Brown and Yvonne S. Brown., acknowledge that the plans for First Colonial Road Phase 111 (CIP 2-833)/Oceana Boulevard Widening (CIP 2-002), (the "Project") as they affect their property have been fully explained to them. It is understood and agreed that the consideration hereinabove mentioned and paid to Ulysses T. Brown and Yvonne S. Brown, constitutes payment in full for the property and interests hereby conveyed by them and for damages, if any, resulting from the Project and use made by the City of the property and interests conveyed by them herein. WITNESS the following signatures and seals: Ulys ek'~' T. Bro~,n on_ne S. Bro~ CITY OF VIRG~ BEACH (SEA_L) (SEAL) ATTEST: Ruth Hodges Smith, City Clerk STATE OF CITY/COUNTY OF BY City Manager/Authorized Designee of the City Manager ,~/q ¢/-/ , to-wit: The foregoing instrument was acknowledged before me th/s e~___~'~_ day of _~~, 2002, by Ulysses T Brown and Yvonne S. Brown, husband and wife. Nofar~ Public My commission expires: //'-~ - ~ ~, o 2. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing ,20O2, by instrument was acknowledged before me this ~ day of , City Manager/Authorized Designee of the City Manager, df the City of Virginia Beach, Virginia, on its behalf. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Virginia. The foregoing instrument was acknowledged before me this __ day of ,2002, by Ruth Hodges Smith, City Clerk, on behalf of the City of Virginia Beach, Notary Public My commission expires: APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY ATTORNEY F:XDataL~TY~Forms\COND\WORKINGXFCXrp4380.ded.exc SUMMARY OF TERMS AGREEMENT FOR THE EXCHANGE OF EXCESS CITY OWNED PROPERTY LOCATED AT 229 FIRST COLONIAL ROAD CONSISTING OF 1,351 SQ. FT. (0.03103 AC.) FOR PROPERTY OWNED BY ULYSSES T. BROWN AND YVONNE S. BROWN LOCATED AT 225 FIRST COLONIAL ROAD CONSISTING OF 360 SQ. FT. (0.008 AC.) TAKE AREA; 69 SQ. FT. (0.001 AC.) DRAINAGE EASEMENT; 1,137 SQ. FT. (0.026 AC.) VIRGINIA POWER EASEMENT; AND 741 SQ. FT. (0.017 AC.) _ BELL ATLANTIC EASEMENT CITY PARCEL: BROWNS' PARCEL: 229 First Colonial Road (GPIN 2407-75-7454) as shown on "RESUBDIVISIONPLAT PARCELS A-1" AND B-1" BEING A RESUBDIVISION OF PARCEL "A", ULYSSES T. & YVONNE S. BROWN (MB 23 PG 99) AND THE CITY OF VIRGINIA BEACH (MB 23 PG. 34), VIRGINIA BEACH, VIRGINIA." Portion to be exchanged contains 1,352 Sq. Ft. (0.03103 Ac.). (Real Estate Assessor's assigned value $5,404.00). 225 First Colonial Road (GPIN 2407-85-0230) as shown on "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR OCEAN BOULEVARD & FIRST COLONIAL ROAD EXTENSION PROJECT BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM PARCEL 060, ULYSSES T. & YVONNE S. BROWN." Portion to be exchanged contains 361 Sq. Ft. (0.008 Ac.) Take Area; 69 Sq. Ft. (0.001 Ac.) Drainage Easement; 1,137 S q. Ft. (0.026 Ac.) Virginia Power Easement; and 741 Sq. Ft. (0.017 Ac.) Bell Atlantic Easement Sq. Ft. (City's appraised value $8,000.00). SALE PRICE: This is an equal value land exchange. CLOSING DATE: The anticipated closing will take place after the Deed of Exchange is fully executed by the City. SPECIAL TERMS AND CONDITIONS: · Ulysses T. & Yvonne S. Brown have agreed to this land exchange. They plan to continue to use the land for parking. · The resubdivision plat will be recorded simultaneously with the deed and condemnation order at closing. · The exchange would be an equal-value exchange, according to the City's appraiser. It eliminates the Brown's claim for damage to the residue in the amount of $60,000.00. F:\Data'~AThn/FormsXCONDLFCh-p4380.sum CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Lease of City Property · Sentara Way & A Avenue MEETING DATE: May 14, 2002 Background: The Runnymede Corporation plans to develop Rosemont Interstate Center II, LLC, an office complex on Sentara Way. The new building will be for a single user at this location. To complete this complex in the manner they would like to, Runnymede would like to lease a portion of city right-of-way known as a portion of Sentara Way and A Avenue. Purpose of lease, is for ingress and egress, parking and landscaping for an office/complex building. Considerations: The amount of land Runnymede wishes to lease is 6,796 square feet. The land is vacant and is suitable to be used for access and parking. The amount of payment is proposed at $1,044 annually for a five year term, with annual adjustments of no less than 2% nor more than 5%. A Summary of Terms is attached. Public Information: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia, advertisement of City Council agenda. Alternatives: Do not adopt the ordinance authorizing the City Manager to execute the lease, and developer will build project with an alternate access. Recommendations: Adopt the ordinance authorizing the City Manager to execute the lease. Attachments: Ordinance Term Sheet Site Map Location map Recommended Action: Approve Submitting Department/Agency: Public City Manag~~o ~_, ~)~W°rks~l ! 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN ROSEMONT iNTERSTATE CENTER II, LLC AND THE CITY FOR A PORTION OF SENTARA WAY AND A AVENUE WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land located on the right-of way known as a portion of Sentara Way and A Avenue in Virginia Beach, Virginia and consisting of approximately 6,796 square feet (the"Property")as shown on Exhibit "A" attached hereto; WHEREAS, Rosemont Interstate Center II, LLC ("Rosemont")desires to lease the Property for ingress and egress and for parking for an office complex on Sentara Way; WHEREAS, City staffhas determined that the Property is suitable for use as access and parking; and WHEREAS, Rosemont and City staff worked with the City Attorney to draft a lease which sets forth the responsibilities and obligations of the parties upon terms and conditions mutually agreeable to all parties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease between Rosemont Interstate Center II, LLC and the City for the Property in accordance with the Summary of Terms attached hereto, and containing such other terms as are acceptable to the City Manager and approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ ., 2002. CA-8444 H:\WINDOWS\WP8\2002\Lawson\LEASESkRUNNYMEDE.ord.wpd R-1 04/10/02 day of APPROVED AS TO CONTENT: (l~epartment of Public Works APPROVED AS TO LEGAL SUFFICIENCY: Department of Law /~ SUMMARY OF TERMS LESSOR: LESSEE: PREMISESi TERM: RENT: LEASE FOR THE USE OF A PORTION OF CITY RIGHT-OF-WAY City of Virginia Beach. Rosemont Interstate Center II, LLC (Michael J.Barrett, Manager) Approximately 6,796 square feet on the City right-of-way known as a portion of Sentara Way and A Avenue. July 1, 2002 - June 30, 2007. One Thousand Forty-Four Dollars ($1,044.00) first year. For the second and each remaining year, rent will be adjusted using the Consumer Pr/ce Index, but in no event shall the rent be adjusted to an amount below 2% nor more than 5% of the current rent. RIGHTS AND RESPONSIBILITIES OF ROSEMONT: Will use the Premises for ingress/egress and parking for an office/flex building and no other purpose. Will provide install all parking, ingress and egress driveways and landscaping in accordance with a site plan to be approved by the City. Will maintain and perform any and all necessary repairs and replacements to the Premises including, but not limited to, (i) keeping the Premises clean and in good condition; (ii) performing routine maintenance; and (iii) maintaining the landscaping and the grounds of the premises in a clean and orderly condition, and shall not permit undue accumulation of garbage, trash, rubbish and other refuse. Will maintain commercial general liability insurance with limits of not less than $1,000,000.00 CSL and will indemnify the City for any and all claims arising from Lessee's use and occupation of the Premises, including any and all adverse environmental conditions caused by Lessee. RIGHTS AND RESPONSIBILITIES OF CITY: Will inspect the Premises for compliance with the terms of the Lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: The City may terminate if Lessee fails to cure a default within 30days after receipt of written notice of default, or for any public purpose with 60 days prior written notice to Lessee. The Lessee may terminate if it is able to acquire title to a parcel of real property adjacent to the Premises and is successful in obtaining a street closure for the Premises. However, nothing in the Lease shall constitute or be deemed to be any type of approval or assurance of, or agreement to a street closure by the City. C :\WINDOWS'~TEMPWunnymedelse.s um. wpd N84'O8'25"E 148.63' "~ N84'39'22"E 104.96' "~ S02°18'25"E----~ 11.60' VI~(;INIA STATE COORDINATE PLANE SOUTH ZONE ('NAD 8..3~'S~,) SOUTH t~OS£MON T ROAD  %'~.~_ S50'51 '35"E 11.95' PAt~CEL 'A ' (MB 292, /=C 9a-97J PARCEL G-2 (MB 297, PG 27) GPIN' 1487- 52- 71 81 LOT 3~, BLOCK 113 MAP OF EAST NOtgFOLK MB 4, PG 191 DB 3094, PG 960 GPII~: 14B7-62-1040 ALDO SARDOT ~ NIKI SA~FDOT N850'38"E 59.83'(0/A) S07'07'38"E 135.30' 'A · A VENUE NOT'O7'38"W PARCEL G-2 (MB 297, PO 27) GPIN: 1487-52-7181 PARCEL G-2 (Me 297, PO 27) (;PIN: 1487-52-7181 DENOTES LEASE AREA (6,796 SF OR 0.156 AC) OWN BY: JBN%MJW FB: LEASE PLAT SHOWING A PORTION OF SENTARA WAY, AND 'A' AVENUE TO BE LEASED BY ROSEMONT INTERSTATE CENTER II, L.L. Co VIRGINIA BEACH, VIRGINIA MARCH 4, 2002 MSA, P.e. Landscape Architecture · Planning Surveying. Engineering Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA ]~F_.ACH, VA 23462-3708 PHONE (757) 490-926.) · FAX (757) '~90-063+ IJOb¢ 00133 SCALE: 1"=60' LOCATION MAP SCALE : 1" -- 1,600' NT UTILITY × × SENTARA WAY "A" AVENUE 1487-62-1040 LOCATION MAP SHOWING A PORTION OF SENTARA WAY AND A PORTION OF "A" AVENUE TO BE LEASED BY ~ROSEMONT INTERSTATE CENTER II, L.L.C. .DGN MJ.S. SCALE: 1" = 100' PREPARED BY PAN ENG. CADD DEPT. 17-APR-2002 CITY OF VIRGINIA BEACH AGENDA ITEM" TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Establishment of a Special Service District at Town Center MEETING DATE: May 14, 2002 Background: The Town Center has been a long-term priority of the City. The City Council recognized the importance of the Town Center project in the Central Business District of the City when they adopted the Comprehensive Plan on November 4, 1997. The Comprehensive Plan noted "the need to improve the overall form and quality of the development within the CBD core area and transform what is now mostly undeveloped or underdeveloped land into an attractive, high quality, intensive, pedestrian designed, mixed use town center." In furtherance of that goal, the Virginia Beach Development Authority and Town Center Associates, L.L.C. (the "Developer") are parties to a Development Agreement dated March 6, 2000, (the "Development Agreement"), for the development of a mixed use commercial project known as "The Town Center of Virginia Beach" located in the southern part of the Pembroke area of the City (the "Project"). In connection with the first phase of the Project, the Authority is constructing public infrastructure and public improvements and has agreed to purchase an approximately 1,338 parking structure from the Developer. A service district has been planned as part of the Project to provide funding for public parking and a higher level of city services. Considerations: Service districts are authorized by Virginia Code § 15.2-2400, and in such a district, additional real estate taxes may be levied to fund "additional, more complete or more timely services." This special service district will benefit the City by providing public parking and attractive, inviting public space. Specifically, it will fund the annual operations and maintenance expenses of the public parking facility as well as an enhanced level of maintenance of the public infrastructure (roads, sidewalks, streetscapes, etc.) in Phase I of the Town Center. Public Information: Public information was provided through notices of public hearings published in the Beacon for four consecutive Sundays, beginning April 21,2002, and ending May 12, 2002. Attachments' Ordinance Special Service District Boundary Map IRecommended Action: Adoption of ordinance Submitting Department/A~genc~y~ Department of Management Services City Manag~ ~__ ~'~0V~ F:\Data~,TY~Ofdin\N ON CODE\speservdis.arf 1 2 AN ORDINANCE CREATING THE TOWN CENTER SPECIAL SERVICE DISTRICT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the City of Virginia Beach (the "City") has undertaken a program to develop infrastructure and construct public facilities and other municipal improvements in the southern part of the Pembroke area of the City, to facilitate the development of a Central Business District in the City and thus promote commerce and the prosperity of the Citizens of Virginia Beach; WHEREAS, in furtherance of that goal, the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer") are parties to a Development Agreement dated as of March 6, 2000, as amended (the "Development Agreement"), for the development of a mixed use commercial project known as "The Town Center of Virginia Beach" located in the southern part of the Pembroke area of the City (the "Project"); WHEREAS, in connection with the first phase of the Project, the Authority has agreed to purchase an approximately 1,338 space parking structure from the Developer to provide public parking in the Project area; WHEREAS, as part of the undertaking of the Project, the City Council desires to provide additional, more complete and more timely services to the public parking garage, the streets and sidewalks, and other public facilities and areas in the Project than those services desired in the City as a whole, by designating a service district as provided by Code of Virginia ~ 15.2-2400; WHEREAS, pursuant to Code of Virginia ~ 15.2-2400, the City Council held a public hearing on May 14, 2002, on the creation of the District; WHEREAS, pursuant to the authority and empowerment set forth in the Code of Virginia § 15.2-2400, et seq., the City Council has determined that it would be in the best interests of the City and 32 33 34 35 36 37 38 39 its citizens to create a service district to provide additional, more complete and more timely services to the public facilities and areas in the Project area, including public parking, than those services desired in the City as a whole; and WHEREAS, over fifty percent of the property owners who own more than. fifty percent of the property in the proposed special service district have requested enhanced maintenance and upkeep of streets in the district. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Creation of District. A service district known as the Town Center Special Service District (the "District") is hereby created pursuant to Code of Virginia ~ 15.2-2400 and designated as such. 2. Boundaries of District. The District is bounded to the north by Virginia Beach Boulevard, to the east by Constitution Drive, to the west by the proposed Central Park Avenue to its intersection with the proposed Main Street, then moving east along Main Street to the proposed Town Center Drive, then moving south on the proposed Town Center Drive to its intersection with Columbus Street, then moving east along Columbus Street to its intersection with Constitution Drive, all as more particularly depicted on the attached map labeled as "Exhibit A". 3. Purpose; Facilities and Services Provided Within District. The District is created for the purpose of providing financing for additional, more complete and more timely governmental services to public facilities and areas in the District. Toward that end, there shall be provided within the District those facilities and services necessary or desirable to accomplish the purpose of the service district, including, without limitation, administrative, engineering and other professional services, enhanced maintenance and cleaning of 2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 public streets and sidewalks, more frequent garbage removal and disposal, enhanced lighting, additional beautification and landscaping for the public places, extra security, public parking, and such other equipment and facilities as may, from time to time, be needed to accomplish the purpose of the service district. 4. Proposed P~an for Providinq Services Within District. The plan is to accumulate dedicated revenue to fund (i) the operation and maintenance of the public parking garage and (ii) an enhanced level of public services in the District that will include, without limitation, additional maintenance and cleaning of public streets and sidewalks, more frequent garbage removal and disposal, enhanced lighting, additional beautification and landscaping for the public places, and extra security. The level of the enhanced public services actually provided will be governed by the amount of additional taxes levied in the District. 5. Benefits to be Expected to be Realized From Enhanced 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Services. The City expects, through the provision of additional, more complete and more timely services in the District, that the citizens of Virginia Beach will be benefitted by the attractive, inviting public space, along with public parking, that will promote commerce and prosperity in the Central Business District, which will, in turn, generate increased taxes and other City revenues. 6. Powers. The City Council shall have all powers set forth in Code of Virginia ~ 15.2-2403 with respect to the District. 7. Establishment of Special Revenue Fund; Use of Funds. The City Manager shall cause to be established a Town Center Service District Special Revenue Fund {the "Special Revenue Fund") to account for revenues realized from additional taxes imposed in the District and for expenditures related to operating and maintaining the public parking garage and providing additional, more complete and more timely services, along with all necessary facilities, in the public areas located within the District than desired in the City as a whole. Ail funds received that are related to the Special Revenue 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Fund shall be annually appropriated for purposes consistent with term of this ordinance, and, beginning July 1, 2002, the City Manager will cause the Special Revenue Fund to be budgeted in the operating budget. Ail taxes levied and collected pursuant to this chapter within the District shall be segregated and only used to pay, either in whole or part, the-expenses and charges for providing and services within the District as described in this ordinance. No additional tax shall be levied for or used to pay for schools, police or general government services not authorized by Code of Virginia § 15.2-2403. 8. Levy of Additional Taxes. Pursuant to the authority contained in Code of Virginia ~ 15.2-2403, the city council may levy and provide for the collection of additional taxes within the District to fund the City's obligations to pay, either in whole or part, the expenses and charges for providing and maintaining services and necessary facilities in the service district as described in this ordinance. Such additional taxes may include an annual tax upon any property in the service district which is subject to local taxation. 9. Transmittal, Public InsDection and Filinq of Ordinance. (a) The City Clerk is directed to immediately send a copy of this ordinance to the Real Estate Assessor and the Director of Finance. (b) The City Clerk is directed to make a copy of this Ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof. (c) The City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. t0. 2002. Adopted by Virginia, on the Effective Date. the This ordinance shall be effective July 1, Council of the City of Virginia Beach, day of , 2002. CA8393 F: kDatakNoncodektowncenterphl · ord4. wpd R-2 May 3, 2002 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Atto n~'s C~fice EXHIBIT A The Town Center of Virginia Beach Proposed Special Service District~ ,ii 119 I J]lli ItlJ IlllilJlll--llll LLLI ttlllltJlllt Boundaries of the Proposed Special Service District CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Impose Additional Taxes in the Special Service District at Town Center; Appropriate and Increase $314,000 of Estimated Revenue Generated for the Purpose of Funding the Annual Operations and Maintenance Expenses of Public Infrastructure MEETING DATE: May 14, 2002 Background: These ordinances are companions to the ordinance establishing the special service district at Town Center. One ordinance imposes an additional tax levy on real estate in the service district; the other appropriates the estimated revenue from taxes levied in the service district. Considerations: . With the creation of a special service district at Town Center, the City will provide funding for annual operations and maintenance costs at the public parking facility and for enhanced level of operational and maintenance services of public infrastructure. It is estimated that the $.57 per $100 of assessed value will generate approximately $314,000 of revenue that will be applied towards funding these services. The expense for these services is predicated on funding operations and maintenance cost of the public parking facility per parking space, street sweeping, pressure washing sidewalks, refuse collection, and landscaping services as requested by Town Center Associates. There will also be an annual reserve set aside that is equal to $.20 per square foot of the parking facility. These reserves will be used for renewal and replacements of damaged infrastructure and other maintenance items as needed. Public Information: Public Information was provided through the normal agenda process. Also, the special service district was a part of the Development Agreement that City Council approved and adopted on February 18, 2000. A public hearing for the special service district and the levy of additional taxes in the district has been advertised for four consecutive weeks beginning April 21 and ending May 12, 2002. Attachments: Ordinances (2) IRecommended Action: Adoption of ordinance Submitting Department/Agency: Department of Management Services City Manage[~~F:~Dat~a~~ONCODE\ca8469.arf.wpd AN ORDINANCE TO LEVY AN ADDITIONAL REAL ESTATE TAX ON ALL REAL PROPERTY LOCATED IN THE TOWN CENTER SPECIAL SERVICE DISTRICT 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the City Council has created the Town Center Special Service District to provide for enhanced levels of maintenance of public infrastructure and public parking facilities in the district; and WHEREAS, the funding for the special service district is derived from an additional real estate tax rate levied on all real property located within the district. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There shall be levied and collected for fiscal year 2003, taxes for the special purpose of providing additional, more complete and more timely services and necessary facilities at the Town Center on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of fifty- seven cents ($.57) per annum on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition 5o the real estate tax rate set forth in Section 1 of the ordinance establishing the rate of real estate tax applicable throughout the City of Virginia Beach. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 2. The revenues derived from taxes levied under this ordinance shall be held and accounted for as provided by the terms of the ordinance creating the Town Center Special Service District and Virginia Code ~ 15.2-2403. 3. This ordinance shall be effective on July 1, 2002. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8484 ordinknoncodekTown Center Revenue Tax Levy.ord.wpd May 6, 2002 R2 APPROVED AS TO CONTENT: Management Serv~ APPROVED AS TO LEGAL SUFFICIENCY: City At {orney (s/Of f ice 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 AN ORDINANCE TO APPROPRIATE $314,000 IN ESTIMATED ADDITIONAL REAL ESTATE TAX REVENUE FROM THE PROPERTIES LOCATED WITHIN THE TOWN CENTER SPECIAL SERVICE DISTRICT TO THE FY 2002-03 OPERATING BUDGET TO PROVIDE ENHANCED LEVELS OF MAINTENANCE FOR PUBLIC INFRA- STRUCTURE AND FOR PUBLIC PARKING FACILITIES LOCATED WITHIN THE SPECIAL SERVICE DISTRICT WHEREAS, the City Council of Virginia Beach has adopted an ordinance establishing the Town Center Special Service District, and in this district there will be levied and collected an additional real estate tax at rate above the general rate in the City as a whole; and WHEREAS, current estimates of revenue generated from the additional real estate tax rate assessed on the properties located within the special service district will increase total City revenue by $314,000. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $314,000 in revenue generated by an additional real estate tax levied at a rate of $.57 per $100 of assessed value on properties located within the Town Center Special Service District is hereby appropriated to the FY 2002-03 Operating Budget for the purposes set forth in the ordinance establishing the District. 2. That estimated revenue from local sources is hereby increased by $314,000. 3. That this ordinance shall be effective July 1, 2002. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8469 F:/data/noncode/$314,000 Special Service District.ord. May 6, 2002 R2 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attor~-s off~e CITY OF VIRGINIA BEACH AGENDA ITEM` TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager 31st Street Project - Amended Agreements MEETING.DATE:May 14, 2002 Background: The project has a long history, including the approval in August, 1999 of the existing Development Agreement. Since that time, the City has completed acquisition of the public parking garage site as required by the existing agreement and the City and Developer have engaged in extensive negotiations to revise the agreement. A summary project history is attached. In keeping with its policy, at its meeting of April 16, the City Council received a briefing on the Amended and Restated Agreement. On April 23, the City Council held a Public Comment period. Action is scheduled for May 14, 2002. Considerations: Overview: New and amendatory documents which implement proposed modifications and enhancements to the project have been signed by the Developer. Attached is a summary of the New Agreement. Fiscal Impact: The revenues (taxes, lease revenue, parking fees) from the project will be sufficient to 1 ) retire the debt (principal and interest) on bonds sold to purchase land, construct the parking garage, park and restrooms 2) pay those operating and maintenance costs of the parking garage, park and restrooms (including park entertainment) for which the City is responsible and 3) return net revenue above the cost of (1)and(2) to the City of approximately $6 million over the first 10 years alone. Public Information: A Public Comment period on the new and amendatory amended agreements was held on April 23. The agreements have been publicly available at libraries, the City Clerk's Office and on the web site. Alternatives: Reject the amended agreement, continuing with the existing agreement. Recommendations: Approval of the ordinance Attachments: Summary Project History Summary of Terms Recommended Action: Approval Submitting Department/Agency:_City Manager City Manager~ 1/_._' Project History ' 1985 ULI identified site as best opportunity for major development. 1988 VBDA acquired oceanfront property of $3.5 million. 1989 Feasability study by ZHA, Inc. 1990 Hotel Market Study by B.B.P. Associates 1994 Convention Center Hotel Study (KPMG Peat Marwick) and Oceanfront Resort Area Concept Plan approved by Council 1996 Price Waterhouse Study on convention market. 1997 RFP issued for private/public development of hotel/park. Three proposals evaluated with decision made to pursue negotiations with Professional Hospitality Resources. 94/99 Evolution to 300 room Hotel. 98/99 Council and VBDA approved term sheet, acquired Sandier property, developed a lease agreement for the property, and authorized City Manager to begin negotiations to purchase land for a parking deck and retail center on Atlantic Avenue at 31 st Street. - includes public actions of: 9/15/98, 1013/98, 3/9/99, 7/13/99 5/00 Non-biding referendum on project held as part of local elections. 8/22/00 Council reaffn-med support for project. City secured last parcel of parking garage block; all land assembled. 12/00 12/00 4/01 7/01 Appropriation to acquire property. Last parcel secured. Revised Term Sheet Revised docmuents approved. 7/01 to date: Discussion to complete terms. 4/16/02 Presentation of Developer - signed agreement. 4/23/02 Public Comment period on Amended Agreement ATTACHMENT 1 mm 0000 0 0 o ~o tO 1 2 3 4 5 6 AN ORDINANCE TO APPROVE DOCUMENTS TO AMEND AND ENHANCE THE 31 ST STREET PROJECT IN CONFORMITY WITH A TERM SHEET APPROVED BY CITY COUNCIL ON APRIL 24, 2001 AND TO RECOMMEND APPROVAL AND EXECUTION BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of I0 11 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have engaged in extensive negotiations with representatives of Thirty-First Street, L.C. (the "Developer") regarding the development of a foUr-star, full-service hotel, a public park and a public parking garage on real property owned by the Authority and the City located at the block surrounded by 30th Street, 12 13 Atlantic Avenue, 31 st Street and Pacific Avenue and real property owned by the Authority located at the block east of Atlantic Avenue on the Virginia Beach oceanfront between 30th Street and 31 st 14 Street known as "The 31st Street Project" (the "Project"); 15 WHEREAS, the Project is a public/private investment arrangement among the 16 Authority, the City and the Developer for the development of the Project; 17 WHEREAS, by Ordinance No. ORD-99-2557A adopted July 13, 1999, the City 18 Council approved development documents for the Project, including a Development Agreement 19 dated as of August 5, 1999, as amended, and an Escrow Agreement dated as of August 5, 1999, as 2O amended (collectively the "Project Documents"), and authorized the City Manager to execute the 21 Project Documents; 22 WHEREAS, by Resolution adopted July 20, 1999, the Authority approved the Project 23 Documents and thereafter executed the same; 24 WHEREAS, subsequent to the execution of the Project Documents, the parties have 2 5 identified certain necessary and desirable modifications to the Project which will enhance the Project 2 6 and the benefits to the public to inure therefrom as set forth in a certain preliminary terms letter dated 2 7 March 29, 2001, as revised April 24, 2001 (the "Preliminary Terms Letter"); 28 WHEREAS, by Resolution adopted April 24, 2001, the City Council approved, in 29 3o concept, the proposed modifications and enhancements set forth in the Preliminary Terms Letter and requested the Authority to approve such modifications and enhancements and further directed the 31. City Manager to return the final documents to effectuate such modifications and enhancements to 32 City Council for approval and for authorization for the City Manager to execute the same; 33 WHEREAS, by Resolution adopted May 10, 2001, the Authority approved, in 34 concept, the proposed modifications and enhancements set forth in the Preliminary Terms Letter and authorized its Chairman to execute and deliver all final new or amendatory documents and 36 37 agreements as the City Council authorized and as the Chairman, the City Manager and the City Attorney may consider necessary or desirable so that the Project, as modified, may proceed, provided 38 such documents are in accordance with the modifications to the Project described in the Preliminary 3 9 Terms Letter; 40 WHEREAS, the Developer has executed and delivered new and amendatory project 41_ documents in furtherance of the modifications to the Project set forth in the Preliminary Terms Letter 42 43 44 45 (collectively, the "Amendatory Documents") including the following: Amended and Restated Development Agreement by and among Thirty-First Street, L.C., the City of Virginia Beach Development Authority and the City of Virginia Beach; Rules of Usage and Definitions Relating To The Transaction Documents; Agreement of Purchase and Sale [BQI Contract] between Thirty-First 46 47 Street, L.C. and Beach Quarters Inn, L.C., as Seller, and the City of Virginia Beach Development Authority, as Purchaser; Agreement of Purchase and Sale [Oceanfront Land Contract] between the 2 48 49 City of Virginia Beach Development Authority, as Seller, and Thirty-First Street, L.C., as Purchaser; Deed of Lease between the City of Virginia Beach Development Authority, as Landlord, and Thirty- 50 First Street, L.C., as Tenant (lease of oceanfront land and parking spaces); and Deed of Parking 51 52 53 54 Lease (lease of parking spaces only - to be used only if there is a sale of the oceanfront land) and requested that the representatives of the City and the Authority present the Amendatory Documents to the City Council and to the Board of the Authority for consideration and approval; WHEREAS, the City Council is of the opinion that the modifications to the Project 55 which are set forth in the Amendatory Documents will be beneficial to the public and to the Project; 56 and 57 WHEREAS, after due consideration of the Amendatory Documents and the changes 58 and modifications to the Project contemplated thereby, the City Council desires to approve the 59 Amendatory Documents and to authorize the City Manager, or his designee, to execute the 60 Amendatory Documents together with such other documents as may be necessary and appropriate ~l to pursue completion of the Project and the other transactions described in the Amendatory Documents. 63 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 65 1. That the City approves the Amendatory Documents, a complete copy of which is on file with the City Clerk. 67 2. The City Council finds that the Project will be beneficial to the public interest 68 in that the Project furthers legitimate public purpose goals and generates public benefits which include, without limitation: 3 70 71 72 The generation of significant tax revenues, including the return of currently tax exempt real estate to the City tax rolls. Provision of additional and improved public parking at the resort oceanfront. 73 The implementation of recommended comprehensive plan features. 74 75 76 77 78 The construction of a high quality hotel and retail at the resort oceanfront which may stimulate further private investment. The construction of the largest public park on the resort oceanfront, with day to day maintenance responsibility assumed by the developer. The preservation of an ocean vista and creation ora gateway to the resort area. 79 The construction of two (2) public entertainment venues. 8o Provides for a $40 million private sector investment. 81 The provision of new and expanded public restrooms at the oceanfront. 82 A catalyst for further development of 30th and 31st Street corridors. 83 The creation of new job opportunities. 84 The realization of a significant return on the public's investment. 85 86 87 88 89 90 Provides an important link to the potential for redevelopment of the Rudee Loop area by providing for the City's acquisition of the Beach Quarter's Inn property. Will generate additional City revenues that may be used to provide needed public services including, without limitation, education, public safety and social services. 91 3. The City Manager or his designee is hereby authorized to execute and deliver 92 on behalf of the City of Virginia Beach the Amendatory Documents in form substantially as 93 presented to both the City and the Development Authority in a joint special meeting held on April 94 16, 2002, together with such changes as may be approved by the City Manager and the City Attorney, and to take all such actions as the City Council authorizes and as the City Manager and the 4 City Attorney may consider necessary or desirable so that the City and the Authority can proceed with the Project. 98 4. The City Manager is further authorized to execute on behalf of the City of Virginia Beach such other documents as may be necessary and appropriate to pursue completion of the Project and the other transactions described in the Amendatory Documents. 101 5. The City Council requests and recommends that the Authority adopt a 102 Resolution consistent with this Ordinance approving the Amendatory Documents and authorizing 103 the Chairman of the Authority to execute the Amendatory Documents, together with such other documents as may be necessary and appropriate to pursue completion of the Project and the other 105 transactions described in the Amendatory Documents. 106 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ., 2002. APPROVED AS TO City Attorney LEGAL APPROVED AS TO CONTENT: l~u'b~i6 ~Vorks ~ ~ CA-8373 F: ~Data%ATY~Ordin~NONCODE\3!stSt Proj ect. ordla, wpd May 7, 2002 R-4 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager North End Encroachment Agreement between 42® and 43rd Streets and an ordinance pertaining to the administrative approval of the encroachment applications. MEETING DATE: May 14, 2002 Background: During 1997 and 1998, the Seawall was constructed between 43rd and 58th Streets as part of the Beach Erosion Control and Hurricane Protection Project. On May 12, 1998, City Council adopted an ordinance to authorize the City Manager to execute Encroachment Agreements with Oceanfront property owners adjacent to the Seawall between 43rd and 58th Streets because the design of the project created additional public land west of the Seawall and east of the old bulkheads. Subsequently, the seawall between 42® and 43rd Streets was constructed as part of the 42® Street pump station project and was not included in the adopted ordinance. The area between the Seawall and the old bulkheads is not intended for active use by the public. Further, property owners in this reach have expressed a desire to use this area and are willing to accept maintenance responsibility. A storm water piping system with inlets and manholes is located within this area which the City needs to retain the right to perform maintenance. The seawall itself may also require maintenance in the future. Considerations: Extend the area covered by the previous ordinance to allow the adjacent owners between 42® and 43r~ Streets to encroach and utilize this zone. This will eliminate the need for City maintenance and will help minimize public intrusion into an area not so intended. Public Information: The project has been the topic of numerous presentations to the North Virginia Beach Civic League. Alternatives: Adopt a strategy for maintenance of this area which will acknowledge our commitment to the property owners that the area will not be open for public use. Recommendations: Adopt the ordinance which authorizes the City Manager or his designated representative to execute the encroachment agreements. Attach me nts: Proposed Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works/Office of Beach Manageme('~'~f:) City Manage~/),.__. "~~,3~ 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND THE ORDINANCE ADOPTED ON MAY 12, 1998, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ENCROACHMENT AGREEMENTS FOR PROPERTIES LOCATED ADJACENT TO THE SEAWALL FROM BETWEEN 43~D AND 58TM STREETS TO BETWEEN 42ND AND 58TM STREETS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, on May 12, 1998 the City Council adopted an Ordinance authorizing the City Manager or his designee, upon application to the Department of Public Works, to execute encroachment agreements concerning encroachment into City owned property adjacent to .the hurricane seawall between 43rd and 58th Streets as part of the Beach Erosion Control and Hurricane Protection Project; and WHEREAS, the Ordinance as adopted provided authorizaZion for encroachment agreements into the "Encroachment Area", which consisted of the additional highland between the east side of the oceanfront lots and the new seawall and between 43rd and 58~ Streets; and WHEREAS, since the adoption of the Ordinance, the seawall between 42n~ and 43r~ Streets has been constructed as part of the 42n~ Street pump station project, expanding the Encroachment Area; and WHEREAS, the Encroachment Area needs to be maintained so as not to become a health or safety hazard; and WHEREAS City Council is of the opinion that expanding the Encroachment Area to include the seawall between 42nd and 43r~ Streets, will foster and promote the public health, safety, welfare and harmony of the Encroachment Area. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the authority granted to the City Manager or his designee, by the Ordinance adopted on May 12, 1998, is hereby expanded to include the seawall between 42n~ and 43~ Streets. Adopted by the Council of the city of Virginia Beach, Virginia on the day of , 2002. 3 4 5 6 APPROVED AS TO CONTENT: Department APPROVED AS TO LEGAL SUFFICIENCY: C~fy Attorney's Office 7 8 9 C:\Documents and Settingsksheselto\Desktop\amend 98 -2489B.ord.wpd R-1 March 28, 2002 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Ordinance Granting a Franchise for the Operation of Open Air Cafb in the Resort Area (New Franchise) MEETING-DATE: May ;14, 2002 Background: Since its initial development and implementation, the Open Air Caf6 Program has been very successful and forty-three (43) cafes have been established in the Resort Area. The City's policy and practice has been to grant the initial franchise for a term of one (1) year. Thereafter, if the corporation/company to which a franchise is granted successfully operates an open air caf6 during the initial one-year term, the City renews the franchise for a term of five (5) years. Considerations: Tradewinds L.C. t/a Rock Fish Boardwalkbar and Seagrill (1601 Atlantic Avenue) (Boardwalk Caf6) (hereinafter "Grantee") has submitted an application for the operation of an open air caf6 in the Resort Area: The Department of Convention and Visitor Development and the Resort Advisory Commission have reviewed the application and recommend the grant of a franchise to the Grantee for a term of one (1) year, commencing May 1,2002, and ending April 30, 2003. If City council approves the attached Ordinance, the granting of the franchise will be contingent upon the Grantee's provision of an approved final site plan, liability insurance coverage, a security bond and applicable franchise fee, and on compliance with the terms and conditions of the Franchise Agreement. Attachments: Ordinance Recommended Action: Approval Submitting Department/Ag[ency: Convention and Visitor Development City Manager: ~~I~,/L` F:\Users~siouts\W P\WORK~FRAN CH IS E.ORD\tradewindsnewarf .wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE GRANTING A FRANCHISE FOR THE OPERATION OF AN OPEN AIR CAFE IN THE RESORT AREA (NEW FRANCHISE) WHEREAS, the City has adopted, and incorporated into a Franchise Agreement, regulations for the operation of open air cafes on public property in the Resort Area; WHEREAS, Tradewinds L.C. t/a Rock Fish Boardwalkbar and Seagrill (1601 Atlantic Avenue) (Boardwalk Cafe) hereinafter referred to as "Grantee") has submitted an application for the operation of an open air caf~ at the location indicated, and has paid the required application fee: WHEREAS, the representations made in the application comply with the aforementioned regulations; and WHEREAS, the Department of Convention and Visitor Development and the Resort Advisory Commission have reviewed the application and determined that the proposed caf~ will have no detrimental effect on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to the above- listed Grantee to operate an open air caf~ at the address indicated herein from May 1, 2002, to April 30, 2003, conditioned on provision of the Grantee of an approved final site plan, liability insurance coverage, a security bond and applicable franchise fee, and on compliance with all of the terms and conditions of the Franchise Agreement; and 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a Franchise Agreement with the Grantee. