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AUGUST 13, 2002 AGENDA
ITY CITY COUNCIL MA YOR MEYERA E. OBERNDOR~, At-Large VICE MAYOR ROBERT C MAND1GO. ,IR., Kempsville - District 2 MARGARET L. EURE. Centerville - District 1 LOUIS R. .JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - Distr~ct 3 RICHARD A. MADDOX, Beach - District 6 `tIM REEVE, Princess Anne - District 7 PETER 14< SCHM1DE At-Large RON A. V1LLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 dAMES K. SPORE. City Manager LESLIE L. LILLEE City Attorney RUTH HODGES SMITH, MMC, City Clerk OF VxRO!NIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycncl~vbgov. corn August 13, 2002 REVIEW OF AGENDA ITEMS - Conference Room - 3:30 II. CITY COUNCIL COMMENTS III. INFORMAL SESSION - Conference Room - 4.:01 A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber - 6:00 A. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend James R. Wol£cale Atlantic Shores Baptist Church Co PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL AND FORMAL SESSION August 6, 2002 MAYOR'S PROCLAMATION 1. MUSCULAR DYSTROPHY ASSOCIATION'S FIREFIGHTER APPRECIATION WEEK August 18-24, 2002 Ho PUBLIC HEARING 1. AGRICULTURAL RESERVE PROGRAM (ARP) - 2592 West Landing Road I. AGENDA FOR FORMAL SESSION J. ORDINANCES Ordinance to AUTHORIZE MELVIN H. EATON, EATON FIELDS, LLC, MELVIN H. EATON FAMILY LIMITED PARTNERSHIP and EATON ASSOCIATES acquisition of an Agricultural Reserve Preservation (ARP) easement at 2592 West Landing Road and issuance of contract obligations in the maximum principal mount of $542,020. (101.80 acres) (DISTRICT 7 - PRINCESS ANNE) Ordinance to AMEND §§ 35-253, 35-254, 35-258, 35-259, 35-260, 35-263 and ADD § 35-258.1 of the City Code re administration and collection of local telecommunication. service taxes. o Ordinance to APPROPRIATE $37,500 from the Oyster Heritage Trust Fund and TRANSFER $50,000 from the reserve for contingencies to the Department of Agriculture's FY 2002-2003 budget re supporting the Lynnhaven Heritage Oyster Plan and construction of reefs. Ordinance to ACCEPT and APPROPRIATE a $30,000 grant from the Southeastern Tidewater Opportunity Project, Inc., and; AUTHORIZE the City Manager to enter into a contract re the STOP Summer Youth Program. o Ordinance to APPROPRIATE $14,715 in the LibrarY Gift Fund to the FY 2002-2003 budget of the Public Libraries re additional materials and equipment: ao Central Library and Branches - $13,000. Special Services for Blind and visually handicapped - $ 600. South Rosemont Youth Library - $ 1,115. o Ordinance to AUTHORIZE temporary encroachments into a portion of Pike Inlet Canal by CHARLES F. and DONNA C. EARP re construction and maintenance of an existing pier, bulkhead and proposed boat lift at 333 Teal Crescent. (DISTRICT 7 - PRINCESS ANNE) Ko PLANNING 1. Application of CURTIS E. and RI-IONDA L. BOWEN for the replacement of a nonconforming use at 2221 Salem Road, containing 40,000 square feet. (DISTRICT 1 - CENTERVILLE) Staff Recommendation: INDEFINITE DEFERRAL Application of NELLIE M. SCHUYLER for the expansion of a nonconforming use to enlarge a single family dwelling in R-40 District Lots 3 'and 4, Kings Grant, at 3021 Bray Road, containing 1.45 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: DENIAL Application of JOHN S. DUDLEY for a Variance to Section 4.4(b) of the Subdivision Ordinance re all newly created lots must meet the requirements of the City Zoning Ordinance (CZO) at 1868 and 1872 Malbon Road. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Application of VERONICA LITTLE BEASLEY for a Conditional Use Permit for a family day-care home at Forest Glen Road and Windsor Oaks Boulevard (3901 Forest Glen Road), containing 10,500 square feet. ( DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL o Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North Landing and West Neck Roads, containing 65.1 acres: (DISTRICT 7 - PRINCESS ANNE) ao Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-30 Residential re single family lots no less than 30,000 sq. ft. b. Conditional Use Permit re Open Space Promotion Variance Appeal re certain elements of the Subdivision Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce required street width Recommendation: APPROVAL Application of RANDEE MARIE HOLMES for a Conditional Use Permit for a home daycare at Blue Knob Road west of Cannan Valley Avenue (1952 Blue Knob Road), containing 7,500 square feet. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL 7. Applications of the CITY OF VIRGINIA BEACH: go Modification of a Conditional Use Permit to fill a borrow pit (approved by City Council on April 27, 1964), located on the north side of the Norfolk-Southern Railway right-of-way, west of Airstation Drive (DISTRICT 6 - BEACH) bo Ordinance to AMEND the City Zoning Ordinance(CZO) re Sign regulations in the B-3A Pembroke Central Business Core District Recommendation: APPROVAL L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COIG SOCIAL SERVICES BOARD TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION UNFINISHED BUSINESS No NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - July 2002 O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call thc CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 08/08/02slb AGENDA\08/13/02 www.vbgov.com August 13, 2002 I. REVIEW OF AGENDA ITEMS - Conference Room - 3:30 PM II. CITY COUNCIL COMMENTS Ill. INFORMAL SESSION - Conference Room - 4.:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend James R. Wolfcale Atlantic Shores Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL AND FORMAL SESSION August 6, 2002 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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. MAYOR'S PROCLAMATION 1. MUSCULAR DYSTROPHY ASSOCL~TION'S FIREFIGHTER APPRECIATION WEEK August 18-24, 2002 Virginia Seach Professionalq~irefighters are dedicatedto the safety of life and property from the devastating effects of fire, and for the past forty-e~ht years, firefighters in Virginia and throughout the nation have joined the 9vluscularq)ystrophyAssociation in the fight against neuromuscular diseases; and Girefighters collected more than $15 million nationwide for g v IDA in 2001, again making them 9vI~DA's largest source of funding; and Through their daily service to our community and their dedication to the Muscular Dystrophy Association, Virginia Seach Professional q~irefighters contribute greatly to the well-being andquality of l~fe of allcitizens; and In honor of the efforts of Virginia Seach Professionalqcirefighters, the 9~luscularDystrophyAssociation is sponsoring q:irefighterAppreciation Week fromAugust 18 through August 24, 2002; and The Virginia Seach community shares in the hope that cures are found for neuromuscular diseases: How, Therefore, I, 5~4eyera B. Oberndo~ 9vlayor of the City of Virginia Seach, Virginia, do hereby Proclaim: August 18-24, 2002 q irefighterAppreciation Week In Virginia Seach, and I call upon all citizens to consider supporting 'the 5~4uscular Dystrophy Association's Bill the Soot campaign, and to join the 9ffuscular Dystrophy Association in its tribute to the members of the Virginia Seach Gire Department. In Witness Whereof, I have hereunto set my handandcaused the OfficialSealof the Oty ,inia Seach, Virginia, to be affixedthis Bighth day of August, Two Thousand T~vo. 9vleyera B. Oberndorf 5~4ayor PUBLIC HEARING 1. AGRICULTURAL RESERVE PROGRAM (ARP) 2592 West Landing Road I. AGENDA FOR FORMAL SESSION THE BEACON Sunday, July 28, 2002 THE BEACON Sunday, August 4, 2002 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENI$ FOR IHE ACQUISITION OF DEVELOPMENI* RIGIITS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA ' Nolice is hereby given that Ihe City Council of the City of Vi~inia Beach, Virginia, will hold a Public hearing with respect to the execution and delivery of Installment Purchase AWeernenls for the acquisition o! agricultural land preservation easements with respect to land located at 2592 West Lending Road, in the City el Virginia Beach. Virginia, auu. u,u,,~.ce, WhiCh estaolisnes an agricultural reserve pro- gram for the southern portion of the City designated to (a) Promote and encourage the preservaUon of famland, (b) preserve el)eh spaces and Ute ar.ea's rural character, (c) conse~e and protect environmentally ~uer~st}~ve_.r_esourc~.s, Id) r. _e~u. ce and de..f, er the need for major infrastmc. · = ,~pmvem~ms ar~ the expendtture of Public funds fo~ such tmprovements, and (e) assist in shaping the character, direction and timing of cmnmunity developmenl. Such easements will be pur- chased Pursuant to installment Purchase Agreements for an aggre- gate estimated maximum purchase price el $542,020. ]he City's obiigalion to pay the purchase price under U~e Installment Purchase Agreements is a general obligalion of the City. and the lull laith and credit and the unlimited taxing POwer of the City will be irrevocably pledged to the Punctual payment of lite purchase price and the inter* est on the unpaid principal balance of the purchase price as and when the s~me respectively become due and payable The bi* r whic. h may he co~ltinued or adjourned wi. ~ ~-;.;-, ~ ..,Pu ~...K:. h_ea irl~. on , . . .~ .~u uy me f,;i Council ~_ .~.u?2_~?. 20o?: aL 6:oo p.m. i, the Cit~ Council Ch ~ uH L~c ~rl0 llO0~' Of 11 ' . . a __r Iocaled ,. ........... t e Ctty Hall Braiding at the Municipal Cenr~ ,,r fh,. ~,P,y UT vlr Irlia - · r-- ..... u~ ........ ~ __ ..l~ea.ch. V!rgrnia. Any person Interested in Ibis ,,my ol4J~r ano De flear(~, matter CITY OF VIRGINIA BE. ACH. VIRGINIA Ruth Hedges Smith. MMC City Clerk . Virginia Beach Beacon July 28 and August 4. 2002 9037765 J. ORDINANCES o Ordinance to AUTHORIZE MELVIN H. EATON, EATON FIELDS, LLC, MELVIN H. EATON FAMILY LIMITED PARTNERSHIP and EATON ASSOCIATES acquisition of an Agricultural Reserve Preservation (ARP) easement at 2592 West Landing Road and issuance of contract obligations in the maximum principal amount of $542,020. (101.80 acres) (DISTRICT 7 - PRINCESS ANNE) Ordinance to AMEND §§ 35-253, 35-254, 35-258, 35-259, 35-260, 35-263 and ADD § 35-258.1 of the City Code re administration and collection of local telecommunication service taxes. Ordinance to APPROPRIATE $37,500 from the Oyster Heritage Trust Fund and TRANSFER $50,000 from the reserve for contingencies to the Department of Agriculture's FY 2002-2003 budget re supporting the Lynnhaven Heritage Oyster Plan and construction of reefs. Ordinance to ACCEPT and APPROPRIATE a $30,000 grant from the Southeastern Tidewater Opportunity Project, Inc., and; AUTHORIZE the City Manager to enter into a contract re the STOP Summer Youth Program. Ordinance to APPROPRIATE $14,715 in the Library Gift Fund to the FY 2002-2003 budget of the Public Libraries re additional materials and equipment: Central Library and Branches - $13,000. Special Services for Blind and visually handicapped - $ 600. South Rosemont Youth Library - $ 1,115. Ordinance to AUTHORIZE temporary encroachments into a portion of Pike Inlet Canal by CHARLES F. and DONNA C. EARP re construction and maintenance of an existing pier, bulkhead and proposed boat lift at 333 Teal Crescent. (DISTRICT 7 - PRINCESS ANNE) CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $542,020 (Melvin H. Eaton, Melvin H. Eaton Family Limited Partnership and Eaton Associates, and Eaton Fields, LLC) MEETING DATE: August 13, 2002 Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eighteen (18) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses)for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. Considerations: The subject property consists of three (3) parcels of land having approximately 101.80 acres outside of marshland or swampland. It is owned by Melvin H. Eaton, Melvin H. Eaton Family Limited Partnership and Eaton Associates, and Eaton Fields, LLC. Under current development regulations, there is a total development potential of six (6) single-family dwelling building sites, none of which would be reserved for future development. Thus, the preservation easement acquired by the City would cover approximately 101.80 acres. The site, which is shown on the attached Location Map, is located at 2592 West Landing Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $542,020. This price is the equivalent of approximately $5,324 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 5.00% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 7.00% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. Recommended Action: Adoption Submitting DepartmentJAgem City Manager: Department of Agriculture Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. Alternatives: The City Council may decline to purchase the development rights to the property. RecommendationS: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office) Eaton Land Old ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $540,020 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), A~pendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a surmmary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $540,020; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of 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 interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.00% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.00% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 2 68 69 Adopted by the Council of the City of Vir.ginia Beach, Virginia, on this day of , 2002. 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. 72 73 74 75 CA8560 arppurchase/eaton/eatonord · wpd R-1 July 19, 2002 76 77 78 79 APPROVED AS TO CONTENT: Ag~i~u~re Depart~nt APPROVED AS TO LEGAL SUFFICIENCY: L[w~ ~epartment 80 81 82 APPROVED AS TO AVAILABILITY OF FUNDS: Finance D~partment { 3 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-50 SUMMARY OF MATE.RIAL TERMS SELLER: Melvin H. Eaton, Melvin H. Eaton Family Limited Partnership and Eaton Associates, and Eaton Fields, LLC PROPERTY LOCATION: 2592 West Landing Road PURCHASE PRICE: $540,020 EASEMENT AREA: 101.80 acres more or less DEVELOPMENT POTENTIAL: 6 single-family dwelling sites (6 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 5.00% (actual rate to be determined when STRIPS are purchased prior to execution of [PA). Rate may not exceed 7.00% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from [PA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of[PA. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The HonOrable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Amend the City Code Pertaining to the Administration and Collection of Local Telecommunication Service Taxes. MEETING DATE: August 13, 2002 Background: The City of Virginia Beach levies a tax on persons purchasing local telecommunication service. The City Code, at Article XIII of Chapter 35, outlines how this tax is to be administered, but does not specify any duties or responsibilities of the Commissioner of the Revenue. The attached ordinance, if adopted, will establish administrative procedures that are similar to ones already established for other local taxes, and will clearly set forth the duties and responsibilities for administering these taxes. Considerations: Currently, telecommunication tax payments for land based service go to the Commissioner of the Revenue, while tax payments for mobile service go to the Treasurer. The proposed changes, if adopted, should simplify and improve the process by which telecommunication taxes are assessed and collected. Tax payments for both types of service would go to the Commission of the Revenue, as all other trustee tax payments do. The proposed changes amend three sections and add a new section to the City Code. Section 35-253 is amended to update the definitions applicable to the telecommunication tax ordinance. Section 35-258 is amended to (i) establish a penalty for filing late reports of taxes collected; and (ii) change the existing penalty for failing to remit taxes so that it is consistent with the Code of Virginia. Section 35-260 is amended to specifically set forth the duties and responsibilities of the Commissioner of the Revenue and the Treasurer in administering this tax, and finally, § 35-258.1 is added to establish a procedure for addressing situations in which the service provider fails to make reports or remit taxes. Recommendations: Approval Attachments: Ordinance Recommended Action: Approval Submitting Department/A,genc~y~ City Attorn~ City Manag~ )~ ,~~o~. F:~Dat~gATY~Ordin\NONC~DE\telecom munications tax.arf.wpd 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE ADMINISTRATION AND COLLECTION OF LOCAL TELECOMMUNICATION SERVICE TAXES SECTIONS AMENDED: 35-253, 35-254· 35-258, 35-259· 35-260 a~d 35-263 SECTION ADDED: 35-258.1 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-253, 35-254, 35-258, 35-259, 35-260, and 35- 263 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained, and a new Section 35-258.1 is hereby added, to read as follows: Sec. 35-253. Definitions. Except where the context clearly indicates a different =-~ ....... in this article definitions of words and meaning phrases related to telecommunication or enhanced 911 service shal~ be provided by the provisions of Sections 58.1-3812{J) and 58.1- 3813.1(A) of the Code of Virqinia., when used ~hzs ...... for purpo--- them group .... ' have ~- same meanzng ~o~=~ to ~t zn however, .... ~,~, for purposes "entity" ~ ............ to ...... = .... -- of ~ ~=~ o=~ debts means any ~~ .................. ' ............. the ~=~oo charges for ....... ==~ no~ otherwzse ==~u~= or =~=u==~.~=, that hao become ........... ~= =**= portzon of the ===,,=~ to be ~ zs .................. ~ .......... ' ..... I report and pay ~,,,_ o~o=~=,,~ pa the o= v~= pzov~der o**~ tax ,~** that ~==~.,~** ,.,~,~.~.**~ the reportmng w=~u~ -~,, ~,,~-~-** th,-. 34 payment is made. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 Consumer means ~ person .**~, ~**~v~~ ~ through agents, empl~yees, officers, representatives, or permittees, makes a taxable purchase of local te .............. Enhancer services means rosy.ices that employ computer ~z~=o=~ applications to act on ~,~= format, code, or ........ ' -. aspects of .... =~= information transmitted; provide=~=~=ional, informa~mon; or involve interaction wit?, computerized system to automat'--''-- route emergency .......... ~o ~ to the proper ~~ answering_,...., ,,.., .,.. ~. .~ ,... .... serving the jur~o=~Ction-' - -'-' '-,...,-,...,*- ............. ,,, ,. ., -~ ,.., ,. ,. the emergency tole one call was selective routing of telephone~=~o, ..... au~.~==~=- telephone nu~ez *~=-=~fication, and automatrc location **=~=~**, =he amoun~ charged os F~= =~ ~**= ~axable purchase cz local .............. '--=: ..... '--- - ~=~=~,,~,,~,,~~,, o=~v~=o. However, "gzoso charges" shall not : ......... ~-**~. ~,= the Charges oz amountsw=---~ ...... that v==] ~o=~ ..... ~,, ~-~**=- =~o=ance-':-= that ~= separately stated on the consumez'~ ~ cz invoice; amounts~=~---:-~ for customer equipment, equipment that~o: leased or rented by =**= customei source, zfo~** ..... charges or amounts separately ........................... amount- charged services on the service provider's~ ....... and records; 2 66 67 68 69 70 71 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 for .... ~ ~ services, 3. Charges or amounts ~=~ seconnection, late payments, o~ roamer ~o~i surcharges, 4. Cha£ges cz amounts ~=~ for.o~=~=~ f=~=o .... are not .... : .... ~ -~ the Internal to - 1___ the tax ......... w3 section other tax or surcharge ~ ......... by statute, u~_,,=,,~ or ==~l=t~=3 authority, or 6 ~--' debts Local telecoz,:municatio~ service, >=ujec~ to the exclusions forth herein,~~=~,~ .................. ~'[~ Izmzta=zon, =he two way local transmission of messages =~=uu~ use of o~=~,=~ ~=~ ~=~=F~u~.,, services; telegraph services; teletypewriter; =~=~ ~==~=== ,"~==" ............ of two way ~,,~= a~,, stationary two way , or any ~=~ ~,, ..... -'--~ to the exclusions Local telephoneo=~=, ..................... ~ .... ' =o local herein,~,~u~=o~--~'-~-- any ou~j=~ to ~=~=~=~ taxatio~ or &~y s~ccessor ..... :'- local telecommunication o=~= means any two way ............ and ....... i · o~=~ zed mobile purchase of such service ox on whos= ~=,~-~ another person made = ~o~= purchase of 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 ,-=u==~= o==v=~= ~vi~== means every person engaged ..... ~- £eti g cy emergency services, ~ic sa£ety ans~-eringpoint means operated u,, = twen=y-four-hour ~: ........ ~,A~,~ first reCe~v=o: .... E 911 from persons in an E~=~ ................. o==~=~= o~=o and ....... ~A~ may, ac appropriate, =~==~=~3 =~oP==~- F=~=~ safe cervices or =~==AA~, transfer, or ~=~3 ~-~ ~o- to appropr ate ~~- o~=~z-- Residential consumer o,A=~ not ...... -'~ · ~u~=~ teleooKg£L-dnication ser¥ice. address means =~A= location ~f the .................. equipment from --~ ......................... ~- ' ' .~A~AA ~= ~=~=~-m~AA~=~ion ~o originated or at WAA.~AA ~.**= telecosgf:unication io received~ ..... ~ = consumer, floweret, i£ the service address ~ no~ = ~=~A:~ - the .... location, =o ~AA telephones, maritime systems, air-to-ground systems=,Am .... the ~=, cervix= address" OAA~ mean the~=~,, ......... of the ................. service provider A,,~3 v~AA = oigned. statement~==l-~,[[-- =- consumer ~-A*~.~.~.A*9:---': --~: ..... ,AA.~.*A~--' -~ county, city or town the .................. the · ' ip primary use of =~-~-= telecoJ~aunication equ mont. ~ ....... ,,,~===- - servia='-- p 'd .... ] .... ti - /OVi er oA*~ enti ed t~ ---~-- -:---~ .... ~-- , statement ~--- a consumer, = ...... z-- provider remit the tax = =~ such county, ~zty or town based on any ...... 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 business of .... ing ................. = ....... services to consumers. Taxable ....... ' .... ~**= ~u=~mo= means =~- acquisition of =elecoJ~£~unicatio~ ......... purchase does not services for cons~mpuion or ~se, however, =a~a~= ...... =- '~' the provision of telecoi~unica~io..o among member° of an affiliated group of entities by a member of the ~=~=~ for ...... own - ~= USC as= 0 pt' telecor~,unications for ==o=I= in =he .............. provision charges, charges r use ~f company faciliti=o, however, .... acquisition of teleco:~unicat teleco:~-~,unicatio**o ....... ~= ~=oa&=, even when ~ - cost of u**,_, ...................-- long =o-- ==he primary ~3ect of .... ~,,= purchase of .... ' ........... provider :- for .... provision not telecos~unications. A person may make purchase° of telecor~z, unica~iono for ~=oal= if the person provide° to the p~=~ = o~** affidavit COMMENT Many of the existing definitions in this section are not actually used in this article. This amendment shortens the City Code and states the location of the definitions for any special terms used in this article. 156 Sec. 35-254. Imposed. 157 158 159 160 161 (b) Pursuant to section 58.1-3812 of the Code of Virginia, as amended, there is hereby imposed and levied on every taxable purchase by a consumer of mobile local telecommunication service, when such consumer's service address is located in the city, a tax 5 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 at a rate equal to ten (10) percent of the monthly gross charge to the consumer of such service; provided, however, that this tax shall not be applicable to any amount so charged in excess of thirty dollars ($30.00) per month for each mobile service ~m-.~t~n~ consumer. Puzsuant to section 50.1 B8'~+~.D. of ......... ~= ~v~, of V~zgzn~a, as amended, the tax imposed and~=v~=~ ............~3 this ......... J ..........o~1 be =ff=~v=o~ ....... ~ ~ subsequent to wz~tten notzce by ceztified ---~ .... . .,=~ ~v the registered agent of .... ~= sezv~= ..............~d=~ that (d) Pursuant to section 58.1-3813.1 of the Code of Virqinia, as amended, ~n addition to the taxes imposed by subsections (a), (b) and (c) of this section, there is hereby imposed and levied on every consumer of ~ telephone service or services provided by any corporation subject to the provisions of Title 58.1, Chapter 26 (section 58.1-2600 et seq.) of the Code of Virginia), puzsuant to section ~ ....... ~,~, ~ amende~, a tax in the ~.