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 35 36 37 38 39 4O 41 42 43 44 CA-8485 Sam/Work/Franchise/tradewindsneword.wpd May 2, 2002 Ri APPROVED/<~S TO CONTENT: ~tor APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office 2 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Acquisition of Water and Sanitary Sewer Easements and/or Right-of-Way MEETING DATE: May 14, 2002 BACKGROUND: These-projects are included in the proposed FY 2002-03 Capital Improvement Program and have funding either appropriated to date and/or in Year 1 (FY02-03). Construction of these sanitary sewer and water projects will alleviate pollution in local waterways, replace failing septic systems, replace undersized systems, extend sanitary sewer and water transmission mains to meet current demands, coordinate water/sanitary sewer projects with highway projects, and provide water and sanitary sewer service to existing neighborhoods. CONSIDERATIONS: These projects are located throughout the city. A detailed description, justification and impact, schedule of activity and a history of each project is included in the Capital Improvement Program. PUBLIC INFORMATION: Public hearings were conducted as part of the City's adoption of the FY2002-03 Capital Improvement Programs; public meetings have either already been held or will be held for each project; the scope of CIP projects are consistent with original authorizations. ALTERNATIVES: Failure to authorize the City Attorney to purchase or condemn easements and/or pump station sites required for these water and sanitary sewer projects will require postponing or delaying these projects. The impacts vary by project, but include (1) Not providing neighborhood water and sanitary sewer service; (2) Failure to coordinate water and sanitary sewer improvements on critical VDOT projects; (3) Potential litigation on unresolved easement issues with property owners. RECOMMENDATIONS: Staff recommends that City Council approve the attached ordinance which authorizes the City Attorney to purchase or condemn easements and/or pump station sites required to construct the following sewer and water projects: 5-072 5-082 5-085 5-090 5-100 5-105 6-075 6-084 6-149 Maxey Manor Water Improvements - 51% Program West Neck Road Water Improvements Lynnhaven Pump Station Modifications - Phase II Lynnhaven Parkway - Phase XI Water Improvements (VDOT) Sierra Drive Water Improvements Stumpy Lake Lane Water Improvements - 51% Program Laskin Road Sewer Improvements - Phase I (VDOT) Maxey Manor Sewer Improvements - 51% Program Princess Anne Sewer Force Main Phase IV (VDOT) ATTACHMENTS: Ordinance and Project Area Maps. IRecommended Action: Adopt Ordinance Submitting De~rtm_ ent/Age~n, cy: City Manager:~~L~ _~~ities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY AND/OR TEMPORARY AND PERMANENT EASEMENTS, -- ~ EITHER BY AGREEMENT OR CONDEMNATION, FOR THE FOLLOWING PROJECTS IN THE WATER UTILITY AND SEWER UTILITY SECTIONS OF THE PROPOSED CAPITAL IMPROVEMENT PROGRAM FOR FY 2002-2003 5-072 5-082 5-085 5-O90 5-100 5-105' 6-075 6-084 6-149 Maxey Manor Water Improvements - 51% Program West Neck Road Water Improvements Lynnhaven Pump Station Modifications - Phase II Lynnhaven Parkway - Phase XI Water Improvements (VDOT) Sierra Drive Water Improvements Stumpy Lake Lane Water hnprovements - 51% Program Laskin Road Sewer Improvements - Phase I (VDOT) Maxey Manor Sewer Improvements - 51% Program Princess Anne Sewer Force Main Phase IV (VDOT) WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of these important water and sanitary sewer projects to provide needed improvements to the City's water and sanitary sewer systems and for other public purposes including the preservation, of the safety, health, comfort, and convenience of the public and for the general welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections' 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and permanent easements and right-of-way (collectively the "Property") identified on the acquisition maps attached hereto as may be necessary to construct each project and as will be shown on the plans for each project, and as will be more specifically described on the acquisition plats for each project (collectively the "Plans"), and the Plans will be on file in the Engineering Division, Department of Public Utilities, City of Virginia Beach, Virginia. Such acquisition will be made only after compliance with Administrative Directive 3.14 for "Public Input for Public Infrastructure Proj ects.Unde[taken in the City." Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2002. APP~ICLV~t~S..:T~O/C--~NTENTS APPROVED AS TO LEGAL ~~ 5/' ~ -~ ~-q.t'"~.~_. ~ SUFFICIENCY AND FORM SIGNATU~ j' ~.~~~ DEPARTMENT CITY ATTORNEY Page 1 of 1 VIRGINIA BEACH BL VD. AREA OF PROPERTY ACQUISITION MAXEY MANOR WATER IMPROVEMENTS 51% PROGRAM C. I.P. 5-072 sC,~L~.- DATE: 3/f8/02 FILE: caclpS_O72, dgn ClPA AREA OF PROPERTY ACQUISITION VVEST NECK ROAD WATER IMPROVEMENTS C.I.P. 5-082 $CAZ. E: NT$ DATE: 3/18/02 FILE: cacipS-O~2.dgn AREA OF PROPERTY ACQUISITION LYNNHAVEN PUMP STATION MODIFICATIONS - PHASE II C.I.P. 5-085 SCALE`. NT$ DATE: 03/18/02 FILE: cac/p,5-O85.dgn AREA OF PROPERTY ACQUI$/TION LYNNHAVEN PARKWAY PHASE XI -WATER IMPROVEMENTS C. I.P. 5-090 ,c~E.:,,,~ DATE: Ob/01/O0 FILE: ca~pS..OOO, dgn L YNNHA VEN PARKWAY AREA OF PROPERTY A~QUI$1TION SIERRA DRIVE WATER IMPROVMENTS C.I.P. 5-100 SCALE: NT$ DATE: 03/18/02 FILE: cacl, mS- lOO. dgn Glenwood ES AREA OF PROPERTY ACQUI$/TION STUMPY LAKE LANE WATER IMPROVEMENTS C.I.P. 5-105 ,.,eCAI..E''' NT$ 0S/181/02 FILE: cacll~-lOS, dgn ;H AREA OF' PROPERTY ACQUISITION LASKIN ROAD SEWER IMPROVEMENTS C.I.P. 6-075 SCALE: NT$ DATE: 03/18/02 FILE: cacip6.075.dgn VIRGIN/.,~ BE, zI ~H BL VD. AREA OF PROPERTYACQUIStTION I MAXEY MANOR SEWER IMPROVEMENTS 51% PROGRAM C. I.P. 6-084 sc~E.- DATE: 03/¢8/02 FILE: cacil:~..O84.dgn ~0~o AREA OF PROPERTY ACQUISITION PRINCESS ANNE SEVVER FORCE MAIN PHASE- IV C. I.P. 6-149 so,~,~..,,,,-s DA TE: 3?/9/02 FILE: ca~lpS..149, dgn CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request - Construct and maintain a deck and rip rap on a portion of a 20' strip of City property at the rear of 4417 Lee Avenue on Lake Joyce Applicant - Terry M. Parkerson i MEETING DATE: May 14, 2002 Background: Mr. Parkerson has requested permission to construct and maintain a deck and rip rap on a portion of a 20' strip of City property at the rear of 4417 Lee Avenue on Lake Joyce. Considerations: City staff has reviewed the request for the rip rap and deck and has recommended approval of same. The Department of Public Works supports the utilization of "hardened slope stabilization" methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. These methods are successful in areas with soil types classified as highly erodible, specifically during major rainfall events which create high velocities and wave action along bank slopes due to high winds. There are encroachments of same/similar nature throughout the Chesapeake Terrace subdivision, which is where Mr. Parkerson lives. Public Information: Advertisement of City Council. 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 Recommended Action: Approval of the ordinance Submitting Department/A~lency: Public Works ~ City Ma nager~.~[~_ , ~ ~y~/, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A 20' STRIP OF CITY PROPERTY BY TERRY M. PARKERSON HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Terry M. Parkerson, maintain a deck and rip rap into a 20' desire to construct and strip of City property at the rear of 4417 Lee Avenue on Lake Joyce. 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 Terry M. Parkerson, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for a deck and rip rap in a 20' strip of City's property as shown on the map entitled: "PROPOSED RIP RAP REVETMENT IN LAKE JOYCE VIRGINIA BEACH, VA. APPLICANT: TERRY PARKERSON," 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 Terry M. Parkerson, (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. 32 33 34 35 36 BE IT FURTHER ORDAINED, that this Ordinance-s~all not be in effect until such time as Terry M. Parkerson 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. 37 38 39 40 CA-# gsalmons/parkerson/ord. R-1 PREPARED: 03.20.02 OVED AS TO CONTENTS DE PARTME NT APPROVED AS TO LEGAL SUFFICIENCY ~ C~TY A~6~ ~ CHESAPEAKE BAY SI SCALE 1"=1600' LOCATION NAP · " LAKE JOYCE LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY .--~~ TERRY M. PARKERSON ~°~'! INTO A 20' STRIP OF CITY / PROPERTY AT THE REAR OF 44'17 LEE AVENUE ON lAKE JOYCE ~ SCALE: ~" = 200, PREPARED BY P/VV CADD BUREAU 3-12-02 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-81 l(e)(4) REIMBURSEMENT AUTItORIZED LrNDER SECTION 25-249 THIS AGREEMENT, made this 15~' day of~x~_ gxcL ,20D~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TERRY M. PARKERSON, TITLE, "Grantee". HIS HEIRS, ASSIGNS AND SUCCESSORS IN WITNE S SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "12" and "13" in block 5 as shown on that certain plat entitled "AMENDED MAP CHESAPEAKE SHORES PROPERTY OF LAKE JOYCE REALTY CORP. LOCATED AT CHESAPEAKE BEACH" and being further designated and described as 4417 Lee &ven,ue, Virginia Beach, Virginia 23455; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a deck and rip rap at the rear of 4417 Lee Avenue on Lake Joyce, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encro~hn~nt, it is necessary that the Grantee encroach into a portion of an existing City property at the rear of 4417 Lee Avenue on Lake Joyce "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1570-80-0794 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: "PROPOSED RIP RAP REVETMENT IN LAKE JOYCE VIRGINIA BEACH, VA. APPLICANT: TERRY PARKERSON," 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 clahns, 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 the permission and authority to permit the maintenance or construction of 2 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 Office of Development Services Center/Planning Department prior to cormnencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance ora right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability 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 stun 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, Terry M. Parkerson, 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 By City Manager/Authorized Designee of the City Manager Terry M. Parkerson 4 STATE OF VIRGINIA -- ~ CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 ,by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this VIRGINIA BEACH. ,20 day of ~ by RUTH HODGES SMITH, City Clerk for the CITY OF My Commission Expires: Notary Public 5 STATE OF ~9,~ 4 / CITY/COUNTY OF _~, 'r-,~ ,rY¢'~,"/~/, to-wit: The foregoing instrument was acknowledged before me this ,20_D. Sk_, by Terry M. Parkerson. day of My Commission Expires: Notary l~ublic APPROVED AS TO LEGAL SUFFICIENCY CITY A~TORNEY APPROVED AS TO CONTENT ~;_JTY REAL ESTATE AGENT 6 EXIST.COI~.ESTOII~ (TO IIEHA I i )~,,., STONE TYPICAL PIER CONSTRUCTION . 2x6' DECKING, I/q' OPEN JOINT5 ~ ":: '''' ~-[SD NAILS ~ EA.JOIST 2X10' JOIST a Zq'OC(MAX) TOE MAIL TO STRINGERS STRINGERS TO BE FASTEN TO PILES WITH 5/B'~ THRU mOLTS, w/ SECTION THRU RIP RAP ~0[ PENETRATION BELOW ' OF RiP RAP STONE ~ REPLACE ROTTEN JOIST EX coemc~ ' -- ~ ~ ~2/ ' ~ ~ , ~ wATER LEVEL . ~.~.~ - ---- ~ ~ ~ ' ~, - ...... ~'~ ~EX~BOTT~H SECTION [flRU EXISTING PIER MATERIAL SPECIFICATIONS FRAMING: CCA 2.5 PCF (MLP-88) PILES: CCA 2.5 PCF (MP-88) DECKING: CCA O.q PCF (LP-22) HARDWARE: HOT DIPPED GALVANIZED (AST~ A153) APPLICANT: TERRY PARKENSON qq17 LEE AYE. VIRGINIA REACH,VA, AGENT: KEN THOIRPSON ~705 SOSUN ~NIVE CHESAPEAKE,~A.25~2! REV.i/3/OZ REV.2/8/02 PROPOSED RIP RAP REVETIqENT IN LAKE JOYC£ VIRGINIA BEACH,VA. APPLICANT: TERRY PARKERSON SHEET 2 OF 2 APK~OTT~q ~EXC.AVATE 6' TOE PROTECTIOli TOE/STONE '8 // TOP/STC ! / ! / / / / / PATIO / I I I I OF miECORDED PLAT TOP/ EX.COmilLESTOii~ II. KD (TO miE/UJl Il PLACE) EX. PI.ATFOIfl ' TO BF. IKI~,ACED OVal lip U.~ ! ' GRAVEL DIITYE I.A~EJ~ C~TY OF BEACH )ACHMENT APPLICAT] SUBMITTED VICINITY RAP PROPOSED RIP RAP REVETMENT .~3' . LINE EX.PIERS*DOCKS (TO BE REHOVED AS DImiECTED BY OWNER) I LINE OF RECO4DED P~.AT ~ .. R~8' L-I ' LEE AV[NUE SO'IN ~0 M..OT III.JUt SCALE I PPUIPOSE: EROSION CONTRO~ DATIJII: LAKE NON-TIDAL OImER: TEIIY PAmimiERSON RIC)INOIID,YA. 23235 APPLICANT: TERRY PAmiXERSON aq17 CEE AVE. AGENT: KEN THOMPSON 3705 ~OSUN DRIVE CHESAPEArE,VA.25321 P~OPl;X.~D RIP RAP REVETMENT IN LAKE JOYCE VIRGINIA SEACH,VA. APPLICANT: TERRY PARKERSON SHEET I OF 2 REv.ll/ZO/O1 ADDED CITY PROPERTY (LAKI REV.1/.~/OZ miEV.Z/B/OZ CITY OF VIRGINIA BEACH AGENDA ITE TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request: Wooden Retaining Wall Location: 2531 Beaufort Avenue Applicant: John A. Boynewicz and Ruth R. Boynewicz MEETING DATE: May 14, 2002 Background: John A. Boynewicz and Ruth R. Boynewicz have requested permission to allow an existing encroachment, into a portion of existing City Right of Way known as Beaufort Avenue fronting their property located at 2531 Beaufort Avenue. The purpose of this encroachment is to allow for the continuing maintenance of an existing 42" wooden retaining wall located in the City right of way. Considerations: The wooden retaining wall was constructed by the builder, who was the previous owner of the subject property. The wall was built as a barricade to hold back sand fill from spilling over onto the paved driveway and to protect a Live Oak that is located on its north side. No request was ever made, or approved for the wall. There are no other existing improvements of this nature, which are located in the right of way, in the vicinity of the subject property. Public Information: Advertisement of Council Agenda. Alternatives: Approve encroachment with recommended conditions, deny the encroachment or add conditions. Recommendations: Staff recommends approval of this request. Attachments: Ordinance Agreement Plat Location Map Photographs Recommended Action: Approval Submitting Department/Agency: PW/Real Estate Office City Manage~~- l ~, <~ ~ 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S RIGHT OF WAY KNOWN AS BEAUFORT AVENUE LOCATED AT THE FRONT OF 2531 BEAUFORT AVENUE BY JOHN A. BOYNEWICZ AND RUTH R. BOYNEWICZ, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, John A. Boynewicz and Ruth R. Boynewicz desire to maintain an existing wooden wall into City right of way known as Beaufort Avenue, located at the front of 2531 Beaufort Avenue; and WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, John A. Boynewicz and Ruth R. Boynewicz, their heirs, assigns and successors in title are authorized to have and maintain a temporary encroachment for a wooden wall into the City owned right of way known as Beaufort Avenue, located at the front of 2531 Beaufort Avenue, as shown on the plat entitled: "PHYSICAL SURVEY OF PA/~CEL-B SUBDIVISION OF A PORTION OF BLOCKS 22 A/~D 23, WEST OF BEAUFORT AVENUE CHESAPEA/fE PARK PLAT RECORDED IN M.B. 144, PG. 52, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA FOR JOHN A. BOYNEWICZ & RUTH R. BOYNEWICZ SCALE: 1" = 20' REV ll-20-01(NAME) SEPTEMBER 12, 2001, 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 encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and 36 37 38 39 40 41 42 43 44 45 46 John A. Boynewicz and Ruth R. Boynewicz, (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; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as John A. Boynewicz and Ruth R. Boynewicz '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. A~ROVED AS TO CONTENTS / / s IGNATU~E DEPARTMENT APPROVED AS TO ~ CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY A/q'ORNEY'S OFFICE EXEMP'I~D FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-$11(o)(4) REIMBURSEMENT AUTHORI7.I:~ UNDER SECTION 25-249 THIS AGREEMENT, made this ~D~k' day of ~)~_~[ , , 20~,, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOHN A. BOYNEWICZ and RUTH R. BOYNEWICZ, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNE S S E TH: That, WIIEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL B 5,203 SQ FT", as shown on that certain plat entitled "PHYSICAL SURVEY OF PARCEL-B SUBDIVISION OF A PORTION OF BLOCKS 22 AND 23, WEST OF BEAUFORT AVENUE CHESAPEAKE PARK PLAT RECORDED IN M.B. 144, PG. 52, IN THE CLERK'S OFFICE OF TIlE CIRCUIT COURT, VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA FOR JOHN A. BOYNEWICZ & RUTH R. BOYNEWICZ SCALE: 1' = 20' SEPTEMBER 12, 2001" and being further designated and described as 2531 Beaufort Avenue, Virginia Beach, Virginia 23455- GPIN 1470-42-9557; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a 42" wooden retaining wall, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is GPIN 1470-42-9557 necessary that the Grantee encroach into a portion of an existing City' right-of-way known as Beaufort Avenue "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: An area of temporary encroachment into a portion of the City's right- of-way known as Beaufort Avenue as shown on that certain plat entitled: "PHYSICAL SURVEY OF PARCEL-B SUBDIVISION OF A PORTION OF BLOCKS 22 AND 23, WEST OF BEAUFORT AVENUE CHESAPEAKE PARK PLAT RECORDED IN M.B. 144, PG. 52, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA FOR JOHN A. BOYNEWICZ & RUTH R. BOYNEWICZ SCALE: 1" = 20' SEPTEMBER 12, 2001," 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. 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. 3 It is further expressly undexstood 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 he the real property tax upon the land so occupied flit were owned by the Grantee; and ffsuch 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 penaltie~ in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOHN A. BOYNEWICZ and RUTH R. BOYNEWICZ, the said Grantee have caused this Agreement to be executed by their signatures and seal duly affixed. Further, that the City of Vh'ginia Beach has caused this Agreement to be executed in its name and on its behalf by its City M~nager and its seal be hereunto affixed and attested by its City AP?ROVeD LEGAL SUFFIX! A~ST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (,~PROVED AS TO C~ON'i':" DEPARTMENT 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,, 2001, 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 ,200,1', by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 STATE OF °x~ CITY/C~Y OF'-~,~)~- ~ , to-wit: The forego.'m, g instrumem was acknowledged before me this , ~1~, ~oy JOHN A. BOYNEWlCZ and RUTH R. BOYNEWlCZ. day of My Commission Expires: 6 J THIS IS TO CER'rlF¥ THAT I, ON SEPTEMBER 12, 2001, ~uii¥~I~ED THE. PROPERTY SHOWN ON THIS~PLAT, AND THAT THE TITLE LIN'ES AND THE WALLS OF THE BUILDINGS ARE AS l~, ~J~~ Ty~ SHOWN ON ,T " BUILDII{IGS STAND NITHIN THE TITLE LINES AND THERE ARE NO 'ENCROACHMENTS OF OTHER B . , , EXCEPT AS SHO~'N. !~!' 724 ~ 20a ,':. ' 5' 724 SIGNED N/F TEMPLE F.. (D.B. 567, PC. 595) PARCEL A ?£ OOO N 23'30'00" E 55.49' PA R ~E'I 5,203 SO. ~ eX. 24' RErAINIAIG 2G.22 ~ 25J7 ~ FINy~ £NC. 2.21' OVER "~" OV£~ ~ ~ AND 3RD OOR S 23'30'00" W UFOR T cso' (FORMERLY BRADFORD AVENUE). 50. O0 '-"' A V£NUE E XHIB IT "A" NOTE: A FIVE FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED) ALONG AND ADJACENT TO ALL SIDE AND REAR LINES OF ALL LOTS WITHIN THIS SUBDIVISION IS DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE INSTALLATION AND/OR MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES. FLC~D INFORMATION: THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE "X" (OUTSIDE) (AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AND FLOOD ZONE "X'" (INSIDE) (AREAS OF 500-YEAR FLOOD; AREA OF I O0-YEAR FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MI'LE; AND AREAS PROTECTED BY LEVEES FROM I O0-YEAR FLOOD) AS SHOWN ON F.E.M.A.'S FLOOD INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 O003E DATED ~r¢c~o~o ....... ~r_,, 5,1996. W.P. LARGE INC. IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPER~Y WILL OR WILL NOT BE SUBJECT TO FLOODING. FOR FURTHER INFORMATION, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. W.P. LARGE, INC. ENGINEERING. SURVEYING · PLANNING- LANDSCAPE ARCHITECTURE 242 MUSTANG TRAIL - SUITE 8 VIRGINIA BEACH, VIRGINIA PIL (757) 4M-1041 - {'ti.. (757) 4~-1412 RSI '.'plliOrplarg¢. c om PHYSICAL SURVEY OF PARCEL-B SUBDMSION OF A PORTION OF BLOCKS '22 AND 23, WEST OF BEAUFORT AVENUE CHESAPEAKE PARK PLAT RECORDED IN M.B. 144, PG. 52, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA For JOHN A. BOYNEWICZ & RUTH R..BOYNEWIGZ, SCALE: 1"= 20' ~:~v. ~ ~-~-,'.,- o~6-~,.,~,.~ SEPTEMBER 12, 2001 ,VIRGINIA BEACH I F.B. 789 PG.l I PL~T: 0-656 I JN: ZO!-! 080 SITE LOCATION MAP SCALE : 1" -- 1,600' L ---- ..... ? ~ LOCATION MAP SHOWING ~2531 BEAUFORT AVENUE-... . PROPERTY OF ,' "- JOHN HA c~N " ~ . BOYNEWICZD- - RUT R BOYNEW! '" SCALE: 1" -- 100'. , I I J BEAUFORT.DGN M.J.S. PREPARED BY PAN ENG. CADD DEPT. 09-APR-2002 2531 Beaufort Avenue 2531 Beaufort Avenue CITY OF VIRGINIA BEACH AGENDA ITEM" TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request- Construct and maintain rip rap and existing bulkhead at the rear of One Bradford Point. Applicant - Robert M. Rieve and Susan R. Rieve MEETING DATE: May 14, 2002 Background' Mr. and Mrs. Rieve have requested permission to construct and maintain rip rap at the rear of One Bradford point on Lake Bradford. They have also requested to keep the existing bulkhead that has been in place since 1974. Considerations: City staff has reviewed the request for the rip rap and existing bulkhead and has recommended approval of the same. The Department of Public Works supports the utilization of "hardened slope stabilization" methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. These methods are successful in areas with soil types classified as highly erodible, specifically during major rainfall events which create high velocities and wave action along bank slopes due to high winds. There are encroachments of same/similar nature throughout the Chesapeake Park subdivision, which is where Mr. and Mrs. Rieve reside. Public Information: Advertisement of City Council. Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. Recommendations: agreement. Approve the request subject to the terms and conditions of the Attachments: Ordinance, Location Map, Agreement, and Plat Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works U~ City Manager: , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPOP~ARY ENCROACHMENTS INTO A PORTION OF THE 100' STRIP OWNED BY CITY OF VIRGINIA BEACH AT THE REAR OF ONE BRADFORD POINT BY ROBERT M. RIEVE AND SUSAN R. RIEVE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ROBERT M. RIEVE AND SUSAN R. RIEVE, desire to construct and maintain rip rap and bulkhead into the City's 100' strip of property located at the rear of One Bradford Point. 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 I00' strip of 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 Robert M. Rieve and Susan R. Rieve their heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for rip rap and bulkhead in the City's 100' strip of property as shown on the map entitled: "PHYSICAL SURVEY OF THE WESTERN PORTION ON PARCEL 26, SECTION M. CHESAPEAKE PARK FOR ROBERT MURRAY RIEVE AND SUSAN RHEA RIEVE BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE:I"-60' JANUARY 8, 1970," 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 Robert M. Rieve and Susan R. Rieve, (the "Agreement") which is attached hereto and incorporated by reference; and 35 36 37 38 39 .40 41 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 Robert M. Rieve and Susan R. Rieve 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/rieve/ord. R-1 PREPARED: 03.26.02 SD AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY ~ CITY ATTORNEY LOCATION M,~ : 1" -- 1,600' MAP LOCATION SHOWING ENCROACHMENT REQUESTED BY RO BE RT M. R! EVE AN D SUSAN R. R~I~V~E~E - INTO CITY RIGHT-OF-WAY ONE BRADFORD POINT '~ SCALE: 1" = 100' M.J.S. BRADFORD FT. DGN PREPARED BY P/VV ENG. DRAFT. FEB. 27, 2002 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58. I-81 l(e)(4) REIMBURSEMENT AUTHORIT. ED UNDER SECTION 25-249 THIS AGREEMENT, made this ~)~b~A'~Oay of ~x ~)k 0.,k_~._. , 20 ~ by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT M. RIEVE and SUSAN R. RIEVE, 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 "THE WESTERN PORTION OF PARCEL 26" shown on that certain plat entitled "PHYSICAL SURVEY OF THE WESTERN PORTION ON PARCEL 26, SECTION M. CHESAPEAKE PARK FOR ROBERT MURRAY RIEVE AND SUSAN RHEA RIEVE BAYSIDE BOROUGH o VIRGINIA BEACH, VIRGINIA SCALE: 1 "-60' JANUARY 8, 1970" on file with the Office of Real Estate, Department of Public Works, City of Virginia Beach and being further designated and described as One Bradford Point, Virginia Beach, Virginia 23455; and That, WHEREAS, it is proposed by the Grantee to construct and maintain rip rap and existing bulkhead at the rear of One Bradford Point, "Temporary Encroachment", inthe City of Virginia Beach; and GPIN 1570-31-4930 That, WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property at the rear of One Bradford Point on Lake Bradford "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: "PHYSICAL SURVEY OF THE WESTERN PORTION ON PARCEL 26, SECTION M. CHESAPEAKE PARK FOR ROBERT MURRAY RIEVE AND SUSAN RHEA RIEVE BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"-60' JANUARY 8, ! 970," 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. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authqrity 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 Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry 3 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 collecxt 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 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, Robert M. Rieve and Susan R. Rieve, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 4 name and on its behalf by its City Manager and its seal be hereunt°` affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Robert M. Rieve ~usan R. RieCe STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 , by DESIGNEE OF THE CITY MANAGER. day of ., CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA -- -~ CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 VIRGINIA BEACH. day of , by RUTH HODGES SMITH, City Clerk for the CITY OF Notary Public My Commission Expires: STATE OF CITY/COUN~T~r O~ 77. The foregoing instrument was acknowledged before me this e~Pt9 v'~'ay of '~'~. ~RAz ~.-, 20o2-r-by Robert M. Reive and Susan R. Rieve. My Commission Expires: Notary Public APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT REAL ESTATE AGENT 6 THE) IS TO CERTIFY THAN ON JANUARY 8,1970 THIS LAND WAS :SURVEYED THE PROPERTY ,~-IOWN ON THIS; PLAT AND THAT TITLE' LINES; AND 'I'~IE'WALLS OF THE BUILDINGS: ARE AS; ~:HOWN ON THIS PLAT THE BUILDINGS; S;TAND S;TRICTLYWR'HIN THE TITLE LINES; AND THEI:::~ ARE NO ENCROACHMENT~ OF O'I'HER BUILDINGS ON THE PROPERTY EXCEPT AS; SHOWN. · SIGNED ~ ,~'..~~ RETURN TO HIGH GROUN PROP.OF VA [ICH BAC~FtLL J' ~r,~. E1'~' DGE OF WATER -- Exhibit "A" PIN - 'HE WESTERN PORTION NONTIDAL WATER (L~ND LOCI() BULKHEAD / RIP RAP RETURN TO HIGH GROUND ON PARCI=! 26, SEC.'lION M. CHESAPEAKE PARK FOR ROBERT MURRAY RIEVE AND SUSAN RHEA RIEVE BAYSiDE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE: 1" =60" JANUARY 8,1970 JOHN E. SlRINE AND A~SOClATES SURVEYORS; 8. I:::NGINEERS VIRGINIA BEACH, VIRGINIA MARINE RESOURCES COMMISSION RECEIVED ~,UG 0 ~, 7.001 One E 1ford Point, Virginia Beach, VA 7~ '55 Looking North Looking South CITY OF VIRGINIA BEACH AGENDA ITEM' TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Airplane Enterprise Fund Appropriation MEETING DATE: May 14, 2002 Background: The Police Department has used an airplane for several years to primarily conduct prisoner extraditions. The use of the airplane has resulted in substantial savings of police staff time formerly devoted to traveling to various sites by vehicle or commercial air to transport prisoners to Virginia Beach. The Commonwealth has also realized significant savings in actual dollars reimbursed to cities conducting these prisoner extraditions by reducing airfare costs and other related travel expenses. The City of Virginia Beach also uses this airplane occasionally to transport City officials to conduct official City business when such an arrangement significantly saves staff time and funds compared to traveling on a commercial carrier. Prisoner extraditions, however, hold priority. Considerations: Operating funds have been appropriated each fiscal year since FY 1992-93 for the operation of the airplane. The full amount of these costs is covered by State reimbursement, or Federal reimbursement if a federal prisoner is transported. When transportation is provided to City officials for official City business, such costs are reimbursed to the airplane fund by the appropriate City department. The original appropriation for FY 2001-02 was $573,845. The number of prisoners being transported and corresponding fight time per month has increased. Fuel costs are again increasing, as well as other operating expenses. In order to maintain current flight hours, an additional appropriation of $100,000 is requested to increase spending authority. Again, costs are fully covered through State and Federal reimbursement. Public Information: Public Information would be handled through the normal Council Agenda public information process. Alternatives: Without the additional appropriations, it is estimated that no additional flights could be made after the middle of May 2002. Virginia Beach personnel would resume utilizing commercial airlines or vehicles which require at least a two-day trip per extradition. Recommendations: It is recommended that Council appropriate an additional $100,000 to the Airplane Enterprise Fund for the remainder of FY 2001-02. Attachments: Ordinance Recommended Action: Approval Submitting Department/Age~ncy: P_Jolice City Manager~~.~ ~___, ~/~.. F:\D~..~T~Ordin\N ON CODE~irplane Enterprise.agenda.wpd 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $!00,000 TO THE POLICE DEPARTMENT'S FY 2001- 02 OPERATING BUDGET TO CONTINUE PRISONER EXTP_ADITIONS WHEREAS, the City of Virginia Beach Police Department has demonstrated the need for an additional $100,000 to continue prisoner extraditions for the remainder of the fiscal year and all costs are fully reimbursed by the state or federal government. 9 10 11 12 13 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That an additional $100,000 is hereby appropriated to the Police Department's FY 2001-02 Operating Budget to continue prisoner extraditions, with estimated revenue from the state projected to increase by $99,000 and estimated revenue from the federal government projected to increase by $1,000. 16 17 Adopted the__day of__ City of Virginia Beach, Virginia. 2002, by the Council of the CA-8483 Ordin/noncode/Airplane Enterprises.ord.wpd May 1, 2002 Ri APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /Man~gem~t ' ~ervices Re,ar tment of 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, An Ordinance to Amend Section 23-58 of the City Code Pertaining to the Regulation of Commercial Parking Lots in Resort Tourist Zoning Districts MEETING DATE: May 14, 2002 Background: Concerned about the appearance of commercial parking lots in the Oceanfront Area and the behavior problems that occur in these lots, the City Council asked staff to draft ordinance amendments that address the situation. On April 24, 2001, the first draft was presented to the City Council. City Council referred the amendments to the Resort Advisory Commission (RAC) for review and comment. RAC held over 12 public meetings on the topic and many of these meetings were well attended by commercial parking lot owners. Significant public comment was heard at many of these public workshops. Since the ordinance was first circulated a year ago, numerous changes and improvements have been made as a result of this input. The attached version was requested by Councilman Branch and endursed by the RAC. This item was deferred at the April 23 meeting to provide the Beach District Councilperson and City staff an opportunity to meet with a number of parking lot operators who had a few remaining concerns with the proposed amendments. That meeting has occurred and the remaining issues are being discussed. Considerations: A summary of the ordinance amendments follows - 1. Applies only to commercial parking lots in the RT- Resort Districts. 2. Minimum fine for violations is raised from $10 to $100. Maximum fine remains at $1000. 3. A site plan and sign plan must be submitted and approved. 4. The following is required for all commercial parking lots: Paved surface and curbing in accordance with City Standards. As an exception, any lot legally operating prior to adoption of these amendments, may eliminate curbing. Where curbing is eliminated, City approved wheel stops must be installed. Concrete and asphalt wheel stops are permitted, however, railroad ties or timber wheel stops will not be permitted. The wheel stops must be permanently fixed in place. Perimeter landscaping adjacent to any public right-of-wav or publicly owned property. This consists of a five-foot wide bed with streei frontage plant Attachments: Ordinance Recommended Action: Indefinite Deferral. Submitting Department/Agency:__Planning Department City Man ag~ [~._ .'~-~ ~O--h_ Amendment to Section 23-58 of the City Code Commercial Parking Lots Page 2 Co H. I. J. K. material meeting City specifications. Any fence enclosing the parking lot shall have a maximum height of 4 feet and shall be composed of a maintenance free material such as black vinyl coated chain link, cast iron or a white vinyl picket fence. Additional landscaping is required at the end of all parking aisles not adjacent to a public right-of-way or public property. Such interior landscaping may consist of City approved plant containers. Lot entrances and exists must be secured when the lot is not in operation by a gate (not by a chain) consisting of maintenance free material such as black vinyl coated chain link, cast iron or a white picket fence. One trash receptacle for every 3,500 square feet. An attendant must be on duty during all hours of operation and for one-half hour after closing or until the last vehicle has left the lot. Any attendant shelter must be in good condition. The lot must be kept clean and orderly. Trash containers must be emptied at close of operation or as needed. The lot must comply with all other applicable requirements of federal, state and local law, including ADA requirements. Stormwater Management must be addressed. 5. Signage B. C. D. An entrance sign is required at each entrance. The entrance sign cannot exceed 9 square feet. These signs are in addition to the regular sign allowance for the site. Each entrance sign must contain the name of the establishment, hours of operation and the rates. All signs on the lot shall comply with the City sign regulations and with specifications for public signs in the Resort Area. Hours of Operation - No new vehicle may enter a commercial parking lot after 2:00 a.m. and all lots must be secured no later than 2:30 a.m. Lots must remain closed until 5:00 a.m. As an exception, any commercial parking lot that is also accessory to a business that remains open after 2:00 a.m. may remain open for use by patrons of the business only provided the lot is supervised. 7. No commercial parking lot permit shall be renewed unless an inspection by the City shows that all required improvements and landscaping are present and in good condition. 8. The City Manager or his designee may grant variances to the provisions. The RAC Design Committee will review all variance applications. o The amendments pertaining to required improvements are effective on April 30, 2003. This effective date gives existing commercial parking lot owners one more season to operate before installing required pavement and landscaping. Recommendations: An indefinite deferral of the revised amendments is recommended. The Beach District Councilperson desires to continue discussions with those lot operators who have outstanding issues with the amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND SECTION 23-58 OF THE CITY CODE PERTAINING TO THE REGULATION OF COMMERCIAL PARKING LOTS IN RESORT TOURIST ZONING DISTRICTS SECTION AMENDED: 23-58 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-58 of the City Code is hereby amended and reordained to read as follows: Sec. 23-58. Commercial parking lots. ~ (a) ~= provisions For purposes of this section, and the term "commercial parking lot" as u=== zn =hzs oectzon,=~=~ =pp to means any lot, or portion thereof, used pzinclpally for ~he parking of motor vehicles for a fee or other consideration~ and=~==~ ..... not ~=-=~= pz=~p== ......... use of the pzemlses but not includinq parkinq qarages or similar structures. The provisions of this section shall apply to all co~ercial parkinq lots located in any Resort Tourist Zonin~ District. COMMENT The amendments to this subsection make it clear that whenever a parking lot, or any portion thereof, is used for the parking of motor vehicles for a fee, it shall be considered a "commercial parking lot" for purposes of this section, even if it is accessory to the principal use of the premises. The amendments also clarify that parking garages and similar structures are not included within the definition. The amendments also limit the application of the ordinance to commercial parking lots located within Resort Tourist Zoning Districts, which generally comprise the City's Resort Area. 3O 31 32 33 34 35 36 37 %~a~r (b) It shall be unlawful and a misdemeanor punishable by a fine of not less than t~ one hundred dollars ($10.00) ($100.00) nor more than one thousand dollars ($1,000.00) for any person, firm, corporation or other entity to operate a commercial parking lot without a valid permit therefor or to operate a cor~cLercial parkin9 ~ in violation of any of the requirements provisions of this section. Each day that a violation continues shall constitute a separate offense. In addition to any fine imposed hereunder, and not 38 in lieu thereof, the continuing violation of any of the provisions of 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 this section may be enjoined or restrained by injunction. COMMENT A fine of $10.00 provides little incentive for the owner or operator of a commercial parking lot to comply with the provisions of this section. Therefore, it is recommended that the minimum fine for a violation of this section be increased from $10.00 to $100.00. The language regarding the operation of a commercial parking lot without a valid permit is deleted since the permit requirement is addressed in subsection (a). Application for a permit required by this section shall make application therefor be made to the city engineer City Manaqer or his desiqnee. Each application shall set forth the name and address of the applicant and, if different, the name and address of the owner of the property upon which the proposed commercial parking lot is to be located, and shall be accompanied by: (1 A nonrefundable fee (2 (3 of one hundred dollars ($100.00)m~ An approved site plan prepared in accordance with the Site Plan Ordinance and showing all elements required by this section; ............. ~wv~=~, however, that no had not ceased ~=~.~w~ for = ~=ziwd vf more ~ ~ years not be~=~u~u to t or ~=in approval of any .~-~ ~t.~ -pl=~, ...... ~.s such ............ lot and amount of ............... do' ..... .... per acre wf ~¢,,~ occupied or fra =' thereof, but no ~=oo than one ~liw~=ll~ u~lars {$1,000.00) in any event, with surety approved bp- t~he ~3 attorney ~lid ~wil~ll=~ ~F~ ~he owner = ~ pi' '= ' operator's= - corn iance wi~h=~ ......... ~= ~= requirements of this section A sign plan showing the design, size, 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 t00 101 102 103 104 color and materials of all signs to be located on the lot. The amendments to subsection (c): COMMENT Change the officer responsible for accepting permit applications from the City Engineer to the City Manager or his designee; Delete the former "grandfathering" provision under which existing commercial parking lots were not subject to this section; 'Delete the bond requirement; and Add a requirement that a sign plan be filed with the permit application. (d) Notwithstanding the provisions of subsection (c) hereof, an application for renewal of a valid permit issued on or after January 1, 2002, need not be accompanied by a new site plan unless the substantial improvements have been, or will be, made during the permit year. COMMENT This amendment provides that a new site plan is not required for a renewal application if no changes to the parking lot have been, or will be, made. ~ (e) No permit issued pursuant to this section shall be valid for a ~=~v~ in excess uf one year, - ............ , however, ..... permits may be renewed, upon application, for additional periods not exceeding one year. .... ~= requirements for renewal ~~ons be as set~i in subsection (-'~ hereof; ............. however, that no sitep~ ......... ~I' be-=~=u .................... to be : .................... ~=~ the : ..... lot to be expanded,=.l~=z~=u, ................... .~u~=~ or ~===~=~ beyond December 31 of the year in which it was issued or renewed. No such permit shall be renewed unless and until it has been determined, by inspection, that all required improvements and landscaping are present and in Good condition and all other requirements of this section have been met. COMMENT The amendment establishes a uniform expiration date for all commercial parking lot permits. It also provides that all required improvements and landscaping must be installed and in good condition and all other requirements of this section have been met before a permit is renewed. (f) Upon approval of an application, the permittee shall be 105 106 issued a self-adhesive sticker which shall serve as the permit and 107 108 109 110 111 shall be affixed to one of the entrance siqns required by subsection (i) of this section. COMMENT Requiring that a permit sticker be affixed to one of the parking lot's entrance signs will assist in the enforcement of the permit requirement. 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 ~ '(q) It shall be a condition of every permit issued hereunder that the city or its agents shall have the authority to enter upon the commercial parking lot and perform any acts required to bring the property into compliance with the provisions of this section in the event the owner or operator, after being given notice of, and a reasonable opportunity to correct, any condition of noncompliance shall fail to do so. =C5) (h) Commercial parking lots shallT at all times, whether or not they are in operation: (1) Have an ~LL~v=~ a paved surface, ....... may ...... of~ ..........~ aggregate or ~ other sur~=~= as may bc aisles, which meets the inclusive of all drive requirements of the (2) Specifications and Standards of the Department of Public Works and the Site Plan Ordinance; provided, that any commercial parkinq lot in operation as of April 23, 2002 shall not be required to provide curbinc so lonq as wheel stops composed of concrete or asphalt are provided and maintained in good condition and repair at all times; Be completely enclosed, except at points of ingress ~ egress, b~ a oF~ ~ fence or ~=~ fence meeting the requirements for fences set forth in thc city's~~~, ............... screening'~ ......................... ~=~ s~and~ds =~u op~=~=catzons, or wi landscaping meeting =~ requirements of .... =~ city's par~=~ ....... lot==~=o~oping 4 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 (3) -fee (5} specifications .................. ~u =~.l~zu= pertaining to perimeter thereof, by wiheelstops. Contain perimeter landscaping meetinq the requirements of section 5A of the Parkin~ Lot Landscaping Specifications and Standards where adjacent to any public riqht-of-way or other publicly-owned property. The perimeter may also be enclosed by fencing meetinc the requirements for fences set forth in Section 201(e) of the City Zoning Ordinance; provided, however, that such fencinq shall not exceed four (4) feet in heiqht and shall consist of materials, such as black vinyl-coated chain link, white vinyl picket or black wrought iron, which are generally recognized within the industry as maintenance - free. Wood split-rail fences shall not be permitted. Such fencing and landscaping shall at all times be maintained in good condition and repair; Contain additional landscapinq, which may consist of city-approved plant containers, located at the end of all parkinq aisles not adjacent to a public riqht-of- way or other publicly-owned property and which shall be maintained in qood condition and repair at all times; Be secured at all points of ingress and egress by a ~L~===~ chazn ~= gate, consistinq of materials, such as black vinyl-coated chain link, white vinyl picket or black wrouqht iron, which are qenerally recocnized within the industry as maintenance - free, except during hours of operation; Contain no less than one trash receptacle, plainly visible and marked as such, for every three thousand, five hundred (3,500) square feet of lot area or fraction thereof; 17i 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 2O0 201 202 203 204 2O5 (6) Have upon the premises, during all hours of operation and for one-half hour after closinq or until the last (~) (7) (8) vehicle has exited the lot, whichever is earlier, at least one attendant~ If any type of shelter is provided for attendants, such shelter shall at all times be maintained in qood condition and repair; and Be maintained in a clean and orderly condition at all times. All trash receptacles shall be emptied and the contents thereof properly disposed of at the close of operation daily and at such other times as receptaCles become full~; and Be in compliance with all requirements of federal, state includinq, without limitation, parking space other applicable and local law the handicapped requirements of the Americans With Disabilities Act. COMMENT The amendments to this subsection: Require the surface of all commercial parking lots, including all drive aisles, to have a paved surface meeting the requirements of the Department of Public Works' Specifications and Standards and the Site Plan Ordinance. An exception is made for parking lots in operation prior to the date of adoption of the ordinance, so long as wheel stop made of asphalt or concrete are provided; Require perimeter landscaping in areas adjacent to public rights-of-way or other City property, and allow fencing made of maintenance-free materials in addition to required perimeter landscaping; Require interior landscaping and allow such landscaping to consist of City-approved landscaping planters; Require an attendant to be on the premises not only during all hours of operation, but also until the earlier of one-half hour after closing or the time the last vehicle leaves the lot; Require attendants' shelters and all landscaping and fencing to be maintained in good condition and repair; and Require compliance with all applicable federal, state and local law, including the requirements of the ADA regarding handicapped parking. 