~ ~ ~ the Code of ............. amount of one dollar and ninety-five cents {$1.95) per month. The tax imposed by this subsection (d) shall not apply to any local telephone service where a periodic bill is not rendered. COMMENT These amendments track the language of the State Code section that author~es a local tax on E-911 se~ice. Sec. 35-258. Duty of service provider to collect, report and remit; penalty and interest. (a) Before enqaqinq in business in the city, every service provider shall reqister with the commissioner of the revenue and 189 190 191 192 193 194 provide, on a form prescribed by the commissioner of the revenue, sufficient information about the service provider and its manner of doing business to ensure that the taxes imposed and levied by this article will be properly assessed. (~_b) It shall be the duty of every service provider, in acting as the tax collection medium or agency for the city, to collect 6 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 from each consumer, for the use of the city, the taxes imposed and levied by this article at the time of collecting the purchase price charged for the service. The taxes so collected during each calendar month shall be reported and remitted by each service provider to the city treasuzer commissioner of the revenue on or before the fifteenth day of the second calendar month thereafter. All remittances of taxes received by the commissioner of the revenue shall be delivered to the treasurer by the end of the next business day followinq; provided, however, that all cash payments must be made to the city treasurer.. The required report shall be in such form as may be prescribed by the city treasuzer commissioner of the revenue. (~_c) Failure to report or remit the taxes so collected to the city treasurer commissioner of the revenue on or before the due date set forth in subsection ~ (b). of this section shall result in'a penalty of ten (10) percent of the amount due or ten dollars ($10.00), whichever is {~-e~ greater, which shall be added to the amount due; Drovided, however, that the penalty shall not exceed the amount due. In addition, interest at the rate of ten (10) percent annually from the first day following the last day th~ taxes are due to be remitted may be added to the overdue principal and penalty, and collected from the delinquent service provider. COMMENT The fir~ proposed change, ~ subsection (~, requffes service prodders to register w~h ~e Commissioner of the Revenue. The second proposed change, ~ subsection ~), g~es the Commissioner of the Revenue the respons~ of determining the in~rmation required on the tax repo~s requffed by this sec~on. The last changes, ~ subse~ion (c), pro.de ~ (1) tax repo~s and payme~s go to the Commissioner of the Revenue, who will ~rward the t~x p~ments to the Treasurer, and (2) ~e pen~ provision ~r f~Hng to remR taxes is amended m track currem stye law. Sec. 35-258.1. Procedure upon failure to collect, report., etc.. (a) It shall be the duty of the commissioner of the revenue to ascertain the name of every service Drovider liable for the collection of the tax imposed and levied by this article, as well as the name of every service Drovider that fails, refuses or neglects to collect such tax or to make, within the time provided 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 by this article, the reports and remittances required by thi~ article. (b) If any service provider, whose duty it is so to do, shall ~ail, refuse or.neqlect to collect the tax imposed and levied undez this article or to make, within the ti. me provided in this article, the reports and remittances required by this article, the commissioner of the revenue shall obtain the facts and informatioh necessary to make an estimate of the tax due. As soon as the commissioner of the revenue has procured such facts and information, he shall proceed to determine and assess the ta× imposed and levied by this article and shall notify such servico provider, by certified mail, sent to its last known place of business, of the total amount of such tax, penalties and interest; at the same time, a copy of this notice shall be provided to the city treasurer. The total amount of this assessment shall b~'~ 245 246 247 248 249 payable within ten (10) days from the date of such notice. COMMENT This new section establishes a process for situations in which a service provider fails to collect or report taxes. If no report of taxes is filed, the Commissioner of the Revenue creates an estimate of the taxes due. 250 251 252 253 254 255 256 257 258 259 260 261 262 Sec. 35-259. Service provider's records. Each service provider shall keep complete records showing all purchases of local telecommunication service in the city, which records shall show the date of each bill, the price each consumer is charged with respect to each purchase, and'the amount of taxes imposed by this article. Such records shall be made maintained for a period of ~ five (5) years and shall be made available for inspection by the commissioner of the revenue or his duly authorized agents of the citk at reasonable times during normal business hours. The commissione~ of the revenue or his duly authorized agents ~f t~he city shall have the authority to make such transcripts thereof during such times as they may deem necessary and appropriate. 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 COMMENT The amendments to this section are for housekeeping purposes only. Sec. 35-260. Duties of commissioner of the revenue and city treasurer. (a). The commissioner of the revenue or his duly authorized aqents shall be charqed with auditinq the reports required by this article, ensurinq that service providers are reqistered to collect the tax imposed and levied by this article, receivinq from service providers the taxes described in this article and promDtly transmittinq them to the city treasurer, and respondinq to all inquiries that may be made by taxpayers or service providers. (b). The city treasurer shall be charged with the collection of the taxes imposed and levied by this article, after receivinq notice from the commissioner of the revenue as provided in section 35-258.1 (b)that such taxes are delinquent, and shall cause the same to be paid into the general treasury of the city. COMMENT The amendments to this section set forth the specific duties of the Commissioner of the Revenue and the Treasurer. Sec. 35-263. Compensation for collection of E-911 tax. Pursuant to section 58.1-3813.1_~ of the Code of Virginia, as amended, whenever the tax imposed by section 35-254(d) of this article is collected by the service provider acting as the tax collection medium or agency for the city, such service provider shall be allowed as compensation for the collection and remittance of the tax three (3) percent of the amount of tax due and accounted for. The service p~ovider shall deduct this compensation from the payments made reported and commissioner of the 258~ca-~ (b) . remitted to the city treasurer revenue in accordance with section 35- COMMENT The amendments'to this section are for housekeeping purposes only. 9 296 297 298 299 300 301 302 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-7530 ODIN/?ROPOSED/35-258etalord.wpd R-21 July 3, 2002 iss~oner of the Revenue APPROVED AS TO LEGAL SUFFICIENCY: Department ~ Law ~] 10 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K Spore, City Manager Ordinance to Appropriate $37,500 from the Oyster Heritage Trust Fund and Transfer $50,000 from the Reserve for Contigencies to the Department of Agriculture's FY 2002-2003 Operating Budget for the Construction of Lynnhaven River Oyster Reefs MEETING DATE: August 13, 2002 Background: The City of Virginia Beach has established an Oyster Heritage Trust Fund for the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in the Lynnhaven River watershed. As of this date, in excess of $37,500 funds is expected to accrue to the fund by private donations to support this goal. In conjunction with the Trust Fund, the Department of Planning has been developing an Oyster Heritage Plan with assistance from various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, and the Chesapeake Bay Foundation. This plan has resulted in the identification of sites in the Lynnhaven watershed for construction of oyster reefs, beginning this summer. Reef construction is being undertaken by the Virginia Marine Resources Commission. Considerations: City staff have been working to develop a cost sharing arrangement as part of the Oyster Heritage Plan which will accomplish a number of multiple outcomes. First, the completion of this year's oyster reef project will establish a sound model for future oyster reef restoration efforts in the Lynnhaven watershed. Second, the project represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed, and shows local commitment to achieving the objectives of the Chesapeake 2000 agreement, dedicated to restoring the health of the Bay. In the past year, the City initiated this effort through its "Two Cents for Oysters" initiative, placing two cents per capita of the City's population toward oyster restoration work. Third, this year's oyster reef project will resolve issues related to ancillary channel dredging project permits for the Western Branch of the Lynnhaven River with the U.S. Army Corps of Engineers, which had been placed on hold due to difficulties encountered in accomplishing the original wetlands permit mitigation requirements associated with those permits. With this resolution of the mitigation issue, permit holders will be released from further mitigation requirements and will be free to complete other waterfront construction activities associated with the dredging, such as installation of piers and boat lifts. The total cost of this year's oyster reef projects in the Lynnhaven watershed is $167,500. Of this amount, $65,000 in costs are being covered by a special appropriation from the Commonwealth of Virginia secured through the efforts of members of our delegation. The remaining funds are to be provided as follows: $65,000 from the City of Virginia Beach and $37,500 in funds from the Oyster Heritage Trust Fund. Of the $65,000 City share, $15,000 was approved by City Council on June 18, 2002, and appropriated to the Department of Agriculture budget from civil penalties funds collected in enforcement of the Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances. The $15,000 will be carried forward into FY 2002-03. The remaining $50,000 is to be transferred from the Gene.ral Fund Reserve for Contingencies to the Department of Agriculture budget. IRecommended Action: Approval Submitting Del;~rtm_ent/Agqncy: Planning City Manager: ~ J~., ~~ F:\Data~ATY~O rdin\N ~._~ODE\Oyster R'~Ms.arf.wpd (Continued on next page) Public Information: City staff have participated in numerous work sessions and public meetings involving representatives from State agencies and the Corps, as well as private citizens who are interested in restoration of the Lynnhaven River watershed and its environmental and navigational health. Results of these meetings have indicated a strong and growing interest in the City taking a key role in efforts devoted to improving the quality of the Lynnhaven River watershed. In addition, information will be disseminated to the public through the normal Council agenda process. Alternatives: Alternatives to this approach considered by staff included a "No Action Alternative" and several more oyster reef project alternatives, each of them more aggressive in extent. These alternatives were not deemed to accomplish the intent of the project as selected, inasmuch as they were less likely to garner strong support at the State or Corps level, were less likely to best leverage State or private funding assistance, or because they did not allow for accomplishing multiple outcomes as would be possible with the preferred alternative. Recommendations: Approval of Ordinance. Attachments: Ordinance 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $37,500 FROM THE OYSTER HERITAGE TRUST FUND AND TRANSFER $50,000 FROM THE RESERVE FOR CONTINGENCIES TO THE .DEPARTMENT OF AGRICULTURE'S FY 2002- 03 OPERATING BUDGET TO SUPPORT THE LYAINHAVEN HERITAGE OYSTER PLAN 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the City wishes to provide funding from various local sources to support the Lynnhaven Oyster Heritage Plan being undertaken by the Virginia Marine Resources Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $37,500 in donations is hereby appropriated from the Oyster Heritage Trust Fund to the Department of Agriculture's FY 2002-03 operating budget to support the Lynnhaven Oyster Heritage Plan, with estimated revenue from donations increased accordingly. 2. That $50,000 is hereby transferred from the General Fund Reserve for Contingencies to the Department of Agriculture's FY 2002-03 operating budget to support the Lynnhaven Oyster Heritage Plan. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8581 Ordin~Noncode~Oyster Reef.ord.wpd R5 July 31,2002 APPROVED AS TO LEGAL SUFF I C I ENCY: ' City Attor~s ~)ffi~e Management Services CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Accept and Appropriate $30,000 of Grant Funding from Southeastern Tidewater Opportunity Project, Inc. to the Department of Housing and Neighborhood Preservation, and to Authorize the City Manager to Enter into a Contract with Southeastern Tidewater Opportunity Project, Inc. to Operate a Summer Program MEETING DATE: August 13, 2002 Background: The Department of Housing and Neighborhood Preservation annually operates a summer program for Virginia Beach youth in various neighborhoods. Each year the department applies for funding from the appropriate agency that is administering funding for such programs. This year, the STOP Organization, a regional services agency, is administering this program. STOP has agreed to provide $30,000 in funding under a contract with the City. This funding will allow the program to be provided as in the past. Considerations: Legal Considerations: The City Attorney has reviewed and approved the proposed contract with STOP, as amended. Financial Considerations: Without this funding, the program cannot be operated. Public Information Considerations: None. Consistency with Strategy: This program helps provide positive recreational and cultural opportunities for youth who might otherwise not have them during the summer months. Opportunity Costs: There are no opportunity costs since this funding is provided solely for this project. Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of City Council agenda and public hearings Recommendation: Approval of the attached ordinance is recommended. Attachments: Ordinance and Contract Recommended Action: Approval Submi ~g City Mana¢ Housing & Neighborhood Preservation progarf.wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $30,000 GRANT FROM THE SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC., AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC.~ TO OPERATE A SUMMER YOUTH PROGRAM WHEREAS, a $30,000 grant award has been awarded to the City by Southeastern Tidewater Opportunity Project, Inc., for the operation of a summer youth program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $30,000 is hereby accepted from Southeastern Tidewater Opportunity Project, Inc., and appropriated to the FY 2002-2003 Operating Budget of the Department of Housing and Neighborhood Preservation to fund the operation of a summer youth program, with grant revenues increased accordingly in the FY 2002- 2003 Operating Budget. 2. That the City Manager is hereby authorized to enter into an agreement with Southeastern Tidewater Opportunity Project, Inc., for the operation of a summer youth program. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8584 Ordin/Noncode/youthprogord · wpd R-1 July 31, 2002 Approved as to Content: Management Services ; Approved as to Legal Sufficiency: Department Uaw TIDEWITER OPPORTt/NIT¥ PROJE~ OFFICE OF THE PRESIDENT June 26, 2002 Malissia Lee, Camp Director City of Virginia Beach/CARE Camp 2424 Courthouse Drive Municipal Building 1SA Virginia Beach, Virginia 23456 Dear Ms. Lee: Enclosed please find two (2) original contracts between The STOP Organization and the City of Virginia Beach to operate a Summer Youth Program. Please sign both documents and return them to The STOP Organization. Once the documents have been signed by all parties; a copy will be forwarded to you for your records. Should You have any questions do not hesitate to contact this office at (757) 858-1365. Sincerely, cc: Shaun Scott Program Administrator THE STOP ORGANIZATION - A Community Service Organization SERVING: Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Franklin, Isle of WJg'ht and ~;m,th=m,~tr, r, ! Basic A~3reement No. STOP-01-01-PY' 02 THIS AGREEMENT, entered into this 1st day of July, 2002, by and between the SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC.,. hereafter referred to as The STOP Organization, a subrecipient of Opportunity, Inc., of Hampton Roads (OIHR) pursuant to public law 105-220, the Workforce Investment Act (WIA) and Section 15.2-1300 of the Code of Virginia, 1950, as amended, hereinafter referred to as The STOP Organization and City of Virginia Beach/Care Youth Leadership Camp, hereinafter referred to as the ~AGENT". W I T N E S $ E T H: WHEREAS, The STOP Organization expects to receive Federal funds from OIHR provided by the Workforce Investment Act (WIA) Program; and WHERE/%~, The STOP Organization desires to contract with the AGENT for activities described herein for the period beginning June 24, 2002 and ending August 16, 2002. NOW, THEREFORE, the parties hereto mutually agree as follows: AGREEMENT PURPOSE Purpose It is the purpose of this AGREEMENT to state the covenants and conditions under which the AGENT will implement and provide Workforce Development services, as shal. be described herein, to be funded under the guidelines of the Workforce Investment Act (WIA), as amended as necessary, and under the contracting powers of The STOP Organization. FISCAL MANAGEMENT Compensation The total budget for each program to be operated under this AGREEMENT shall be stated in an ADDENDUM(S), attached hereto or executed ' subsequent to the execution of the AGREEMENT, subject to the conditions stipulated herein. The budget for each ADDENDUM shall be limited to: (a) the operation of the program described therein, and (b) the AGREEMENT period. Funds will be made available to the AGENT by The STOP Organization in accordance with the AGENT's ADDENDUM(S) to this AGREEMENT and the budget and/or Method of Payment Schedule incorporated therein for allowable costs as defined by Federal, State, and local guidelines. In expending the program budget, the AGENT shall adhere to the cost categories and funds set forth in the Budget and/or the Method of Payment Schedule contained herein. Fiscal Controls Upon demand and/or within thirty (30) days prior to funding any program or service, the AGENT shall allow The STOP Organization to evaluate the AGENT's fiscal and administrative systems in order to be assured of the AGENT's capability to manage the program or project funded by this AGREEMENT and any ADDENDUM hereto. The AGENT shall, in a satisfactory, proper and accurate manner, and in accordance with generally accepted accounting principles, keep all books, documents, papers and records including corapetency records, receipts and other supporting documents, statistical records and other data necessary for proper accounting of fiscal affairs. Said records including timely and reasonable access to contractor's and subcontractor's personnel for the purpose of interviews and discussions related to such records will, at all times, be available to The STOP Organization's fiscal agent or any accounting/auditing firm under contract with or acting on behalf of these parties. The AGENT agrees and understands that funds allocated to the AGENT under this AGREEMENT and ADDENDUM(S) or Modifications hereto, are 2 conditional upon the WIA funds received by The STOP Organization an~ the actual overall expenditures by The STOP Organization during the term of the AGREEMENT for all contracts. The STOP Organization therefore, reserves unto itself the right to unilaterally de-obligate, modify, or amend the AGENT's budget consistent with The STOP Organization's actual funding and overall expenditures, based on such funding level requirements and at the sole discretion of The STOP Organization, if necessary, suspend or terminate this AGREEMENT or any ADDENDUM hereto instantaneously as may be necessitated by The STOP Organization's funding levels and overall expenditure within such funding level such as that the funding level for all contracts is not exceeded. The STOP Organization will notify the AGENT in writing of any de-obligations, modification, or amendment to the AGENT's budget, AGREEMENT, or any ADDENDUM or Modification hereto, which shall be effective relating back to the date The STOP Organization makes the unilateral change. In such instances, costs will be reimbursed up the date of cancellation only; thereafter, neither The STOP Organization nor the AGENT shall have any obligations whatsoever to complete or otherwise continue of closeout and audit activities described herein. Audit A financial and compliance audit of the AGENT's WIA program(s) will be conducted in accordance with the policies of The STOP Organization an audit firm selected by The STOP Organization on an annual basis. Any costs disallowed shall be the sole responsibility of the AGENT. In the event it is determined that disallowed costs require repayment, repayment shall be made by the AGENT out of nonfederal funds. 3.3 Method of Payment 3.3.1 The AGENT shall deliver to The STOP Organization not later than the tenth work day of each month, or in accordance with an. approved method of payment schedule, an accurate record of all accrued expenditures and/or payments due under this AGREEMENT during the preceding month, or period reported in accordance with the financial stipulations contained herein and other directions issued by The STOP Organization from time to time. In the event that the records of accrued expenditures for any month are received after the tenth (10th) work day of the next ensuing month, The STOP Organization shall, if it has, at its sole option, closed out such preceding month for accounting purposes, process such cost reports for the next succeeding month then open. In the case of line item cost reimbursement budgets, the AGENT's costs must be accounted for in the separate cost categories of Administration and Program, as appropriate, in accordance with the ACT and applicable Federal and State regulations unless otherwise stated herein. Appropriate documentation as may be required must accompany requests for payment. 3.3.2 Payments shall be made to the AGENT within a reasonable period of time after acceptance of expenditure reports. 3.3.3 The AGENT shall be liable to The STOP Organization for any unauthorized costs incurred in the operation of the program not in accordance with the stipulations under this AGREEMENT or any 3 3.4 3.3.4 3.3.5 3.3.6 3.3.7 The Budget 3.4.1 3.4.2 3.4.3 3.4.4 ADDENDUM hereto or not in accordance with WIA, the rules and regulations promulgated pursuant thereto, as they apply to t~e AGENT's program and the funds under which are funded. The AGENT shall be liable to The STOP Organization for any disallowed costs The STOP Organization incurs pursuant to the AC' and the regulations promulgated pursuant thereto as a result of the AGENT's failure to perform in accordance with the ACT or the terms and conditions of this AGREEMENT or ADDENDUM thereto. Funds expended in violation of this AGREEMENT or in violation of the appropriate Federal, State, and/or The STOP Organization statutes, regulations, and guidelines or any funds requested for reimbursement by the AGENT which are determined to be in violation of appropriate Federal, State and/or The STOP Organization's statutes, regulations or guidelines shall be refunded to The STOP Organization or if this AGREEMENT or ADDENDUM(S)thereto or subsequent AGREEMENT or ADDENDUM(S) hereto are still in effect, shall be withheld by The STOP Organization from any reimbursement request of the AGENT. The AGENT shall be required to comply with Section 3.6 (Procurement/Property Management) of this AGREEMENT for requests for reimbursement of expended costs incurred in the acquisition or leasing of property, as approved by The STOP Organization and delineated in the AGENT's budget. The method of payment shall be as stipulated in the ADDENDUM (S) to this AGREEMENT. The ADDENDUM(S) to this AGREEMENT shall include a budget subject to approval by The STOP Organization. Said proposed budget shall conform to applicable Federal and State Laws and regulations and shall be in such form as may be specified by The STOP Organization. The Budget will be attached to, incorporated into and made a part of this AGREEMENT. Any changes to the budget or method of payment schedule require the.prior submission of a Modification by the AGENT and prior approval of The STOP Organization. If at any time The STOP Organization determines that funds budgeted for this AGREEMENT will be expended prior to the completion date of this AGREEMENT, the AGENT may be so notified and those excess funds may be reallocated to other existing services or activities or used for any other purposes for which The STOP Organization determines there is a need. The STOP Organization agrees to give consideration to the reallocation to other existing services or activities of the AGENT from which the said excess funds are taken, but only insofar as reallocation of Said excess funds of the AGENT is consistent with the priority goals and purposes of The STOP Organization. Applicable credits such as rebates, discounts, refunds and overpayment adjustments, as well as interest earned on any of 4 3.5 3.6 them, shall be credited as a reduction of costs if received during the same funding period that the cost was initially charged. Credits received after the funding period shall be returned to The STOP Organization. Administrative and/or Program Costs 3.5.1 If the AGENT is awarded Administrative and/or Program Costs for salaries and fringe benefits not attributable in total to this AGREEMENT in order to operate a program or project funded under this AGREEMENT or an ADDENDUM hereto, documentation in the form of time and attendance records shall be kept indicating the total time worked by each individual and specifically delineating the hours for which Administrative and/or Program costs are being requested under this AGREEMENT and/or ADDENDUM(S) hereto. 3.5.2 If the AGENT is awarded Administration and/or Program costs in order to operate a program or project funded under this AGREEMENT or an ADDENDUM hereto, such Administrative, and/or Program costs not attributed in total to this AGREEMENT and ADDENDUM hereto must be supported by a cost allocation plan. Any costs which cannot be directly charged to a specific cost category but whLch may benefit both cost categories must also be supported by a cost allocation plan. All costs incurred under this AGREEMENT or ADDENDUM hereto must be supported by appropriate documentation consistent with generally accepted accounting standards. 3.5.3 The AGENT shall not apply WIA, Administrative and/or Program funds to support programs or activities for any persons other than WIA participants in accordance with this AGREEMENT or ADDENDUM(S) hereto. Procurement/Property Management 3.6.1 Property leased or purchased with WIA funds, shall only be used in implementing The STOP Organization programs funded by this AGREEMENT or any ADDENDUM hereto pursuant to the AGENT's program budget. 3.6.2 The AGENT shall obtain written approval from The STOP Organization when the AGENT desires to retain, at termination of this AGREEMENT or ADDENDUM hereto, any property.purchased with funds provided for by this AGREEMENT or ADDENDUM hereto where such item(s) had an initial unit cost of three hundred dollars ($300.00) or more, or where the above referenced item(s) are to become the property of The STOP Organization participants enrolled in The STOP Organization program at the conclusion of the program. The AGENT shall submit the request for approval to The STOP Organization no later than thirty (30)days prior to the termination of the program. 3.6.3 Any purchases of property with a per unit acquisition cost of three hundred dollars ($300.00) or more and any purchase, or lease of property with an annual per unit cost of one thousand dollars ($1000.00) or more, are allowable only with prior STOP Organization approval. 4.1 (a) (b) Prior to expending funds for any of the items described in Section 3.6.3, the AGENT shall request written permission from The STOP Organization. The AGENT shall not take steps to acquire the property prior to obtaining STOP Organization approval. 3.6.4 The AGENT shall be solely responsible for the inventory maintenance, and safekeeping of all property assigned to the AGENT's use under this AGREEMENT. The AGENT will return such property to The STOP Organization at the end of the AGREEMENT if it is not reassigned to the AGENT under a subsequent AGREEME~?, in the condition it was in when assigned to the AGENT; normal wear and tear is excepted, unless otherwise approved by The Organization. 3.6.5 The AGENT shall maintain on such property fire insurance, with extended coverage and additional extended coverage, if necessary, in accordance with the established valuation of such property assigned to the AGENT, and such other insurance in such amounts as The STOP Organization may require from time to time to satisfactorily protect The STOP Organization from all risks, including motor vehicle liability insurance. The STOP Organization shall be provided, upon request, proof of such insurance policy or policies with the AGENT and The STOP Organization as named insured, as their interest may appear, and The STOP Organization shall be additionally be provided with endorsements as required from time to time during the AGREEMENT to cover any additional property dedicated to this AGREEMENT or to cover any risks intended to be covered but not previously included. 3.6.6 The acquisition and management of property shall adhere to the provisions of the Virginia Public Procurement Act (VPPA) and 29 CFR Part 97 and/or OMV Circulars governing public contracts and property management and procurement/property management policies published by The STOP Organization. An Agent which does not operate within the control of a unit of local government shall establish and maintain a written procurement system and attendant procedures which are in compliance. Agents which operate within the control of a unit of local government shall adhere to local procurement policies and procedures. SECTION 4 GENERAL CONDITIONS Program Descriptions The AGENT shall provide a description of all programs under this AGREEMENT administered by it or otherwise in accordance with the provisions of the WIA. The AGENT's program description shall be appended to this AGREEMENT and made a part thereof by reference thereto, and will be in accordance with all other applicable provisions of PL 105-220, and subsequent amendments contained in Public Law 102-367 and Section 15.2-1300 of the Code of Virginia, 1950 as amended. , 4.2 4.3 4.4 Conflict of Interest The AGENT covenants that no person who presently exercises any functions or responsibilities in connection with The STOP Organization has an financLal interest, direct or indirect in this AGREEMENT, and that no person havimg any conflict or interest shall be employed. Any interest on the part of the AGENT or its employees must be disclosed to The STOP Organization. This paragraph shall not be construed so as to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation by residents of the area. The AGENT shall avoid conflict of interest involving procurement activities using funds appropriated under this AGREEMENT. The AGENT shall maintain a written code of standards of conduct governing the performance of persons engaged in the administration and operation of this AGREEMENT. Political Activity 4.3.1 None of the funds or services granted by The STOP Organization to the AGENT under this AGREEMENT shall be used in the performance therein for any partisan political activity or to further the election or the defeat of any candidates for public office within the constraints of the Hatch Act (5 USC 1501) or the Federal Election Campaign Acts, as amended (2 USC 431). 4.3.2 No participant may, at any time, engage in partisan or nonpartisan political activities during hours for which the participant is enrolled in WIA funded programs. 4.3.3 No participant may, at any time, engage in partisan political activities in which such individual represents him/herself as a spokesperson of the WIA or The STOP. Organization program. 4.3.4 No participant may be employed or outstationed in the office of a member of Congress or State or local Legislator or on any staff of a Legislative Committee. 4.3.5 No participant may be employed or outstationed in positions involving political activities in the offices of other elected officials. 4.3.6 Moreover, the AGENT shall not select, reject, or promote a participant based on that individual's political affiliation or beliefs. Religious Activity 4.4.1 There shall be no religious worship, instruction, or proselytizing as a part of or in connection with the performance of this AGREEMENT. 4.4.2 The AGENT shall not use any funds appropriated under this AGREEMENT or ADDENDUM(S) hereto in support of any religious activity, nor in support of any anti-religious activity. Participants may no be employed to provide educational curriculum of religiously affiliated elementary and secondary schools. 7 4.5 4.6 4.7 4.4.3 The AGENT shall not use any funds appropriated under this AGREEMENT or ADDENDUM(S) hereto for the construction, operation or maintenance of any part of a religious facility which is use¢ or will be used as a place for religious worship. Non-Discrimination, Equal Opportunity, Affirmative Action 4.5.1 The AGENT agrees to comply with the Civil Rights Act of 1964, as amended, the Age Discrimination Act of 1975, as mended, Title I~ Education Amendment of 1972, as amended, the Rehabilitation Act of 1973, as'amended and the Americans with Disabilities Act of 1990 which prohibits discrimination because of disability and al other applicable Federal, State and local legislation. 4.5.2 The AGENT understands and agrees that no person otherwise eligible shall be excluded from participation in or be denied employment in the administration of or in connection with any WI] funded program because of race, color, religion, sex, national origin, age, disability, political affiliation or belief. Nepotism 4.6.1 The AGENT or employing agency may not hire a person in an administrative capacity, staff position or On-the-Job Training position funded in whole or in part under the ACT if a member of that person's immediate family is engaged in an administrative capacity for the AGENT or employing agency. 4.6.2 Where the AGENT's nepotism guidelines or state or local guidelines are more stringent than the above requirements, those guidelines shall be followed.instead. 4.6.3 Immediate family member for purposes of this section shall mean a person's wife, husband, son, daughter, mother, father, brother, sister, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, step-parent or step-child. Fraud and Abuse 4.7.1 The AGENT shall not train or provide services to ineligible individuals with funds provided under this AGREEMENT or ADDENDUM(S) thereto. The AGENT shall not embezzle, willfully misapply, steal, or obtain by fraud, any of the monies, funds, assets, or property which are the subject of this AGREEMENT or ADDENDUM(s) thereto. If the AGENT violates this provision the AGENT shall be subject to the sanctions of the ACT as amended and to the criminal provisions of Title 18 of the United States Code Section 665. The AGENT shall also be subject to the immediate suspension of payments by The STOP Organization under this AGREEMENT and ADDENDUM(S) hereto and immediate termination by The STOP Organization of this AGREEMENT and ADDENDUM(S) hereto. 4.7.2 'The AGENT agrees and understands that no officer or employee of the AGENT shall tender or solicit gratuities, favors or anything of monetary value from any actual or potential subcontractor or any staff person or elected official connected with The STOP Organization. 4.8 4.7.3 The AGENT agrees and understands that there shall be no fee charged to an individual for the placement of that individual in a training or employment program under the ACT. No fees ot~e~ than those collected herein shall be collected from any source ir connection with this AGREEMENT or ADDENDUM(S) hereto for the enrollment or placement of participants. 4.7.4 The AGENT shall not use any funds appropriated under this AGREEMENT or ADDENDUM(S) hereto for lobbying Federal, State, local legislators. or Child Labor Laws The AGENT shall comply with all applicable Federal, State and local child labor laws, particularly the Child Labor Laws of the Fair Labor Standards Act, 29 USC 203 (1938), as amended and the implementing Federal Regulations at 29 CFR 570 (1979) in particular, 29 CFR 570 Subpart C (1979), Employment of Minors Between Fourteen (14) and Sixteen (16) Years of Age, and 29 CFR 4570 Subpart E (1979), Occupations, Particularly Hazardous for the Employa/ent of Minors Between Sixteen (16) and Eighteen (18) Years of Age or Detrimental to Their Health or Well Being. 4.9 4.10 4.11 Collective Bargaining Agreements The AGENT agrees and understands that it must comply with and shall not violate the terms and conditions of any collective bargaining AGREEMENT in effect during the course of this AGREEMENT. Unions 4.10.1 The AGENT shall not use any funds~appropriated under this AGREEMENT or ADDENDUM(S) hereto to either promote or oppose unionization. 4.10.2 No participant may be placed into, or remain working in any position which is affected by labor disputes involving a work stoppage. The AGENT shall make every effort to relocate participants who wish to remain working in suitable positions, unaffected by the work stoppage. 4.10.3 The AGENT shall not require any participant in a position funded by this AGREEMENT to join a union in order to receive institutional training unless the participant is subject to a collective bargaining AGREEMENT containing a union security provision. Grievance Procedures The AGENT shall comply with the handling of grievances as stipulated under WIA Regulations and agrees to incorporate herein, such regulations as may be amended from time to time during the life of this AGREEMENT by reference and to ensure its full compliance with such procedures as well as access to the rights there under by all parties. 