206 207 2O8 ~3J-(i) Notwithstanding the provisions of any other ordinance or regulation, incl~, ..................... ~nv~ ~L~~, section 15~ of the ~y Zoning Ordinance, no commercial parking lot~ shall have ~ ene 6 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 sign, not exceedinq nine (9) square feet in surface area per face, per at each principal entrance. ~,~~o~.~ any contrary pzvv~, no such sz~ ~z,~ exceed six ~] squar~ feet per face in surface area. Each entrance sign shall contain the name of the establishment, if any, times of operation and rarest ESrg~ and shall otherwise comply with all applicable city sign regulations and specifications for public signs in the Resort Area. Entrance signs may contain removable numbers for purposes of displaying rates. The square footage of such entrance signs shall not be counted against the maximum square footage allowed for commercial sicns under the City Zoning Ordinance. COMMENT The amendments to this subsection increase the maximum allowable square footage of entrance signs and clarify that this limitation does not count against the maximum square footage for commercial signs allowed under the CZO. They also provide that signs must comply with the City's specifications for public signs at the Oceanfront and that signs may contain removable numbers for purposes of displaying rates. 226 227 228 229 230 231 232 233 t+Pr(j) Commercial parking lots shall be subject to inspection by the City Manager City Manager or his designee for purposes of determining compliance with the provisions of this section, and no person shall obstruct or interfere with such personnel as are authorized by the City Manager City Manaqer to enforce this section in the lawful discharge of their duties. COMMENT Theamendmentstothissubsectionarenotsubstantiveinnature. 234 235 236 237 238 239 240 241 242 (i) (k)~==~ the pez~ ........ ~zom ~F==~ ....... I to September 30, inclusive, Except where a commercial parkinq lot is accessory to a business which remains open after 2:00 a.m., is used solely by patrons of such business, and is supervised by the operator of such business, no vehicle shall be permitted to enter any commercial parking ~he ~-I,~,~-~, ........... ~ ~ ~ ~ ~ Resort Tourist D~strzcts ~=voed for buszness no ~rk~T--t+~. after 2:00 a.m.~ an~= Ail such lots shall be secured at all points of ingress and egress, as required by subdivision (4) of subsection {f) {3) (h) of =~s=~ section, 7 24B 244 24~ 246 247 248 249 2~0 2~ 2~2 2~B 2~4 2~ 2~? 2~8 2~9 26O 262 264 26S 267 2~8 269 270 271 272 27B as soon thezeaftez as possible, but in ~ hereof, by no later than 2:30 a.m. and shall remain closed until no earlier than 5:00 a.m. COMMENT The amendments provide that commercial parking lots in the Resort Area must close by 2 a.m., be secured by no later than 2:30 a.m., and may not reopen until at least 5 a.m. In addition, the amendments make such closing requirements applicable during the entire year, rather than only between April 1 and September 30. The foregoing requirements do not apply to lots which are accessory to a business which is open after 2 a.m., is used solely by patrons of such business, and is supervised by the operator of the business. (iS- (1) The provisions of this section shall be deemed to be severable, and if any of the provisions hereof are adjudged to be invalid or unenforceable, the remainder of this section shall remain in full force and effect and its validity shall remain unimpaired. COMMENT This subsection is unchanged. (m) The City ManaGer or his designee is authorized, upon application by the owner of a commercial parking lot, to Grant a variance from the provisions of this section when: (1) Strict application of the provisions of this section will effectively prohibit or unreasonably restrict the use of the property; or (2) The Granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege. In granting a variance, the City Manager or his designee may impose such conditions as may be necessary in the public interest; provided, however, that the City ManaGer or his designee shall not grant a variance from any condition or requirement of a conditional use permit Granted by the City Council. 274 275 276 277 278 COMMENT Subsection (m) authorizes the City Manager or his designee to grant variances to the provisions of the ordinance under certain circumstances. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 279 280 281 282 283 284 285 286 That the amendments to subdivisions (1), (2) and (3) of subsection (h) and to subsection (i hereof shall not become effective until April 30, 2003. COMMENT This provision allows the paving and landscaping improvement required by subsection (h) and the signage required by subsection (i) to be delayed until April 30, 2003. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-7735 wmm\ordres\23-058ord.wpd March 27, 2002 R-17 APPROVED AS TO CONTENT: Plannin~Department APPROVED AS TO LEGAL SUFFICIENCY: Ci~--Attorney's Office 9 CITY OF VIRGINIA BEACH AGENDA ITEM' TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Amendment to City Code Section 21-321.2 Pertaining to Maximum Speed Limits in Designated Neighborhoods. MEETING DATE: May 28, 2002 Background: On February 13, 2001, an ordinance was passed to deter speeding on residential streets identified and qualified by the Traffic Calming Program. That ordinance allows a court to impose upon a driver convicted of speeding on these designated streets a fine up to $200. Considerations: Pursuant to § 46.2-878.2 of the Code of Virginia, the City of Virginia Beach can designate these problem streets by ordinance, and provide that the fine for a speeding violation on such streets is not prepayable. Consequently, if a person is charged with speeding on any such street, he or she would have to appear before, and be sentenced by the court. The Traffic Calming Program is designed as follows: Phase I is aimed at awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood chooses the streets they want evaluated for inclusion in the program. Phase II consists of speed studies of the chosen streets. If the studies shows an 85 Percentile speed of at least 33 mph, or it shows an average speed of at least 29 mph, in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement on the designated streets, followed by follow-up traffic studies at the end of each enforcement cycle. If the speeds persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the established neighborhood petition area sign a petition requesting the implementation of Phase Ill. Phase III of the Program involves designated streets within a neighborhood being identified in the above-referenced ordinance, therefore subjecting violators to a non-prepayable fine up to $200.00. And finally, should this initiative fail, the neighborhood may request Phase IV, the installation of physical devices to prevent speeding. After advising all participating neighborhoods of the Program policies and the criteria for inclusion in the Program, the streets added by this amendment have qualified for inclusion in the program with studies showing an 85th Percentile speed of at least 33 mph, and a petition signed by at least 75% of the established petition area residents. Recommendations: It is recommended that the attached ordinance amendment, which adds new streets in Church Point to the street listing in § 21-321.2, be adopted. All of these streets were identified through the Traffic Calming Program. It is anticipated that more streets will be added to the ordinance in the future. Public Information: This ordinance will advertised. be advertised in the same manner other Council agenda items are Attachments: Ordinance Map IRecommended Action: Approval ~~_~,._ Submitting De~rt_ment/Ag, e, nc~_.,Police/Public Work City Manager~~-~-~ ~._. ~C/~. 1 2 3 AN ORDINANCE TO ADD A NEW SECTION TO THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS IN DESIGNATED NEIGHBORHOODS SECTION ADDED: 21-321.2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the CQde of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-321.2. Traffic Calming via Maximum speed limits in certain residential districts; penalty. Pursuant to section 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a non-prepayable fine of not more than $200, in addition to other penalties provided by law: Effective as of February 12, 2001: 1. L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 2. Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. 3. Lake Shores: Jack Frost Road; Lake Shores Road. 4. Little Neck: Harris Road. 29 3O 31 32 33 34 35 Effective as of August 14, 2001. 1. Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. 2. Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 36 37 38 39 4O 41 42 43 3. Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 4. Country Haven: Stewart Drive. Effective as of April 9, 2002: 4. Fairfield: Lord Dunmore Drive. 5. Bellamy Manor: Homestead Drive. 44 45 46 Effective as of May 28, 2002: Church Point: Church Point Road; Church Point Place; Timber RidGe Drive. 47 48 49 50 Comment The streets indicated under the heading "Effective as of l~lay 28, 2002" will become part of the Traffic Calming Program. Drivers caught speeding on those designated streets can be fined up to $200.00. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 53 54 55 56 CA-8464 F:\datalproposed121-321.2.ord RI April 17, 2002 57 58 59 6O APPROVED AS TO CONTENT: 61 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Neighborhoods Participating in Phase I11 of the Traffic Calming Program, Ordinance 2619 .::~..,~. ~.//~ ~ ~,.~ ~ ~ Ll~le Neck. ,~. - ............ ~: ~ ~...; ,... ' ~'~?'~;~t '- '~ ,:~ ~'~:~'~ ~;~' "] ~4&',',~ "~5 ~ ~;~. ~)-,~'~ '~ ~ :,U~.~'~7 e~'~ -'".~' ~ '~< ~3t'~ '~ ~1 ,~t~(."~:~ ~;-.N : '~ m~.' ~ ~;~Ft~'~'~2,,,~:~.': ..... ~ ~ ', '~,,":: '.'. ~" .;'.:..; .':; ., ~.,',< .:: .%',, '~:. '~/'~ ... ~". . 'x~ . ' '" , ,- .~ ,~.-',~i-,- ..... ",-, .'',~,~_ ', ':: ~ ~:: '2, ~, ~ t ~ k ~. f ~ /..'r .... ~ ~. ::..,'.: ;. .::. x:., ~.>d/l" ' .::'~' AT~:'-'~,~ ~ f~,~L(~?~:~ : .:.'~:' ".~ ...... ~'.-: :..'.'::..~ · '~;::, ~.'.:'-",." ~ ':.-x · _ _ , ~,"~ .... ~ ~ ':' Count~ Haven ::':X_ ~% ( ,_ ,~' ....:? .' / ~.)r ~/~':':.::'::::: ":'~" : : ..... :: :' : . :..:. ' .:: :: : ::- .> : :' ..': : .:: : ;;:::: ~ '" ' ':' .::: : . .'" :' , .' :':::':, ~;.' .':' ~:~:: .::~).E :,' ~.~:~.~:::.:.,~ ,. · ' . ' " ' ' .::~/;'::. :':::': ........... Ne~ Nei~h~rh~ ~r~e~ ~it~ · . ,. Brighton o. the Bay will be removed from the Program zoo* :. · . , :.' ' . ;. : '. :: ' ' ' ,.. ~ ". ~ :~..:'::2 -:~'::":;.::','::. '.. .... ::: . : . . : . . : :,.. .. .... '. . '... ,'.. ' ' - ..... ~~: ~ ' t '"'."::: .' .."::" -:': :.':.'":." ..:': .: . .. : . '::: ::::.::: ... -'~ ' ':::. ::' / · . ::.:,... . .: . CITY OF VIRGINIA BEACH AGENDA ITEM" TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Safe Beach Task Force MEETING DATE: May 14, 2002 Background: A task force was established by the Department of Emergency Medical Services to review beach safety policies and procedures. This team, known as the Safe Beach Task Force, is comprised of representatives from numerous public and private agencies. They have identified a number of issues to review both for the immediate future and over the long term. Their initial work has identified two sections of the City Code which require updates to meet the needs of the community. Meanwhile additional community dialogue has identified an option for increasing surfing access. The current ordinances require all City recreation center and contracted oceanfront lifeguards to be certified by the American Red Cross. While this is the most common lifeguard certification found in the Hampton Roads region, there are other equivalent formal training programs available. Restricting qualifications to only one source limits the potential applicant pool for both City and contracted lifeguard positions. The City and contracted oceanfront lifeguard services utilize red "no swimming" flags and other warning devices to advise beachgoers of potential hazardous conditions. These devices are highly susceptible to theft. While the replacement cost of a stolen flag is Iow, the risk to the community is high. Removal of a warning flag is comparable to the removal of a traffic sign. In 1999, City Council adopted new ordinances to expand surfing access along the City's public beaches. Since that time, the Department of Emergency Medical Services and other City Staff have continued to monitor the impact of these changes. Education and enforcement efforts are ongoing. Of particular note is the higher population of surfers along Croatan Beach. In 2000, the Croatan Civic League Board of Directors recommended expansion of the Camp Pendleton surfing area by 200ft. However, this request was linked to a number of conditions which could not be met with existing City resources (i.e. additional dedicated lifeguards and police officers). Dialogue between Staff, the Croatan neighborhood and the surfing community was continued in order to find the best way to meet the needs of all stakeholders. Considerations: · The existing lifeguard ordinance only allows for American Red Cross Certification. Other equivalent training programs exist, including YMCA certification. Experience has shown that "no-swimming" flags or other warning devices are often stolen. While current ordinances allow for deployment of warning devices on the beaches, there is no specific penalty for theft of these devices. The number of surfers in the Croatan is higher than other beach areas. Existing surfing zones are crowded, resulting in surfers migrating into swimming areas. Public Information: The changes recommended by the Safe Beach Task Force were discussed at a public meeting in December. Further publication will be made via: · Media release · City Page · Water safety education programs Modifications to the Croatan surfing area will be published via the following mechanisms: · Civic League newsletter · Signs posted in new surfing zone · Flyers issued to surfers using the Camp Pendleton surfing area parking lot · Media release Alternatives: · Do not modify existing ordinances · Modify existing ordinances Recommendations: It is recommended that City Code Sec 6-17 be modified to include a penalty for. theft or removal of "no swimming" flags or other beach hazard devices. It is recommended that City Code Sec 6-71 be modified to allow the Department of Emergency Medical Services and the Department of Parks and Recreation to recognize formal lifeguard training programs other than those offered by the Amedcan Red Cross. It is recommended that City Code Sec 6-116 be modified to extend the dedicated surfing zone 200 ft north of the northern border of the Camp Pendleton surfing area. Attachments: None Recommended Action: Approval Submitting Department/Agency: ~-~_~_~_~,..J_O ?.~.~.~._~_,~rv/l~es. ~.. . ,~ ~ ~ Del~arfrnent of Emergency Medical S ' City Manager:~r.~ ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO AMEND PERTAINING TO LIFEGUARDS SECTIONS AMENDED: ~ 6-17, THE CITY CODE 6-71, AND 6-116 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 6-17, 6-71 and 6-116 of the City Code are hereby amended and reordained, to read as follows: Sec. 6-17. Unsafe swimming or wading areas. (a) The city manager or his designee is authorized to prohibit swimming or wading at such times and in such areas or places as may be determined to be unsafe. Whenever an area has been determined to be unsafe pursuant to this section, it shall be unlawful for any person to swim or wade in such area if the area has been identified as unsafe by the posting of "no-swimming" flags or other appropriate markers, or after being informed by a police officer, other public safety official, or lifeguard that the area has been determined to be unsafe. (b) Any person convicted of the unauthorized removal or theft of "no-swimminq" flaqs or other caution markers shall be subject to a two hundred fifty dollar ($250.00) fine. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 COMMENT This section mandates a fine of $250.00 Ar any person convicted of the unauthor~ed removal or the~ of "No Swimming" flags. Sec. 6-71. ~ Recognized Ccertificate required. (a) It shall be unlawful for any person to accept employment or to be employed as a lifeguard within the city; to appear on or at any public or private beach or recreational swimming facility within the city and hold himself or herself out or represent himself or herself as a lifeguard; to represent himself or herself as a lifeguard to any employer, prospective employer or any other person within the city; or publicly to wear any emblem the effect of which is to cause the public to believe that he or she is a lifeguard, unless such person holds a certificate f~om ~8 40 4~ 42 4~ 44 4~ 46 4'7 48 49 ~0 ~2 ~4 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 examination, =**u hasu==~, ...... u=~=~-,t~-~=~-' ...... :---~ to be a person ' ~: .......... by ..... Zy agent thereof from a formal lifequard traininc proqram recoqnized by the Department of Emerqency Medical Services er the Department of Parks and Recreation. (b} In addition to the restrictions set forth in subsection (a}, it shall be unlawful for any person, whether or not he er she is duly certified as a lifeguard, to appear on or at any public beach or any recreational swimming facility operated by the city and te hold himself or herself out or represent himself or herself as a lifeguard unless he er she is employed by er under contract with the city as a lifeguard. (c) Any person convicted of violating any provision of this section shall be guilty of a class 4 misdemeanor. COMNI~NT This section allows potential lifeguards certified by programs recognized by the Department of Emergency Medical Services or the Department of Parks and Recreation to qualify for employment with the City of Virginia Beach as certified lifeguards. Sec. 6-116. Surfing generally. (d) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day Weekend, it shall be unlawful for any person to use a surfboard in the waters of the Atlantic Ocean, between the hours of t1:00 a.m. and 4:00 p.m. any day of the week, in the area *~***~*=~-z u~- ~=u== inlet from the southern boundary of Rudee Inlet to the point located two hundred (200) feet north of the northern boundary of Camp Pendleton. COMMENT This section redefines the prohibited surfing area as follows: the area from the southern boundary of Rudee Inlet to the point two hundred (200) feet north of the northern boundary of Camp Pendleton. 72 73 74 Adopted by the City Council of the City of Vir. ginia Beach, Virginia, on this day of , 2002. 75 76 77 CA-8460 DATA/ODIN/PROPOSED/06-017etalord.wpd R2 May 7, 2002 APPROVED AS TO CONTENTS: E~gency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's 0f~ce CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Establishment of the Virginia Beach/Jamestown 2007 Steering Committee MEETING DATE: May 14, 2002 Background: On April, 28, 1607, an expedition from three English ships came ashore somewhere in the vicinity of what is today the northeast coast of the City of Virginia Beach. These first colonists promptly erected a cross in honor of his Majesty, King James I. But more important than an honorarium, the cross was intended to give notice to other European colonizers that this land had been claimed. Precedents set that day at Cape Henry established the basis for England's claim and future colonization of America. After three days of exploration, the expedition sailed across the bay to Hampton where a second cross was erected before proceeding up the James River to finally establish Jamestown. The observance of the 400th anniversary of the founding of Jamestown is scheduled to be a major event in the history of our state. A statewide committee has been formed and the General Assembly has committed funding to various initiatives and program activities. Whereas the main focus will be upon Jamestown, there is also encouragement for communities throughout the state to each commemorate in their own way their connection with the establishment of the first permanent English colony in the new world. Recognizing the important presence Virginia Beach occupied in this historic event, the Virginia Beach City Council in its 2001 planning retreat placed high priority on developing commemorative activities for the 400th year anniversary. City Manager Jim Spore then tasked Mac Rawls to organize this planning process. Various city departments and community groups have participated in generating ideas for the anniversary. At its March 14, 2002 meeting, the VB/Jamestown 1607-2007 Planning Group members developed guidelines and parameters for organizing and conducting events for the anniversary observance. Foremost, the anniversary is envisioned as an event that will involve the citizens of Virginia Beach in their history and inspire them to share it with others. The occasion will be used to commemorate the first landing in 1607, and to impart information about Virginia Beach's history over the last 400 years, as well as to denote its potential for the future. It is anticipated that in April, 2007, Virginia Beach will be visited by Jamestown's three ships. Additionally there will be a re-enactment of the landing at Cape Henry and the exploration of the Lynnhaven River. Considerations: A steering committee needs to be appointed by Council to ensure coordination with the various state and regional bodies involved in the planning of the 400th anniversary activities and to provide the recognized authority needed to seek funding from state and private sources to effect the events proposed for VB/Jamestown 2007. Public Information: Public information and notification will be handled through the typical Council Agenda Notification process. Additionally, meetings have been held with all applicable city departments, community groups and state officials. Recommendations: Approval of the attached resolution that will establish the Virginia Beach/Jamestown 2007 Steering Committee. Attachments: Resolution; VB/Jamestown 1607-2007 Planning Group Roster Recommended Action: Submitting Department/Agency: Department of Museums and Cultural Arts City Manager(~,_~.[ ~, ~ 1 2 3 4 5 A RESOLUTION ESTABLISHING THE VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMITTEE AND PROVIDING FOR ITS MEMBERSHIP, DUTIES AND -DISSOLUTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the observance of the 400th anniversary of the founding of Jamestown is scheduled to be a. major event in the history of the Commonwealth of Virginia; WHEREAS, a statewide committee has been formed and the General Assembly has committed funding to various initiatives and program activities to encourage communities throughout the State to each commemorate their connection with the establishment of the first permanent English colony in the new world; WHEREAS, the City of Virginia Beach occupies an important presence in this historic event, inasmuch as the expedition of three ships which established Jamestown, first landed in what is known today as Cape Henry and erected the cross which established the basis for England's claim and the future colonization of America; WHEREAS, the City Council in its 2001 planning retreat placed a high priority on developing commemorative activities for the 400th anniversary; WHEREAS, the City Manager tasked the then Director of the Department of Museums and Cultural Arts to organize this planning process; WHEREAS, through the efforts of the former Director, various city departments and community groups have met to form the VB/Jamestown 1607-2007 Planning Group and to develop guidelines and parameters for organizing and conducting events for the anniversary observance; and WHEREAS, the Department of Museums and Cultural Arts has recommended that City Council establish a Virginia Beach/Jamestown Steering Committee to ensure the appropriate coordination with the various state and regional bodies involved in the planning 27 28 29 B0 32 33 37 38 39 4O 42 52 of the 400th armiversary activities and to provide the recognized authority to seek funding from state and private sources to effect the events proposed for VB/Jamestown 2007. NOW, THEREFORE, BE IT RESOLVED BY THE COLrNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That there is hereby established the Virginia Beach/Jamestown 2007 Steering Committee (the "Committee"); 2. That the Committee shall consist of sixteen (16) individuals, who shall be appointed by the City Council, which shall give particular consideration to persons who are members or representatives of the following groups or organizations: the Francis Land House/Adam Thoroughgood House Board of Governors; First Landing State Park; Fort Story; Order of Cape Henry; Nansemond Indian Tribe; Naval Air Station Oceana; Princess Anne/Virginia Beach Historical Society; Virginia Arts Festival; Virginia Beach Chamber of Commerce; Virginia Beach Visions; Virginia Beach Motel & Hotel Association; Virginia Beach School Board; Virginia Beach Arts & Humanities Commission; Norfolk State University; Virginia Wesleyan College; and a Chairperson. 3. The purposes of the Committee shall be: (a) To coordinate the work of the VB/Jamestown 2007 Planning Group; (b) To provide the recognized authority as needed to seek funding from state and private resources for the events proposed for VB/Jamestown 2007; (c) To plan and cooperate with other state and regional bodies who have been established for similar purposes of commemorating the 400th anniversary of Jamestown. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Committee shall be temporary in nature, and shall stand dissolved without further action by the City Council upon the conclusion of the Virginia Beach/Jamestown 2007 Commemoration events on or about July 1, 2007 55 56 day of Adopted by the Council of the City of Virginia Beach, Virginl/i, on the ~ ., 2002. 57 58 59 6O CA-8451 ORDIN~NONCODE\ R-2 PREPARED: 04/23/02 APPROVED AS TO CONTENT Dept. of Museums & Cultural Arts APPROVED AS TO LEGAL SUFFII2IENCY Department of Law /] VB/Jamestown 1607-2007 Planning Group Membership .*-. Mac Rawls Dr. Robert Albertson Sam Arrington Carolyn Barkley Tom Beatty Chris Bonney Shirley Beuche Dr. Tom Bogger Lonnie Clement Lynn Clements Col. Kevin Donohue (ret) Roy Dudley Bob Fort Sharon Fraim Col. Edward Gully Fred Hazelwood Barbara Henley Lemoine M. Jones Glenda Knowles Ron Kuhlman Dr. Steve Mansfield Bob Matthias Donald Moore MaryAnne Nixon Chief Oliver Perry Mark Reed Mike Reitelbach Jim Ricketts Robert Ruhl Ruth Smith Emily Spruill Fielding Tyler Sid Vaughn Hester Waterfield Planning Group Coordinator Virginia Wesleyan College VB Chamber of Commerce VB Dept. of Public Libraries Atlantic Wildfowl Heritage Museum Bonney and Associates Lynnhaven House/Al)VA Norfolk State University VB Public Schools VB Dept. of Museums and Cultural Arts Former CO, Ft. Story Order of Cape Henry VB Visions VB Arts and Humanities Commission Commanding Officer, Fort Story First Landing State Park Ferry Farm and VB City Council Old Coast Guard Station VB Preservation Partnership VB Dept. of Convention and Visitor Dev. Va. Wesleyan College VB City Manager's Office VB Genealogical Society Land/Thoroughgood House Board Nansemond Indian Tribe VI3 Dept. of Museums/Cultural Arts Hampton Roads Assoc. VB Dept. of Convention and Visitor Dev. VB Dept. of Economic Development VB City Clerk VB Dept. of Museums/Cultural Arts Old Coast Guard Station PA/VB Historical Society VB Dept. of Convention and Visitor Dev. *Membership in the VB/Jamestown 1607-2007 Planning Group is open to all persons and organizations having an interest in the history of Virginia Beach mad a desire to participate in examining events which extend l~om its beginning as the first permanent English territory claimed in America to its present day accomplishments as a great city. PLANNING RECONSIDERATION: Applications of WEST NECK PROPERTIES, INC. at the northeast comer of West Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres. (DISTRICT 7 - PRINCESS ANNE) Variance to § 4.4Co) of the Subdivision Ordinance re the thirty (30)-foot minimum pavement width for interior streets Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-15 Residential c. Conditional Use Permit re Open Space Promotion Application of KATHRYN B. BATEMAN for a Conditional Use Permit re a recreational facility of an outdoor nature re children learning about horses, ponies and farm life at the east side of Princess Anne Road, north of Vaughan Road (1324 Princess Anne Road), containing 3 acres. (PRINCESS ANNE ~ DISTRICT 7) o Application of DOMINION CHRISTIAN CENTER for a Conditional Use Permit re a church on the north side of Lynnhaven Parkway, east of Round Hill Road (2159 Lynnhaven Parkway), containing 1.68 acres. (CENTERVILLE - DISTRICT 1): Applications of 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation at Lynnhaven Parkway and Magic Hollow Boulevard: (PRINCESS ANNE - DISTRICT 7) Change of Zoning District Classification from R-7.5 Residential to Conditional B-2 Community Business, containing 9.46 acres. b. Conditional Use Permit re a self-storage facility (mini-warehouses) o Application of MCCOMBS BROS. MOVING AND STORAGE, INC., a Virginia corporation, for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional 1-2 Heavy Industrial at Harper's Road and Dam Neck Road, containing 6.41 acres. (BEACH - DISTRICT 6) Application of LINDA T. CHAPPELL for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional I-1 Light Industrial at Dam Neck Road and London Bridge Road, containing 25.711 acres. (BEACH - DISTRICT 6) ° Applications of the City of Virginia Beach to AMEND the City Zoning Ordinance (CZO): § 203 vehicular parking requirements in the B-3A Pembroke Central Business Core District, provisions pertaining to the required dimensions of parking space§ and the use of compact car spaces in parking garages and structures in all zoning districts §§ 111 and 901 re the definition of and certain requirements pertaining to outdoor plazas and cafes in the B-3A Pembroke Central Business Core District § 902 to allow reduced setbacks from sreets for buildings and structures in the B-3A Pembroke Central Business Core District COUNCILMAN BRANCH: I'm glad we have a couple more weeks to look at it. COUNCIL LA~)Y HENLEY: Yeah. We will work it out. COUNCII24AN HAi~RISON: In fact if we push it off long enough, we can let our future Council -- VICE MAYOR SESSOMS: Oh, that's a short-timer's attitude. FORMAL SESSION VICE MAYOR SESSOMS: Under Planning, West Neck Properties, Incorporated, for approval for a two-week deferral. However, I want to note that there is a speaker here. CITY CLERK: Your Honor, that speaker has come in and checked and if it is being deferred, she will come back on April the 9th. VICE P~kYOR SESSOMS: Thank you very much. going to do. That is what I was Item Number 2, Maxine Johnson for approval. Item Number 3, Atlantic Shores Baptist Church for approval. Item Number 4, Princessboro Development Company, Incorporated, has requested a withdrawal. I understand that we have and I know the staff has made every effort and even contacted a lot of people ahead of time not to come down because there was a withdrawal. However, I see we have six or seven people who were opposed to it. Does anyone object to the withdrawal? Hearing none, we will move forward. And, finally, Item Number 5, Princess Anne Little League for approval. Do I have a motion? COUNCILMAN HA/{RISON: So moved. COUNCII/~ ~ukNDIGO: Second. gets a low score because it eats up all the open space, then, I would like to kind of see you weigh one off of the other if that would be possible. VICE ~YOR SESSOMS: Well, we have a couple of weeks to get that done. COUNCII24AN BRANCH: Great. COUNCII24A/q JONES: I want a voice in here, because I feel kind of the same way. I would like to know how it would size up to your evaluation process with the larger lots, because I'm not comfortable with 10,000 square foot lots either. I'm afraid if we start with 10,000 square foot lots in this development, then.we are going to end up with every developer coming in and saying well you did it over here, we ought to be able to do it here and I'm not sure that's what I want to hear. VICE b~YOR SESSOMS: Okay. Barbara. COUNCIL I2%DY HENLEY: You know then that goes back to maybe it's just too many lots for the parcel. That's still where my problem is. Coming up with the right number of lots is an issue and you know I -- thinking in terms of the things that we have heard at some of the Workshops that we have attended. You know if it's really well designed and it's a really good neighborhood particularly with a lot of open space, the lots are going to sell for a lot more money. So, you may be able to have fewer lots much better designed and so forth that will net the developer the s~me amount of money in the long run simply because the lots will be more valuable. So, this idea of we have got to get that many lots on here is driving the fact that you have either got to have small lots or encroaching the area that we should have retained. So, it's still -- you know I guess we've just got a lot of facets for this whole thing. So, my concern is that number of lots. INFORMAL SESSION VICE MAYOR SESSOMS: Planning. Mrs. Henley, would it be okay with you for a two-week deferral here on Consent, noting that they are going back to come up with the proffers that the staff has recommended? COUNCIL LADY HENLEY: support. Yeah. I don't object to the two-week deferral, but I'm not able to necessarily VICE MAYOR SESSOMS: I understand. COUNCIL LADY HENLEY: There may be someone down to speak in opposition. You would note that at the beginning, so they don't have to sit all the way through. VICE MAYOR SESSOMS: Absolutely. COUNCILMAN BRANCH: Mr. Scott, I understand that originally the Applicant had submitted an Application that showed larger lot sizes. Can we get a look at that to see what -- I'm still having indigestion over this 10,000 square-foot lot issue with $350,000 homes. That's not my concept of a transition area. ROBERT SCOTT: We can show you that. you that. In fact, I did show COUNCILMAN BRANCH: Yeah, but it's hard to read over a fax machine. ROBERT SCOTT: I can get copies made. COUNCILMAN HARRISON: Could we have that original plan with the larger lots run through your evaluation process? I mean I would like to see -- I'm like Linwood. I was thinking about the larger lots too. I don't want to -- I mean if it Virginia Beach City Council March 26, 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 ~I~NAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, P~C Dawne Franklin Meads VERBATIM Planning Application of West Neck Properties, Incorporated Item V-K. 1. - 31 - PLANNING ITEM # 49453 (Continued) Voting: 10-0 (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, dr., Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf March 26, 2002 Item V-K. 1. - 30- PLANNING ITEM # 49453 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council DEFERRED to the City Council Session of April 9, 2002, applications of WEST NECK PROPERTIES, INC applications of }VEST NECK PROPERTIES, INC. for a Variance to 3~ 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot minimum pavement width for interior streets, and Ordinances for a Conditional Change of Zoning and Conditional Use Permit: Appeal to Decisions of Administrative Officers in regard to certain 'elements of the Subdivision Ordinance, Subdivision for West Neck Properties, Inc., a Virginia corporation. Parcel is located at 3132 West Neck Road (GP1N #2403-21-1935; #2403-21-0241). DISTRICT 7 - PRINCESS ANNE. ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC., A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-15 RESIDENTIAL DISTRICT An Ordinance upon Application of West Neck Properties, Inc., a Virginia corporation,for a Change of Zoning District Classification from AG-1 and A G-2 Agricultural Districts to Conditional R-15 Residential District at the northwest corner of West Neck Road and lndian River Road (GPIN #2 403- 21-1935; #2403-21-0241). The proposed zoning classification to Conditional R-15 is for single family residential land use on lots no less than 15,000 square feet. This site is located in the Transition Area as defined in the Comprehensive Plan. The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach. Said parcel is located at 3132 West Neck Road and contains 87.215 acres more or less. DISTRICT 7 - PRINCESS ANNE. AND, ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC., A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Ordinance upon Application of West Neck Properties, Inc., a Virginia corporation, for a Conditional Use Permit for Open Space Promotion at the northeast corner of West Neck Road and Indian River Road (GPIN #2403-21-1935; #2403-21-0240. Said parcel is located at 3132 West Neck Road and contains 8 7. 215 acres. DISTRICT 7 - PRINCESS ANNE. ORDINANCE UPON APPLICATION OF WOODFIN HEATING, INC., FORA CONDITIONAL USE PERMIT FOR AN A UTOMOBILE SERVICE STATION 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, 160feet more or less north of Virginia Beach Boulevard (GPIN #2407-86-4082). Said parcel contains 41,817. 6 square feet. DISTRICT 6 - BEACH. March 26, 2002 'THE BEACON 'Sunday, April 28; 2002 - THE BEACON Sunday, May 5, 2002 At 6:00 PM, Tuesday, May 14, 2002, the Virginia Beach City Council will RECONSIDER the applications of WEST NECK PROPERTIES, INC., at the northeast corner of West Neck and Indian River Roads {3132 West Neck Road), containing 87.215 acres {PRINCESS ANNE - DISTRICT 7) Interested citizens are invited to attend. ~,~__~" Ruth Hodges Smith, MMC City Clerk If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call TDD only 427.4305 (TDD- Tele- phonic Device for the Deaf). Virginia Beach Beacon April 28 and May 5. 2002 3892135 [2] AG-2 West Neck Pro. AG-2 AG-I AG=2 AG'-2 ZONING HISTORY la. Rezoning (A-R to M-13) & Conditional Use Permit (mobile home park); lb. Rezoning (A-R to C-G3) & Conditional Use Permit (gas station); lc. Rezoning (A-R to C-L3) All requests were Denied 5-15-72 2. Conditional Use Permit (indoor/outdoor recreation - gym, boxing rings & track) Withdrawn 4-23-84 3. Subdivision Variance Approved 7-7-92; Conditional Use Permit (single family homes) Approved 7-7-92 4. Modification of Proffers Approved 5-11-99; Rezoning (AG-2 Agricultural to R-20 Residential) Approved 1-4-94; Rezoning (AG-1 Agricultural to R-20 Residential) Approved 1-4-94; Rezoning (R-40 Residential to R-20 Residential) Approved 1-4-94; Conditional Use Permit (open space promotion) Withdrawn 1-4-94; Subdivision Variance Approved 1-4-94; Rezoning (R-10 Residential to AG-2 Agricultural) Approved 7-14-92; Rezoning (R-15 Rezoning (R-20 Conditional Use Rezoning (AG-1 Rezoning (AG-1 Rezoning (AG-1 Conditional Use Residential to AG-2 Agricultural) Approved 7-14-92; Residential to AG-2 Agricultural) Approved 7-14-92; Permit (golf course) Approved 7-14-92; and 2 Agricultural to R-10 Residential) Approved 4-9-91; and 2 Agricultural to R-15 Residential) Approved 4-9-91; and 2 Agricultural to R-20 Residential) Approved 4-9-91; Permit (golf course) Approved 4-9-91; CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager West Neck Properties, Inc., a VA corp., Change of Zoning District Classification, Conditional Use Permit, and Subdivision Variance MEETING DATE: May 14, 2002 Background: (1) An Ordinance upon-Application of West Neck Properties, Inc., a Virginia corporation, for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District at the northwest corner of West Neck Road and Indian River Road (GPIN #2403-21-1935; #2403-21-0241). The proposed zoning classification to Conditional R-15 is for single family residential land use on lots no less than 15,000 square feet. This site is located in the Transition Area as defined in the Comprehensive Plan. The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach. Said parcel is located at 3132 West Neck Road and contains 87.215 acres more or less. DISTRICT 7 - PRINCESS ANNE. (2) An Ordinance upon Application of West Neck Properties, Inc., a Virginia corporation, for a Conditional Use Permit for Open Space Promotion at the northeast corner of West Neck Road and Indian River Road (GPIN #2403-21-1935; #2403-21-0241 ). Said parcel is located at 3132 West Neck Road and contains 87.215 acres. DISTRICT 7 - PRINCESS ANNE. (3) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for West Neck Properties, Inc., a Virginia corporation. Parcel is located at 3132 West Neck Road (GPIN #2403-21-1935; #2403- 21-0241). DISTRICT 7 - PRINCESS ANNE. This request was deferred at the January 22, 2002 meeting. The request was deferred for 30 days at the February 5, 2002 meeting to provide time for the Planning Commission, City Council, and City staff to discuss clarification of Transition Area policies. At the March 5, 2002 City Council meeting, the applicant requested a deferral until March 26, Attachments: Revised Plan with 20,000 square foot lots Staff Review of 64 lot plan Planning Commission Minutes Disclosu re Statement Location Map Recommended Action: Staff recommends disapproval of th~ 58 Iotplan. Submitting Department/A~len ,: Planning Department d_/~,j City /~- ~ West Neck Properties, Inc., a VA corp. Page 2 as the work on the clarification of Transition Area policies was not yet completed. The requests were deferred at the March 26, 2002 meeting to allow the applicant to revise the proffers reflecting a reduction in the number of residential lots by two (2). At the April 9 meeting, the requests were denied as submitted. City Council then voted to reconsider the application and set the date for the reconsideration for May 14. The applicant was instructed to develop a plan with minimum 20,000 square foot lots. The applicant has prepared that plan and has provided it to staff. The plan is shown on the last page, below. Considerations: The applicant is requesting a change of zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District on this site. The R-15 zoning will be modified through an Open Space Promotion Use Permit, allowing the size of the lots to be reduced, thus providing additional open space area. The applicant is also requesting a subdivision variance to the 30 foot minimum pavement width for interior streets. In order to reduce the overall amount of pavement, the applicant is proposing a 28 foot pavement width with side swales (ditches). The applicant's request is based on the recommendation of the Comprehensive Plan for the Transition Area to construct local roads with minimal pavement width, wide shoulders and side swales. Include a well planned pedestrian circulation system to connect neighborhoods, recreational areas and open spaces. MinimiZe through consolidation the number of street accesses to arterial roadways" (pp. 72-73, Policy Document). Due to the reduced width, the applicant has proffered that vehicular parking will be allowed on only one side of the streets. The use of swales as opposed to a curb and gutter drainage system is being discussed by staff. The recommendation of the Comprehensive Plan, noted above, was intended to be used with larger lots (30,000 square feet and up). For lots of the size proposed with this change of zoning request, experience has indicated that the use of swales may not be advisable. Should these requests be approved, staff will work with the applicant during detailed site plan review to determine which roadway drainage system (swales ro curb and gutter) is most appropriate for this development. As noted above, this request was deferred at the February 5, 2002 meeting to provide time for the Planning Commission, City Council, and City staff to discuss clarification of Transition Area policies. Staff developed a set of criteria for assessing a development's consistency with the Comprehensive Plan's policies for the Transition Area. On February 19, the Director of Planning presented staff's work on the policy clarification to a joint meeting of the City Council and the Planning Commission. That clarification resulted in a "Transition Area Matrix," which is used to calculate the potential density of a project in the Transition Area. Application of the new 'matrix' to the plan submitted by the applicant found that the final rating of the proposal would allow a maximum of 64 dwelling units on the property. The applicant submitted a revised site plan and proffer indicating development of the site with 64 lots. The Planning Director amended his original recommendation in writing to indicate a recommendation of approval of the 64-1ot plan. That plan was considered by the City Council at the April 9 meeting. At the same meeting, City Council discussed a conceptual plan developed by Staff, at the request of Council members, showing the site with 20,000 square foot lots. Council requested that the applicant consider the use of 20,000 square foot lots. The applicant has produced such a plan. Council also requested that the site be assessed using the "Yield Plan" methodology suggested by Randall Arendt. Staff has assessed the site through a "Yield Plan" and determined that under provisions of the City Zoning Ordinance, the site would yield four to five one-acre or larger lots. If the site was developed under the Conditional Use Permit provisions for an Alternative Residential Development, twenty to twenty-five one-acre lots could be accommodated, depending on the suitability of the soils for West Neck Properties, Inc., a VA corp. Page 3 septic systems. Recommendations: Subsequent to the submittal of the 64-1ot plan, Council expressed a preference for a minimum lot size of 20,000 square feet. The rural character called for in the comprehensive plan can be achieved by first assuring that an adequate level of amenity and open space is provided, then second, assuring that lots are of a size preferred by Council, and finally, third, that the number of lots are appropriate._ This plan achieves the minimum lot size desired, but at the expense of a significant loss of amenity. It does not provide the appropriate mix of amenity, natural resource protection, and, most importantly, rurally-compatible design that the Comprehensive Plan calls for in the Transition Area. The loss of the 150 foot buffer along West Neck Road and Indian River Road is critical, as that buffer PrOvided space that was to be bermed and reforested in an attempt to maintain some sense of open space along the roadways. The impression that a person has of the development as they drive, ride, or walk along the roadway is critical, as it is that impression that defines in the mind of the individual the character of the area as urban, suburban, semi-rural, or rural. While the new 58 lot design provides 20,000 square foot lots as requested by the City Council, it does so at the expense of open space and amenity. The 64 lot plan provided approximately 38 acres of open space; the 58 lot plan provides approximately 33 acres. The plan is reminiscent of suburban residential subdivisions found in the northern portion of the city rather than a unique rural subdivision that helps in defining this area of the city "as a special type of growth, with its own development standards suitable to the atmosphere and character of the area... ," (Comprehensive Plan). In sum, this project has lost much of the uniqueness that made it appropriate to the Transition Area. Staff cannot support the 58 lot, low-amenity plan. Approval of either the 58 lot, 20,000 square foot plan or the 64 lot plan should be conditioned as follows as part of the Open Space Promotion: The subdivision shall be developed as depicted on the submitted subdivision plan entitled, "Preliminary Subdivision Plan for Eagles Nest for West Neck Properties, Inc., Virginia Beach, Virginia," dated July 5, 2001 revised 11/18/01, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The applicant shall install a fence or other landscape treatment acceptable to the residents of the three lots on Indian River Road which are mostly surrounded by the proposed development. In addition, the applicant shall grant private utility easements and make city water and sewer facilities available to these three lots. o/ WEST NECK PROPERTIES / # 19 - 21 December 12, 2001 REVISED: MARCH 29, 2002 This report has been revised to reflect a revised plan submitted to City staff on March 27, 2002 General Information: REQUEST: ADDRESS: (19) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District. (20) Conditional Use Permit for Open Space Promotion, (21) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance (minimum street pavement width). 