4.12 4.13 4.14 4.15 4.16 Publicity and Publication Any publicity, via news releases or other means in the control of or the beginning at the instance of the AGENT pertaining to the services hereunder, shall clearly indicate that the program is funded with WIA funds, if applicable, by the Commonwealth of Virginia through The STOP Organization an the Workforce Development Board. Subcontractors The activities administered by the AGENT and covered by this AGREEMENT shall not be subcontracted or assigned without first obtaining the written consent of The STOP Organization, which may be withheld if The STOP Organization in its sole discretion, does not consider such subcontracting to be advisable o3 in the best interest of the program which is the subject of this AGREEMENT. No such subcontracting shall in any way relieve the AGENT of its primary responsibility under this AGREEMENT and all subcontracting must be done in accordance with Federal and State procurement procedures. The STOP Organization must be provided with a signed copy of all subcontracts approved under this AGREEMENT. Notices Ail notices pursuant to the terms of this AGREEMENT shall be deemed to have been given, if hand delivered or mailed by registered or certified mail, to The STOP Organization at 2551 Almeda Avenue, Norfolk, VA 23513 unless otherwise notified of a different address in writing. Progress Reports The AGENT shall deliver to The STOP Organization, by he fifth (5th) work day after the end of each month, a STOP Organization progress report to provide periodic reports as required by The STOP Organization. Assurances and Certifications 4.16.1 In administering programs under the WIA, the AGENT assures and certifies that: (1) It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and the American Disabilities Act of 1990 (P.L. 101-336). (2) It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P. L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federal- assisted programs. (3) It will comply with the provisions of the Hatch Act which limit the political activity of certain State and local government employees. (4) It will provide for adequate on-site medical and accident insurance and/or appropriate workmen's 10 (5) (6) (7) (8) (9) (10) compensation for all persons entitled to such coverage under the law to include staff funded under this AGREEMENT and WIA and/ participants enrolled an( trained by the AGENT under this AGREEMENT. It will avoid organizational conflict of interest, and its personnel shall avOid personal conflict of interest and appearance of conflict of interest in awarding financial assistance, and in the conduct of procurement. It will conduct its operations under this AGREEmEnT in compliance with all applicable laws, ordinances, codes, or other regulations under the laws of the Commonwealth of Virginia and (when applicable), the Cities of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Franklin and the Counties of Southampton and Isle of Wight, as exist at the effective date of this contract or as may be in effect from time to time during the term of this contract. It will maintain appropriate standards for health and safety in work and training situations. Conditions of employment and training will be appropriate and reasonable with regard to the type of work, geographical region and the proficiency of the participant. The program will not result in the displacement of employed workers, or impair existing contracts for services, or result in the substitution of Federal funds for other funds.in connection with work that would otherwise be performed. No funds will be used to train participants to fill a job opening created by the action of any employer in laying off or terminating the employment of any other employee of the employer in anticipation of filling the vacancy so created by hiring of a WIA trainee. (11) (12) (13) Funds provided under this AGREEMENT shall be used to supplement rather than supplant the level of funds that would otherwise be made available to the AGENT from other sources. It agrees to comply with the Hazardous Occupation Order issued pursuant to the Fair Labor Standards Act (29 CFR 570.31) with respect to the employment of youths between (14) and sixteen (16) years of age. It agrees to comply with the WIA requirements pertaining to patent rights and copyrights and rights in data. 4.17 (14) (15) It agrees to comply with the requirements of the Virginia Fair Employment Contracting Act. It agrees to comply with the WIA requirements pertaining to patent rights and copyrights and ~ight in data. 4.16.2 (1) The AGENT, in signing this contract, assures that it will fully comply with the requirements of the Workforce Investment Act, Public Law 105-220, and subsequent amendments contained in Public Law 102-- 367, all current and future Federal regulations issued pursuant to the Act, 41 CFR 29-70, dealing with cost principles, OMB Circulars, Program Rules and Regulations the conditions of this AGREEMENT and ADDENDUM(S) hereto and with the local Strategic Plan as approved by the appropriate authority of the Commonwealth of Virginia. (2) The AGENT agrees to abide, by all present and future Federal/State laws, rules and regulations or other administrative requirements imposed upon The STOP Organization or which are applicable to this AGREEMENT or to the activities of the AGENT, carried on pursuant to this AGREEMENT. (3) The AGENT agrees that when financial assistance programs under Title IV of the higher Education Act (HEA), The Pell Grant program, the Supplemental Education Opportunity Grant program, the Work Study program, the Perkins Loan program, The Family Education Loan program (including Stafford, PLUS and Supplemental Loans for Student programs) which provide student financial aid programs for post- secondary education, are available to WIA participants, that funds provided under WIA shall not be used to duplicate facilities or services available in the area (without reimbursement) from federal, state or local sources, unless it is demonstrated that alternative services or facilities would be more effective or more likely to achieve The STOP Organization's performance goals. 'In addition, to avoid the possibility of double payment where the AGENT's WIA participant(s) receives a Pell Grant, the AGENT must document for monitoring purposes, the funds received from Pell and the purpose for which they were received. Funds received from Pell must not be used to pay for expenses provided for in the AGENT's STOP Organization contract. Pell grant receipt must be documented in the participant's ISS. Vested Powers Ail powers not explicitly vested in the AGENT by this AGREEMENT remain with The STOP Organization. 12 4.18 4.19 Execution of Agreement This AGREEMENT shall not be binding until executed by The STOP Organization through the President & CEO, after first being signed and submitted by the AGENT, after being duly approved and ratified by the AGENT's governing body or otherwise as required under the AGENT's Charter and under State law. Proof of such approval will be provided to The STOP Organization upon request. Termination of Services 4.19.1 Notwithstanding any other section of this AGREEMENT or ADDENDUM(S) hereto, this contract and the obligations provided hereunder may be terminated in whole or in part or may be curtailed in whole or in part by The STOP Organization in the event the Federal funds are terminated or funding is restricted or curtailed in any manner. In the event of terraination, as aforesaid, The STOP Organization's obligation to compensate the AGENT for services performed or to be performed, shall immediately cease. In addition, thereto, The STOP Organization may terminate this AGREEMENT at any time by giving at least thirty (30) days' notice in writing to the agent. 4.19.2 The STOP Organization or AGENT is entitled to termination for convenience upon thirty (30) days' prior written notice to the other party. The AGENT will be entitled to receive just and equitable compensation for services performed hereunder through the date of termination. However, The STOP Organization shall not be liable for any expenses incurred by the AGENT after the effective date of termination of this AGREEMENT or any ADDENDUM(S) hereto. 4.19.3 The STOP Organization may terminate or suspend this AGREEMENT at any time that its authorized representative, which shall be the President & CEO, determines that: (1) The AGENT has failed to provide any of the services the AGENT has contracted to provide; or (2). The AGENT has failed to comply with any of the provisions contained in this AGREEMENT or any ADDENDUM(S) hereto: or (3) The AGENT fails to perform in whole or in part under this AGREEMENT and any ADDENDUM(S) hereto, or fails to make sufficient progress so as to endanger performance of the AGENT's obligations to operate the programs contracted for; or (4) The AGENT has failed to comply with the WIA Regulations regarding this AGREEMENT or any ADDENDUM(S) hereto~ 4.19.4 if The STOP Organization elects to terminate or suspend this AGREEMENT under the provisions set forth in Section 4.19.3 above, The STOP Organization may immediately terminate or suspend the AGREEMENT and any ADDENDUM(S) hereto, and notify the AGENT in writing of the termination or suspension effective at the time of 4.19.5 4.19.6 4.19.7 4.19.8 4.19.9 suspension or of The STOP Organization,s termination of the AGREEMENT and any ADDENDUM(S) hereto. If The STOP Organization grants the AGENT the opportunity to correct the problem, then t! AGENT shall have ten (10) working days in which to respond with corrective plan. Failure to respond with a corrective action ~1~ acceptable to The STOP Organization may result in a termination notice to the AGENT effective from the time of the original termination or suspension. The STOP Organization may immediately suspend payment to the AGENT at any time its President & CEO has sufficient cause to seek termination of this AGREEMENT and any ADDENDUM(S) hereto as described in Section 4.19.36. If The STOP Organization gramts the agent the opportunity to correct the problems, then suspension of payments shall remain effective until The STOP Organization determines whether the problems have been solved an( the program continues, or until The STOP Organization completely terminates the program at which time no payments would be made after the date of the original suspension. The AGENT shall have the right to appeal any determination to terminate made by The STOP Orqanization except that if the AGENT has failed to submit his appell within thirty (30) days from the date of the termination notice or has failed to request extension of such time, it shall have no such right of appeal. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by AGREEMENT shall be decided by The STOP Organization which shall reduce the decision to writing and hail or otherwise furnish a copy of it to the AGENT. The decision of The STOP Organization shall be final and conclusive unless within thirty (30) calendar days from the date of receipt of such decision, the AGENT mails or otherwise furnishes to The STOP Organization a written appeal addressed to the President & CEO of The STOP Organization. The decision of The STOP Organization or its duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent or capricious or arbitrary or so grossly erroneous as to imply bad faith or not supported by substantial evidence. In connection with any appeal proceeding under this cause, the AGENT shall be afforded an opportunity to be heard and to offer evidence in support of /ts appeal. Pending final decision of a dispute hereunder, the AGENT shall proceed diligently with the performance of the AGREEMENT and any ADDENDUM(S) hereto, and in accordance with The STOP Organization. If the AGENT wishes to appeal a decision to terminate, the AGENT shall comply with The STOP Organization's appeal procedures. In the event of termination not for convenience, the AGENT shall be paid for services rendered up to the date of termination; however, from the amount due, there shall be deducted: 14 4.20 4.21 (a) all advances or other payments on account made to the AQEN for expenses subsequent to the termination of this AGREEMENT and any ADDENDUM(S) hereto; and (b) any claim which The STOP Organization may have against the AGENT in connection with this contract or any other p~ior AGREEMENT and any ADDENDUM(S)' hereto; and' (c) The agreed-for-price for, or the proceeds of the sale of any materials, supplies or other things acquired by AGENT or sold pursuant to the provisions of this clause and not otherwise recovered by or credited to The STOP Organization; and (d) any disallowed costs discovered during an audit. 4.19.10 In the event of a termination for cause, the AGENT shall be liable to The STOP Organization for damages sustained by The STOl Organization by virtue of any breach of this AGREEMENT and any ADDENDUM(S) hereto by the AGENT including court costs and reasonable attorney fees. 4.19.11 In the event of the voluntary or involuntary dissolution or cessation of business by the AGENT's organization, the AGENT shall inform The STOP Organization of its intent to dissolve and, prior to actual dissolution, The STOP Organization may then arrange to conduct an immediate audit of the AGENT's program(s) and/or request that provisions be made for presentation of all records pertaining to the program(s) funded by this AGREEMENT and any ADDENDUM(S) hereto. Maintenance of Effort The AGENT ensures that: (1) the funds for this program will result in an increase in workforce development opportunities over those which would otherwise be available; (2) this program does not cause displacement of currently employed workers, including partial placement; (3) this program does not impair existing contracts for services or result in substitution of Federal funds for other funds; (4) this program will result in the creation of training and/or jobs that are in addition to that which would be funded in the absence of assistance under the ACT; (5) and this program does supplement and does not supplant the level of funds that would otherwise be made available from non-federal sources for the planning and administration of this program. If a hiring freeze for AGENT's regular employees is imminent, The STOP Organization must be notified immediately. Evaluation 4.21.1 The STOP Organization shall monitor, review and evaluate program performance. For such purposes, The STOP Organization requires reasonable access to the program staff, records, and clients. The STOP Organization agrees to attempt to conduct its monitoring and evaluation of the program by means that will not unreasonably disrupt the ongoing conduct of the program. 4.21.2 If as a result of such monitoring, review, or evaluation, the President & CEO of The STOP Organization shall determine that the 4.22 4.23 assurances and certifications, the terms of this AGREEMENT and any ADDENDUM(S), or regulations or grant terms and conditions which the Commonwealth of Virginia or the Secretary of Labor Nas issued, or shall subsequently issue, are not being met by the AGENT, then said President & CEO shall notify the AGENT in writing of such noncompliance and direct the agent to take such corrective actions as the President & CEO shall deem necessary. The President & CEO is authorized to order suspension of payment: to the AGENT under this AGREEMENT and any ADDENDUM(S) hereto, an the return to The STOP Organization of all funds provided to the AGENT, beyond that for which an entitlement exists prior to actual suspension, until corrective action is taken or, if an appeal is made pursuant to Section 4.19.6 herein, until the appeal procedure is completed. 4.21.3 Upon receipt of this aforesaid notification, the Agent shall, within ten (10) days, submit to The STOP Organization for approval a statement of the manner in which such corrections will be made, or should the AGENT contest the determination of the President & CEO as to the noncompliance of the AGENT of the corrective actions required, the AGENT shall, within a thirty (30) day period, submit to the President & CEO, a notice of appeal, setting forth the specific objections to the determination or order of the President & CEO. In the event of such appeal, the President & CEO shall process the appeal pursuant to the procedures established by The STOP Organization in compliance with the applicable regulations. 4.21.4 The AGENT shall further, pursuant to regulations, make available to The STOP Organization, any and all applications and information received by the AGENT from prospective and actual participants for the purpose of verification of eligibility of WIA participants. In the event it is determined at any time that an individual, previously approved, for participation is in fact ineligible for participation, regardless of the reason or sources for the erroneous approval, such participant shall immediately, upon notification to the AGENT and participant, be terminated. Disclosure of Confidential Information The AGENT agrees to maintain the confidentiality of any information regarding applications and clients, or their immediate families, which may be obtained through application forms, interviews, tests, reports from public agencies, or counselors or any other source. The AGENT agrees to secure the written permission of each individual applicant applying and client participating in any program under this AGREEMENT and any ADDENDUM(S) hereto to divulge such information solely to The STOP Organization or its agents as may be necessary for purposes related to the performance and evaluation of this AGREEMENT and any ADDENDUM(S) hereto and to persons having responsibilities under this AGREEMENT and any ADDENDUM(S) hereto. Modification The AGENT agrees that any change in laws, rules, regulations or other administrative or legal change mandated upon The STOP Organization will automatically be incorporated into this contract after notice to the AGENT without the necessity of any further formal modification of this AGREEMENT 4.24 4.25 and any ADDENDUM(S) hereto. Failure to comply after such notice shall be a breach of this contract by the AGENT. Where the AGENT or The STOP Organization desire to alter the total budget amount or extend or modify the terms or obligations of the AGENT or The STOP Organization under this AGREEMENT or any ADDENDUM(S) hereto, including changes in the number of participants or a shift of funds between budget categories, it shall be done pursuant to'a written agreement. This action shall be initiated by the paxty desiring such change and will be executed by properly signed Modification documents. Pro~ram Income - Income Derived from the Operations of WIA Funded Program~ Ail program income realized in operating a program provided for under this AGREEMENT or any ADDENDUM(S) hereto, shall be reported to The STOP Organization at the end of each quarter during which the income was realized and returned to The STOP Organization at the end of each Program Year or expended on the WIA Program within the Program Year with prior approval f~om The STOP Organization unless otherwise agreed to by The STOP Organization, The AGENT must maintain and retain supporting documentation related to th~ generation and/or expenditure of program income for audit and monitoring purposes. All expenditures of program income must be for allowable costs under WIA and are subject to procurement and property management requirements. Insurance, Bonding and Indemnification The AGENT shall maintain and provide verification upon request during the term of this AGREEMENT and any ADDENDUM(S) hereto, the insurance and bonding specified below: 4.25.1 Worker's Compensation on all employees engaged under this AGREEMENT or ADDENDUM(S) hereto. If such work is subcontracted, the AGENT shall require the provision of Worker's Compensation for all Sub-Agent's employees. 4.25.2 General Liability Insurance on a negligence basis, including Contingent Liability, in amounts not less than $300,000.00, to cover the injury to or death of one person in any one occurrence and not less than $1,000,000.00 to cover the injury to or death of more than one persgn in any occurrence, together with property damage coverage of not less than $1,000,000.00 and for coverage of physical injuries to participants not covered under Workman's Compensation. The STOP Organization shall be named as the primary or as an additional insured under the contract, when possible. Premiums chargeable for the insurance shall be paid by the AGENT and it shall be kept in force during the term of this AGREEMENT and any ADDENDUM(S) hereto. It shall contain a provision that it shall not be cancelled or terminated or otherwise allowed to expire until after at least sixty (60) days written notice to that effect is given to The STOP Organization. A certified copy of said insurance policy shall be furnished to The STOP Organization upon request. Such policies shall contain p~ovisions for extended coverage consistent with the statute of limitations. 4.25.3 In Cost Reimbursement, Line Item Budget agreements, the AGENT shall secure Surety Bonding in an amount of $100,000 or the total 17 4.25.4 4.25.5 amount of this AGREEMENT and any ADDENDUM(S) hereto, whichever i less to provide coverage for those employees in positions allowing for access or control of program funds. In the case where the AGENT runs more than one program for The STOP Organization, the AGENT agrees to purchase Surety Bonding in the total amount of all programs run for The STOP Organization or $100,000, whichever is less. The AGENT shall provide The STOP Organization with a certificate of such Surety Bonding upon request, naming The STOP Organization as a beneficiary thereof. The AGENT shall make available to The STOP Organization, upon request, Certificates of Insurance and Bonding prior to commencing any operations under this AGREEMENT and any ADDENDUM(S) hereto, with such certificates clearly indicating that the AGENT has obtained insurance and bonding in the amounts, types, and classifications specified in this section. Cash Restrictions: All funds (cash, checks, and otherwise) shall be payable to: CITY OF VIRGINIA BEACH/CARE YOUTH LEADERSHIP CAMP and delivered by The STOP Organization to the AGENT and shall be addressed to: MALISSIA LEE, CAMP DIRECTOR 4.25.6 The AGENT understands and agrees that it is an independent contractor and agrees to indemnify The STOP Organization in Such a manner as to (1) reimburse, hold.and save The STOP Organization ~armless from all charges, damages, costs, including legal fees, ±oss or expenses that The ST~P Organization may be required to pay or otherwise sustain, arising out of or related to any agreements between the said AGENT and The STOP Organization and by any reason of any person, firm or corporation being injured or damaged in any person or property, arising over or related to, any agreements between the said AGENT and The STOP Organization, or any subcontractor including The STOP Organization, as an accommodation subcontractor or the AGENT; (2) in the event that suit or proceeding shall be brought against The STOP Organization, either independently or jointly with the said AGENT on account thereof, defend The STOP Organization in any such suit or proceeding; (3} in the event of a final judgment or decree being obtained against The STOP Organization, either independently or jointly with the said AGENT, pay such judgment or comply with such decree with all costs and hold The STOP Organization harmless there from. 4.27 4.28 4.29 The AGENT agrees to give The STOP Organization immediate notice in writing o any action or suits filed and prompt notice of any claims made against the AGENT or any of the parties involved in the implementation and administ~atiol of the WIA Program. Counterparts This AGREEMENT shall be executed in two (2) counterparts, each of which shal2 be deemed an original. Records Retention The AGENT shall keep copies of all records and accounts, including financial, statistical, property and participant records and support documents pertaining to the operation of this AGREEMENT and/or ADDENDUM(S) hereto for four (4) years following the expiration of this AGREEMENT. However, if any audit claim, litigation, negotiation or other action involving the records has been started before the expiration of the four (4) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or the four (4) year period, whichever is greater. Records of non-expendable property shall be retained for a period of three (3) years after final disposition of the property. The AGENT shall be responsible for all costs associated with this provision. The STOP Organization, and any of its authorized representatives shall have the right of timely and reasonable access to any books, documents, papers, computer records, or other records of the Agent and its subcontractors that are pertinent to their Agreement and any Addendum(s) hereto in order to conduct audits and examinations, and to make excerpts, transcripts, and photocopies of such documents. This right also includes timely and reasonable access to Agent, Agent's personnel and Agent's subcontractor and subcontractor personnel for the purpose of interviews and discussion related to such documents. The right of access is not limited to the required retention period but shall last as long as the. records are retained. Contract Close-Out 4.29.1 The AGENT shall forward to The STOP Organization within four (4) weeks of the termination of this contract, or as may otherwise be determined by The STOP Organization, a completed Close-Out Package, as specified by The STOP Organization. 4.29.2 Upon completion of the program or upon the earlier termination of this subject program for any reason, within four (40 weeks after the close of the month in which the services or activities to be provided by the AGENT pursuant to this AGREEMENT and any ADDENDUM(S) hereto are completed or earlier terminated, as the case may be, the AGENT shall provide to The STOP Organization, a final closeout report in accordance with Section 4.29 hereof. 4.29.3 The AGENT shall be responsible for the return of all WIA property with unit cost in excess of $300, unless otherwise determined by The STOP Organization. 