3132 West Neck Road (Northeast corner of West Neck Road and Indian River Road). Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 1 G PIN: #2403-21 - 1935; #2403-21-0241 .. -~. ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: 7 - PRINCESS ANNE 87.55 acres more or less. Ashby Moss Major Issues: · Consistency with the policies of the Comprehensive Plan for the Transition Area. · Impact on City systems (transportation, utilities, schools). · Compatibility with the surrounding area in terms of land use. Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 2 Land Use, Zoning, and Site Characteristics: Existin.q Land Use and Zoning The property is currently developed with a single-family dwelling and various other outbuildings and structures including a stable, greenhouse, detached garage, pool, tennis court, and basketball court. The property is zoned AG-1 and AG-2 Agricultural Districts. Surroundinq Land Use and Zoning North: South: East: · Cultivated fields / AG-1 and 2 Agricultural Districts · Three single-family dwellings fronting Indian River Road / AG-2 Agricultural District · Across Indian River Road, farm with single-family dwelling (included in Agricultural Reserve Program) / AG-1 and 2 Agricultural Districts · Woodlands and wetlands (City-owned property) / AG-1 and 2 Agricultural Districts Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 3 West: · Single-family subdivision (Indian River-Plantation) /Conditional R-20 Residential District Zoning and Land Use Statistics With Existing Zoning: With Proposed Zoning: The density provisions of Section 402 of the City Zoning Ordinance would allow four to five single-family dwellings by-right depending on the amount of Type 1 and 2 soils present. The conditional zoning agreement limits the number of lots to 64 and requires the development design to follow the preliminary subdivision plan described below. A total of 46.74 acres of mostly wetlands and some upland areas will be dedicated to the City. Another 10.75 acres of open space within the development will be owned by a Property Owners' Association. Zoninq History A three-part rezoning request was denied on the subject property in 1972. The three parts to the rezoning request included: a corner parcel proposed for a gas station, the Indian River Road frontage proposed for commercial, and the remaining area proposed for a mobile home park. Twelve years later, a conditional use permit for a portion of the subject property was requested. That proposal, for indoor/outdoor recreation, including a gym, boxing rings, a track, and a lodge was withdrawn April 23, 1984. East of the subject property across West Neck Road, a number of zoning actions have occurred for the Indian River Plantation development. In 1991, the property was rezoned from Agriculture to various residential districts with a conditional use permit for a golf course. In 1992, these zonings were changed back to Agriculture with another conditional use permit for a golf course. Finally, in 1994, most of this portion of the property was rezoned to Conditional R-20. The proffers were modified on part of this area in 1999, but the zoning remains Conditional R-20 Residential District. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. The proposed use is compatible with this AICUZ. Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 4 Natural Resource and Physical Characteristics -..~ The property contains both open fields, not under cultivation, and heavily wooded areas. While the wooded areas are mostly on the eastern side of the property, there are a number of mature hardwoods at the center of the property around the exist ng house. The existing driveway is also lined on both sides with tall evergreen trees. This has been incorporated in the proposed site plan as part of a multi-purpose trail. This land drains to West Neck Creek, located approximately 400 feet from the northeast corner of this property. Consequently, wetlands and floodplain comprise a large portion of the eastern and northern sides of this property. Soils on the site are a mixture, dominated by Tomotley (poorly drained, hydric) and Dragston (somewhat poorly drained, non-hydric). _ Public Facilities and Services Water and Sewer There is currently no City water or sanitary sewer available to this property. The plan, as proposed, cannot be developed without City sewer. However, the Capital Improvement Program (CIP) lists projects for water and sewer extensions along West Neck Road to a point north of the proposed site. To extend water and sewer to the subject site, the developer would have to construct a pump station and extend sewer and water lines approximately 5,000 feet. It is the intent of the applicant to extend water and sewer to the site and discussions have been held with Public Utilities regarding this extension. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): West Neck Road in the vicinity of this application is currently a two lane undivided rural arterial, and Indian River Road in the vicinity of this application is currently a two lane undivided rural arterial. The MTP designates Indian River Road as a 100 foot divided roadway. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity West Neck Road 2,502 ADT ~ 7,400 ADT ~ Potential Land Use z- 90 ADT Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 5 Proposed Land. Use~ - 660 ADT I Average Daily Trips as defined by 5 single-family dwellings as defined by 66 single-family dwellings Schools School Name Current Capacity Generation Enrollment North Landing Elementary 503 666 19 Princess Anne Middle 1,376 1,520 11 Kellam High 2,365 2,070 12 1 "generation" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: Fire and Rescue: Adequate. No further comments. Adequate. If road widths are less than 30 feet, parking should only be permitted on one side of the road. Summary of Proposal Proposal · The proposed development consists of 64 lots and 37.66 acres of open space (not including City-defined wetlands). Density equals 0.93 units per developable acre (does not include City-defined wetlands), and non-City-defined wetland open space equals 55 percent of the developable area. Lots range is size from 10,800 square feet to over 20,000 square feet with an average lot size of 16,000 square feet. The proposal includes 46.74 acres of land to be dedicated to the City. This includes 18.46 acres of City-defined wetlands bordering West Neck Creek and 28.28 acres of upland adjacent to these wetlands and along West Neck Road and Indian River Road. Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 6 The applicant is also requesting a subdivision variance to the ~30~oot minimum pavement width for interior streets. In order to reduce the overall amount of pavement, the applicant is proposing a 28 foot pavement width. A very small amount of fill in the floodplain is necessary to reach some of the high, developable land on the property. The lost floodplain area will be mitigated on site in an equal amount. A floodplain variance is not required as the area of fill is only 0.2 percent of the total flood fringe area on the site. Site Desiqn · The plan shows a 64 lot subdivision served by a road with three cul-de-sacs and a Iccp. The area proposed for development is primarily located on the western half of the property. Much of the eastern half, which is primarily wetlands and floodplain, is proposed for dedication to the City, to be integrated into the City's West Neck Creek Linear Park property. Along both the West Neck Road and Indian River Road street frontage, 150 foot buffers are also propesed for dedication to the City. The street frontage buffer is interrupted at one point on Indian River Road where the development wraps around three existing houses. The central feature of this subdivision plan is a 10 foot wide multi-purpose trail that runs through the center of the site adjacent to the main interior road. This trail consists of the existing tree-lined asphalt driveway, which will be extended past its current terminus all the way to the wetlands at the back of the site. A 15 foot public access easement will sanction public access to and use of the trail. A 1.37 acre stormwater management facility is shown on the plan at the center of the site. The presence of the road swales may reduce the size or eliminate the need for this facility entirely. Vehicular and Pedestrian Access · The proposed subdivision's sole entrance is on West Neck Road, just south of the existing driveway for the property. The interior roads consist of a Iccp road and three cul-de-sacs. · The divided entrance includes two exit lanes and one entry lane. · Both right and left turn lanes are shown on West Neck Road. Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 2! Page 7 In addition to the ten foot paved multi-purpose trail within the development, an eight foot trail is proposed within the buffer along West Neck Road and Indian River Road. (This buffer is proposed for dedication to the City, so the trails will also be City- owned). · Sidewalks are shown along one side of the interior streets. · Another 15 foot public access easement is shown adjacent to lot 11, connecting the buffer trail on Indian River Road to the interior sidewalk system. · Pressed concrete brick paver crosswalks are shown at four points where sidewalks/trails cross an interior street. · Parking for guests will be allowed on only one side of the streets due to the reduced pavement width that is proposed. Architectural Desi,qn · The applicant has praffered minimum house sizes of 2,600 square feet for one stow houses and 2,800 square feet for two stow houses. Each house will have a two car garage. In addition, at least 75 percent of the exterior building material must be brick, stone, stucco, or similar quality material. · A four foot high, eight foot wide brick monument style sign is shown on a one foot concrete base for the proposed community entrance sign. Landscape and Open Space · A total of 46.74 acres of open space is to be dedicated to the City. This includes the wetlands and floodplain on the eastern portion of the property which are proffered to become part of the West Neck Creek Linear Park. The 150 foot buffers along West Neck Road and Indian River Road are also included in this figure. · Interior open space to be owned by a Property Owners' Association equals 10.75 acres. The total amount of open space that can be credited toward the 15 percent requirement for open space promotion is 37.66 acres or 55 percent of the developable land on the site. Landscaping proposed for the 150 foot buffers along West Neck Road and Indian River Road consists of a 50 to 70 foot wide berm along the interior part of the buffer. The berm area is to be reforested with at least 70 percent native species of shrubs Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 8 and trees. On the street side of the berm, 30 by 50 foot landscape beds will be placed 200 to 250 feet apart, consisting of shrubs, ornamental grasses, and perennials. Proffers PROFFER # I Staff Evaluation: PROFFER # 2 Staff Evaluation: PROFFER # 3 When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than sixty-four (64) building lots substantially in conformance with the Exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR EAGLES NEST FOR WEST NECK PROPERTIES, INC. VIRGINIA BEACH, VIRGINIA," dated July 5, 2001 revised 11/18/01, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). The proposed subdivision plan is acceptable. When the property is developed, approximately 46.74 acres of forested area and buffers along West Neck Road and Indian River Road lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to the Grantee as Public Open Space. An additional 10.75 acres of Open Space including an improved multi-purpose trail for use by the public shall be maintained by the Property Owners Association. This proffer is acceptable. The wetlands and adjacent uplands proposed for dedication adjoin several acres of City-owned land bordering West Neck Creek. This land will be a welcome addition to the West Neck Creek Linear Park. The entrance to the community and multi-purpose trail and the typical street section of future West Neck Road and the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on page 2 of the Concept Plan. No on-street parking Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 9 Staff Evaluation: PROFFER # 4 Staff Evaluation: PROFFER # 5 Staff Evaluation: shall be permitted on one side of every road within the community. This proffer is acceptable. The interior roadway sections are just two feet shy of the standard 30 foot pavement section. Restricting on-street parking to just one side of the street will ensure adequate paved width for emergency vehicles on the interior roads. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common area easements, including the community owned open space and multi-purpose trail, the entrance signage and neighborhood park. This proffer is acceptable. The Deed Restrictions and Property Owners' Association will help promote and maintain the level of quality demonstrated in this proposal. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent (75%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area and any two-stow dwelling shall contain no less than 2800 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. This proffer is acceptable. The size of the Proposed homes, quality exterior building materials, and sodded front yards will all contribute to a high quality appearance for this subdivision. The two car garages and m/n/mum sized driveways will alleviate the need for on-street parking because of the alternative design for the interior streets. Four hundred ninety (490) square feet is the equivalent of Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 10 PROFFER # 6 Staff Evaluation: PROFFER # 7 Staff Evaluation: three 9 by 18 foot parking spaces. When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practical and a tree preservation plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. This proffer is acceptable. Since most of the existing trees on the site are outside of the proposed development areas, preserving trees should be uncomplicated. The tree preservation plan will be most helpful on lots 38 thru 46 and the area of the stormwater management facility which are located behind the treefine. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing sixty-five percent (65%) of the Property to open space preservation, via the dedication of forty-six and seventy-four one hundredths (46.74) acres of the Property to Grantee as a part of West Neck Creek Linear Park, and ten and three quarter acres to the Property Owners Association as permanent open space the Grantors agree to contribute the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantors agree to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. This proffer is acceptable. The cash proffer of $1,250 per lot equates to a total of $80,000 for afl 64 lots. Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 11 PROFFER # 8 Staff Evaluation: Further conditions may be required by the-Grantee during detailed Site Plan and / or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R- 15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. This proffer reaffirms that all provisions of the City Codes will be met and that the rezoning proposal outlined above does not eliminate the applicant's responsibility to follow the adopted rules and regulations. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated November 23, 2001, and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach in accordance with other Plan policies. This area, classified by the Plan as the Transition Area, serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south. The Plan offers the following planning policy guidance for this area. After each policy statement, an assessment of the development proposal in terms of the statement is provided. Provision 1 "Residential development within the Transition Area should adhere to the following guidelines: (a) Create high quality neighborhoods through careful planning of land uses, transportation systems, landscape treatments and public improvements. (b) Design with nature, making a special effort to preserve and showcase significant environmental resources. Carefully integrate such natural features and use them Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 12 as a basis, where possible, to enhance and define neighborhoods, recreation areas, open spaces, and views of special natural areas. (c) Construct local roads with minimal pavement width, wide shoulders and side swales. Include a well planned pedestrian circulation system to connect neighborhoods, recreational areas and open spaces. Minimize through consolidation the number of street accesses to arterial roadways" (pp. 72-73, Policy Document). Staff Assessment: The proposed development meets this provision. The subdivision is designed to showcase the existing tree-lined driveway by preserving it for a multi- purpose trail. This trail connects to a network of trails and sidewalks leading to other open spaces within and surrounding the development, including a major City park. Lot size is ~educed and lots and roads are placed in locations to avoid sensitive areas and most of the existing wooded areas. A 150 foot reforested buffer with a berm is included along Indian River Road and West Neck Road, further integrating the development into the surrounding landscape, consistent with the character of the Transition Area as a movement in residential density and design from the urban north to the rural south. A tree preservation plan has been proffered to preserve trees where possible. The roadway is designed with less pavement than a standard urban street section. ~ Provision 2 "The residential growth in the Transition Area is not to be considered as a continuation of growth in the north, but as a special type of growth, with its own development standards suitable to the atmosphere and character of the area, and associated where possible with significant open space and recreational amenity. The Transition Area is to be seen as an open space and recreational mecca with residential development present only to the extent it supports the primary purpose of advancing open space and recreational uses. Residential use not associated with this purpose is not encouraged" (p. 73). Staff Assessment: Depending on whether City-defined wetlands are included in the calculation, this development proposal includes either 55 or 65 percent open space. Either way, it is clear that the majority of the development consists of open space, most of which is accessible to the public through the trail system that is provided. Further, the applicant has proffered $1,250 per lot (a total of $80,000) to be used for the purchase of open space pursuant to the City's Outdoors Plan. Therefore, this proposal appears to qualify as one that will advance publicly accessible open space and recreational uses with the residential component as secondary. Provision 3 "Development that takes place in this area should be shown to be at the least fiscally neutral. Fiscally neutral means that development must both a) generate more in tax Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 13 revenue than the public services cost to support it, and b) be of such a density that, when coupled with other existing and potential development in the area, it will not generate the need for substantial infrastructure improvement in advance of the City's ability to install it" (p. 74). Staff Assessment: Based on the quafity materials for the houses and the value of the open space within and surrounding this development, these houses will have a value of at least $350,000. Further, the cost of extending water and sewer to this property will be paid by the applicant. Public Utilities already has plans to extend public water and sewer close to this area. The applicant would have to pay the cost of extending these services to the subject property. Provision 4 "As an alternative to fiscal neutrality, the use of cash proffers to offset negative fiscal impact can be considered" (p. 74). Staff Assessment: The applicant has offered $1,250 per lot (or a total of $80,000), but this has been designated for the purpose of purchasing open space. Based on the factors noted above in the Staff Assessment for Provision 3, staff concludes that the development is likely to be fiscally neutral. Provision 5 "The entire project should be developed at a density which is the lowest of the following: (a) The density that, in the opinion of the City Council, establishes the residential component as secondary; (b) The density that, in the opinion of the City Council, assures a character of the project in keeping with the character of the Transition Area; (c) The traffic equivalent of one dwelling unit per developable acre. (That is ten generated trips per developable acre)" (p. 74). "The density of the project will be governed by the overriding density requirement set forth here, as well as the degree to which it represents quality development and the degree to which it presents the recreation element and the supporting housing, as the primary focus of the project" (p. 75). Staff Assessment: Sixty-four (64) lots on the 69 acres of developable land equates to a density of 0.93 lots per developable acre. Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES/# 19 - 21 Page 14 Evaluation of Request The applicant's request for a change of zoning on this property from AG-1 and 2 Agricultural Districts to R-15 Residential District, for a conditional use permit for an open space promotion and for a subdivision variance is acceptable. Staff concludes that the applicant's proposal meets all applicable provisions of the Comprehensive Plan for the Transition Area. The 57 acres of wetlands and open space plus the cash proffers designated for the purpose of open space clearly demonstrate the promotion of open space associated with this proposal. The proposed density is slightly less than the recommended maximum for the Transition Area. The desiqn of the subdivision preserves sensitive areas and showcases environmental f~atures by incorporating them as open space. This open space both surrounds and winds through the development, creating a very useable network of trails, all of which connect with the City's West Neck Creek Linear Park. Therefore, the requests are recommended for approval. Conditions The subdivision shall be developed as depicted on the submitted subdivision plan entitled, "Preliminary Subdivision Plan for Eagles Nest for West Neck Properties, Inc. Virginia Beach, Virginia," dated July 5, 2001 revised 11/18/01, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The applicant shall install a fence or other landscape treatment acceptable to the residents of the three lots on Indian River Road, which are mostly surrounded by the proposed development. In addition, the applicant shall grant public utility easements and make city water and sewer facilities available to these three lots. NO Further conditions may be required during the administration of applicable City Ordinances. The subdivision plan submitted with this conditional use permit may require revision during detailed plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 15 Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 16 Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 17 ENTRANCE SIGN Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 18 Planning Commission Agenda December 12, 2001 (REVISED: MARCH 29, 2002) WEST NECK PROPERTIES / # 19 - 21 Page 19 Item #19 West Neck Properties Appeal to Decisions of Administrative Officers 3132 West Neck Road December 12, 2001 REGULAR AGENDA Robert Miller: Next items are items 19 through 21 for West Neck Properties. We don't have anybody signed up to speak for this one. Eddie Bourdon: For the record, Eddie Bourdon representing the application. Sorry I didn't sign up to speak.- There are some adjacent property owners here and I have been discussing the application with them and I don't know that they are going to speak but I certainly want to afford them the opportunity to do so but I will address some of the other concerns that we talked about. I will keep it brief because I think that might have been the point of the note I am not touching on what you need to be touched on so please ask me questions. The - basically it is the 87 ½ acre piece of property at Indian River Road and West Neck Road more of the Urban Services boundary line which is Indian River Road. It is directly across West Neck Road from Indian River Plantation. The property is zoned by the Snyder family. There is a lengthy history to the property which I won't go into. It is a beautiful piece of property. We have been working with staff and want to express onset our appreciation for the difficulty of this site presented in some ways with regard to floodplain and other issues and we have worked with staff and appreciate their patience in working with us to come up with a plan and I think is a beautiful plan one that we certainly will be proud of. Out of this 87 ½ acres of total land area 65% of it is going to be dedicated open space either to the City of Virginia Beach or to the property owner association or community association. So you are talking about 35% of the site will be occupied by homes and roadway area. The density is less than one unit per acre as provided for in the transition area. The City receives 46 3/4 acres of land dedicated and the homeowners association will have 10 3/4 acres of land dedicated. In addition to that because the transition area discusses and calls for public open space, I think we probably meet the argument of criteria standing alone but we also proffered $82,500 in cash in the City of Virginia Beach. That is $1,250 per lot for open space acquisition for the outdoors plan. One of the things and your write-up is very extensive and I have no disagreement with anything in the write-up. It is very well done. I had enough time to go through all of this. One of the things that is not mentioned I thought was worthy of mentioning in addition to all of the 150 dedicated areas along West Neck and Indian River Road where there will be berms and reforested landscaping and trail that connects to this beautiful trail going down the current drive way that is wooded and very beautiful, that is going to be maintained as a trail. This area was not really touched on in the write-up and this is high land off Indian River Road that is adjacent to and will with this dedication become a part of the West Neck Creek linier park and provides an excellent opportunity to provide public access to the West Neck Creek Linier Park because this is outside of floodplain, outside of wetlands and is at one point, earlier on in the process we had shown some lots in here. This, again, is a very good opportunity down the road to provide public access to the park and to the West Neck Creek. West Neck Creek is not directly adjacent to it but all the City owned property of the park is. The application is for R-15 open space promotion. The open space promotion requires that we have Item #19 West Neck Properties Page 2 15% of the properties open space. Developable portion of the property is open space. We have 55% of the developable portion of the property as dedicated open space so I think that 366% of the requirement certainly meets and exceeds the requirement. The proffers are very extensive but I won't go into them but they guarantee homes that are going to be $350,000 and above so it is clearly fiscal positive as far as what would be my perception of it. You have asked for conditional use - a variance I am sorry to the requirements for street width. We are proposing a 28 foot wide road versus 30 with swales versus curbs and gutters which again is consistent here with the intent here to minimize the size of the BMP and to have water infiltrate on the property as opposed to the channelized into a larger BMP which would involve clearing more trees and having less land available for enjoyable open space. But in reducing the size of the street by the two feet we have agreed to restrict parking to on-street parking to only one side of the road and we have added three car minimum parking spaces on each driveway proffer. We have also proffered that every house will have a minimum of a two car garage so that we are by those mechanisms, also, reducing the likelihood that there will be an issue of on street parking. We have. provided right and left hand turn lanes that we will be constructing in West Neck Road which we have also provided dedicated right of way for West Neck Road and our understanding is that West Neck Road is going to be 'widened and made more safe and a CI? project that should be forth coming in the next few years. It is going to be widened as I understand it to four lane divided to the entrance north of here to the Signature of West Neck. At one point it was a discussion of it being four lane divided all the way down to Indian River Road and I believe that that has gone away - certainly hope it is gone away. Doesn't seem to make a lot of sense for transitioning to the rural area south of the urban services down Indian River Road. We believe there is enough right of way to do whatever you want to do with enough land being provided but hopefully it will still remain a two lane road but with wider shoulders and a little bit safer conditions. Having said that the issues that the folks that are here - Stephen if you could go to the plan that shows the adjoining properties. There are three existing home sites that are located on the north side of Indian River Road and we, again, got the open space berm coming up to here. Behind here is also open space. This is all City owned open space. This first house here there is a public access easement - the trail that will be coming here - we got a connection coming through here and then we got concrete marks with stamped concrete coming across to the sidewalk so that the people in the neighborhood will be a full route around. We have agreed to put a fence up here and across the back of these two lots or we may, if everyone is in agreement - the property owners and the developer, we may wind up doing something more of a landscape treatment but for the time being everyone is happy with us putting up a privacy fence along the back of here and here. And that is to shield potential street lights coming in to the back of their property. The folks who live here, similar - we have offered to put a fence up along the boundary here where they adjoin this lot if they would like that. The other issue that we discussed is that they wanted to determine that they have access to City water and City sewer which we are providing to this community as part of this development and we, again, indicated that City water and City sewer will be available here if the property does adjoin the public right of way and we are also willing to provide it by an easement down this property line to this property so those amenities will be made available to those existing homes as a part of this development proposal. And as staff has said the proposal meets with the criteria and in the transition area and we certainly proffer a very high quality development and the only thing that I Item # t 9 West Neck Properties Page 3 think you can compare it to in terms of comparable quality will be the Reserve at Great Neck which has some similarities in terms of all the open space preserved but it is far fewer homes. It is not nearly larger than the Reserve at Great Neck but it is similar quality community would be the result of what is on paper here today. Charlie Salle: Thank you. Do we have any questions? We didn't have anybody to sign up to speak at all so I guess if we allowed Eddie to speak we have got to allow everyone to speak. David Strueli: For the reco~d I am David Strueli property owner at 2420 Indian River Road and I have a flooding problem there now and I am concerned about the flooding and the rain water problem that project might put onto my home. And I am the third one over, this one right here. And that is my biggest concern right now. When we bought the house, also, we bought it for privacy because we thought that was all too wet back in there for them to even fill back in there but that is my only concern that I wanted to bring up to your attention. I am concerned about the flooding that can happen. On five occasions at least in the three years we have been there it has come up within about 6 feet of our house and this is mainly in the back yard right here in this corner right here. It comes down the side yard and we have a problem right here. We have two big sewers right here that have open grates on the top of them fight next to Indian River Road. And when it rains hard, wherever that water is flowing, I guess it is going down here in the West Neck Creek whenever we have all these big storms last year, it wasn't flowing and it was flowing out the tops and right down my side yard and into my back yard and it would build up to about a foot deep in my whole corner of my yard. Not for a long period but for about 5 or six hours it would stay a foot deep. My dog would run back there and it would be bouncing off of his belly so I know it was a good foot deep and so that is my concern. I know you all are going to be creating more drainage for this neighborhood but if it is not able to go where it is able to go then where is it going to go. Because right now we have those big drainage pipes that run across the front of our property but because it doesn't go where it is suppose to go it gets backed up and it comes out the tops of those grates and it floods my sidewalks. If it wasn't for it coming out of those grates, I don't think my side yard and my backyard would have flood. So, I have even put pavers over the top of those grates trying to keep the water down but when it comes up fast it spreads them and comes onto the sidewalks. That is my concern I wanted to get on record. Ronald Ripley: Have you investigated whether or not the pipes are clogged up or is it problem where the outfall is? David Strueli: My wife made some calls to the City but she didn't get anywhere and we didn't come down to get anything in writing which we need to do because it might be a problem just being clogged. Ronald Ripley: The City can run a camera through there if they so desire to do and they can see what is in there and what the problem is. Sometimes that is what the problem is. Just silt builds up in it and can't take it... David Strueli: I had City people out around the property and they saw the pavers over top of the Item # 19 West Neck Properties Page 4 sewers and confronted me with it and I told them of the problem and that I called the City but we didn't do anything formally and I thought they would report it too and maybe they have done something I don't know. We need to check on it. We are very concerned. We are the lowest property out of the three in my whole front yard from the street from the upper left hand comer all the way back to the right hand rear comer we are sloped that way. So all the water runs towards my house and over to that comer. And this year I mn my dump track and deliver materials. I brought in about 8 loads of dirt in the back yard and my buddy graded it off to help raise up my grade in my backyard but like I said, the quantity of water that comes through there. It also crosses the road right over here it crosses the road at the Dolly Farm right in between my driveway, that is my driveway right there, right in between there and there it crosses the road. It is a big ditch across the street. It is across that road and there is a couple of heavy rains and it gets 20 foot section of the street. I was out watching it when it rained and it was flowing over the street and it gets 3 inches deep at a very high rate over into my side yard. That only happened one occasion out of all those rains we had where it crossed the street. Charlie Salle: Any other questions? Thank you very much. Eddie Bourdon: We are going to have him in contact with the engineers that will be doing the drainage for this project so we will be able to participate and see what is going to happen here. We think will certainly be neutral or positive. We are not going to be putting additional storm water onto his property which is in a low area. Be happy to answer any questions. Charlie Salle: Any questions? Any discussion, motions? John Baum: I move to approve. Charlie Salle: Motion by John Baum second by Cheryl Avery-Hargrove to approve the application. AYE 11 NAY0 ABS0 ABSENT0 ATKINSON AYE AVERY-HARGROVE AYE BAUM AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE AYE STRANGE AYE VAKOS AYE WOOD AYE Charlie Salle'- By a vote of 11 to 0 you have approved the application of West Neck Properties for a change of zoning from AG-1 and AG-2 to R-15 conditional use permit for open space promotion and a variance regarding street pavement width. Applicant's Name: DISCLOSURE STATEMENT West Neck Properties, Inc. a Virginia Corporation · List All Current Property Owners: M. T.o~ro .qrlyder PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, hst all officers of the Corporation below: (Attach list if necessary) 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 ffthe applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) Robert D. Zirpoli~ President If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, finn, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. O ~ Signature Print Nar~e City o£ Virginia Beach INTER-OFFICE 'CORRESPONDENCE In Reply Refer To Our File No. DF-5523 TO: FROM: RE: DATE: DEPT: DEPT: Leslie L. Lille~ B. Kay Wilsonx-' May 3, 2002 City Attorney City Attorney Conditional Zoning Application West Neck Properties, Inc. and M. Legare Snyder The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 14, 2002. I have reviewed the subject proffer agreement, dated November 23, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY: ISYI~E$. t~OURDON. AItEt~N & LEVY. P.C. WEST NECK PROPERTIES, INC., a Virginia corporation M. LEGARE SNYDER f/k/a MYRTLE W. SNYDER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 23rd day of November, 2001, by and between WEST NECK PROPERTIES, INC., a Virginia corporation, Grantor, party of the first part; M. LEGARE SNYDER, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WlTNESSETH: WHEREAS, the party of the second part is the owner of three (3) certain parcels of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 87.55 acres and described as "Parcel One" "Parcel Two", and Parcel "Three" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are hereinafter referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 to Conditional R-15 Residential District with a Conditional Use Permit for Open Space Promotion; and GPIN: 2403-21-0241 2403-21-1935 RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY: ]SYId:$. tlOURDON. AtI[RN & LIVY. P.C WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the sa.me time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-15 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more PREPARED BY: ~, I~1~.. I~l)l~ltl~', AIII.;I,~N & I I:\.'Y. P. '. than fifty-eight (58) building lots substantially in conform_.an.~e with the Exhibit entitled "PRELIMINARY SUBDIVISION PLAN OF EAGLES NEST FOR WEST NECK PROPERTIES, INC. VIRGINIA BEACH, VIRGINIA", dated April 15, 2002, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (~Concept Plan"). 2. When the property is developed, approximately 39.59 acres of forested area and buffers along West Neck Road and Indian River Road lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to the Grantee as Public Open Space. An additional 9.5 acres of Open Space including an improved multi-purpose trail for use by the public shall be maintained by the Property Owners Association. 3. The entrance to the community and multi-purpose trail and the typical street section of future West Neck Road and the roads within the community shall be constructed and installed substantially in confom~ance with the detailed plans on page 2 of the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. 4. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areae easements, including the community owned open space and multi-purpose trail, the entrance signage and neighborhood park. 5. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent (75%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2800 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. PREPARED BY: I :\Ill,liN & [I-.'VY. p.F. 6. When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practice and a tree preservation to the Grantee for review along with the Preliminary plan shall be submitted Subdivision Plan. 7. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing fifty-six percent (56%) of the Property to open space preservation, via the dedication of thirty-nine and fifty-nine one-hundredths (39.59) acres of the Property to Grantee and nine and one-half (9.5) acres to the Property Owners Association as pei~lanent open space the Grantors agree to contribute the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantors agree to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 8. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall PREPARED BY: ISYKES. I~OUI~D()N. AIIIq~N & IL'VY. P.C. continue despite a subsequent amendment to the Zoning .Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, PREPARED BY: I SYK[:S. gOURDON. [AIIERN & L[V~. I~.C. and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: ! $YI([$. I~OURDf)N. AII[RN & L~vY. P.C WITNESS the following signature and seal: GRANTOR: WEST NECK PROPERTIES, INC., a Virginia corporation STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 26th day of November, 2001, by Robert D. Zirpoli, President of West Neck Properties, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 2002 PREPARED BY: §Yl(Eg. I~0t!I~DON. WITNESS the following signature and seal: GRANTOR: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before November, 2001, M. Legate Snyder, Grantor. me this~ day of w--- -Nota~Pu[ii~-! ~ My Commission Expires: *l ./~~ PREPARED BY: SYKES. ~OUtlDON. AIIERN & [IVY. P.C. EXHIBIT "A" ALL THOSE certain pieces, parcels or tracts of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Borough of Princess Anne, City of Virginia Beach, Virginia, as shown on that certain plat entitled "PLAT OF J.L. SIMMON'S LAND IN WEST NECK, PRINCESS ANNE COUNTY, VA., MADE AUGUST 3, 1911, BY JOSHUA G. MOORE, COUNTY SURVEYOR," and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 6, at Page 3, and more particularly described as follows: PARCEL 1: Beginning at a post at the intersection of the West Neck Road and the Indian River Road (sometimes called Saw Dust Road) and running N. 9° 45' E. 1362.3 feet to a post, 8 feet South of Lead Ditch; thence S. 78° 50' E. 1361.25 feet to a post, 8 feet South of Lead Ditch; thence S. 38° E. 43.2 minutes (by plat 43.2 feet) post; S. 45° W. 138.6 feet pine stump; S. 53° 45' W., 182.8 feet pine stump; S. 1° 30' E., 102.3 feet maple; S. 1° E. 116.1 feet pine, a comer; thence N. 86° 45' E., 127.3 feet pine; S. 89° 15' E., 93.7 feet cypress; S. 88° 30' E., 219.7 feet beech; S. 33° 25' E., 121.5 feet gum; S. 38° 18' E. 82.75 feet oak; S. 15° 30' E. 55.66 feet pine; S. 29° 45' E. 91 feet pine; S. 17° E. 93.66 feet gum; S. 48° 15' E. 80 feet beech; S. 30° 51' E., 68.75 feet gum; S. 0° 55' E. 93.5 feet pine; S. 15° E. 76.5 feet maple; S. 13° 45' E. 97.1 feet gum; S. 38° 20'E, 65feetgum; S. 37° 55'E. 99 feet gum; S. 52° 35'E. 52.75 feet cypress; S. 65° 26' E. 145.5 feet oak; N. 73° 35' E, 45.5 feet gum; S. 25° 9' W. 65.5 feet pine; S. 19° W., 62 feet post; S. 19° W. 9.5 feet beech; S. 11° 25' W. 58 feet pine; W. 9° 45' W. 103 feet pine; S. 8° 15' W. 70.5 feet beech; S. 9° 45' W. 43 feet gum; S. 11°35'W. 54.6 feet maple; S. 11°W. 67 feet pine; S. 18°W. 99.5 feet pine; S. 17° 25'W. 104.5 feet gum, a corner; thence N. 71° 25'W. 154.16 feet gum; N. 67° 45' W. 149.3 feet gum; N. 57° 45' W. 327.9 feet pine; N. 57° 10' W. 283.5 feet pine; S. 75° 50' W. 80 feet post; N. 62° 15' W. 246.6 feet station on road; thence N. 65° 15' W. 1288.75 feet to post; the point of beginning, being "Plat A' and containing 72.32 acres. GPIN: 2403-21-1935 PARCEL 2: Beginning at a gum, at the Northeast corne~ of said tract and running thence N. 11° 15'E. 103. 6 feet ash; N. 11°45'E. 117.4 feet gum; N. 15° 45'E. 110.2 feet gum; N. 6° E. 258.7 feet gum; N. 5° E. 145.8 feet gum; N. 12° 30' E. 128.7 feet gum; N. 19° E. 73.2 feet gum; N. 22° E. 250 feet beech; N. 23° 45.5 feet oak; S. 65° 25' E. 146.5 feet cypress; S. 52° 35' E. 52.75 feet gum; S. 37° 55' E. 99 feet gum; S. 38° 20' E. 65 feet gum; S. 13° 45' E. 97.1 feet maple; S. 15° E. 76.5 feet pine; S. 0° 55' E. feet gum; S. 30° 5' E. 68.75 feet beech; S. 48° 15' E. 80 feet gum; S. 17° E. PREPARED BY: ! SYEEg. [IOUI~DON, i AilI-]~N & [I-:VY. P.C. 93.66 feet pine; S. 29° 45'E. 91 feet pine; S. 15° 30'E. 55.56 feet oak; S. 38° 15'E. 82.75 feet gum; S. 33° 25' E. 121.5 feet beech; a corner; then-ce'~. 57° 45' W. 201.3 feet maple; S. 55° 30' W. 153.7 feet holly; S. 77° 30' W. 69.3 feet cypress; S. 85° W. 61.3 feet gum; S. 80° 45'W. 57.4 feet gum; S. 80° 15'W. 141.2 feet gum; S. 80° 15' W. 141.2 feet to a gum and thence S. 72° 10' W. 254.7 feet to the gum, the point beginning, said tract being "Plat B" and containing 17.45 acres. GPIN: 2403-21-1935 PARCEL 3: ALL that certain tract, piece and parcel of land containing 0.302 acre, lying, situate and being on the north side of Indian River Road in the Princess Anne Borough of the City of Virginia Beach, Virginia and designated as Parcel "B' 0.302 acre on that certain plat entitled "Survey of Property of George S. Dawley Estate, Princess Anne Borough, Virginia Beach, Va.", dated December 22, 1976 and made by Gallup Surveying, Ltd., duly of record in the Clerk's Office Circuit Court of the City of Virginia Beach, Virginia, in Map Book 126, at Page 35-A, reference to which plat is hereby made. SAVE AND EXCEPT that property conveyed to Lankford D. Malbone and Jeanette W. Malbone recorded in Deed Book 954, at Page 470. GPIN: 2403-21-0241 CONDREZN/WSTNKPRP/PROFFER5 10 Map K-17 Ka R. Rateman AG-I AG- AG-I AG-I o Opin 2401-95-0092 ZONING HISTORY Conditional Use Permit (24 single family dwellings)- Granted 12/8/92 CITY OF VIRGINIA.BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Kathryn B. Bateman, Conditional Use Permit MEETING DATE May 14, 2002 Background' An Ordinance upon Application of Kathryn B. Bateman for a Conditional Use Permit for a recreational facility of an outdoor nature on certain property located on the east side of Princess Anne Road, north Of Vaughan Road (GPIN #2401-95-0092). Said parcel is located at 1324 Princess Anne Road and contains 3 acres. DISTRICT 7 - PRINCESS ANNE. Considerations: The applicant is requesting a conditional use permit to operate a small business offering scheduled parties, by appointment only, to small groups of children, providing opportunities for children to learn about horses, ponies and farm life. The Planning Commission placed this item on the consent agenda because the requested use is compatible with surrounding 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: Activity allowed by this use permit shall be limited to one party per day of no more than ten (10) children. The applicant shall meet with the Health Department to determine if any revisions or upgrades to water well or septic system will be required prior to obtaining a business license. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~L. ~ City Manage~.~:~,~ ~ ~ ~ KATHRYN B BATEMAN / # 14 April 10, 2002 General Information: REQUEST: ADDRESS: GPIN: ELECTION DISTRICT: SITE SIZE: Conditional Use Permit for an Outdoor Recreational Facility (Pony Parties) 1324 Princess Anne Road B. Bateman 2401-95-0092 7- PRINCESS ANNE 3.00 Acres Planning Commission Agenda April 10, 2002 KATHRYN B. BATEMAN /# 14 Page 1 STAFF PLANNER: PURPOSE: Barbara Duke The applicant desires to operate a small business offering scheduled parties, by appointment only, to small groups of children, providing opportunities for children to learn about horses, ponies and farm life. Major Issues: · Degree to which this proposal is compatible with surrounding uses Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning There is an existing single family dwelling on the site, with two small buildings and a small fenced pasture area in the rear of the dwelling. Surroundinq Land Use and Zoninq North: South: East: West: · Cultivated farm field / AG-2 Agricultural District · Single Family Home / AG-2 Agricultural District · Cultivated farm field / AG-1 Agricultural District · Single family homes and cultivated fields / AG-1 and AG-2 Agricultural Districts Planning Commission Agenda April 10, 2002 KATHRYN B. BATEMAN / # 14 Page 2 Zoninq History The only zoning action that has occurred in this area over the past twenty years is a conditional use permit request for the development of 24 single family homes to the south of the subject site, along Vaughan Road. Air Installation Compatible Use Zone (AICUZ) The site is not in an AICUZ area surrounding NAS Oceana. Natural Resource and Physical Characteristics There are no significant natural resource features on this site. Public Facilities and Services Water and Sewer This site is currently served by private well and a septic system. are not available in this area of the city. Transportation City water and sewer Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Princess Anne Road in the vicinity of this application is a two lane minor arterial roadway. There are no improvements planned for this portion of Princess Anne Road in the Capital Improvement Program. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use ~- 10 Princess Anne Road 7,662 ADT 13,600 ADT 1 Averaae Daily Trin~ I Proposed Land Use 3_ 10 2 as defined by single family home 3 as defined by single family home Planning Commission Agenda April 10, 2002 KATHRYN B. BATEMAN / Cf 14 Page 3 Public Safety Police: Fire and Rescue: Adequate - no further comments. Adequate - no further comments. Comprehensive Plan The Comprehensive Plan identifies this area as primarily agricultural in nature and notes that proposed uses should be compatible with farm operations. Summary of Proposal Proposal The applicant currently cares for four horses and is proposing to operate a small business involving the animals. The business consists of conducting small "pony parties" for children in groups of ten or less. Customers will be required to schedule parties in advance and no more than one party a day will be held. Party times will be from 10:00 am to 12:00 pm or from 3:00 pm to 5:00 pm between April 1 and October 30th of the year. Adult supervision will be provided at all times. No employees other than the proprietor and one family member are proposed. No changes are planned for the existing buildings. A picnic table will be purchased and possibly some playground equipment for the rear yard. The area to be used for the parties is already fenced, and the children will be required to stay within the boundaries. No signage, other than a small farm identification sign, is proposed. Planning Commission Agenda April 10, 2002 KATHRYN B. BATEMAN /# 14 Page 4 Site Desiqn There is an existing single-family home on the site that is set back 108 feet from Princess Anne Road. There is a garage barn and a frame shed located in back of the residence. There is a fenced area in back of the garage barn, and this will be where the pony parties will be held. Vehicular and Pedestrian Access · There is sufficient space on the north side of the existing gravel driveway for vehicles to park without blocking the driveway. ,LandscaPe and Open Space Desiqn · No additional landscaping is proposed with this application. Evaluation of Request The request for a conditional use permit for an outdoor recreational facility to conduct "pony parties" is compatible with surrounding uses and is acceptable. It will provide children with an opportunity to experience and appreciate the rural environment as well as the natural beauty and grace of horses and ponies. The parties will be held by advance appointment only and will be limited to one party per day, therefore, there should be no noticeable impact on traffic in the area from this use. Sufficient area for onsite parking for partygoers is provided. It is recommended that this request be approved subject to the conditions listed below. Conditions Activity allowed by this use permit shall be limited to one party per day of no more than ten (10) children. The applicant shall meet with the Health Department to determine if any revisions or upgrades to water well or septic system will be required prior to obtaining a business license. Planning Commission Agenda April 10, 2002 KATHRYN B. BATEMAN / # 14 Page 5 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 April 10, 2002 KATHRYN B. BATEMAN / # 14 Page 6 Planning Commission Agenda April 10, 2002 KATHRYN B. BATEMAN / # 14 Page 7 Item #14 Kathryn B. Bateman Conditional Use Permit for a recreational facility of an outdoor nature 1324 Princess Anne Road District 7 Princess Anne April 10, 2002 CONSENT AGENDA Dorothy Wood: Number 14 is Kathryn B. Bateman. It's a Conditional Use Permit for a recreational facility of an outdoor nature on certain property located on east side of Princess Anne Road, north of Vaughan Road in the Princess Anne District. Mr. Bourdon. Eddie Bourdon: Eddie Bourdon representing the applicant. It's acceptable as conditioned. Dorothy Wood: Thank you: Eddie Bourdon: Thank you. Dorothy Wood: Is there any objection to Item #14 for a Conditional Use Permit at 1324 Princess Anne Road? Hearing none. Mr. Ripley, I would like to move to approve the 14 items on the consent ag6nda. Number 1, 7, and 8 with six conditions; number 10 with four conditions, number 14; number 16 with four conditions; number 17 with eleven conditions; number 18 with four conditions; number 19 with eight conditions; number 21 with nine conditions and then number 22-25. Ronald Ripley: Before we accept the motion, I think there is two conditions on Item #14 also. Dorothy Wood: I'm sorry. Yes sir. Ronald Ripley: So that is the motion by Dot. Do we have a second? Charles Salle': Second. Ronald Ripley: Seconded by Charlie Salle'. Discussion? Ronald Ripley: Anybody else? Motion been made. Seconded. AYE 11 NAY 0 ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORLSEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE We are ready to vote. ABSENT 0 Ronald Ripley: By a vote of 11-0, motion passes. 3-1q-'LltJ/t. 1101~1 PAGE 4 OF 4 CONDITIONAL USE ..PE IT CITY-OF VIRGINIA BEACH ; · Applicant's Name: List All Current Property Owners: DISCLOSURE STATEMENT Kath.ryn B. Bateman Kathryn B. Bateman PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) 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 ownec is NOT a corporation, partnersi:ip, fil m, or other unincorporated organization. If the applicant is not the current owner of the properO; 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 hbrein is true and accurate. c/ Signature Kathryn B. Bateman Pr/nt Name Rev. 9/15/98 ,~o ~o-~ :o sc~.Dominion Christian Center Crpin 1475-65-2426 ZONING HISTORY Change of Zoning (R-5 Residential District to B-2 Community Business District) - Granted 10-8-84 Conditional Use Permit (motor vehicle repair) - Granted 7-11-83 Conditional Use Permit (motor vehicle repair)- Granted 6-15-81 Change of Zoning (R-8 Residential District to PD-H2) - Withdrawn 7-9-84 Change of Zoning (R-5 Residential District to R-6 Residential District) - Granted 7-9-84 CITY OF VIRGINIA_BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Dominion Christian Center, Conditional Use Permit MEETING DATE May 14, 2002 Background: An Ordinance upon Application of Dominion Christian Center for a Conditional Use Permit for a church on the north side of Lynnhaven Parkway, east of Round Hill Road (GPIN #1475-65- 2426). Said parcel is located at 2159 Lynnhaven Parkway and contains 1.68 acres. DISTRICT I - CENTERVILLE. Considerations: The applicant is requesting a conditional use permit to utilize 10,000 square feet of an existing vacant building to operate a church with administrative offices and counseling services as well as a radio and television studio with production facilities. The Planning Commission placed this item on the consent agenda because the request is in keeping with the intent of the Comprehensive Plan, 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: Foundation landscaping shall be installed in planters along at least fifty (50) percent of the frontage of the building that faces Lynnhaven Parkway. The existing chain link fence on the site shall be removed prior to occupancy. The parking lot shall be reTstriped to clearly delineate all parking spaces. A Certificate of Occupancy as a place of assembly shall be obtained from the Building Official prior to occupancy. All fire detection and life safety requirements shall be installed prior to occupancy. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Ci~ Manager:~ [~._.~~./_Submitting Department/Ag.~ncy: Planning Department ~t~, ~ DOMINION CHRISTIAN CENTER/# 16 April 10, 2002 General Information: REQUEST: ADDRESS: Conditional Use Permit to operate a church within an existing, vacant building 2159 Lynnhaven Parkway Map E-10 ~ ~o, ~o sc~ Dominion Christian Center GPIN: ELECTION DISTRICT: SITE SIZE: 1475-65-2426 #1 - CENTERVILLE 1.68 acres Gpin 1475-65-2426 Planning Commission Agenda April 10, 2002 DOMINION CHRISTIAN CENTER / # 16 Page I STAFF PLANNER: PURPOSE: Carolyn A.K. Smith The applicant is proposing to utilize 10,000 square feet of an existing, vacant building to operate a church with administrative offices and counseling services as well as a radio and television studio with production facilities. Major Issues: · Degree to which the proposal is compatible to the surrounding area. Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoning The 1.68 acre site has a 15,200 square foot building with two existing businesses in it - a dance studio and a pet clinic. Ten thousand square feet of the building are currently vacant. The site is zoned B-2 Community Business District. Surroundinq Land Use and Zoning North: South: East: West: · Single family dwellings / R-10 Residential District · Single family dwellings, Parks & Recreation maintenance yard / R-10 Residential District · Single family dwellings / R-10 Residential District · Single family dwellings / R-10 Residential District Planning Commission Agenda April 10, 2002 DOMINION CHRISTIAN CENTER/# 16 Page 2 Zoninq History The site was granted a Change of Zoning from R-5 Residential District to B-2 Community Business District in October 1984. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana. Natural Resource and Ph sical Characteristics The site is totally impervious as it is already developed with pavement and building. Public Facilities and Services .Water and Sewer Water: Sewer: There is a sixteen (16) inch water main in Lynnhaven Parkway fronting the property. This site has an existing one (1) inch water meter connection that may be utilized. There is a ten (10) inch sanitary sewer main in Lynnhaven Parkway fronting the property. This site is connected to City water. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Lynnhaven Parkway in this vicinity is a four-lane divided roadway. The MTP shows this roadway as a 100 foot wide right-of-way with a bikeway. There are no current CIP projects for this portion of Lynnhaven Parkway. Traffic Calculations: Street Name Lynnhaven Parkway Average Daily Trips as defined by 10,000 square feet of retail 3as defined by church use of 10,000 square feet Generated Traffic Existing Land Use z_ 429 Proposed Land Use 3_ 90 weekday 360 weekend Planning Commission Agenda April 10, 2002 DOMINION CHRISTIAN CENTER / # 16 Page 3 Public Safety Police: Fire and Rescue: Adequate - no further comments. A Certificate of Occupancy must be obtained from the Building Official's office prior to occupancy as a place of assembly. All fire detection and life safety requirements must be installed prior to occupancy. The building, as currently constructed, may not provide adequate mean of egress for a place of assembly. The use of this portion of the building may require tenant separation for mixed uses. Comprehensive Plan The Comprehensive Plan identifies this site for retail, service, office and any other uses that are compatible with commercial centers serving surrounding neighborhoods and communities. In addition, page 52 of the Plan recommends '~Nhere desired by the community, support proposals for new or re-adaptive development carefully integrate residential, commercial, employment and other acceptable uses for the purpose of achieving a complementary, well-organized, efficient and attractive arrangement of land uses." Summary of Proposal proposal The applicant is proposing to utilize 10,000 square feet of an existing, vacant building to operate a 75-seat sanctuary, a radio and television studio and production facility, and administrative offices. Site Desi.qn The existing building is approximately 15,200 square feet. The applicant will occupy the westernmost, large unit. The unit has been allotted by the property owner 50 parking spaces during business hours (Monday through Friday) and 82 spaces after business hours and on Saturdays and Sundays. The site plan indicates there are 81 parking spaces and 2 loading spaces on Planning Commission Agenda April 10, 2002 DOMINION CHRISTIAN CENTER / # 16 Page 4 the site. There are two ingress/egress points off of Lynnhaven Parkway. There is a fenced in area on the western portion of the building. Staff has recommended a condition that requires the removal of the existing unsightly chain link fence that enclosed a former outdoor garden center. An existing stormwater management facility is located along the eastern property line. Vehicular and Pedestrian Access Interior vehicular circulation appears to be adequate. There are two (2) ingress/egress points off of Lynnhaven Parkway. There is an existing four (4) foot wide pedestrian sidewalk fronting the property along Lynnhaven Parkway. Architectural Desiqn · The existing flat roof building is primarily beige in color with a mauve exterior finishing insulation system (EIFS) accent stripe along the canopy that extends beyond the building, covering the entrance into the proposed church. The base of the foundation is constructed of beige split face block and transitions into beige EIFS. Beige columns, also constructed of block support the veranda. Landscape and Open Space Desiqn · There is no interior parking lot landscaping or foundation landscaping in front of the building. · Staff has recommended a condition that foundation landscaping in planters be installed in front of the proposed church facility. Planning Commission Agenda April 10, 2002 DOMINION CHRISTIAN CENTER / # 16 Page 5 Evaluation of Request The proposal for a church is acceptable at this location. The request is in keeping with the intent of the Comprehensive Plan, provided that adequate parking is available. Parking does not appear to be an issue on this site. It is staff's opinion that this church along with the proposed radio and television production facilities is compatible with the existing commercial uses on the property. The conditional use permit is recommended for approval, subject to the following conditions. Conditions 1. Foundation landscaping shall be installed in planters along at least fifty (50) percent of the frontage of the building that faces Lynnhaven Parkway. 2. The existing chain link fence on the site shall be removed prior to occupancy. 3. The parking lot shall be re-striped to clearly delineate all parking spaces. 4. A Certificate of OccuPancy as a place of assembly shall be obtained from the Building Official prior to occupancy. All fire detection and life safety requirements shall be installed prior to occupancy. 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 April 10, 2002 DOMINION CHRISTIAN CENTER / # 16 Page 6 i ~0~3~ 33S · Ill. I , I Existing Site Layout Planning Commission Agenda April 10, 2002 DOMINION CHRISTIAN CENTER / # 16 Page 7 Planning Commission Agenda April 10, 2002 DOMINION CHRISTIAN CENTER / # 16 ~-~ Page 8 Item #16 Dominion Christian Center Conditional Use Permit for a Church on the north side Of Lynnhaven Parkway, east of Round Hill Road 2159 Lynnhaven Parkway District 1 Centerville April 10, 2002 CONSENT AGENDA Dorothy Wood: Item #16 is Dominion Christian Center. Rev. shuttlesworth: No, I'm representing the center. Are you objecting sir? Dorothy Wood: Okay, I'm sorry. Dominion Christian Center. It's a Conditional Use Permit for a church on the north side of Lynnhaven Parkway, east of Round Hill Road It's at 2159 Lynnhaven Parkway and it's the Centerville District and there are four ' conditions. Reverend Shuttlesworth: Yes, the conditions are acceptable to me but of course I am leasing the facility so I was looking for a definition of term on the foundation landscaping. And Caroline Smith approached me and told me that could be faxed over. have no problem with it so I accept these terms myself. John Baum: What is his name? Dorothy Wood: What is your name? Reverend Shuttlesworth: Reverend Shuttlesworth. Terry Shuttlesworth. Dorothy Wood: Thank you. Is there any objection to the Dominion Christian Center at 2159 Lynnhaven Parkway? Thank you. Reverend Shuttlesworth: Thank you. Dorothy Wood: Mr. Ripley, I would like to move to approve the 14 items on the consent agenda. Number 1, 7, and 8 with six conditions; number 10 with four conditions, number 14; number 16 with four conditions; number 17 with eleven conditions; number 18 with four conditions; number 19 with eight conditions; number 21 with nine conditions and then number 22-25. Ronald Ripley: So that is the motion by Dot. Do we have a second? Charles Salle': Second. Item #16 Dominion Christian Center Page 2 Ronald Ripley: Seconded by Charlie Salle'. made. Seconded. We are ready to vote. Discussion? Anybody else? Motion been AYE 11 NAY 0 ABS 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: By a vote of 11-0, motion passes. ,Hcant's Name:_. All Current )erty Owners: --: '"" APPLICATION -... 'PAGE4.0F 4 :".-CONDITIONAL: USE PE IT -- DISCLOSURE STATEMENT PROPERTY OWNER DISCLOSURE property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) .;~". ~'~ ,5'~ -'~ , p/~ '.,.,~_ , : property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list embers or partners in the organization below: (Attach list if necessary) :heck here if the property owner is NOT a corporation, partnership, firm, or other unincorporated rganization. ~ applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all )ers or partners in the organization below: (Attach list if necessary) aeck here if the is NOT a fir ~ applicant corporation, partnership, . an~P°rated organization. FIFICATION: ,¢erlifythatthe m,:°~.i~~ t[ttda cu~e. x Rev. 9/15/9R Map H-9 2700 International Gpin (Part of) 1496-22-1184 ZONING HISTORY 1. Modification to Land Use Plan Approved 3-10-92 2. Rezoning (R-7.5 Residential District to 0-2 Office District) Approved 2-25-92 3. Conditional Use Permit (church) Approved 11-13-01 Conditional Use Permit (skateboard park) Approved 6-20-77 4. Street Closure Approved 1-22-91 Conditional Use Permit (auto sales) Approved 8-21-90 Conditional Use Permit (tire sales & installation) Approved 9-9-85 Conditional Use Permit (auto sales) Approved 6-23-86 5. Rezoning (PD-H Planned District Housing to PD-H1 Planned District Housing) Approved 1-11-82 Rezoning (PD-H Planned District Housing) Approved 4-13-70 CITY OF VIRGINIA_.BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: 2700 International Parkway Corp., Change of Zoning MEETING DATE May 14, 2002 Background: An Ordinance upon Application of 2700 International Parkway Corporation, a Virginia corporation for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on the south side of Lynnhaven Parkway, 150 feet more or less east of Magic Hollow Boulevard (GPIN #1496-22-1184 - part of). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for residential uses at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 9.46 acres. DISTRICT 7 - PRINCESS ANNE. Considerations: The applicant is requesting a change of zoning to construct a retail shopping center at the front of the parcel and a mini-warehouse facility at the rear of the parcel. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 11-0 to approve this request as proffered. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: recommends apprOval. Submitting De~rtment/Agency: City Manager~j, /~_, Staff recommends approval. Planning Commission Planning ~ ~,~p art m e nt ~,~/~/J~.~ ..~---'- CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: 2700 International Parkway Corp., Conditional Use Permit MEETING DATE May 14, 2002 ° Background: An Ordinance upon Application of 2700 International Parkway Corporation, a Virginia corporation for a Conditional Use Permit for a self-storage facility (mini-warehouses) on the south side of Lynnhaven Parkway, 150 feet more or less east of Magic Hollow Boulevard (GPIN #1496-22-1184 - part of). Said parcel contains 9.46 acres. DISTRICT 7 - PRINCESS ANNE. Considerations: The applicant is requesting a conditional use permit in order to construct mini-warehouses on the rear of this site. 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 and landscaped substantially as shown on the plan entitled, "Preliminary Site Plan for The Promenade at Lynnhaven GPIN # 1496-22-1184 Virginia Beach, Virginia" dated 01/14/02, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The fence behind the retail building shall be a black "Jerrith" fence rather than the black chain link fence shown on the site plan. The buildings shall be constructed as shown on the submitted elevation entitled Proposed Development for The PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any outdoor lighting fixtures on the mini-warehouse portion of the development shall not be erected any higher than 14 feet. Consistent with Section 237 of the City Zoning Ordinance, Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~'~,1J~-~ City Manager: 2700 International Parkway Corp. Page 2 all outdoor lights shall be shielded to direct light and glare onto the'mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 4. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. The storage units shall be used for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. There shall be no business identification signage on the roof of the buildings in the mini- warehouse facility or on the fence installed around the facility. All business identification signage shall comply with Proffer #6. The mini-warehouse facility shall be completely enclosed except for necessary openings for ingress and egress. The gate shall provide for Fire Department access using the Knox or Supra system. The gate shall have a fail safe operation in the event of a power failure. The fencing and gate shown on the site plan behind the retail building 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 buildings or on any other fence enclosing the property. April 10, 2002 General Information: REQUEST: (#2) Change of Zoning from R-7.5 Residential District to B-2 Community Business District (#3) Conditional Use Permit (mini-warehouse facility) ADDRESS: South side of Lynnhaven Parkway, 150 feet east of Magic Hollow Boulevard A4ap H-9 2700 Internatio~ GPIN: ELECTION DISTRICT: Gpin (Part o~) 1496-22-1184 1496-22-1184 (part) 7- PRINCESS ANNE Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page I SITE SIZE: STAFF PLANNER: PURPOSE: 9.46 acres Ashby Moss To construct a retail shopping center at the front of the parcel and a mini-warehouse facility at the rear of the parcel. Major Issues: Presence of Accident Potential Zone 2 and highest noise zone (greater than 75 dB Ldn) surrounding NAS Oceana. Closing of existing median break during the planned Lynnhaven Parkway road improvements. Degree to which site and architectural design meet the Design Standards in Sections 243 to 249 of the City Zoning Ordinance. Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zonin,q The property is currently heavily wooded and is zoned R-7.5 Residential District. Surroundinq Land Use and Zonin,q North: Across Lynnhaven Parkway, single family residential neighborhood / R-7.5 Residential District Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 2 South: East: West: A wooded narrow strip of land runs parallel to Magic Hollow Boulevard / PD-H1 Planned Unit Development · The remaining area of the subject parcel is currently wooded, but the applicant plans to develop this area with eight single family houses / R-7.5 Residential District · (front portion) Single family dwelling on large lot fronting Lynnhaven Parkway/R-7.5 Residential District · (rear portion) Single family residential neighborhood / R-7.5 Residential District · Convenience store and strip shopping center with offices and retail / PDH-1 Planned Unit Development _.Zonina and Land Use Statistics With Existing Zoning: Approximately 33 single family residential dwellings. With Proposed Zoning: Commercial shopping center and mini-warehouse facility designed and constructed in accordance with the submitted proffers. (Proffers are listed below) Zonin,q History A similar rezoning and conditional use permit request was presented to Planning Commission June 9, 1999. The request was for a change of zoning for the entire parcel to B-2 Community Business District and a conditional use permit for mini- warehouses and a car wash. These applications were deferred at the Planning Commission hearing at the applicant's request, but were never brought back before the Commission. The property ~"'" across Lynnhaven Parkway where the Moose Lodge is currently located was rezoned Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 3 from R-7.5 Residential District to O-2 Office District in 1992. The office/retail building west of the subject site was approved with a Modification to the Land' Use Plan for the Magic Hollow planned community. The Magic Hollow community was originally approved for PDH Planned Unit Development zoning in 1970. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of greater than 75dB Ldn and Accident Potential Zone 2 surrounding NAS Oceana. The AICUZ Officer at NAS Oceana has reviewed the development proposal and has no objections to this request. Natural Resource and Physical Characteristic.~ The property is currently heavily wooded. While the property is located within the Chesapeake Bay Watershed, there is no Resource Protection Area on the site. Public Facilities and Services Water and Sewer Water: Sewer: There is a 16-inch water main in Lynnhaven Parkway fronting the property. This site must connect to City water. There is a 12-inch sanitary sewer force main in Lynnhaven Parkway fronting the property and an existing sewer manhole near the southeast end of the property. This site must connect to City sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Lynnhaven Parkway in the vicinity of this application is currently a four lane divided roadway. The MTP designates this section of Lynnhaven Parkway as a 120 foot wide divided right-of-way. There is currently a Virginia Department of Transportation (VD©T) road project programmed in the CIP (Lynnhaven Pkwy. Phase IX, CIP Project #2-157) to improve Lynnhaven Parkway to a six lane divided roadway from Holland Road to the existing six lane section at Lishelle Place. The project is Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION /# 2 & # 3 Page 4 City of Virginia Beach, Virginia Fiscal Years 2001-02 through 2001~07 C,~ni!*a! in* >rovernent Pre Project a and Title: 2-167 Lynnhaven Parkway - Phase IX (VDOT) CIP Section: Roadw~'$ OuslnessAma: Ouallr.~ Ph~'slcal Environment Prlorlt)': Total Total Budget Una ~rc~rlatecl Sut~ uent Y ears Future Progran~mecl Appro~latlons Year I Year2 Year 3 Year4 Year5 Year6 FUnding Funds To Date FY2001-02 FY2002-O) FY 20D3-04 FY ~004~$ I:Y 2~00S-06 FY2006-07 ~equlre~nent 2.346.000 i 4eO,C~0 $ ~.,0,00C 220,000 190,:)D2 0 ~OT ~ U000-134-132. This pn:)ject is for oon~truction d $ six-lane divided I'ic~'teay from Holland Road to the axis'ling six-lane aecticn et Lithelle Place. a di~tanm of 1.37 miles. This highway sligrment '~11 displace thirty-one ($1) homes which will remove the exisling ddveway conflicts and I::rovide greater c~:x:ttunity for aeslhelic enhancements. The existing highway has a capadt¥ of 30,600 vehicles per day. In lggE. it I-ed a volume of 44, ;00 veHclee per day a nd Ihs year 2020 fcrecaated ~lume is 58.000 vehicles perday. Will-cut this project, the Iraflic volume ~aill beo:rne increa~inc~y more congested due to the increased developmentin ecxJth Virgins Beech and the use of this mute bo a~cem Lyrmhaven Mall, Ooaana lndusffial Park end 1-264. Thi~ p~oject first appeared in the FY lg02-03 CIP at an ea~mated cost of $7.202,E2S. Schedules end ~ts are updal~d annually based ~n the Vi~jinia Trampcxtalion Development Plan. Cc~t estimates have been in crest, ed by VDOT tn reflect current ocnstnJction and acquisition coats. In January. 1098, City Council electecl bo d-iff lie alignment westin order to remove driveway o=nflicts and lo provide more ~(unity for aesthe~ca. City Coundl appro,~:l the Location a nd Design Resdution, an ordinance bo authorize advance ' ' ' aequlation of t~o homes on Kimbleton Court and a n ordinano9 to establish lye Lynnhaven Parkway as an Unden:Jn~und Utility Conidcr on May 23. 2000. Aaelhet~c Ireatments ~ill include a meandering bikepath, ben'ns and enhanced landscape plan§ngs. Basis for Es0rnate Imf 2001 02 FY 2002-03 Iff 200.I 04 FY 2004-05 FY 2005 06 Maintenanoe 0 0 0 0 0 . ~y rom - To Amount Site Acquifition 12/00-0.1;03 5.892.400 Private Utility Adjuslments Street Lights 01.~05-10/05 300.000 Landscaping 0~05-10/C,5 200.003 !o~! No,~o~ar..~-~ C~ ~.0~,...~ ~~~=_,C:?. ~-~ ,~ ]~g~, ~Charler Bonds 201.520 ~*~ r~oad Bond Aulhorib/ lnn r~'n L3'~rter Bonde 83.249 .z~o.~ ~.Ch~r~r ~Me ~00 :co ~ CI-erter Bor,:ls 220'~0 Future Fu nding Requiremenls 38 Road.'ay-s Planning Commission Agenda ;~..~ ~_~, April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 5 currently in the site acquisition stage, and construction is scheduled to begin October 2003. The site's access point is aligned with an existing median break on Lynnhaven Parkway that serves Gossman Drive. The planned improvements to this section of Lynnhaven Parkway close this median break as well as the Gossman Drive access. Public Works Engineering notes that they will not support a request to maintain the median break at this location. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z_ 315 ADT 40,800 Lynnhaven Parkway ADT ~ Level of 31,700 ADT ~ Proposed Land Use a_ 1,240 ADT (Retail portion) Service F 260 ADT (Self storage portion) 1,500 ADT Total Average Daily Trips as defined by 33 single family dwellings aas defined by 30,400 sq. ft. retail building and 107,720 sq. ft. self storage Public Safety Police: A lighting plan is requested to further assess safety issues. (The applicant has proffered that a photometric plan for the parking area will be submitted with the site plan during site plan review.) Fire and Rescue: · Fire hydrant(s) must be provided in the vicinity of the storage units. · No generators are permitted. · Units may only be used for storage of non-hazardous goods. Units may not be used for offices, band rehearsals, residential dwellings, or any purpose other than the storage of goods. · The gate shall provide for Fire Department access using the Knox or Supra system. The gate shall have a fail safe operation in the event of a power failure. · Fire Marshall's office will evaluate the site to determine fire lane requirements. Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 6 Owner/Occupants of retail/office space mus.t contact the Fire Marshall's office if storing or handling flammable, combustible, or hazardous materials. Comprehensive Plan The Comprehensive Plan Map recommends this area for Iow density residential uses at or below 3.5 dwelling units per acre. However, this map designation preceded the new AICUZ designations resulting from the addition of the Hornets to Oceana. This property is now within Accident Potential Zone 2 and the greater than 75dB Ldn AICUZ zone. Therefore, while zoned for residential development, it is not suitable for residential development. The Comprehensive Plan states "The AICUZ Program provides necessary protection to potential development in the community from jet noise and crash potential, and is an important factor in enabling the military to remain here in force and contribute to our local economy." (Page 14) Summary of Proposal Proposal · The applicant proposes to construct a retail shopping center and mini-warehouse facility on 9.46 acres of the existing wooded parcel. The remaining 2.08 acres, which are not a part of the rezoning request, will be developed with eight single- family dwellings under the current R-7.5 Residential zoning district. Site Design · The site plan shows the proposed retail/office buildings and their associated parking at the front of the site and the mini-warehouse buildings at the rear. · The office/retail space is divided into two rectangular buildings: one is 20,800 square feet, and the other is 9,600 square feet. Both face Lynnhaven Parkway. Five mini-warehouse buildings are located behind the larger of the two retail buildings. Four of the storage buildings are arranged perpendicular to the retail building and the remaining building runs parallel at the rear of the site. The total area of all five buildings equals 106,520 square feet. Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 7 The entire parking area is located in front of the retail buildings. A total of 166 spaces are provided which is just slightly over the number required.'~' The stormwater management facility is located behind the smaller of the two retail buildings. The building is shown as a wet pond with a fountain. Vehicular and Pedestrian Access · The plan shows one access point on Lynnhaven Parkway at the center of the property. The access lane extends straight back between the two retail buildings to the mini-warehouse facility. The access lane is separated from internal parking spaces with landscaped islands. This design provides adequate stacking and minimizes the potential for vehicular conflicts. The plan shows 20 feet of property along the frontage to be dedicated for the planned Lynnhaven Parkway improvements. An additional 12 feet is shown for dedication for a right turn lane "if required." Public Works Traffic Engineering has already verified that a right turn lane will be required at the time the site is developed. The site's access point is aligned with an existing median break on Lynnhaven Parkway that serves Gossman Drive. The planned improvements to this section of Lynnhaven Parkway close this median break as well as the Gossman Drive access. Public Works Engineering has stated that they will not support a request to maintain the median break at this location. The plan shows an eight-foot-wide sidewalk leading from the sidewalk on Lynnhaven Parkway through the landscape island lining the access road to the retail buildings. A six-foot-wide sidewalk extends across the full length of each retail building. Brick paver crosswalks are shown where the pedestrian paths cross the access road. The sidewalk also leads to a brick paved picnic area shown adjacent to the smaller of the retail buildings. The picnic area provides a view of the wet stormwater management facility, which will include a fountain. Architectural Desiqn · The retail buildings are comprised of a split faced masonry base, red brick walls above the base, beige exterior insulated finish system (EIFS) signbands above the Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 8 walls, and a blue standing seam metal roof. Peaked roofs, cupolas, and gables above some of the signbands along with blue fabric canopies provide architectural detail for the buildings. Further interest is provided through variation of storefront sizes and two to four foot building projections and recesses. The sides of the buildings are a continuation of the same materials and design without the glass storefronts. The rear walls of the buildings, however, are all split faced masonry. Blue fabric awnings have been added over the rear doorways to add interest. The two story office for the storage buildings, which will be visible from Lynnhaven Parkway, is designed much the same as the retail buildings. The storage buildings pick up on some of the details of the retail buildings, but exclude much of the brick. The storage buildings are primarily concrete masonry unit (painted beige to match the EIFS). A repeating architectural feature, shown on the elevations as "Storage Detail Feature #1 ," is included to break up the expanse of the walls. The feature includes a split faced masonry base, a beige EIFS face with a peaked pediment that extends above the roofline, and a brick column on either side of the face. The feature projects slightly from the wall providing some depth and is spaced 60 feet apart along the wall. "Storage feature detail #2" is a larger beige EIFS pediment located at the ends of the buildings. A decorative fence is proposed along the frontage of the property within the street frontage landscaping. Sections of the fence are staggered on either side of the street frontage trees to provide variation in the fence line. Designed to mirror the appearance of the retail buildings, the fence is comprised of a roughly three foot base of split faced masonry. The mini-warehouse facility is enclosed with a six foot black chain link fence. This is suitable in areas of Iow visibility. However, the gate and the length of fencing behind the retail building should be upgraded to a more decorative style fence. The proffered rendering depicts a monument style sign comprised of a split face masonry base, a red brick front with black lettering, and a concrete cap. Landscape and Open Space · Interior parking lot and foundation landscaping is shown in accordance with regulations. Street frontage landscape appears to be less than ten feet in width but otherwise meets requirements. The width issue can be addressed during the detailed plan review process. Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 9 In addition, a 15 foot Category IV landscape buffer is shown on.the eastern and southern property lines that abut residentially zoned land. The 15 foot buffer continues along the western property line that abuts a wooded strip of land running parallel to Magic Hollow Boulevard. The buffer is reduced to six feet along the property line shared with the adjacent office/retail building fronting Magic Hollow Boulevard. Since the property is currently wooded, a note has been placed on the plan indicating that existing trees will be preserved within the buffer when possible. Foundation landscaping is also shown at the base of the outward facing walls of the mini-warehouse buildings. Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 When the Property is developed, it shall be developed and .landscaped substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN FOR THE PROMENADE AT LYNNHAVEN GPIN # 1496-22-1184 VIRGINIA BEACH, VIRGINIA" dated 01/14/02, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). This proffer is acceptable with the understanding that changes to the plan may occur if deemed necessary to meet requirements during the site plan review process. The site plan is described in detail in the "Summary of Proposal" section above. The exterior of the commercial center and the self storage facility shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibit entitled "Proposed Development for The PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the Planning Commission Agenda April 10,' 2002~~.~ 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 10 Staff Evaluation: PROFFER # 3 Staff Evaluation: PROFFER # 4 Staff Evaluation: PROFFER # 5 "Elevation Plan"). This proffer is acceptable. The design, colors, and materials incorporate most of the building design guidelines outlined in Section 245 of the City Zoning Ordinance. The exceptions occur at the rear of the retail buildings and on the storage buildings where walls are mostly comprised of block. However, these areas have limited if any visibility from outside the mini-warehouse facility. The decorative wall along the Property's frontage on Lynnhaven Parkway shall have the design, building materials and appearance substantially as shown on the Elevation Plan and shall be located and landscaped as depicted on the Site Plan and Rendering. This proffer is acceptable. The front of the commercial center and a portion of the self storage facility visible from Lynnhaven Parkway as depicted on the Site Plan shall have the architectural design and appearance as shown on the exhibit entitled "RENDERING PROPOSED DEVELOPMENT FOR THE PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VIRGINIA, SIFEN-INCORPORATED-DEVELOPER,,, prepared by COVINGTON HENDRIX ARCHITECTS which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Rendering"). This proffer is somewhat redundant in that the rendering simply reflects what is shown on the site plan and elevations, which are also proffered. While this exhibit is very beneficial to provide an illustrative three-dimensional picture of the site once developed, proffering it is not necessary. Further, the rendering depicts the seven foot fence that is not permitted by the Zoning Ordinance. Vehicular access to the Property shall be limited to one (1) curb cut with right turn lane on Lynnhaven Parkway. Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 11 Staff Evaluation: PROFFER # 6 Staff Evaluation: PROFFER # 7 Staff Evaluation: This proffer is acceptable. When the property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the buildings and having the architectural design and appearance depicted on the Rendering. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. This proffer is acceptable. Although dimensions have not been provided, the monument style sign depicted on the rendering is very attractive and well coordinated with the materials and design of the buildings. The building mounted signage described in the proffer does not reflect the unified color and non-internally illuminated signage depicted on the rendering and elevations. However, .requiring channel letters will provide some coordination among the building mounted signs. A photometric plan (i.e. lighting plan) for the parking area shall be submitted with the Site Plan and the light poles shall not exceed twenty-five (25) feet in height. This proffer is acceptable. Ideally, a lighting plan of the entire site should be submitted with the rezoning request so that the proposal can be evaluated up front. Section 245(f) of the Zoning Ordinance provides guidelines for outdoor lighting, promoting coordination of lighting fixtures, even level of illumination, and pedestrian level lighting along pedestrian walkways. Further, the Police Department requests lighting plans in order to assess safety and crime prevention issues. However, lighting plans are currently not common with development proposals, even at the site plan review stage. As long as the applicant is amenable to suggestions during site plan review, this proffer can help provide a more quality development. (It should be clarified that the phrase "submitted with the Site Plan" references the submittal for site plan review.) Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 12 PROFFER # 8 Staff Evaluation: Further conditions may be required by the~Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. This proffer reaffirms that all provisions of the City Codes will be met and that the rezoning proposal outlined above does not eliminate the applicant's responsibility to follow the adopted rules and regulations. City Attorney's Office: The City Attomey's Office has reviewed the proffer agreement dated January 15, 2002, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The applicant's request for a rezoning from R-7.5 Residential District to B-2 Community Business District and Conditional Use Permit for a mini-warehouse facility is acceptable subject to revisions to Proffer 3 and Proffer 5. Were it not for the AICUZ designations encumbering this property, the existing residential zoning would be perfectly appropriate and compatible with surrounding land uses. However, the presence of the accident potential and highest noise zones inhibit residential development. Capital intensive uses like mini-warehouses are preferred in these AICUZ zones. In terms of building and site design, the proposal adequately meets the 'Retail Design Guidelines listed Sections 243 to 249 of the Zoning Ordinance. The retail buildings include a number of features that provide detail and interest. Although parking has not been distributed around the building, the placement of the retail center at the front of the property will almost fully screen the mini-warehouse facility behind it. The decorative fence/wall, even at a reduced height of four feet, will help screen the parking area from the front. Wide pedestrian paths, the brick picnic area, and the provision of a bike rack encourage non-vehicular shoppers as endorsed in the Guidelines. Buffers to adjacent residential properties meet minimum requirements for width, but have the potential to exceed landscaping requirements if existing mature trees can be preserved in these areas. The placement of the stormwater management pond in the area abutting the existing residential dwellings will also help to increase the perceived Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 13 buffer. Designing this facility as a wet pond with a fountain helps-convert this necessary feature to an aesthetic amenity. The applications are recommended for approval, subject to the conditions listed below. Conditions The site shall be developed and landscaped substantially as shown on the plan entitled, "Preliminary Site Plan for The Promenade at Lynnhaven GPIN # 1496- 22-1184 Virginia Beach, Virginia" dated 01/14/02, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The fence behind the retail building ~hall be a black "Jerrith" fence rather than the black chain link fence shown on the site plan. The buildings shall be constructed as shown on the submitted elevation entitled Proposed Development for The PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any outdoor lighting fixtures on the mini-warehouse portion of the development shall not be erected any higher than 14 feet. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. The storage units shall be used for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. There shall be no business identification signage on the roof of the buildings in the mini-warehouse facility or on the fence installed around the facility. All business identification signage shall comply with Proffer #6. The mini-warehouse facility shall be completely enclosed except for necessary openings for ingress and egress. The gate shall provide for Fire Department Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION ! # 2 & # 3 Page 14 access using the Knox or Supra system. The gate shall have a fail safe operation in the event of a power failure. The fencing and gate shown on the site plan behind the retail building 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 buildings or on any other fence enclosing the property. NOTE.: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this rezoning and conditional use permit may require revision during detailed site plan review to mee 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 April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 15 ! :I Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 16 2700 International (proposed site plan) Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 17 2700 International (proposed elevations) Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 18 STORAGE FEATURE ACCENT EIFS CMU PAINTED TO MATCH EIF$ BRICK - 4" PROJECTION DETAIL SPLIT FACED # ] MASONRY - 8" PROJECTION RETAIL ETAL ROOF IFS ACCENT IFS C CANOPY RICK EFRONT IT FACED MASONRY F'LEVATION DETAIL REAR ELEVATION - EAST RETAIL BUILDING 2700 International (elevations and details) Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 19 Z 0 Id Z 0 Z l- bJ Z bi ~J 0 2700 International (elevations) Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 20 Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 21 Planning Commission Agenda April 10, 2002 2700 INTERNATIONAL PARKWAY CORPORATION / # 2 & # 3 Page 22 Item #2 & 3 2700 International Parkway Corp. Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District and Conditional Use Permit for a self-storage facility (mini-warehouses) South side of Lynnhaven Parkway District 7 Princess Anne April 10, 2002 CONSENT AGENDA Dorothy Wood: The next item is Items 2 & 3. It's 2700 Industrial Parkway. Number two is a Change of Zoning Classification from R-7.5 Residential to Conditional B-2 Community Business. And that is more or less east of Magic Hollow Boulevard on the south side of Lynnhaven Road. The next one is a Conditional Use Permit for a self- storage facility (mini-warehouse). That's on the south side of Lynnhaven Parkway, 150 feet more or less east of Magic Hollow Boulevard. And they are in the Princess Anne District. And it should be noted, that it is our understanding, that the applicant will revise his proffer agreement prior to appearing before City Council to address the staff's concerned about the curb cut on Lynnhaven Parkway and has revised his fence elevation to reflect the necessary reduction to four feet. Mr. Bourdon? Eddie Bourdon: Yes ma'am. Again Eddie Bourdon representing the applicant and that is exactly our intent. I would also ask on the Conditional Use Permit, Condition number 6, I believe, has also been reworded which this body can take care of. It will go to Council to be deferred. We've already made the changes, we just weren't aware of those requests until it was too late to do so. We agree to all of them. Dorothy Wood: Thank you. Is there any objection to this consent? Robert Miller: There is objection. Dorothy Wood: Donald Minier: There is objection? Sir, do you object to the item? Yes sir - yes ma'am. Dorothy Wood: We will move it down to our regular place in the agenda. Thank you. LATER REGULAR AGENDA Ronald Ripley: Okay. We're going to drop now to our regular agenda items to be heard. The first one I believe is Items # 2 & 3 and Bob would you call that please. Item #2 & 3 2700 International Corp. Page 2 Robert Miller: Item 4/2 & 3, which is 2700 International Parkway Corporation. Eddie Bourdon: Thank you Mr. Chairman. Members of the Planning Commission. I will be brief given the fact that this was under the Consent agenda. I believe, although I'm not certain that you all have handouts that came in the packages that showed the elevations of the buildings, the rendering, but if not, I will pass them around. And also, I think the new wall -- I gave that to Ms. Moss earlier. I'll pass these out and we'll take a look at them. What you see up there on the pin point as well. The property involved is a parcel on Lynnhaven Parkway that is zoned R-7.5 Residential. It's in the highest noise zone around NAS Oceana. And this applicant is a Virginia Beach native and an award winning developer. Got an award about a half a hour ago. He's proposing a commercial development along Lynnhaven Parkway that meets the guidelines recommended in your Comprehensive Plan for new commercial development. The quality far, far exceeds any other commercial development that is in place along Lynnhaven Parkway in this area. We've met with staff extensively to make all the upgrades that they have requested including upgrades that were discussed earlier this morning when this matter was on the Consent Agenda which we were not made aware of until we received the staff's evaluation. Frankly, it's a beautiful project. One that in terms of its architectural and its design it's like what we see in the Hilltop section of the City and some of the higher end sections. Behind that, we got a self-storage facility. Again, Mr. Sifen has got a great deal of experience in that area and has operated self-storage for years throughout the state. And that facility again, meets all the requirements that staff has placed upon us. Behind that there is a small section that will be developed as it is currently zoned adjacent to the last cul-de-sac in the back, which is not what we're here to talk about today. The signage on the building again is block letter. Very attractive and were not using your block signs with all the colors. The signage itself, the individual letters may have corporate colors but otherwise, what you see is what you get there. We're putting up a very nice wall out along Lynnhaven Parkway. We're also providing additional right-a-way that Lynnhaven Parkway requires so, with that I don't think you can even conceive a better development on this piece of property in terms of frontage on Lynnhaven Parkway. Its situation being in the highest noise zone around NAS Oceana and it's adjacent to commercial on the west side. I'll be happy to answer any questions. I don't want to go over something that you are all fairly familiar with in too much detail and would like to have an opportunity to respond to the gentlemen who will speak in opposition. Ronald Ripley: Anybody have any questions of Mr. Bourdon at this point? Is there anybody else that wishes to speak in support of the application? Is there anybody that wishes to speak in opposition to the application? Robert Miller: We have a Mr. Miner? Ronald Ripley: Mr. Miner's here? Donald Minier: Hi, I'm Don Minier and I live at 3109 Bracken Court. My property backs onto this area. I'm concerned with the mini mall, whatever you want to call it, strip Item #2 & 3 2?00 International Corp. Page 3 Looking at the majority that I've seen, behind them are mall that's going to put in there. trashy, where they have their services and entrances and all this. I'm also concerned about the storm drain system. In Salisbury, I know they've worked on them a couple of times on storm drain systems. They've been into it. Is this going to overload it? I'm concerned about the standing water from this pond as far as mosquitoes go. And I have to look at the back of this thing, which is going to be (inaudible). If the property is going to be well maintained that is one thing. A lot of these aren't. And I am going to have to look at it all the time. Ronald Ripley: Can you point out where you're on this please? Donald Minier: Right there. Ronald Ripley: Did anybody have any questions? John Baum: Just a comment. I wasn't aware that any of these BMP's were mosquito problems. I hadn't heard that. Donald Minier: Well, if there's standing water, that's a mosquito breeding area. John Baum: Well, I haven't heard of any history. Donald Minier: Ronald Ripley: Donald Minier: We have them sprayed through there all summer long. Which way is the water flowing through that ditch? Does it go... Through the ditch on the other side of the road? Ronald Ripley: Ah huh. Donald Minier: Ronald Ripley: There's a canal and I believe it's flowing to the east. Flowing to the east? Donald Minier: Yeah. Ronald Ripley: Any other questions? Thank you very much. Donald Minier: Thank you very much. Ronald Ripley: Anybody else in opposition who wishes to speak? Mr. Bourdon? Eddie Bourdon: The gentlemen who spoke, if I understood what he was pointing to, he actually will be backing up to one of the homes that will be built in the cul-de-sac extension but we've got a fifteen foot category four landscape buffer along the adjoining property lines where we will be maintaining existing trees to the greatest extent possible Item #2 & 3 2700 International Corp. Page 4 and supplementing that with additional planting so you will have a buffer there. We've got a wet BMP with a fountain that'll actually be an amenity on the site. You'll notice that here we've got pedestrian access ways and we've got an area here where we'll have - it's got brick pavers here and tables where people will hopefully sit and have an ice cream, whatever, that's sold in the shops here. This is intended to be an amenity, a focal point with a fountain. We think that with the landscaping with this moving water that will be located here we will not be creating anything other than a pleasant environment for our patrons. The buildings - the self-storage buildings themselves are only about twelve feet in height. We put some architectural elements on there that you see and the proper elevations to give it some relief, so to speak, and again there is no fencing back here. The building itself, except for right here where there's a little fence. The building itself is-the boundary. So in essence, this area here is green space that will be backing onto the lots there that will not be essentially used for the operation. We've also added articulation to the back of the buildings and those are shown in the elevation with the canopies. The applicant is clearly doing a first rate job and clearly a step up in the caliber and quality of the development that exists in this area and will certainly maintain it in a fashion that is comprable to the quality of the development. Ronald Ripley: Any questions? Yes, Betsy? Betsy Atkinson: Eddie, will there be any impact of lighting over flowing back to this gentleman's property? Eddie Bourdon: No. In fact, one of the conditions on the self-storage, Ms. Atkinson, is that the lighting - it's internal to the self-storage and it not be, I believe, it's more than thirteen feet. It can't be taller than the building so there should not be any impact on lighting there as far to the back of the retail. I mean there is a considerable distance there in between, in which you got existing trees and additional flow over landscaping that will be added. Ronald Ripley: Eddie is the back of the building that's adjacent to the BMP, is that part of your fencing. Basically, is that the... Eddie Bourdon: This building Mr. Chairman? Ronald Ripley: Yes. Eddie Bourdon: Yeah. Exactly. There is no fencing at all here. The building is the barrier. Ronald Ripley: Okay. Eddie Bourdon: There is landscaping along the foundation of the building and there's landscaping here as well. Item #2 & 3 2700 International Corp. Page 5 Ronald Ripley: So you will tie security fences between the building on the back and right in there? Eddie Bourdon: There will be fencing right here, over here. Again, there's a strip of land between these buildings and Magic Hollow Boulevard of course. That is not our property - it's like for lack of a better characterization - spite strip. And that's laid along here. There will be a fence here and there will be fencing along here as well as fencing up the back which is what you create this morning that this will be the "Jerrith" style architectural fence like the wrought iron type fence. The fencing here in these small areas of fencing will be black chain link fencing. RonaldRipley: The landscaping that will be between the resident that just spoke and the property, will that be grass also or will it be natural or what? I realize you're going to augment it with some additional landscaping. Can you describe that to us? Eddie Bourdon: Actually Mr. Chairman, I don't think we made any determinations there as to whether we would turn it into grass or leave it natural. And I don't think there's a set-in-stone answer there. If there's a preference one way or another, I don't think it really matters to us. My belief is they intend to cut it, grass it and have it manicured landscape but if it would be preferable to keep it natural, I don't think that creates any problem for us at all. In this area here, which is adjacent to where the gentleman who spoke lives, would be up in this area. Ronald Ripley: Do you intend to keep any kind of storage at all or anything in that area other than just the landscaping area? Eddie Bourdon: No. They'll be no utilization of this area or these areas. Again, this will be maintained because it is really a focal point for what we want to try and create here in terms of pedestrian outdoor plaza. But this area back in the back will not be used for anything. Ronald Ripley: Mr. Miller, do you have a question? Robert Miller: Yes. Eddie, you didn't mention and I don't see it in here unless I missed it. Is the mini-storage open 24 hours a day or is that controlled, and I apologize. Eddie Bourdon: That's a question that I don't know the answer to off the top of my head. Robert Miller: It's not real important. I just was... Eddie Bourdon: I don't believe it's open 24 hours a day but I need to check with my client if you want me to. If you could give me a second? Michael Sifen: The gate opens at 7 in the moming and closes, I think, like at 9 at night. The office is open from like 9 in the morning until 6 in the evening. Item #2 & 3 2700 International Corp. Page 6 Eddie Bourdon: Ronald Ripley: Joseph Strange: Ronald Ripley: Eddie would... Eddie Bourdon: less than that. Ronald Ripley: Michael Sifen: Ronald Ripley: No. So it's not 24 hours a day. Any other questions? Yes? Seven in the morning until 9 at night. And the office hours are slightly Okay. You okay? Do you want me to repeat it so he can get it? Yeah. What kind of arrangements did they make to maintain the landscaping around there? ' Eddie Bourdon: The applicant will be owner, one and the same, not building it for sale, he will be maintaining the landscaping, which is a significant investment that is being made in the landscaping. In terms - if the question sustains -- will it be going to be irrigated back in the back? You know, that's not anticipated. Out on the front of Lynnhaven Parkway that is, but really the area in the back with the additional plantings will remain in a natural state. Ronald Ripley: Any other questions? Yes? Don? Donald Horsley: Eddie. You got the landscaping but you said there is no fence between the BMP and the lots. Is that right? Eddie Bourdon: That's correct. Donald Horsley: The adjoining lot? Eddie Bourdon: That's correct. Donald Horsley: Any liability there for your BMP? Eddie Bourdon: We're not talking about any water of any depth. It has to have the Wetland Bench and all the standards had to be met that the City requires but I don't think Mrs. Rosenblatt will appreciate it if we put fences around the BMP. Donald Horsley: No. Like I just want to make sure liability is no problem there. Item #2 & 3 2700 International Corp. Page 7 Eddie Bourdon: No. ff the BMP, as you can see, it covers a significant area of the land and that's for the purpose it will not be - not really have any significant depth to it. Donald Horsley: So what you've really creating is a small park for these people who live along there. Eddie Bourdon: That's what we've attempted to do is to provide -- and you see it -~ we've tried to provide as much green space and open space as we could within, of course obviously the financial feasibility of the developments. So that was the intent. Donald Horsley: And you're going to maintain it so there's no problem. Eddie Bourdon: If the owner is building it for his own operation that's what he does. So it is not the situation where someone is speculating of buying something to sell it to somebody else. Mr. Sifen's' a native of Virginia Beach and has a significant investment in a lot of very nice properties within the City and this will certainly will be right up there. Ronald Ripley: Will, did you have a question? William Din: Yeah. I recognize there's a lot of high quality in the design in that. Maybe you can offer some reassurance to the gentleman as to what k/nd, I guess, trash pick up or clean up is going to go on in that area or maybe... Eddie Bourdon: That's a good point Will. I appreciate it. You're absolutely correct. Because there is on site management and they're right there every day, if there are any complaints or any problems, there's somebody directly for them to communicate with because they're there everyday. In an office and that's the office where the self-storage, which will be - that'll be the source if there were a source and again, we don't anticipate that being an issue because again, patrons of the business come through it. It's gated, secure, come into the facility and that's the extent of the utilization is interior. There would be no reason for any patron to utilize or be in any way physically present outside the facility, you know, the back of the areas to the -~ I guess to the east. And you know, there's on site management there every single day. So if there were any problems with waste or trash, whatever, there would be someone for them to able to contact. Knock on the door, open the door, telephone. William Din: Most retails, like what's in front of this area, are also under some kind of contract for. Eddie Bourdon: For landscape management and trash pick, the whole nine yards. And again, because we're unlike - the gentleman's points are not, you know without merit, in terms what the quality and appearance of some of the existing commercial in that area have been, hopefully, this will be a catalyst improvement to some of that but when you invest the type of money that Mr. Sifen's has invested here and he sees this as being a Item #2 & 3 2700 International Corp. Page 8 potential here where there is good opportunity to come here and bring up the market and frankly get a lot of good tenants who may not be satisfied with their existing properties. The hope is that it will be an improvement that will later improve on all other properties but certainly you're not going to invest this kind of money and do this type of upscale project that meets the current design guidelines and then, you know not manage it properly and allow it to fall into disrepair. William Din: Thank you. Ronald Ripley: Any other questions? Okay, any discussion? Motion? Betsy? Betsy Atkinson: I was going to make a motion to approve the application. Dorothy Wood: Second. Ronald Ripley: Motion by Betsy Atkinson and seconded by Dot Wood to approve the application. Commission is ready to vote. AYE 11 NAY 0 ABS 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: Eddie Bourdon: By a vote of 11-0, the application passes. Thank you all very much. Dorothy Wood: Mr. Bourdon. Ronald Ripley: You're welcome. APPLICATION- PAGE 4 OF 4 Applicant's Name: 2700 DISCLOSURE STATEMENT International Parkway Corporation, a Virginia corporation List All Current Property Owners: Same As Applicant PROPERTY OWNER DISCLOSURE ff the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) Mich_._~ael D. Sifen, Pr. esident ~ K. Sifen~/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 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. 2700 International Parkway Cor~poration ^ Michael D. Sifen,~ President Print Name Rev. 9/I.5/98 City o£ Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5540 DATE: May 1, 2002 TO: FROM: Leslie L. Lille~ B. Kay WilsonX3" DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application 2700 International Parkway Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 14, 2002. I have reviewed the subject proffer agreement, dated January 15, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY: r ) ~ 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia c0.rp0ration TO {PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 15th day of January, 2002, by and between 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation, Property Owner, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE. WITNESSETH' WHEREAS, the Grantor is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 11.54 acres, of which a total of 9.46 acres as described in Exhibit "A" attached hereto and incorporated herein by this reference are hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of that portion of the parcel described in Exhibit "A' (the "Property") from R-7.5 Residential District to B-2 Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1496-22-1184 (Part) RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY: All[liN A lIVY. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for var/ous types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN FOR THE PROMENADE AT LYNNHAVEN GPIN # 1496-22-1184 VIRGINIA BEACH, VIRGINIA" dated 01/14/02, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). PREPARED BY: I ~'~'I3L~. I ,\IIFI~N & I.I:.VY. 2. The exterior of the commercial center and the self storage facility shown on the Site Plan shall be substantially similar in appearance to /~nd shall utilize the external building materials as designated on the exhibit entitled "Proposed Development for The PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Architects which has been exhibited to the Virginia Beach City Council and is on fde with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). 3 The decorative wall along the Property's frontage on Lynnhaven Parkway shall have the design, building materials and appearance substantially as shown on the Elevation Plan and shall be located and landscaped as depicted on the Site Plan and Rendering. 4. Vehicular access to the Property shall be via one {1) curb cut with right turn lane on Lynnhaven Parkway. 5. When the property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the buildings and having the architectural design and appearance depicted on the exhibit entitled "RENDERING PROPOSED DEVELOPMENT FOR THE PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VIRGINIA, SIFEN INCORPORATED - DEVELOPER", prepared by Covington Hendrix Architects which has been exhibited to Virginia Beach City Council and is on file with the Virginia Beach Department of Planning {hereinafter referred to as the "Rendering"). All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 6. A photometric plan (i.e. fighting plan) for the parking area shall be submitted for review with the Site Plan and the light poles shall not exceed twenty- five (25) feet in height. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applic'able City Code requirements. All references hereinabove to the R-7.5 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be PREPARED BY: AIIERN & [~Y. P.C appropriate; 4 PREPARED BY: SY[[S, ttOI!RDON, AIt[RN & LI~'. P.C. (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the gm;erning body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. WITNESS the following signature and seal: GRANTOR: 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation Michael D. Sifen, 16resident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before January, 2002, by Michael D. Sifen, President of 2700 Corporation, a Virginia corporation, Grantor. me this 31st. day of International Parkway Notary Public My Commission Expires: August 31, 2002 EXHIBIT "A" Beginning at a point on the south side of Lynnhaven Parkway at west property line of property owned by Roland F.. Edney et ux; thence S 23° 20' 00" E - 832.13' to a point; thence S 36° 21' 54" W - 360.05' to a point; thence N 53° 36' 06" W - 374.14' to a point; thence N 22° 44' 13" W - 556.09' to a point on south side of Lynnhaven Parkway; thence along south side of Lynnhaven Parkway N 51° 24' 35" E - 511.88' to a point, said point of beginning. GPIN: 1496-22-1184 (PART OF) CONDREZN/SIFEN/2700/PROFFER PREPARED BY: AIIEI~N & LEVY. P.C Mad ~C-9 McCombs Bros. Movin & stora Inc. I-2 I-1 ~.G-2 AG-I AG-I Crpin 2405-99-2219 AG-I A-12 ZONING HISTORY 1. Conditional Use Permit (Golf Course) - Approved 5-8-89 2. Rezoning (AG-2 Agriculture District to A-I Apartment District) - Approved 6-17-85 3. Rezoning (AG-I Agricultural District to I-I Light Industrial District)- Approved 1-15-79 CITY OF VIRGINIA.BEACH AGENDA ITEM TO: FROM' ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager McCombs Brothers Moving & Storage, Change of Zoning MEETING DATE: May 14, 2002 Background: An Ordinance upon Application of McCombs Bros. Moving and Storage, Inc., a Virginia corporation for a Chanqe ofZoninq District Classification from AG-1 and AG-2 Agricultural Districts to Conditional I-2 Heavy Industrial District on certain property located on the east side of Harper's Road, 7807 feet north of Dam Neck Road (GPIN #2405-99-2219). The proposed zoning classification change to Conditional I-2 is for heavy industrial land uses. The Comprehensive Plan recommends use of this parcel for a variety of employment uses including business parks, offices, industrial and employment uses in accord~..nce with other Plan policies. Said parcel contains 6.41 acres. DISTRICT 6 - BEACH Considerations: The applicant is requesting a change of zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-2 Heavy Industrial District for the purpose of constructing an office/storage/mini- warehouse development. The Planning Commission placed this item on the consent agenda because the proposed use is compatible with the surrounding uses and NAS Oceana airfield operations, is consistent with the recommendations of the Comprehensive Plan for the general area, 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 as proffered. The applicant is requesting a deferral of this item to May 28 in order to revise the plan as discussed at the Planning Commission hearing in regard to site layout. Since the change of zoning is proffered and the proffers must be changed to reflect the modified site layout, the deferral is in order. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends deferral. Planning Commission recommends approval with conditions. Submitting Department/Agency: Planning CityManager~-"-~,~'~___ ,~)0Y)~ Department~/l<:~~ April 10, 2002 General Information: REQUEST: ADDRESS: To rezone AG-1 and AG-2 Agricultural Districts to Conditional I-2 Heavy Industrial District The east side of Harpers Road, 7,802 feet north of Dam Neck Road McCombs Bros. Mi & GPIN: ELECTION DISTRICT: AG-2 ,/ 2405-99-2219 #6 - BEACH AG-I Crpin 2405-99-2219 Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page I SITE SIZE: STAFF PLANNER: PURPOSE: 6.41 acres Faith Christie To rezone 6.41 acres of AG-1 and AG-2 Agricultural Districts to Conditional I-2 Heavy Industrial District for the purpose of constructing an office / storage / mini-warehouse development Major Issues: Compatibility of the proposed use with the surrounding uses, especially NAS Oceana airfield operations. · Consistency of the proposed use with the recommendations of the Comprehensive Plan. Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoning The property is a cultivated farm field, zoned AG-2 and AG-1 Agricultural Districts. Surroundinq Land Use and Zoninq North: Harpers Road Across Harpers Road, vacant United States Navy Property - previously military housing / I-2 Heavy Industrial District Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 2 South: East: West: · Cultivated farm fields / AG-1 Agricultural. District Woods and scrub vegetation / Wareh~us~ / I-1 Light Industrial District · Cultivated farm fields / Ag-2 and AG-1 Agricultural Districts Zonina and Land Use With Existing Zoning: With Proposed Zoning: Statistics Any of the uses permitted in the AG-1 and AG-2 Agricultural Districts, such as agricultural, aquacultural and horticultural uses, forestry, borrow pits, cemetery, and commercial recreational facilities Office / storage / mini-warehouse development as proffered in the proffer agreement and on the proffered site plan. Zoning History There is little zoning history to report for the site. It has been zoned Agricultural since the adoption of The Princess Anne County Zoning Ordinance in 1954. The site was part of a larger tract of land that was approved to be developed as a golf course in 1989. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of greater than 75dB Ldn and Aircraft Accident Potential Zone (APZ) 1 surrounding NAS Oceana. The United States Navy has reviewed the request and finds that the use is acceptable. Natural Resource and Physical Characteristics The site is a cultivated farm field with no environmentally sensitive features. The site is in the Owls Creek / Southern Watershed Management Area. Public Facilities and Services Water and Sewer Water: City water is not available to the site. The nearest water line is Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 3 Sewer: located to the southeast and would require an extension of the line to this site of approximately 1,300 feet plus additional'upgrading of the existing system. Use of a private well for this site is an alternative allowed by City Code. Health Department approval is required for a private well. City sewer is not available to the site. Use of a septic system for this site is an alternative allowed by the City Code, as no City sewer service is available. Health Department approval is required for septic systems. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Harpers Road in front of this site is a two-lane urban collector street. Harpers Road is designated on the Master Transportation Plan as a 70-foot wide right of way. A 35-foot wide reservation from the centerline of the existing right of way will be required. There are currently no plans in the Capital Improvement Program to upgrade the right of way. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use 2_ 64 ADT Harpers Road 5,984 ADT ~ 6,200 ADT ~ Proposed Land Use 3_ 281 ADT Average Daily Trips 2 as defined by AG-1 and AG-2 Zoning 3 as defined by mini-storage use Public Safety Police: Fire and Rescue: No concerns at this time. A certificate of occupancy must be obtained form the Building Code Official for the appropriate use group and mixed use Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 4 before occupying the building. All fire department concerns will be addressed through the building permit process.-, Comprehensive Plan The Comprehensive Plan Map designates this area as Suburban Employment, an area planned for a variety of employment uses including business parks, offices, appropriately located industrial and employment support uses. Summary of Proposal Proposal · The applicant proposes to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional I-2 Heavy Industrial District, and construct an office / storage / mini- warehouse project on the site. The site is on Harpers Road. To the north of Harpers Road is United States Navy property that was previously occupied by military housing. To the east are woods and scrub vegetation and an office / warehouse. Farther east are multiple-family dwellings and small service establishments. To the south and west are cultivated farm fields. Site Desi,qn · The submitted site plan depicts a 7,360 square foot office, moving, and storage building, and eight (8) mini-warehouse buildings that total 103,450 square feet of building area. There are ten (10) parking spaces on the northern portion of the site, and three (3) loading spaces on the southern portion of the site. Street frontage, interior coverage, and building foundation landscaping are shown on the site plan. A storm water management facility is shown at the rear of the site. There are two entrances to the site from Harpers Road. Harpers Road is listed on the Master Transportation Plan as a 70-foot right-of-way. The Public Works - CIP Division required a 35-foot reservation from the centerline of the existing Harpers Road right-of-way. The proposed landscaping, parking and buildings have been located out of the right-of-way reservation and meet the required setback for the proposed district. Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC./~ 7 Page 5 · The mini-warehouse buildings are shown six (6) feet from the side .property lines. Vehicular and Pedestrian Access · There are two (2) entrances from Harpers Road depicted on the site plan. There are no sidewalks shown internally or along the right-of-way. Architectural Desi,qn · The submitted architectural elevation depicts the buildings being constructed of split face block with metal roofs. The mini-warehouses and office are one-story, and the moving and storage area of the building is thirty feet in height. A decorative block band provides some architectural relief along the building walls. The applicant advises staff that the buildings will be white block with blue block accents and blue roofs. A'decorative vinyl coated picket fence / gate will provide entry into the mini- warehouse area. Landscape and Open Space · Street frontage screeningl interior coverage landscaping, and foundation screening are depicted on the site plan. · A storm water management facility is shown in the rear of the site. The buildings are located a minimum of 35 feet form the 35 foot right-of-way reservation along Harpers Road, providing an open space of 70 feet from the existing Harpers Road pavement. Proffers PROFFER # 1 Staff Evaluation: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan of Harper's Road Mini-Storage Virginia Beach, Virginia", dated January 10, 2002 and revised 3/14/02, prepared by NDI, LLC, Basgier & Associates Division, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). The proffer is acceptable and insures that the site will be Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 6 PROFFER # 2 Staff Evaluation: PROFFER # 3 Staff Evaluation: PROFFER # 4 Staff Evaluation: developed according to the proffered site plan. The external building materials and architectural design elements of the office warehouse buildings and of the storage units shall be as depicted and described on the "PRELIMINARY ELEVATIONS MINI-STORAGE FACILITY FOR MCCOMBS BROS. MOVING & STORAGE, INC., dated 6 Feb. 02, prepared by Verebely & Associates Architects, which plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). The proffer is acceptable and inures that the buildings will be constructed according to the proffered architectural elevations. The freestanding sign sl~all be a brick monument style sign as depicted on the "Site Plan". No neon lighting visible from Harper's Road shall be permitted on the property. The proffer is acceptable. Further conditions may be required by the Grantee during detailed Site Plan and / or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The proffer is acceptable. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated January 15, 2002, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 7 The request for a rezoning from AG-2 and AG-1 Agricultural Districts to Conditional I-2 Heavy Industrial District is acceptable as proffered. The proposed use ~§ compatible with the surrounding uses and NAS Oceana airfield operations. The request is consistent with the Comprehensive Plan recommendations for the general area. The applicant has proffered uses and building design that are typically found in industrial areas. Therefore staff recommends approval of the request for a rezoning from AG-2 and AG-1 Agricultural Districts to Conditional I-1 Heavy Industrial and to construct an office / storage / mini-warehouse development as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 8 McCombs Brothers (proposed site' layout) Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. /# 7 Page 9 Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 10 Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 11 Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 12 Planning Commission Agenda April 10, 2002 MCCOMBS BROS. MOVING & STORAGE, INC. / # 7 Page 13 Item #7 McCombs Bros. Moving & Storage Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional 1-2 Heavy Industrial District East side of Harper's Road District 7 Princess Anne April 10, 2002 CONSENT AGENDA Dorothy Wood: Number seven, McCombs Bros. Moving & Storage. Change of Zoning District Classification from AG-1 and AG-2 to Conditional 1-2 Heavy Industrial. And that is located on the east side of Harper's Road, north of Dam Neck Road in the Princess Anne District. Mr. Bourdon? Eddie Bourdon: Again, Eddie Bourdon representing the applicant and we are in agreement. This item will also be deferred at City Council. The storage buildings inside are being rearranged. The exterior is all identical but that will also be deferred for that minor change. Dorothy Wood: Thank you Mr. Bourdon. Again, this is located on Harper's Road, north of Dam Neck. Is there any objection to this consent item? There being none. Mr. Ripley, I would like to move to approve the 14 items on the consent agenda. Number 1, 7, and 8 with six conditions; number 10 with four conditions, number 14; number 16 with four conditions; number 17 with eleven conditions; number 18 with four conditions; number 19 with eight conditions; number 21 with nine conditions and then number 22- 25. Ronald Ripley: So that is the motion by Dot. Do we have a second? Charles Salle': Second. Ronald Ripley: Seconded by Charlie Salle'. Discussion? Ronald Ripley: Anybody else? Motion been made. Seconded. We are ready to vote. AYE 11 NAY 0 ABS 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: By a vote of 11-0, motion passes. · PLICATION · PAGE 4 OF 4 Applicant's Name: List All Current Property Owners: DISCLOSURE STATEMENT McCombs Bros. Moving and Storage~ Inc., a Virginia corporation Linda T. Chappell, Trustee of the Allison T. Chappell Irrevocable Trust PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ff the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) .Ail±son T. Chappell, Irrevocable Trust, L±nda T. Chappell, Trustee 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 ali officers of the Corporation below: .John Tarlton McCombs, President/~oasurer Elizabeth Blevins McCombs, Vice President/Secretary (Attach list if necessary) If the applicant is a PARTNERSItlP, 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. McCombssBros. M,ov±ng and Storage, Inc. a Virginia//~rp~ra~ion.^n C /{ ' Signature John Tarlton MCCombs, Pres±dent Print Name Rtv: 9/I$/98 Applicant's Name: List All Current Property Owners: DISCLOSURE STATEMENT McCombs :Bros. Moving and Storaget Inc.~ a Virginia Linda T. Chappeil, Trustee of the Allison corporation T. Chappell Irrevocable Trust PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) 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) Allison T. Chappell, Irrevocable T~ust, Linda T. Chappell, Trustee 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: John Tarlton McCombs, President/,~easurer Elizabeth Blevins McCombs, Vice President/Secretary (Attach list if necessary) If the applicant is a PARTNERSI{['P, 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. L±nda T. C~app,~11, Trustee o£ the Allison T. Chappell ~ Signature ~ t Linde T. Chappe11, Trustee Print Name ~ *" Rev, 9/I $/9R AG-2 I-2 I-2 I-2 (1> / AG' 2 ~ ~o~r I-2 AOT'I 6 P-1 Gpin (port of ) 1495-74-6391 (2449) ZONING HISTORY 1. Conditional Use Permit for Outdoor Recreation Facility (Golf Driving Range) - Granted 7/7/92 2. Rezoning from AG-I/AG-2 Agricultural District to I-1/I-2 Industrial District - Granted 5/5/86 Reconsideration of Conditions - Granted 6/27/95 3. Rezoning from R-8 Residential District to I-2 Industrial District- Granted 9/26/74 4. Enlargement of Nonconforming use -Withdrawn 1/26/99 5. Rezoning from B-1 Business District to Conditional B-lA Business District - Granted 10/24/00 6. Enlarge Nonconforming structure - Granted 12/13/94 Conditional Use Permit for Outdoor Recreation Facility - Granted 9/23/97 CITY OF VIRGINIA.BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Linda T. Chappell, Change of Zoning MEETING DATE May 14, 2002 Background: An Ordinance upon Application of Linda T. Chappell for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District on the north side of Dam Neck Road beginning at a point 1820 feet more or less west of the intersection of Dam Neck Road and London Bridge Road (Part of GPIN #1495-74- 6391 (2449)). The proposed zoning classification change to Conditional I-1 is for light industrial land use. The Comprehensive Plan recommends use of this parcel for a variety of employment uses including business parks, offices, industrial and employment support uses in accordance with other Plan policies. Said parcel contains 25.711 acres. DISTRICT 6 - BEACH. Considerations: The applicant is requesting a rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District in order to develop Phase One of the planned industrial park. The Planning Commission placed this item on the consent agenda because the request is consistent with the recommendations of the Comprehensive Plan, 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 as proffered. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/.Agency: Planning City Manage~% ~.~~¢~L Department ~<t-'J/~' ~ ,- LINDA T. CHAPPELL/Cf I April 10, 2002 General Information: REQUEST: ADDRESS: Change of zoning from AG-I/AG-2 to Conditional I-1 North side Of Dam Neck Road, 1,820 feet west of the intersection of Dam Neck Road and London Bridge Road Map I- I0 Linda T. Cha GPIN: ELECTION DISTRICT: SITE SIZE: Gpin (part of) 1495-74-6391 (2449) Part of GPIN 1495-74-6391 (2449) 6-BEACH 25.711 acres Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 1 STAFF PLANNER: PURPOSE: Barbara Duke "'~ To rezone the property for light industrial use in order to develop Phase One of a planned industrial park Major Issues: Degree to which the application is compatible with Air Installation Compatible Use Zone (AICUZ). There is a significant amount of frontage on Dam Neck Road, so the aesthetic view from this roadway is a concern. Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoning The property is currently undeveloped and is zoned AG-1 and AG-2 Agricultural Districts. Surrounding Land Use and Zonin,g NoAh: South: East: West: · Oceana South Industrial Park/I-1 Light Industrial and I-2 Heavy Industrial with conditions · Taylor Farm / AG-1 Agricultural District · Undeveloped property/R-20 Residential District · Warehouse / I-2 Industrial District Zonin,q and Land Use Statistics Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 2 With Existing Zoning: With Proposed Zoning: Agricultural uses as defined by the City Zoning Ordinance .... ~. Light Industrial uses as defined by the zoning ordinance on 14 or less parcels. Zonin.q History A conditional use permit for an outdoor recreational facility (golf driving range) was approved on the subject site on July 7, 1992, but was never activated. In 1986, property on the north side of London Bridge Road was rezoned from AG-1 and AG-2 Agricultural to I-1 and I-2 Industrial with conditions. This property is now known as Oceana South Industrial Park. Other zoning actions in the area are shown on the zoning history map. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ areaof greater than 75 db Ldn surrounding NAS Oceana. The federal government owns a restrictive easement over a portion of this property that is recorded in Deed Book 2303, Page 1009. The NAS Oceana AICUZ Officer has reviewed this application and has no objection to the proposed rezoning. Natural Resource and Physical Characteristics Soils on site consist entirely of Acredale soils (poorly drained, hydric). The property has been farmed for many years. The proposed change in use will result in the loss of approximately 25 acres of the City's inventory of land under cultivation. Public Facilities and Services Water and Sewer Water: Sewer: There is a 16 inch water main in London Bridge Road fronting this property. There is a 20 inch water main in Dam Neck Road fronting the south of this property. There is a 12 inch Hampton Roads Sanitation District (HRSD) forcemain and a 42 inch HRSD forcemain in Dam Neck Road fronting the south of this property. Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 3 This site must connect to City water. City gravity sewbr i§ not available. The applicant must consult with Virginia Department of Health and HRSD for direct connection to HRSD sanitary sewer force main prior to site plan submittal. Transportation Master Transportation Plan (MTP)/Capital Improvement Program (CIP): Dam Neck Road in the vicinity of this application is a four lane divided major arterial roadway. London Bridge Road in the vicinity of this application is a two lane minor collector road. Neither of these roadways is identified for improvement/upgrade in the current Capital Improvement Program. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z- 258 London Bridge Road 9,952 ADT ~ 9,900 ADT ~ Proposed Land Use 3-1,954 Dam Neck Road 42,453 ADT 42,1 O0 ADT Average Daily Trips as defined by agricultural use as defined by industrial use On Dam Neck Road, right and left turn lanes are already in place at the proposed main entrance to this site. However, right and left turn lanes do not exist on London Bridge Road at the secondary entrance to this site. As noted above, the traffic on London Bridge Road is currently at capacity. Based on the additional traffic generated with this proposal, both right and left turn lanes will be required to be constructed on London Bridge Road as part of the plan for this development. This requirement must be shown on the construction plans submitted to the Development Services Center for plan review. Schools This rezoning has no impact on City schools. Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 4 Public Safety Police: No comments. Fire and Adequate Rescue: Comprehensive Plan The Comprehensive Plan map identifies this site as suitable for suburban employment. The Plan recognizes that this area is within a greater than 75 dB Ldn AICUZ zone, and thus recognizes that light industrial uses are compatible to this area. Summary of Proposal Proposal · The subject site is part of a 46 acre tract. The proffered site plan shows that the 46 acre tract will ultimately be developed as an industrial park with 26 lots. The applicant is requesting a rezoning to Conditional I-1 Light Industrial for Phase One only. Phase One contains 14 lots on the westem side of the property. Site Desi,qn · The proposed site plan shows that there will be seven lots fronting on Dam Neck Road and seven lots fronting on London Bridge Road, for a total of 14 lots. All of the lots are 1 acre or larger in size. An internal 60 foot wide right of way is planned to serve as an access road for all of the lots. Stormwater management on the site will be handled by a combination of individual facilities on the separate sites and a small wet pond that will be located in the southwestern portion of the total site. This strategy is in keeping with the Navy's concern over creating large wet ponds that attract birds on property near runway approaches. Normally, the City would prefer one large stormwater management facility to serve multiple lots; however, in this case, due to Bird Air Strike Hazard (BASH), individual on-site facilities in conjunction with a small wet pond is preferable Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 5 and acceptable. The NAS Oceana AICUZ Officer has reviewed the stormwater management strategy on the site and has no objections. -- -~ Vehicular and Pedestrian Access · There will be no access to the individual lots from either Dam Neck Road or London Bridge Road. The proposed site plan shows a no ingress/egress easement will be platted along both rights of way across the frontage of all lots. Access to the industrial park will be via a 60 foot wide right of way that connects through the property from Dam Neck Road at the southern end to London Bridge Road at the northern end. The 60 foot wide right of way is extended to the west and east in the middle of the property to serve the proposed lots. · The main entrance to the site will be at Dam Neck Road, where a raised landscaped median will be installed. · There is also a traffic circle shown where the road extends out to the west and east. This traffic circle meets current traffic standards and will also be landscaped. · There is an existing sidewalk and bike path along Dam Neck Road. Internal sidewalks will be installed in accordance with Subdivision Ordinance requirements. Architectural Desiqn · The applicant has not proffered specific building design, but has proffered materials for the buildings. These are outlined in the Proffers section of this report. Landscape and Open Space · The applicant has proffered a landscape plan, which includes treed buffer areas along Dam Neck Road and London Bridge Road as well as landscaped medians and street trees along the internal roadway. · A small wet pond is shown in the southwest corner of the site, fronting on Dam Neck Road. This area will be landscaped as well. There is a fifty-foot buffer proposed along Dam Neck Road that will contain a mixture of large, medium and small trees. The species are also a mixture of evergreens and deciduous. The species shown on the preliminary plan will be refined during detailed site plan review. The applicant has agreed that the intent of this buffer is to replicate a forested area, such as those that exist naturally along this roadway. The applicant has agreed that at least 25% of the trees installed shall be evergreen. Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 6 There is a twenty-foot buffer along London Bridge Road that will be planted in a similar manner to the buffer along Dam Neck Road. "'~ Proffers PROFFER # I Staff Evaluation: PROFFER # 2 When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach, Virginia", dated 03/11/02 and prepared by the Spectra Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter 'Site Plan"). This proffer is acceptable. The proffered site plan shows coordinated access, landscaping and stormwater management that will elevate the quality of this industrial park. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty foot (50') building setback shall be required from London Bridge Road d) A minimum thirty foot (30') side yard building setback and rear yard building setback (on non- through lots) shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the SIGN CRITERIA FOR TAYLOR FARM Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 7 Staff Evaluation: PROFFER # 3 Staff Evaluation: f) g) CORPORATE PARK", dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, E.I.F.S., or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. This proffer addresses several areas of concern regarding aesthetic issues on this site. Due to the site's high visibility from Dam Neck Road, it is essential that controls be placed on building materials, signage, heights, landscape buffers, etc. and that there is a mechanism for coordination during review of plans. The applicant has provided controls that are adequate and has also provided for architectural review and property management in a coordinated fashion. This proffer is acceptable. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein, the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls. The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. This proffer acknowledges that afl parcel owners have a Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 8 PROFFER # 4 Staff Evaluation: stake in the overall appearance and upkeep of the park, fostering a sense of community pride and responsibility that will contribute to the sustained quality of this development. This proffer is acceptable. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. This proffer is a standard and is acceptable. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated January 14, 2002, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The request to rezone the subject site from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District is consistent with the recommendations of the Comprehensive Plan and is acceptable. The applicant has provided a coordinated plan in terms of access, stormwater management, and landscaping, and has proffered controls for essential elements of design such as building materials and signage. The applicant has proffered that there will be no freestanding signage along Dam Neck Road and London Bridge Road on the individual parcels. The facades of buildings facing Dam Neck Road will be either brick, stone or split face block. There will be a 50 foot wide forested buffer along Dam Neck Road and a 20 foot wide forested buffer along London Bridge Road to help screen the buildings from the street. This buffer will be planted at the same time as the internal roadway is constructed, giving the trees time to mature prior to building placement on the lots. The proffers provided by the applicant will ensure quality development. This rezoning request is recommended for approval subject to the proffer agreement. NOTE: Further conditions mav be reauired durina the Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 9 administration of applicable City Ordinances. Plans submitted with this rezoning application may reqUj~e revision during detailed site plan review to meet all applicable City Codes. Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL ! # 1 Page 10 Planning Oommission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 11 J Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 12 Planning Commission Agenda April 10, 2002 LINDA T. CHAPPELL / # 1 Page 13 Item #1 Linda Chappell Change of Zoning District Classification from AG-1 and AG~2 Agricultural Districts to Conditional I-1 Light Industrial District on the north side of Dam Neck Road North Side of Dam Neck Road District 6 Beach April 10, 2002 CONSENT AGENDA Ronald Ripley: Alright. Now if you recall the rules when we discussed earlier, this next section of our agenda is the Consent Agenda. And the items that are going to be called are going to be grouped together and voted as one so if you have an objection to any item that is called as a consent we would appreciate you coming forward and state your name ' and tell us you object to it and we will put it off and set it down on the agenda. And Dot, would you please go through the Consent Agenda. We have quite a few items on this by the way. Dorothy Wood: This afternoon we have 17 items on the Consent Agenda. As I call your name would you please step up to the podium and state your name and if you have read the conditions and agree with them. The first item is Item #1, Change of Zoning District Classification from AG-1 to AG-2 Agriculture District to Conditional I-1 Light Industrial and that's on the north side of Dam Neck Road, west of the intersection of Dam Neck and London Bridge Road. That's in District 6, Beach District. Eddie Bourdon: Thank you. Eddie Bourdon, Virginia Beach Attorney representing the applicant. It's a proffer rezoning obviously. We are in agreement with the proffer. Ronald Ripley: Thank you. Dorothy Wood: Is there any objection to this consent item? There being none? Mr. Ripley, I would like to move to approve the 14 items on the consent agenda. Number 1, 7, and 8 with six conditions; number 10 with four conditions, number 14; number 16 with four conditions; number 17 with eleven conditions; number 18 with four conditions; number 19 with eight conditions; number 21 with nine conditions and then number 22- 25. Ronald Ripley: So that is the motion by Dot. Do we have a second? Charles Salle" Second. Ronald Ripley: Seconded by Charlie Salle'. Discussion? Item #1 Linda Chappell Page 2 Ronald Ripley: ATKINSON BAUM CRABTREE DIN HORSLEY MILLER RIPLEY SALLE' STRANGE VAKOS WOOD Anybody else? Motion been made. AYE 11 NAY 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Seconded. ABS 0 We are ready to vote. ABSENT Ronald Ripley: By a vote of 11-0, motion passes. APPLICATION. PAGE 4 OF 4- ZONING Applicant's Name: DISCLOSURE STATEMENT Linda T. Chappell List All Current Property Owners: Linda T. Chapp'ell PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) 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 ali 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. I - - ~igflature ~ Linda T. Ch,appell Print Name Rev. 9/15/98 CORM NO. P.S. ll9 City of Virginia Bcach INTER-O FFICE ' CORR ES PONDENC E In Reply Refer To Our File No. DF-5539 TO: FROM' DATE: DEPT: DEPT: Leslie L. Lilley B. Kay Wilson~'~ May 1, 2002 City Attorney City Attorney Conditional Zoning Application Linda T. Chappell, Trustee, and McCombs Bros. Moving and Storage, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 14, 2002. I have reviewed the subject proffer agreement, dated January 15, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY: ~'~ t~l;~. ~l)[~J~l)~)~. LINDA T. CHAPPELL, TRUSTEE of the ALLISON T. CHAPPELL.I. rr...evocable Trust and McCOMBS BROS. MOVING AND STORAGE, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 15th day of January, 2002, by and between LINDA T. CHAPPELL, TRUSTEE of the ALLISON T. CHAPPELL Irrevocable Trust, Property Owner and McCOMBS BROS. MOVING AND STORAGE, INC., a Virginia corporation, Contract Purchaser, hereinafter collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH' WHEREAS, Property Owner is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately six and forty-one hundredths (6.41) acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the ~Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 and AG- 2 Agricultural Districts to I-2 Industrial District; and GPIN: 2405-99-2219 RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY: ~'~,Ill-;I,~N & I.l?qr. p.C WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to pen~dt differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: ' 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan of Harper's Road Mini-Storage Virginia Beach, Virginia", dated danuary 10, 2002, revised 3/14/02, and revised PREPARED BY: 15~ ~1...~. RI}I~I~I.~N. I :\III~I/N & LIVY. 4/9/02, prepared by NDI, LLC, Basgier & Associates Division`, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The external building materials and architectural design elements of the office warehouse buildings and of the storage units shall be as depicted and described on the ~PRELIMINARY ELEVATIONS MINI-STORAGE FACILITY FOR McCOMBS BROS. MOVING & STORAGE, INC., dated 6 Feb. 02, prepared by Verebely & Associates Architects, which plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter ~Elevation'). 3. The freestanding sign shall be a brick monument style sign as depicted on the "Site Plan". No neon fighting visible from Harper's Road shall be permitted on the Property. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to AG-l, AG-2 and I-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such PREPARED BY: SYI(I;;S. ~OURDON. AII~RI~ & I.I:NY. P.C. instrument, provided that said instrument is consented to by.th~ Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of' Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: St [E.~. [~0I!I~DON. ,.\III~I~N & I.I-TYY. WITNESS the following signature and seal: GRANTOR: Lin~a T. Chappell, Trusu~e of the ALLISON T. CHAPPELL Irrevocable Trust STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this January, 2002, by Linda T. Chappell, Trustee of the ALLISON T. Irrevocable Trust, Grantor. Notary Public 15th day of CHAPPELL My Commission Expires: August 31, 2002 WITNESS the following signature and seal: GRANTOR: McCombs Bros. Moving and Storage, Inc., a Virginia corporation By: '~. ~ , (SEAL) ?/dhn Tarlton McCombs, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 15th day of January, 2002, by John Tarlton McCombs, President of McCombs Bros. Moving and Storage, Inc., a Virginia corporation, Grantor. 'Nothyy Public My Commission Expires: August 31, 2002 EXHIBIT "A" ALL THAT certain parcel of land situating, lying and being in the City of Virginia 13each, Virginia and which are more particularly described as ~PARCEL 13" a shown on that certain plat entitled "Subdivision of a Portion of the Property of The Taylor Group, L.P.", dated March 4, 1997, prepared by Basgier & Associates, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia ("Clerk's Office") in Map 13ook 266, at Pages 32 and 33. GPIN: 2405-99-2219 CONDREZN/McCOMBS/PROFFER 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, Amendments to the City Zoning Ordinance MEETING DATE: May_14, 2002 Background: An Ordinance to amend vehicular parking requirements in the B-3A Pembroke Central Business Core District and provisions pertaining to the required dimensions of parking spaces and the use of compact car spaces in parking garages and parking structures in all zoning districts. Considerations: As detailed 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. The proposed amendments originated from parking-related issues identified by a consultant to the City of Virginia Beach, Desman Associates, which is studying parking at the Town Center. The consultant has made several recommendations and the attached amendments flow from those recommendations. The proposed dimensions for parking spaces and the recommended parking ratios for land uses in the B-3A District are derived from nationally accepted standards, including the Institute for Transportation Engineers Parkin.q :Generation 2nd Edition. The amendments address dimensional requirements for parking space~ ~n the B-3A District (Town Center), parking ratio requirements for residential and non-residential uses in the B-3A District, and dimensional requirements for parking garages and structures throughout the city. Portions of the amendments were considered and recommended for approval by the Planning Commission in February; however, the Planning Commission recommended that the provisions regarding parking garages and structures, which in February were proposed to only apply to the B-3A District, apply citywide. The prov",sions of the attached amendments addressing parking garages and structures apply citywide. Since the Planning Commission hearing, three (3) changes have been made to the amendments as a result of further discussion among City staff: 1. The width of a drive aisle for a parking garage or structure that is adjacent to a parking space less than nine (9) feet by eighteen (18) feet must be at least 23 feet in width. Attachments: Staff Review Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentK-;~j~.~ City Manag~ k , ~:~.~b~Z' /"~v[-'~ City of Virginia Beach Page 2 A structural encroachment (such as a building pier) into the front of a parking space is allowed, but the encroachment cannot be more than one (1) foot into the space. Only a maximum of 30 percent of the spaces can be impacted by such an encroachment. Language previously contained in the amendment noting that the allowance of compact car spaces in a parking garage or structure is only available to such facilities if they were constructed or received site plan approval after the effective date of the amendment has been removed. The rationale for removal of the language was that the text would have prohibited an existing facility that has standard nine (9) feet by eighteen (18) feet spaces from re-striping the facility to utilize eight (8) feet, nine (9) inch spaces and 2 percent compact spaces as would be allowed under the amendments. Recommendations: Staff recommends approval of the amendments. CITY OF VIRGINIA BEACH / # 23 April 10, 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. Also, an change to the City Zoning Ordinance (CZO) to reduce the width of parking spaces in parking garages and structures in the B-3A District, recommended for approval by the Planning Commission in February, has been modified in the attached amendments to apply citywide. Proposed Amendments: An Ordinance to amend vehicular parking requirements in the B-3A Pembroke Central Business Core District and provisions pertaining to the required dimensions of parking spaces and the use of compact car spaces in parking garages and parking structures in all zoning districts. The proposed amendments accomplish the following: The amendments reduce the minimum width of parking spaces in parking garages and parking structures (but not surface parking lots) to eight feet, nine inches (8' 9"). They also significantly limit the use of compact car spaces in existing parking garages and parking structures by reducing the allowed percentage of compact car spaces from 25% to 2%, and only if the Planning Director makes the findings specified in subdivision (3) of subsection (b) (lines 79 - 88). Parking garages and parking structures approved or constructed after the date of adoption of the amendments would not be allowed to have any compact car spaces at all. The amendments reduce the number of required parking spaces for residential uses in the B-3A Pembroke Central Business Core District from 2 spaces to 1.7 spaces per dwelling unit and the required number of spaces for non-residential uses from 3.3 spaces to 3 spaces per square feet of gross floor area. The Planning Commission Agenda April 10, 2002 CITY OF VIRGINIA BEACH / # 23 Page 1 amendments also clarify that hotels and uses accessory to hotels have the same parking requirements in the B-3A Pembroke Central BusinesS' Cbre District as elsewhere in the City. Those requirements appear in subsection (a) (lines 18 - 25). The amendments also provide that, except for property already zoned B-3A, required parking may be made available to members of the general public, rather than only to patrons or customers of the establishment having the parking. The amendments also specify that the number and dimensional requirements of spaces are unchanged by the public availability option and ensure that the same parking space is not counted more than once in meeting the requirements of a given use. The.amendments ~'equire that applicants for rezonings to B-3A demonstrate, as part of the application, that the parking requirements applicable to the proposed use or uses will be met, either by provision of on - site parking or through contractual means if provided off- site. Off-site parking is currently allowed pursuant to Section 901 of the City Zoning Ordinance. The amendments also specify that parking requirements may be met through contractual means with public entities, subject to the approval of the City Council. 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 April 10, 2002 CITY OF VIRGINIA BEACH / # 23 Page 2 Item #22 City of Virginia Beach Ordinance to adopt as an Appendix to the ComprehenSive Plan the Shore Drive Corridor Design Guidelines Item//23 City of Virginia Beach Ordinance to amend vehicular parking requirements In the B-3A Pembroke Central Business Core District Item #24 City of Virginia Beach Ordinance to amend the definition of and certain Requirement pertaining to outdoor plazas in the B-3A Pembroke Central Business Core District Item #25 City of Virginia Beach Ordinance to delete the definition of "setback baseline" and amend certain setback requirements in the B-3A Pembroke Central Business Core District April 10, 2002 CONSENT AGENDA Dorothy Wood: We will have items 22, 23, 24 & 25 are the City of Virginia Beach and I think Mr. Scott will tell us about this. Robert Scott: I recall my promise to brevity as well. Dorothy Wood: Thank you sir. Robert Scott: First of all, the Shore Drive Corridor Design Guidelines are some guidelines that have been devised by the staff with the assistance of the Shore Drive Advisory Committee to add a special level of character to the Shore Drive area that we think is, over time is going to help develop a better quality in that area. We have discussed this matter extensi, vely with interested groups in the area, business groups, civic groups, service groups and other groups of that nature. We are happy to report to you today that the feedback that we get is positive from all comers. We feel very confident in recommending this new set of guidelines to you as an amendment to the Comprehensive Plan and probably as a sort of a pilot program that I'm hopeful we can pick up on and maybe duplicate in some other areas of the City that can benefit from it as well.. Dorothy Wood: Thank you. This was Item #22, City of Virginia Beach, an ordinance to adopt as an appendix to the Comprehensive Plan to the Shore Corridor Design Guidelines. Is there any objection to Item #22? Hearing none. Robert Scott: Number 23, with regard to vehicular parking requirements. This is one of the adjustments here is done in a way with the Planning Commission suggested Item #22, 23, 24 & 25 City of Virginia Beach Page 2 previously instead of making it specific to the Pembroke area. This is a change that will be city-wide in its scope, and we hope, by virtually this ordinance to reduce the width of parking spaces in parking structures from nine feet to eight foot nine. And to reduce - I should say really eliminate compact cars spaces in those areas except to a degree that the Planning Director, because of the structural nature of the garage would be allow to' approve up to two percent of upon certain findings being made. Number 2, it allows people in the B-3A area now again, now this is specific to Pembroke B-3A Central Business District area. When the provide parking to do so, either by having private parking on their own or to participate by making their parking spaces available to the public within a certain distance of their facility as public parking. Either one of those would be acceptable to us under this arrangement. Dorothy Wood: Thank you. Item #23, the City of Virginia Beach, to amend the parking requirements in the Pembroke Central Business District? Is there any objection to Item 23? Hearing none. Robert Scott: Number 24 and 25 have to do with thc definition of outdoor plazas. And the definition of a setback baseline and Tom Pauls, also under the promise of brevity is going to make an explanation to you as to the impact of those two. Dorothy Wood: Thank you. Tom Pauls: I promise to very brief. The outdoor cafes and outdoor plaza provision, eliminates some locational criteria that before restricted some usage to major entrances to buildings and other complexes within the Town Center or the B-3A. And what this does, it allows more flexibility and where those open space areas, current open space areas would be located. So the flexibility is an important part of that. The second pan is the setback baseline, which was established originally in 1995 when the zoning ordinance was changed to allow B-3A. It being eliminated because in order to have a setback baseline, you need to have fairly complex coordinates, leaps and bounds and those kind of things. So instead of trying to make adjustments to that each and every time a street location is to be changed in Town Center, we thought it would be better if we simply modified it so that we could setback from a established right a way line and allow the Planning Director discretion as to what is an appropriate location for structures and other uses within that area consistent with the Comprehensive Plan, as well as the design guidelines that apply to that area. Dorothy Wood: Item 24, is the City of Virginia Beach, an ordinance to amend the definition of outdoor plazas in the Central Business District. Is there any objection to this item? Hearing none. The final item is Item g25, the City of Virginia Beach an ordinance to delete the definition of setback baseline and amend certain setback requirements in the Pembroke Central District? Is there any objection to this? Hearing none. Mr. Ripley, I would like to move to approve the 14 items on the consent agenda. Number 1, 7, 8 with six conditions; number 10 with four conditions, number 14; number 16 with four Item #22, 23, 24 & 25 City of Virginia Beach Page 3 conditions; number 17 with eleven conditions; number 18 with four conditions; number 19 with eight conditions; number 21 with nine conditions and then number 22-25. Ronald Ripley: So that is the motion by Dot. Do we have a second? Charles Salle': Second. Ronald Ripley: Seconded by Charlie Salle'. Discussion? Ronald Ripley: Anybody else? Motion been made. Seconded and the abstention so noted. We are ready to vote. 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 11-0, motion passes. (Robert Miller abstained from Item //23, 24, and 25) 1 REVISED 5-6-02 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND VEHICULAR PARKING REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT AND PROVISIONS PERTAINING TO THE REQUIRED DIMENSIONS OF PARKING SPACES AND THE USE OF COMPACT CAR SPACES IN PARKING GARAGES AND PARKING STRUCTURES IN ALL ZONING DISTRICTS Section Amended: City Zoning Ordinance ~ 203 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 be, and hereby is, amended and reordained to read as follows: (a) The following specified uses shall comply with the off-street parking requirements designated therefor: (14) Eating and drinking establishments accessory to a hotel: At least one space for each three hundred 300) square feet of floor area in dining area; (20) Lodging units: At least one space per lodging unit; (21) Meeting rooms and convention hall facilities accessory to a hotel: At least one space per twenty (20) seating capacity; COMMENT Thepro~sionsofthissubsectionareunchanged, andareshownonlyasare~rence- (b) General standards. The followinq requirements shall apply to all off-street parkinq spaces: (1) Any off-street parking space, including spaces provided above the minimum required, shall have minimum dimensions of nine (9) feet by eighteen (18) feet, except that in parkin~ Garages and 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 (2) <3) parking structures, minimum dimensions shall be eight (8) feet, nine (9) inches by eighteen /18) feetr pzovided that and minimum dimensions for all parallel parking spaces shall be nine (9) feet by twenty-two (22) feetL In any parking structure or parking GaraGe, the Planning Director may allow a maximum of two percent (2%) of the total number of spaces within a parking Garage or structure to be compact car spaces if he finds that (i) the unusual shape, size, conficuration or other building condition of the parking structure or parking GaraGe precludes the efficient layout of parking spaces meeting the dimensional requirements of this section, thus resulting in residual space within such parking structure or parking GaraGe; and Iii) the use of compact car spaces would not substantially reduce the overall safety, ease of ingress and egress, or efficiency of the layout of parking spaces; Within a parking lot oz =,~ =~=~ paz~,~ gazage oz stzuctuze twenty-five (25) percent of the spaces provided may be designated for compact cars= provided that (i) the minimum dimensions shall be eight (8) by seventeen (17) feet for regular compact car spaces or eight (8) by twenty (20) feet for parallel compact car spaces and /ii) all such compact car spaces shall be clearly marked with the wording "Compact Cars Only=" ~=~=~=~ =~=~,~==, that ~=== Where the width of a parking space abuts a street frontage landscaping strip ~or interior landscaped areas, the length of the parking space may be reduced by one and one-half (1.5) feetr= 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 (41 Each space shall be unobstructed, s%~a-~.have access to a street and shall be so arranged that any 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. In parkinq carafes and parkin~ structures, structural encroachments into a maximum of thirty percent (30%) of the spaces may protrude into the front portion of a parkin~ space not more than one (1) foot as measured perpendicularly to the drive aisle~ Ail 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 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~ ; and Minimum aisle width required for parking areas shall be according to the following table: Parking Angle (in degrees) Aisle Width in feet) 0--44 12 45--59 13.5 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 60--69 18.5 70--79 19.5 80--89 21 90 22 In addition, in any parking qaraqe or parkinq structure a drive aisle adiacent to a parkinq space which is less than nine (9) feet by eighteen (18) feet shall be at least twenty-three (23) feet in width. COMMENT The amendments reduce the minimum width of parking spaces in parking garages and parking structures (but not surface parking lots) to eight feet, nine inches (8' 9"), and allows some limited structural encroachment into the space. They also increase the drive aisle width for these reduced spaces. They also significantly limit the use of compact car spaces in parking garages and parking structures by reducing the allowed percentage of compact car spaces from 25% to 2%, and only if the Planning Director makes the findings specified in subdivision (2) of subsection (b) (lines 44-53). (g) Notwithstanding any ~tfre~ contrary provision of this section, within the B-3A Pembroke Central Business Core District, there shall be provided for nonresidential uses, except hotels and uses accessory to hotels, 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 two {2) one and seven-tenths (1.7) spaces per dwelling unit. Parking requirements for hotels and uses accessory to hotels shall be as specified in subsection (a} COMMENT The amendments reduce the number of required parking spaces for residential uses in the B- 3A Pembroke Central Business Core District from 2 spaces to 1.7 spaces per dwelling unit and the required number of spaces for non-residential uses from 3.3 spaces to 3 spaces per square feet of gross floor area. The amendments also clarify that hotels and uses accessory to hotels have the same parking requirements in the B-3A Pembroke Central Business Core District as elsewhere in the City. Those requirements appear in subsection (a) (lines 18 - 25). (h) Notwithstanding anythinq in this ordinance to the contrary, required off - street parkinq for any use located on property within the B-3A Pembroke Central Business Core District 138 139 140 141 142 may be made available for use by the general public as well as by the customers or patrons of such use. The required number and dimensions of parking spaces shall be as specified in this section, and no parkinq space shall be used to satisfy the parking requirement of more than one establishment. 4 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 COMMENT -- -,- The amendments provide that required parking may be made available to members of the general public, rather than only to patrons or customers of the establishment having the parking. The amendments also specify that the number and dimensional requirements of spaces are unchanged by the public availability option and ensure that the same parking space is not counted more than once in meeting the requirements of a given use. (i) In any application for the change of zoninq district classification of any property to B-3A Pembroke Central Business Core District, the - applicant shall demonstrate that there is sufficient available parkinq for the proposed use or uses, either on the property which is the subject of the application or on other property within one thousand, five hundred (1,500) feet of the proposed use such parking is intended to serve. If parking is to be provided off - site, it shall meet the requirements for off - site parkinq facilities set forth in Section 901 of this ordinance. 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 Alternatively, the applicant may contract with a public entity for the use of publicly - owned parkinq spaces on such terms as may be aqreed upon by the applicant and the public entity, subject to the approval of the City Council. COMMENT The amendments require that applicants for rezonings to B-3A demonstrate, as part of the application, that the parking requirements applicable to the proposed use or uses will be met, either by provision of on - site parking or through contractual means if provided off- site. Off-site parking is currently allowed pursuant to Section 901 of the City Zoning Ordinance. The amendments also specify that parking requirements may be met through contractual means with public entities, subject to the approval of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8434 wmm\ordres\czo203ordin.wpd R-7 May 6, 2002 175 176 177 178 APPROVED AS TO CONTENT: P 1 annin~qYepa r tment APPROVED AS TO LEGAL City Attornej's' Office 5 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, Amendments to the City Zoning Ordinance MEETING DATE: May 14, 2002 Background: An Ordinance to amend the definition of, and certain requirements pertaining to, outdoor plazas in the B-3A Pembroke Central Business Core District. Considerations: As detailed 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. The proposed amendments were developed in response to a need to provide a clearer understanding of where plazas should be located, what activities occur within a plaza area, and a means of ensuring that plazas meet the objectives of the Comprehensive Plan and Pembroke Central Business District Master Plan. The definition and provisions as currently worded in the City Zoning Ordinance are somewhat ambiguous regarding the location of plazas, the role of plazas, and whether plazas are public or private. The proposed amendments specify that plazas should be accessible by the public. The attached amendments redefine an outdoor plaza to be An outdoor open area located in an urban setting, which is intended be used bythe public for walking, sitting, informally meeting and similar activities. The amendments also eliminate setback requirements for outdoor cafes and set forth standards for outdoor plazas in the B-3A Pembroke Central Business Core District. Primarily, the amendments will require that Outdoor plazas should be located at the entrance to a major building and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work and visit the area. The size and configuration of outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth in the Attachments: Staff Review Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A~lency~_.Planning DepartmentF-~,. City of Virginia Beach Page 2 Comprehensive Plan and Pembroke Central Business District Master Plan. Recommendations: Staff recommends approval of the amendments. CITY OF V RGINIA BEACH / 24 April 10, 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 the definition of, and certain requirements pertaining to, outdoor plazas in the B-3A Pembroke Central Business Core District. The amendments redefine an outdoor plaza to be An outdoor open area located in an urban setting, which is intended be used by the public for walking, sitting, informally meeting and similar activities. The amendments also eliminate setback requirements for outdoor cafes and set forth standards for outdoor plazas in the B-3A Pembroke Central Business Core District. Primarily, the amendments will require that Outdoor plazas should be located at the entrance to a major building and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work and visit the area. The size and configuration of outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth in the Comprehensive Plan and Pembroke Central Business District Master Plan. Planning Commission Agenda April 10, 2002 CITY OF VIRGINIA BEACH / # 24 Page I Evaluation: The proposed amendments are recommended for approval. Planning Commission Agenda April 10, 2002 CITY OF VIRGINIA BEACH / # 24 Page 2 Item//22 City of Virginia Beach Ordinance to adopt as an Appendix to the ComprehenSive Plan the Shore Drive Corridor Design Guidelines Item//23 City of Virginia Beach Ordinance to amend vehicular parking requirements In the B-3A Pembroke Central Business Core District Item #24 City of Virginia Beach Ordinance to amend the definition of and certain Requirement pertaining to outdoor plazas in the B-3A-Pembroke Central.Business Core District Item g25 City of Virginia Beach Ordinance to delete the definition of "setback baseline" and amend certain setback requirements in the B-3A Pembroke~Central Business Core District April 10, 2002 CONSENT AGENDA Dorothy Wood: We will have items 22, 23, 24 & 25 are the City of Virginia Beach and I think Mr. Scott will tell us about this. Robert Scott: I recall my promise to brevity as well. Dorothy Wood: Thank you sir. Robert Scott: First of all, the Shore Drive Corridor Design Guidelines are some guidelines that have been devised by the staff with the assistance of the Shore Drive Advisory Committee to add a special level of character to the Shore Drive area that we think is, over time is going to help develop a better quality in that area. We have discussed this matter extensiyely with interested groups in the area, business groups, civic groups, service groups and other groups of that nature. We are happy to report to you today that the feedback that we get is positive from all comers. We feel very confident in recommending this new set of guidelines to you as an amendment to the Comprehensive Plan and probably as a sort of a pilot program that I'm hopeful we can pick up on and maybe duplicate in some other areas of the City that can benefit from it as well.. Dorothy Wood: Thank you. This was Item #22, City of Virginia Beach, an ordinance to adopt as an appendix to the Comprehensive Plan to the Shore Corridor Design Guidelines. Is there any objection to Item g227 Hearing none. Robert Scott: Number 23, with regard to vehicular parking requirements. This is one of the adjustments here is done in a way with the Planning Commission suggested Item #22, 23, 24 & 25 City of Virginia Beach Page 2 previously instead of making it specific to the Pembroke area. This is a change that will be city-wide in its scope, and we hope, by virtually this ordinance to reduce the width of parldng spaces in parking structures from nine feet to eight foot nine. And to reduce - I should say really eliminate compact cars spaces in those areas except to a degree that the Planning Director, because of the structural nature of the garage would be allow to' approve up to two percent of upon certain findings being made. Number 2, it allows people in the B-3A area now again, now this is specific to Pembroke B-3A Central Business District area. When the provide parking to do so, either by having private parking on their own or to participate by making their parking spaces available to the public within a certain distance of their facility as public parking. Either one of those would be acceptable to us under this arrangement. Dorothy Wood: Thank you. Item 4/23, the City of Virginia Beach, to amend the parking requirements in the Pembroke Central Business District? Is there any objection to Item 23? Hearing none. ' Robert Scott: Number 24 and 25 have to do with the definition of outdoor plazas. And the definition of a setback'baseline and Tom Pauls, also under the promise of brevity is going to make an explanation to you as to the impact of those two. Dorothy Wood: Thank you. Tom Pauls: I promise to very brief. The outdoor cafes and outdoor plaza provision, eliminates some locational criteria that before restricted some usage to major entrances to buildings and other complexes within the Town Center or the B-3A. And what this does, it allows more flexibility and where those open space areas, current open space areas would be located. So the flexibility is an important part of that. The second part is the setback baseline, which was established originally in 1995 when the zoning ordinance was changed to allow B-3A. It being eliminated because in order to have a setback baseline, you need to have fairly complex coordinates, leaps and bounds and those kind of things. So instead of trying to make adjustments to that each and every time a street location is to be changed in Town Center, we thought it would be better if we simply modified it so that we could setback from a established right a way line and allow the Planning Director discretion as to what is an appropriate location for structures and other uses within that area consistent with the Comprehensive Plan, as well as the design guidelines that apply to that area. Dorothy Wood: Item 24, is the City of Virginia Beach, an ordinance to amend the definition of outdoor plazas in the Central Business District. Is there any objection to this item? Hearing none. The final item is Item//25, the City of Virginia Beach an ordinance to delete the definition of setback baseline and amend certain setback requirements in the Pembroke Central District? Is there any objection to this? Hearing none. Mr. Ripley, I would like to move to approve the 14 items on the consent agenda. Number 1, 7, 8 with six conditions; number 10 with four conditions, number 14; number 16 with four Item #22, 23, 24 & 25 City of Virginia Beach Page 3 conditions; number 17 with eleven conditions; number 18 with four conditions; number 19 with eight conditions; number 21 with nine conditions and then number 22-25. Ronald Ripley: So that is the motion by Dot. Do we have a second? Charles Salle': Second. Ronald Ripley: Seconded by Charlie Salle'. Discussion? Ronald Ripley: Anybody else? Motion been made. Seconded and the abstention so noted. We are ready to vote. AYE 10 NAY 0 AIlS 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 11-0, motion passes. (Robert Miller abstained from Item #23, 24, and 25) 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 AN ORDINANCE TO AMEND THE DEFINITION OF, AND CERTAIN REQUIREMENTS PERTAINING TO, OUTDOOR PLAZAS AND OUTDOOR CAFES IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT Sections Amended: CZO ~ 111 and 901 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111 and 901 of the City Zoning Ordinance are hereby amended and reordained to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include ~he plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Outdoor plaza· An outdoor open area ~=o~l=~ to czeate ~ sp=~, F=~=stzzan entzyway to a maj~ bu~TM~u~I~ .... os located in an urban settinq, which is intended be used by the public for walkinG, sittinq, informally meetinq and similar activities. · o · COMMENT The amendments redefine the term "outdoor plaza." 32 33 Sec. 901. Use regulations. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 (al) Outdoor cafes and outdoor plazas in the B-.3A Pembroke Central Business Core DisTrict. (a) Notwithstanding any contrary provision of this ordinance, outdoor cafes within the B-3A Pembroke Central Business Core District requirements - ' ~u~uu~~=~ shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building; an-d {2) ................... ~=~L~u~,~~=~=~k from the setbac~-~ baseline of an9 ........................ '~' f-- greater .......................... -' ' s~c~£on 902. (b) Notwithstanding any contrary provision of this subsection, outdoor plazas within the B-3A Pembroke Central Business Core District shall be subject to the following requirements criteria: (1) Outdoor plazas nra7 should be located ~ at the entrance~ to ~=~-**~ =~====3 and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work and visit the area. The size and confiquration of outdoor plazas and attendant amenities shall be reviewed by the Planninc Director to ensure conformance with these and other related objectives as set forth in the Comprehensive Plan and Pembroke Central Business District Master Plan; and any street~,~==I be fifty {50) feet greater than otherwise ~y ~30~ F=~=,~t ~f ~= total 66 67 68 69 7O 71 72 73 (% 2) The architectural design shall conform to the purpose and intent of the Central Business District Master Plan. COMMENT The amendments eliminate setback requirements for outdoor cafes and set forth standards for outdoor plazas in the B-3A Pembroke Central Business Core District. Adopted by the _Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8392 wmmk ordre s koutdoorpla zaordin · wpd R-3 March 29, 2002 APPROVED AS TO CONTENT: Plannin~Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 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, Amendments to the City Zoning Ordinance MEETING DATE: May 14, 2002 Background: An Ordinance to delete the definition of "setback baseline" and amend certain setback requirements in the B-3A Pembroke Central Business Core District. Considerations: As detailed 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. The amendments delete all references to the named streets within the B-3A Pembroke Central Business Core District, as they no longer are planned, and replace all setback requirements from those streets with a 5 foot minimum and 10 foot maximum setback requirement. The amendments, however, allow the Planning Director to permit reduced minimum or increased maximum setbacks from streets for buildings a~ ~d ~tructures in the B- 3A Pembroke Central Business Core District which conform to all applicable requirements of the Comprehensive Plan and Pembroke Central Business District Master Plan and meet other designated criteria. The proposed ordinance also allows an applicant to appeal the denial of an application for reduced or increased setbacks to the City Council. Recommendations: Staff recommends approval of the amendments. Attachments: Staff Review Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: PlanningDepartment~.'~,~ t .t~~, City Manager:(~~.~ }L... S ~y~ CITY OF VIRGINIA BEACH / # April 10, 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 delete the definition of "setback baseline" and amend certain setback requirements in the B-3A Pembroke Central Business Core District. The amendments delete all references to the named streets within the B-3A Pembroke Central Business Core District, as they no longer are planned, and replace all setback requirements from those streets with a 5 foot minimum and 10 foot maximum setback requirement. The amendments, however, allow the Planning Director to permit reduced minimum or increased maximum setbacks from streets for buildings and structures in the B-3A Pembroke Central Business Core District which conform to all applicable requirements of the Comprehensive Plan and Pembroke Central Business District Master Plan and meet other designated criteria. The proposed ordinance also allows an applicant to appeal the denial of an application for reduced or increased setbacks to the City Council. Evaluation: The proposed amendments are recommended for approval. Planning Commission Agenda April 10, 2002 CITY OF VIRGINIA BEACH / # 25 Page 1 Item #22 City of Virginia Beach Ordinance to adopt as an Appendix to the Comprehensive Plan the Shore Drive Corridor Design Guidelines Item #23 City of Virginia Beach Ordinance to amend vehicular parking requirements In the B-3A Pembroke Central Business Core District Item #24 City of Virginia Beach Ordinance to amend the definition of and certain Requirement pertaining to outdoor plazas in the B-3A Pembroke Central.Business Core District Item F25 City of Virginia Beach Ordinance to delete the definition of "setback baseline" and amend certain setback requirements in the B-3A Pembroke Central Business Core District April 10, 2002 CONSENT AGENDA Dorothy Wood: We will have items 22, 23, 24 & 25 are the City of Virginia Beach and I think Mr. Scott will tell us about this. Robert Scott: I recall my promise to brevity as well. Dorothy Wood: Thank you sir. Robert Scott: First of all, the Shore Drive Corridor Design Guidelines are some guidelines that have been devised by the staff with the assistance of the Shore Drive Advisory Committee to add a special level of character to the Shore Drive area that we think is, over time is going to help develop a better quality in that area. We have discussed this matter extensi~vely with interested groups in the area, business groups, civic groups, service groups and other groups of that nature. We are happy to report to you today that the feedback that we get is positive from all comers. We feel very confident in recommending this new set of guidelines to you as an amendment to the Comprehensive Plan and probably as a sort of a pilot program that I'm hopeful we can pick up on and maybe duplicate in some other areas of the City that can benefit from it as well.. Dorothy Wood: Thank you. This was Item #22, City of Virginia Beach, an ordinance to adopt as an appendix to the Comprehensive Plan to the Shore Corridor Design Guidelines. Is there any objection to Item g227 Hearing none. Robert Scott: Number 23, with regard to vehicular parking requirements. This is one of the adjustments here is done in a way with the Planning Commission suggested Item #22, 23, 24 & 25 City of Virginia Beach Page 2 previously instead of making it specific to the Pembroke area. This is a change that will be city-wide in its scope, and we hope, by virtually this ordinance to reduce the width of parking spaces in parking structures from nine feet to eight foot nine. And to reduce - I should say really eliminate compact cars spaces in those areas except to a degree that the Planning Director, because of the structural nature of the garage would be allow to' approve up to two percent of upon certain findings being made. Number 2, it allows people in the B-3A area now again, now this is specific to Pembroke B-3A Central Business District area. When the provide parking to do so, either by having private parking on their own or to participate by making their parking spaces available to the public within a certain distance of their facility as public parking. Either one of those would be acceptable to us under this arrangement. Dorothy Wood: Thank you. Item #23, the City of Virginia Beach, to amend the parking requirements in the Pembroke Central Business District? Is there any objection to Item 23? Hearing none. ' Robert Scott: Number 24 and 25 have to do with the definition of outdoor plazas. And the definition of a setback baseline and Tom Pauls, also under the promise of brevity is going to make an explanation to you as to the impact of those two. Dorothy Wood: Thank you. Tom Pauls: I promise to very brief. The outdoor cafes and outdoor plaza provision, eliminates some locational criteria that before restricted some usage to major entrances to buildings and other complexes within the Town Center or the B-3A. And what this does, it allows more flexibility and where those open space areas, current open space areas would be located. So the flexibility is an important part of that. The second part is the setback baseline, which was established originally in 1995 when the zoning ordinance was changed to allow B-3A. It being eliminated because in order to have a setback baseline, you need to have fairly complex coordinates, leaps and bounds and those kind of things. So instead of trying to make adjustments to that each and every time a street location is to be changed in Town Center, we thought it would be better if we simply modified it so that we could setback from a established right a way line and allow the Planning Director discretion as to what is an appropriate location for structures and other uses within that area consistent with the Comprehensive Plan, as well as the design guidelines that apply to that area. Dorothy Wood: Item 24, is the City of Virginia Beach, an ordinance to amend the definition of outdoor plazas in the Central Business District. Is there any objection to this item? Hearing none. The final item is Item #25, the City of Virginia Beach an ordinance to delete the definition of setback baseline and amend certain setback requirements in the Pembroke Central District? Is there any objection to this? Hearing none. Mr. Ripley, I would like to move to approve the 14 items on the consent agenda. Number 1, 7, 8 with six conditions; number 10 with four conditions, number 14; number 16 with four Item #22, 23, 24 & 25 City of Virginia Beach Page 3 conditions; number 17 with eleven conditions; number 18 with four conditions; number 19 with eight conditions; number 21 with nine conditions and then number 22-25. Ronald Ripley: So that is the motion by Dot. Do we have a second? Charles Salle': Second. Ronald Ripley: Seconded by Charlie Salle'. Discussion? Ronald Ripley: Anybody else? Motion been made. Seconded and the abstention so noted. We are ready to vote. 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 11-0, motion passes. (Robert Miller abstained from Item #23, 24, and 25) 1 2 3 4 AN ORDINANCE TO ALLOW REDUCED SETBACKS FROM STREETS FOR CERTAIN BUILDINGS AND STRUCTURES IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT 5 6 SECTION AMENDED: City Zoning Ordinance ~ 902 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 902 of the City Zoning Ordinance is hereby amended and reordained, to read as follows: Sec. 902. Dimensional requirements. (b) The following chart lists the requirements within the B-3A Pembroke Central Business Core District for minimum lot area, width, and yard spacing for all uses and structures B-3A (1) Minimum lot area in square feet: 10,000 (2) Minimum lot width in feet:* 100 (3) Minimum oetbacks along ~ ~=p=~=~= ~u==v==~, measured in feet from the Minimum setback from a street, unless a reduced setback is allowed pursuant to subsection (bl) (4) Maxiumum setback from a street, unless a qreater setback is allowed pursuant to subsection (bl) 10 .............................. setbacks along ...... : ........ Drive, ~v~~o~-==~ ~ Jeanne o~reet, measure'd in feet from ~he .................... = .... street, -~ ............................. Core ....... k Base' = 50 ....................... along ......... Street ........ feet o== r~ent ioned herein, measured in feet from ....=~.= setback .......... ~=~===~: of the street, as~=-'-f~:= ......................... u~ ~: ~:~,,~w~: ~D Core~=~=~k ....... 43 ~=~-~=~,.~ setbacks ............... Street,~-~==~'~-:- o~treet .... Front .... eet ........... ~ ...... from ........... k ~ Core ............. ' ~ ..... p 48 46 47 48 49 5O 51 52 53 54 55 56 5'7 58 59 60 61 62 63 ~4 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 43 independence ............. to Front Street to ' ~' ~=, as measured :-- =--~ fror~ ~ ..... ~---'- bas-~ ~'-- =' ..... ' .... '-- ¢~ Core ....... " Base' = 40 ........ setback along ............................. Street to Front Street, as measured ................................ Basel' (5f/Maxrmumo=~=~ along~=~=- .............. ==~ Avenue from ~-~=~ ~==~ to Front Street, as moas ..... feet from .... setback .......... as 40 ~6~ (5) Minimum side yard setback in feet, unless other- wise identified herein or a greater setback is required by section 903: 0 -{-%')- (6) Minimum rear yard setback in feet, unless a greater setback is required by section 903: 0 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain owner lots. Except as otherwise provided herein, setbacks affecting only the first floor of multistory buildings may be increased by no more than twenty (20) feet in order to allow the creation of covered passageways within the B-3A District. In addition, building setbacks adjacent to roadway intersections may be increased to provide safe and reasonable line-of-sight clearances. COMMENT The amendments delete all references to the named streets within the B-3A Pembroke Central Business Core District, as they no longer are planned, and replace all setback requirements from those streets with a 5' minimum and 10' maximum setback requirement. The new setback requirements are, however, subject to reduction or expansion in accordance with the provisions of subsection Col). (bi) Notwithstanding the requirements of subsection (b), the Plannin~ Director may allow a creater or lesser setback from any street under the followinc circumstances: (1) The proposed development for which the reduced setback is souqht is of a type and quality consistent with the standards and quidelines set 91 92 95 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 12! 122 forth in the Comprehensive Plan and ~the Pembroke Central Business District Master Plan; (2) the proposed development does not include any buildincs or parcels which are not visual!v and functionally integrated into the entire development; (3) such setbacks do not compromise the intended goal of achievinc a safe, attractive, hiGh-quality, urban and pedestrian-oriented development; (4) the proposed development incorporates other recocnized urban design standards and principles that advance the intent of the B-3A Pembroke (5) Central Business Core District; if a reduced setback is soucht, such reduction will not cause undue interfere with the use of the public ri~ht-of-way by pedestrians; and (6) if an increased setback is sought, the urban character of the district will not be compromised. (b2) Applications for reduced or increased setbacks pursuant to subsection (bl) shall be submitted the Planning Director and shall include a detailed plan of development and streetscape plan showinc the relationship of all existing and proposed buildings, pedestrian improvements, sidewalks, parkinc lots, site landscaping and other physical improvements and such other information as ~he Planning Director may require as being necessary to determine whether the application meets the criteria set forth in subsection (bt) . <b3) In the event the Planninq Director denies an application for reduced or increased setbacks pursuant to subsection (b!), the applicant may appeal such denial to the City Council within twenty- one (21) days of ~he date on which the a~plication was denied. COMMENT 124 125 126 127 128 129 130 The amendments allow the Planning Director to allow reduced minimum or increased maximum setbacks from streets for buildings and structures in the B-3A Pembroke Central Business Core District which conform to all applicable requirements of the Comprehensive Plan and Pembroke Central Business District Master Plan and meet other designated criteria. The proposed ordinance also allows an applicant to appeal the denial of an application for reduced or increased setbacks to the Cit~' Council. 131 132 on Adopted by the ~Council of the City of the day of , 2002. Virginia Beach, Virginia, 133 134 135 136 137 138 139 140 CA-8339 wmmkordres kb- 3as etbackordin, wpd March 29, 2002 R-5 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plann~Department City Attorney's Office APPOINTMENTS: COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL VIRGD4IA BEACH HEALTH SERVICES ADVISORY BOARD YOUTH SERVICES COORDINATING COUNCIL L. UNFINISHED BUSINESS Mo NEW BUSINESS :-- :;. 1. ABSTRACT OF CIVIL CASES RESOLVED - April 2002 2. ABSTRACT OF VOTES IN COUNCILMANIC ELECTION MAY 7, 2002 N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, calI: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 05/09/02GW AGENDA\05/'I 4/02 www.vb,,ov.com CIVIL LAWSUITS RESOLVED DURING THE MONTH OF APRIL, 2002 £ynn Ann Nelson v. City of Virginia Beach - negligence Sentara Enterprises v. City of Virginia Beach - tax suit International Family Entertainment, Inc., v. City of Virginia Beach - tax suit Ancient Art Tattoo Studio, LTD v. City of Virginia Beach, Robert Loher, Administrator of Permits and Inspections and Phillip J. Kellam, Commissioner of the Revenue - challenge to City ordinance City of Virginia Beach v. Estate of Pauline Belcher - condemnation suit Robert S. PVillis v. Chief of SecuriO; Virginia Beach Pavilion; Chief Executive Officer, Virginia Beach Pavilion and City of Virginia Beach - violation of civil rights Note: Disposition details available on request from the City Attorney's Office ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2002 General Election, for: · Virginia, MEMBER CITY COUNCIL AT LARGE EN¥~:fl AT LARGE OR APPJROPRIATE DISTRICT OR WARD NAME Rita Sweet Bell/rte Rnhert M. "Rob' Dyer Andrea M. Kilmer Page G. Lea Carolyn R. Lincoln A. F. "Mike" Mitchell III Wendell E. Parker TOT,4£ VOTES 5,324 1 12,941 3,190 3?477 6,559 Total Write-in Votes ts= W~rTE-~NS CERTIFICATION] ............ 72 We, the unde~ign~ El~o~ Boa~ ~n exam/nation of the offi~al ~s depos~ ~h the Cle~ of ~e Ci~it Cou~ of the ele~ion held on May 7, 20~, do hereby ce~i~ that the above is a ~e a~ co~ Abst~a~ of Votes ~st at s~d eleven and do, therefore, determine and declare that the fo#o~ng person(s) has (have) receiv~ the greatest number of votes ~st for the a~ve office in said election: Rnn A. Villannovlt P~tor W. gehmidt Given under our hands this ,4 copy tesTe: 8th day of May, 2002. · Chairman , Vice Chairman · Secretary Secretary, Electoral Board Cit~ of VIRGINIA BEACH Member, CI~ Cou~dl ,,, AT t~Arc.~, ENTER AT I~RGE OR APPROPRIATE DISTRICT OR WARD NAME t~y 7, 200:. Page 2 of; N.4MZ$ OF C,4~ ~ ~ $~OWW ON ~4LtO? Peter W. Schmidt Ron A. Villanueva TOTA4 VOTES (~FmU~Zl .................................... 17,329 WRITE.INS CERTIFICATION , , . VIRGINIA BEACH__aw~ 'l~l' TOW~COU~IT,r Member Ci,ty Council OFFICE TITLE ~General Special Election At Large DISTRICT NAME OR NUMBER, IF APPLICABLE May 7, 2002 WRITE-INS - S~Y ta~qtrm~D] Page 1 of 1. Invalid Write-Ins ............................. 2. Valid Write-Ins .............................. 3. Total Write-ins .............................. [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES O. ABSTRACT FOR THIS OFFICE.) TOTAt VOTES RECEIVED 48 ENTER TOTAL INVALID 24 ENTER TO~'AL VAUD 72 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [R~au,REO ONLY IF {i} TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR liil A WRITE-IN CANOIDATE WAS ELE~I'EO TO THE OFFICE.] LIS'r VAUD WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTA4 VOTES RECEIVEO CONTINUED ON PAGES , THROUGH Given under our hands this ,4 copy testa: We, the undersigned Electoral Board, upon exam/nat/on of the off/cia/records deposited with the Clerk of the Circuit Court of the e/action held on May 7, 2002, do hereby certify that, with the continuation pages/nd/cared, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. ,~ ~~.'> g~ . Chairman ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2002 General Election· for: · Virginia· MEMBER CITY COUNCIL BAYSIDE DISTRICT ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME Louis R. Jones TOTA£ VOTES RECEIVED Total Write-In Votes [SEE w,rrE-~Ns cE~nF~cA~oN] ............ CONTINUE CANDIDATES ON PAGE 2.. SP NECE.~.~ARY We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 2002. do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: T,ouis R..Tonex Given under our hands this ,4 copy teste: 8th day of May, 2002. ~-~ · Chairman Vice Chairman , Secretary Secretary, Electoral Board WRITE-.EVS CER TIFICA TION VIRGINIA BEACH__ Member City Council OFFICE TITLE Bayside District DISTRICT NAME OR NUMBER, IF APPLICABLE ~General Special Election Page May 7, 2002 1 I Invalid WHte-lns 2. Valid Write-Ins .............................. 3. Total Write-Ins [EN'i'ER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.J 7'OT,4t VOTES RECEIVED 346 ENTER TOTAL INVALID ,107 ENTER TOTAL 453 ADD LINES '1 AND 2 VALID WRITE-INS - DETAIL [REOU,.ED ONLY IF {ii TOTAL NUMBER OF WRITE-INS IS 5 % OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR {ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.I LIST VALID WR/TE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAZ VOTES RECEIVED CONTINUED ON PAGES THROUGH We, the undersigned E/ectora/ Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that, w/th the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this A copy resre: Board i 8th day of May. 2002. , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2002 General Election, for: · Virginia, MEMBER CITY COUNCIL BEACH DISTRICT ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF CANO/DATE$ AS $#OWN ON eAI, ZOT TOTAL VoTEs RECEIVED [i~v Fsov~ES) Samuel B. "B.A." Andrews ...................... 7.607 Richard W. "RK" Kowalewitch ...................... 12.081 Richard A. Maddox ...................... 22,076 Total Write-in Votes [s~ w~rrE-~ns CE~F~CA~O.] ............ 121 CONTINUE CANDIDATES ON PAGE 2. IF NECESSARY We, the undersigned Electoral Board, upon examination of the official records deposited with the Cleric of the Circuit Court of the election held on May 7, 2002, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: Richard A. Maddox Given under our hands this A copy teste: 8th day of May, 2002. · Chairman , Vice Chairman · Secretary Secretary, Electoral Board WRITE-INS CER TIFICA TION TOWWCOu~r~ VIRGINIA BEACH~ii~c~W- Member City Council OFFICE TITLE ~General Special Election May 7, 2002 Beach District DISTRICT NAME OR NUMBER, IF APPLICABLE Page I of ] WRITE-INS - SUMMARY tm~qtnm~r] 1. Invalid write-Ins 2. Valid Write-Ins 3. Total Write-Ins .............................. iENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.~ TOTAt VOTES RECEIVED flw 103 ENTER TOTAL INVALID 18 ENTER TOTAL VALID 121 AOD LINES 1 AND 2 VALID WRITE-INS - DETAIL ["EOU,RED O.LV ,F Ii) TOTAL .UM.ER OF WR,TE-,.S ~S 5% OR UO,E oF TNB TOT*L.UMBER DF VOTES CAST FOR OFFICE OR Iii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL VOTES RECEIVED [l~v CONTINUED ON PAGES THROUGH We. the undersigned Electoral Board. upon examination of ~he off/c/al records deposited with the Clerk of the Circuit Court of the elect/on held on May 7. 2002. do hereby certify that. with the continuation pages indicated. the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands rh/s A copy reste: 8th day of May. 2002. ' ~-'~ ~ ,.-/) ,Chairman "'~. : ~i :-~---. ~, Vice Chairman Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2002 General Election, for: · Virginia, MEMBER CITY COUNCIL LYNNHAVEN DISTRICT ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF CAA/O/DAT~ES AS SHOWN O~ ~A/.ZOT TOTAL VoTes RE-CE/t/ED (i~v F~GUnE$/ Richard P. "Rick" Anoia ...................... 11~794 Peter B. Langlands, Jr. 9,516 James L. "Jim" Wood ...................... 20.634 Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ............ 52 We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the Circuit Court cf the elect/on held on May 7, 2002, do hereby certify that the above is a true and correct Abst[act of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: James L. "Jim" Wood Given under our hands this A copy tesre: 8th day of May, 2002. · · Chairman , Vice Chairman · Secretary Secretary, Flectoral Board WRITE.INS CER TIFICA TION VIRGINIA BEACH_._ Member City Council OFFICE TITLE ~General Special Election May 7, 2002 Lynnhaven District DISTRICT NAME DR NUMBER, IF APPLICABLE Page 1 of WRITE-INS - SLTMMARY m.E(~v3P~Z)] RECEIVED 1. Invalid Write-ins ............................. 2. Valid Write-Ins .............................. 3. Total Write-Ins .............................. [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-iN VOTES ON ABSTRACT FOR THIS OFFICE. J 46 ENTER TOTAL tNVAUD , 6 ENTER TOTAL VAUD 52 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [~aU,.EO ON, V,F Ii) TOTAL NU~,E. OF WR'TE-*~S 'S S% OR MORE OFTHE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR {ii} A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE,J LIST VALID WR/TE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE ~. ABOVE· RECEIVED CONTINUED ON PAGES THROUGH We. me undersigned Electoral Board. upon exam/nat/on of the off/cia/records deposited with the Clerk of the Circuit Court of the election held on May 7. 2002. do hereby certify that. with the continuation l~ages indicated. the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this Boa. rd Scsi 8th day of May, 2002. / , Chairman " ~~x, Vice Chairman Secretary, Electoral Board ABSTRACT OF voTEs cast in the City of VIRGINIA BEACH at the May 7, ;2002 General Election, for: , Virginia, MEMBER CITY COUNCIL PRINCESS ANNE DISTRICT ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME JVAME$ OF CANDIDATES AS SHOWN ON BALZOT TOTA4 Vows RECEIVE~ #N Barbara M. Henlev J. M. "Jim" Reeve ...................... 21.248 ...................... 21~748 Total Write-in Votes [SEE WRrrE-~.S CamF,CA~O.] ............ 97 COIgTi~l£ CANDIDATES ON PAGE ~., IF NEC~RY We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7. 2002, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: J. M. "Jim" Reeve Given under our hands this .4 copy teste: 8th day of May, 2002. · Chairman Vice Chairman · Secretary Secretary, Electoral Board WRITE-INS CER TIFICA TION VIRGINIA BEACH ~1TOw~VCOu.~ Al. ~ Member City Council OFFICE TITLE Princess Anne District DISTRICT NAME 0R NUMBER, IF APPLICABLE ~General {~ Special Election May 7, 2002 Page 1 of WRITE-INS - SUM1VIARY ~qwm~m 1 Invalid Write-ins 2. Valid Write-ins .............................. 3. Total Write-Ins .............................. [ENTER THIS FIGURE ON LINE FOR TOTAL WI:lITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.J TOTA~ VOTES RECEIVED l#v Ft~UnES) 92 ENTER TOTAL INVALID 5 ENTER TOTAL VALID 97 ADD LINES I AND 2 VA LID WRITE-INS - DETAIL [REOU,RED e.LV iF (i) TOTAL NUMBER OF WRITE-I.NS IS 50~ OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR [ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTA~ VOTES RECEIVED fin FtGUR£S) CONTINUED ON PAGES THROUGH We, the undersigned E/eczora/ Board, upon exam/nat/on of the off/c/a/records deposited with the Clerk of the Ci£cu/t Court of the election held on May 7, 2002, do hereby certify that, with the continuation pages indicated. the above is a rrue and correct certification of the write-in voids cast at said election for the office indicated above. Given under our hands this A copy testa: 8th day of M,,~,, 200'~.".~ ~ ,' '~ ~"~'J , Chairman ~' ~:;'~:"' '- , Vice Chairman ~~ ~'- ~~ , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2002 General Election· for: MEMBER SCHOOL BOARD AT LARGE ENTER AT lARGE OR APPROPRIATE DISTRICT OR WARD NAME Tom B. Rothrauff~ Sr. Arthur T. Tare Dale W. Tvree Carolyn D. Weems · Virginia, TOTA~ VOTES [I/v F/ouRs) 8.729 19,942 ...................... 14~791 ...................... 24.023 Total Write-In Votes [SEE WRITE-laS CERTIFICATION] ............ 72 CO/~rr#v~E CAAIDi~A TE$ ON ~AG£ 2. IF NE~E,$ARY We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the foJlowing person (s) has (have) received the greatest numDer of votes cast for the aOove office in said election: Carolyn D. Weems Arthur T. Tate Given under our hands this A copy teste: 8th day of May, 2002. , Chairman ,, Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CER TIFICA TION VIRGINIA BEACH__ ~1 TOW~VCOu~Y _~ ciTY :Member School Board OFFICE TITLE ~:Geaeral Special Election May 7, 2002 At Large DISTRICT NAME OR NUMBER, IF APPLICABLE Page I of WRITE-INS - S~Y ~XQWR~v] 1. Invalid write-Ins ............................. 2. Valid Write-Ins .............................. 3. Total Write-Ins .............................. [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE,J TOTAL VOTES RECEIVED (l~v F/ao~ES! 56 ENTER TOTAL INVALID 16 ENTER TOTAL VAUD 72 ADD LINE5 1 AND 2, VALID WRITE-INS - DETAIL [REaU,.ED ONLY IF {i} TOTAL NUMBER OF WRITE-INS IS 5 % OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR {ii} A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE'INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LiNE ~. ABOVE. TOTAL VOTES RECEIVED (ltv ~ClGUR£$) CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board, ul;on exam/nation of the off/cia/records deposited with the Clerk of the Circuit Court of the election held on May ?, 2002, do hereby certify that, w/th the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this A copy testa: 8th day of May, 2002. '" ;?'~' "-' /c~'~'' ...... ~F' Chairman ' · - :// '"' e Chairman '-q'"' )'~"~ ~ , Secretary Secretary, Electoral Board ABSTRACT' OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2002 General Election, for: · Virginia, MEMBER SCHOOL BOARD BAYSIDE DISTRICT ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF TOTAL VOTES RECEIVED Dan R. Lowe ...................... 29~421 Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ............ 269 CONTINUE C.4NDJI~A TE$ ON PAGE 2, IF N£CE~g4RY We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: Dan R. Lowe Given under our hands this ,A copy teste: 8th day of May, 2002. ., Chairman · Vice Chairman , Secretary Secretary, Electoral Board WR~TE-INS CER TIFICA TION VIRGINIA BEACH _ Member School Board OFFICE TITLE ~General Special Election May 7, 2002 Bayside District DISTRICT NAME DR NUMBER, IF APPLICABLE Page 1 of ] WRITE-INS - SUM1YIARY [~Qv-zm~v; TOTAL VOTES RECEIVED 1. Invalid Write-Ins ............................. 2. Valid Write-Ins .............................. 3. Total Write-Ins .............................. [ES'I'EFt THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] 242 ENTER TOTAL IN'VAUD 27 ENTER TOTAL V/LiD 269 ADD LINES 1 AND 2. VALID WRITE-INS - DETAIL [REOUlnED ONLY IF ri) TOTAL NUMBER OF WRITE-iNS IS 5 % OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELEt'TEO TO THE OFFICE.] LIST VAUD WRITE*INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE ~. ABOVE. TOTAL VOTES RECEIVED CONTINUED ON PAGES THROUGH . We, the undersigned Electoral Board, upon exam/nat/on of the off/c/a/records deposited with the Clerk of the Circuit Cou~ of the elect/on held on May 7, 2002, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes casr at said election for the office indicated above. Given under our hands this copy resre: 8th day of May, 2002. , Chairman Q~~ce Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2.002 General Election, for: · Virginia, MEMBER SCHOOL BOARD BEACH DISTRICT ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME JVAM£$ OF CAIVD/DAT~$ AS $~¢0t4/11t O/it BAllOT TOT,~t VOTES ## F/GURESJ Jane S. Brooks ...................... 29.242 Total Write-in Votes [SEE wRrrE-~NS CERTIFICATION] ............ 276 CO~/7'#VU£ C.4~DID~ TE$ ON P,~G£ 2.° IF We, the undersigned Electoral Board, upon examination of the official records deposited with the Clem of the Circuit Court of the election held on May 7, 2002, do hereby certify that the above is a true and correct Abst[act of Votes cast at said election and do, therefore, determine and declare that the folJowing person(s) has (have) received the greatest number of votes cast for the above office in said election: ,lane S. Brooks Given under our hands this ,4 copy teste: 8th day of May, 2002. · Chairman ,, Vice Chairman · Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION VIRGINIA BEACH__ Member School Board OFFICE TITLE Beach District DISTRICT NAME OR NUMBER, IF APPLICABLE ~General Special Election May 7, 2002 Page I of WRITE-INS. SU]VIMARY 1. Invalid write-ins 2. Valid Write-Ins 3. Total Write-Ins [EN~R TH,S F,GU.E ON TOTAL VOTES RECEIVED lIN FIGURES} 250 ENTER TOTAL INVALID 26 ENTER TOTAL VAUO 276 ADD LINES 1 AND 2 VA LID WRITE-INS - DETAIL [RE~U,.ED ONlY ~. "1TOTA~ NU~aER O~ WR,TE-*NS ,S S % O. MORE OF THE TOTAL NUMBER DF VOTES CAST FOR OFFICE OR {iii A WRITE-iN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VALID WR/TE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALI. VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAZ VOTES RECEIVED fin FIGURES7 CONTINUED ON PAGES THROUGH We. the undersigned Electoral Board. upon examination of the off/cia/records deposited with the Clerk of the Circuit Court of the elect/on held on May 7. 2002. do hereby certify that. with the continuation pages indicated. the above is a true and correcz certification of the write-in vo~es cast at said election for the office indicated abo ye. Given under our hands this A copy reste: 8th day of May, 2002. · '~~,, '~' ~~?, , Secretary ~ / Secretary. Electoral Board ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7, 2002 General Election, for: MEMBER SCHOOL BOARD LYNNHAVEN DISTRICT ENTER AT lARGE OR APPROPRIATE DISTRIC'F OR WARD NAME ~VAJvI£$ OF CANDIDATES AS SNOWllf ON ~ALLOT Emma L. "Em" Davis ...................... · Virgin ia, TOTAL VOTES R~C£~VED [i~1 F~GUR£$J 30.374 Total Write-In Votes [SEE WRITE-INS CERTIFICATION] ............ 297 COIVT'INUE CANDIDATES ON PAO£ ,~. IF NECE.~.~ARY We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that the above is a true and correct Abst[act of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: Emma L. "Em" Davis Given under our hands this A copy teste: 8th. .. day of May, 2002. !.-,..~.:' .- ~ ( -... · Chairman Vice Chairman , Secretary Secretary,, Electoral Board WRITE.INS CER TIFICA TION VIRGINIA BEACH ..... L,I TOW~VCOu~rrr ~j[ cl~ Member School Board OFFICE TITLE ~General Q Special Election May 7, 2002 Lynnhaven District DISTRICT NAME 0R NUMBER, IF APPLICABLE Page 1 of WRITE-INS - SIfMMARY rm~qtam~m RECEIVED 1. Invalid Write-ins ............................. 2. Valid Write-Ins .............................. 3. Total Write-Ins .............................. [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OF~,CE.] 268 ENTER TOTAL ]NVAUD 29 ENTER TOTAL VALID 297 ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL [.EGU~.EO ONLY Ir Iii TOTAL.NM.ER Or W.,TE-,aS IS S % OR ~ORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR {ilJ A WRITE-IN CANOIDATE WAS ELEOTE0 TO THE OFFIOE.~ LI'ST VAUD WRFTE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE ~7 ABOVE. TOTAl. VOTES RECEIVED CONTINUED ON PAGES THROUGH We. the undersigned Electoral Board. upon exam/nat/on of the off/cia/records deposited with the Clerk of the CZrcuit Court of the election held on May 7. 2002. do hereby certify that. w/th the continuation pages indicated. the above is a true and correct certification of the write-in votes cast at said ejection for the office indicated above. Given under our hands this~ h~t. day of May. 2002. · A copy re, re: ". -.~7 ./  __' ,',-~'x.. ~ .-' , Chairman " -'-- ~ ~ , Vice Chairman Board  " ""'~"<'-'-'" *'" - '"'"~" ~ Secretary ABSTRACT OF VOTES cast in the City of VIRGINIA BEACH at the May 7~ 2002 General Election, for: ,Virginia, MEMBER SCHOOL BOARD PRINCESS ANNE DISTRICT ENTER AT LARGE OR APPROPRIATE DISTRICT' OR WARD NAME /i/AMES OF CA/VOID,4TE$ AS SHOWIV Oat ~41.40T D. A. "Al" Ablowich Lois S. Williams TOTAL VGI~$ f/at F/GUnESI 18~889 19,501 Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ............ 143 COt~/TlatLfE CANDIDA TE$ ON PAGE 2. Ac NECZ.~..~AI~IY We, the undersigned ElectoraJ Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above off/ce in said election: Lois S. Williams Given under our hands this A copy reste: 8th day of May, 2002. , Chairman , Vice Chairman , Secretary Secretary, Electoral Board WRITE-INS CERTIFICATION VIRGINIA BEACH ..... U TOW~COu~-~ ~j[ ~ Member School Board OFFICE TITLE ~Geaez~! Special Election May 7, 2002 Princess Anne District DISTRICT NAME OR NUMBER, IF APPLICABLE Page 1 of ] WRITE-INS - SUMI~Y [~zq~m~vj 1. Invalid WHte-lns 2. Valid Write-Ins 3. Total Write-Ins .............................. [ESTER THIS FIGURE ON LIHE FOR TOTAL WRITE-IH VOTES ON ABSTRACT FOR THIS 0FFICE.I TOTAt VOTES R£CEIVED [I~v 125 ENTER TOTAL INVAUD 18 ENTER TOTAL VAUD ]43 ADD LINES 1 AND ~. VA LID WRITE-INS - DETAIL [REQUIRED ONLY IF (J) TOTAl. NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR {ii} A WRITE-iN CANDIDATE WAS ELECTED TO THE OFFICE.] LIST VAUD wRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOT,~Z VOTES RECEIVED CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board, upon exam/nat/on of the off/c/a/records deposited with the Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. th Given under our hands this 8 A copy resre: day of May, 2002. .-:' ..... ~"' ~- ~~'~'- ~' , Chairman (' '~:i~&~,'-~ . .,~" i.. ~ ~ Vice Chairman --~" ' , Secretary j ·