19 Basic Agreement Number: .STOP-01-01 -PY'0? IN WITNESS HEREOF, City of Virginia Beach/CARE Youth Leadership Camp has caused this AGREEMENT to be executed and signed in its name by its ~ity Mnnnger and the STOP Organization has caused this AGREEMENT to be executed and signed in its name by Edith R. Jones, President & CEO, all as of the date and year written above. CITY OF VIRGINIA BEACH/ CARE YOUTH LEADERSHIP CAMP By____.__ James K. Spore, City Manager/ Authorized Designee of City Manager By ~orhood Preservation By.__.___ THE STOP ORGANIZATION Edith R. Jones, President & CEO Reviewed by City Attorney/Law Office IX. Certification I agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this proposal on behalf of the offeror. Signature Name and Title Date 20 Personnel Fringe Benefits CITY OF VIRGINIA BEACH CARE YOUTH LEADERSHIP CAMP PROGRAM COSTS FOR SLrMMER REVISED BUDGET Approved by the STOP Organization One Director/'or overtime hrs. One Lead Teacher for training teachers One. Secretary for overtime hrs. Ten Teachers to train participants Lead Teacher & 10 teachers only $38x90hrs $ 3,420 $15x205hrs. 3,075 $23×90hrs. 2,070 $10x205hrsxl0 20,500 7.65x$23,575 _ 935 $30,000 Note: CAKE will pa), for the Director, Secretary. & $869 Fringe Benefits Addendur LINE ITEM BUDGET OBJECT CODE Personnel Salaries aad Fringe Benefits Grand Total TOTAL $30,000 $30,000 Addendum 1-A CONSIDERATION OF PAYMENT In-consideration of th-e'services' to be-performed by tli~"AGENT, as Set forth in addendum II page (3) under the paragraph entitled Program Design The STOP Organization agrees to pay the AGENT the total sum of Thirty Thousand ($30,000.) Dollars upon completion of services ending August 16, 2002. CITY OF VIRGINIA. BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members Of Council James K. Spore, City Manager Appropriation of the Library Gift Fund MEETING DATE: August 13, 2002 Background: Each year the Virginia Beach Public Library receives cash donations from citizens and organizations for the purchase of Library materials, furniture and equipment. We currently have a total of $15,239 in the Library Gift Fund. Considerations: The department is requesting an appropriation of $14,715 from the Library Gift fund. The Collection Management division will utilize $13,000 to purchase library materials (books, tapes, etc.) for the Central Library and the area libraries. The Special Services Library for the Blind and Visually Handicapped will use $600 to purchase Described Video Service (DVS) videos and the South Rosemont Youth Library will use $1,115 to purchase comfortable seating in the preschool area of the library. The DVS videos are special videos for the blind that include narrators describing the settings and actions of a video. Public Information: Public information will be handled through the normal Council Agenda process. Alternatives: This is the system set up to receive and appropriate cash donations. The department is purchasing library materials and library furniture for their customers as these donations were intended. Using other budgeted funds would diminish the capacity of the Department to provide other planned services. Recommendations: It is recommended that Council adopt the attached ordinance appropriating funding from the Library Gift Fund for the purchase of library materials and furniture. Attachments: Ordinance Recommended Action: Approve Ordinance Submil g ~/Agency: Department of Public Libraries/Administration City Mana! F:\D; ~NONC, Gift Fund.arf.wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE $14,715 IN THE VIRGINIA BEACH LIBRARY GIFT FUND TO THE FY 2002-03 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC LIBRARIES FOR THE PURPOSE OF PURCHASING LIBRARY MATERIALS AND EQUIPMENT WHEREAS, the Virginia Beac~ Public Library has received cash donations from citizens and organizations for the expressed purpose of providing additional library materials and equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $14,715 in the Library Gift Fund is hereby appropriated to the FY 2002-03 Operating Budget of the Department of Libraries for the purpose of providing additional library materials and equipment. 2. That estimated revenue in the FY 2002-03 Operating Budget as a result of donations from citizens and organizations is hereby increased by $14,715. 18 19 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-8582 Ordin/noncode/Library Gift Fund.ord.wpd July 31, 2002 R2 Approved as to Content: Management · Approved as to Legal Sufficiency: City Attorney's~fic~f CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request - 333 Teal Crescent, Lot 70 · Pier, Bulkhead and Boat Lift into Pike Inlet Applicant- Charles F. Earp and Donna C. Earp MEETING DATE: August 13, 2002 Background: Mr. and Mrs. Earp have requested an encroachment into a portion city owned property known as Pike Inlet Canal for the purpose of constructing and maintaining an existing pier, existing bulkhead and proposed boat lift located at 333 Teal Crescent. Considerations: City staff have reviewed the request for the encroachment of the existing pier, existing bulkhead and proposed boat lift and have recommended approval of same subject to certain terms and conditions outlined in the attached agreement. There are other existing encroachments of a similar nature in Pike Inlet Canal. Public Information: Advertisement of City Council Agenda. Alternatives: Approve encroachment subject to the terms and conditions of the agreement, deny the encroachment or add conditions as desired. Recommendations: Staff recommends approval of this request subject to the terms and conditions of the agreement. Attachments: Ordinance Location Map Agreement Plat Photos Recommended Action: Approval Submitting Department/Ag~cy: Public Works City 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF PIKE INLET CANAL BY CHARLES F. EARP AND DONNA C. EARP, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, CHARLES F. EARP AND DONNA C. EARP, husband and wife, desire to construct and maintain an existing pier, existing bulkhead and proposed boat lift into a portion Pike Inlet Canal. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as mended, 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 Vir~nia, 1950, as amended CHARLES F. EARP AND DONNA C. EARP, husband and wife, their, assigns and successors in title are authorized to construct and maintain an existing pier, existing bulkhead and proposed boat lift into a portion of Pike Inlet Canal located at the rear of 333 Teal Crescent, Lot 70, Pike Inlet Canal as shown on the map entitled: "ENCROACHMENT REQUEST BULKHEAD, PIER AND BOAT LIFT FOR CHARLES F. AND DONNA C. EAR1> LOT 70, SANDBRIDGE SHORES, SECTION lB, NORTH PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA. (M.B. 103 P.G. 24) DATE FEBRUARY 11, 2002" a copy of which is on file in the Works and to which reference is made for a more particular Department of Public description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between 29 30 31 32 33 34 35 36 37 the City of Virginia Beach and CHARLES F. EARP AND DONNA C. EARP, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as CHARLES F. EARP AND DONNA C. EARP and the City Manager or his authorized designee execute the Agreement. Adopted by the C. ouncil of the City of Virginia Beach, V~inia, on the day of ,2002. 38 39 4O CAd~ R-1 PREPARED: July 23, 2002 APPR(G~r~ D AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL LOCATION MAP SCALE: 1" ---- 1,600' SEW SEW LOCATION SEW \ \ LOCATION MAP FOR ENCROACHMENT CHARLES F. EARP & DONNA C. EARP SCALE: 1" -- 100' PREPARED BY P/W ENG. DRAFT. 23-JUL-Z002 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(aX3) AND 58.1-811(¢X4) REIMBURSEMENT AUTHORIZFD UNDER SECTION 25-249 THIS AGREEMENT, made this ~ day of ~ 20~ by and between the CITY OF VIRGINIA BEACH, VIRGn~A, a municipal corporation, Grantor, "City", and CHARLES F. EARP AND DONNA C. EARP ,THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee'; even though more than one. WITNE S SE TH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT #70, SECTION #, lB SANDBRIDGE SHORES" and being further designated and described as 333 Teal Crescent, Virginia Beach, Virginia 23456; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a existing p~er, existing bulkhead and proposed boat lift, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it. is necessary that the Grantee encroach into a portion of an existing City canal, known as Pike Inlet and located at the rear of 333 Teal Crescent, ''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 GPIN GPIN 2433-16-5290 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 ~aore particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST BULKHEAD, PIER AND BOAT LIFT FOR CHARLES F. AND DONNA C.. EARP LOT 70, SANDBRIDGE SHORES, SECTION lB, NORTH PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA Ovl. B. 103 PG. 24) DATE: FEBRUARY 1 l, 2002", 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 2 encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any en~:roachment 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 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 necessap~ by the City, and ali 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 re,hove the Temporary Encroachment; and 3 pending such removal, the City may charge, the Grantee for the use of The Encroachment Area, the equivalent of what would be the real properB~ 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 therea~er, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CHARLES F. EARP AND DONNA C. EARP, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk CHARLES F. EARP 4 STATE OF VIKGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of · 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public · STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,20 The foregoing instrument was acknowledged before me this day of , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 STATE OF CITWCOUNTY OF The foregoing instmmem was acknowledg~ before me t~s ~ g~ ~ f~2~ day o /~ ' , 200_~ by CHARLES F. EARP Notary Public My Commission Expires: STATE OF CITY/COUNTY OF ~ffF'/'.~ ~'' , to,wit: The foregoing instrument was acknowledged before me this/'~:' ~ ~'~ay o ,20 _0.)~ by DONNA C. EARP -Notary Public My Commissi~y_~.~ APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT q~ItY REAL E'STATE AGENT 6 MICHAEL KWlATKOWSKI 24.33-16-7094 MLW -0.4' AND MHW 2.4' AT FACE OF BULKHEADS EXCEPT AS SHOWN. LOT 69 N/F RICHARD d. WILCOX 24,35-16-7215 WATERFRONT CONSULTING, INC 1112 dENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 2,3451 PHONE: (757) 425-8244 FAX: (757) 425-824-4 NOTE: PIUNG FOR PIER AND BOAT UFT WERE SET IN CONJUNCTION WITH BULKHEAD INSTALLATION. ENCROACHMENT REQUEST IS FOR BULKHEAD, PIER AND PROPOSED BOAT MFr. JPA IS FOR AFTER-THE-FACT PIER AND PROPOSED BOAT MFr. PROPOSED UFr LOT R,=50.O0' L,=58.47' LOT 71 RICKARD E. BURNELL 24,33-16- 4257 TEAL CRESCENT (5o') SITE PLAN SCALE 1" = 40' ENCROACHMENT REQUEST BULKHEAD, PIER AND BOAT LIFT F33R CHARLES F. ANI~ DONNA C. EARP LOT 70, SANDBRIDGE SHORES, SECTION lB, NORTH PRINCESS ANNE DISTRCT VIRGINIA BEACH, VA (M.D. 103 PG. 24-) DATE: ,FEBRUARY 11, 2002 EXHIBIT "A" #1 l~xisfing Pier and Pilings for Boat Lift (Proposed) #2 Existing Pier and Bulkhead #3 Existing Bulkhead g4 Looking Across Canal ~ Neighbors Pier and Bulkhead #5 Looking East ~ Similar Structures K. PLANNING Application of CURTIS E. & RHONDA L. BOWEN replace a nonconforming use at 2221 Salem Road, containing 40,000 square feet. (DISTRICT 1 - CENTERVILLE) Application of NELLIE M. SCHUYLER for the .e. xpansion of a nonconforming use to enlarge a single family dwelling in R-40 District Lots 3 and 4, Kings Grant at 3021 Bray Road, containing 1.45 acres. (DISTRICT 5 - LYNNHAVEN) o Application of JOHN S. DUDLEY for a Variance to Section 4.4(b) of the Subdivision Ordinance re all newly created lots must meet the requirements of the City Zoning Ordinance (CZO) at 1868 and 1872 Malbon Road. (DISTRICT 7 - PRINCESS ANNE) Application of VERONICA LITTLE BEASLEY for a Conditional Use Permit for a family day-care home at Forest Glen Road and Windsor Oaks Boulevard (3901 Forest Glen Road), containing 10,500 square feet. ( DISTRICT 3 - ROSE HALL) o Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North Landing and West Neck Roads, containing 65.1 acres: (DISTRICT 7 - PRINCESS ANNE) Change of Zoning District Classoqcation from AG-1 and AG-2 Agricultural to Conditional R-30 Residential re single family lots no less than 30,000 sq. ft. b. Conditional Use Permit re Open Space Promotion Variance Appeal re certain elements of the Subdivision Ordinance, Section 4.4Co), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce required street width o Application of RANDEE MARIE HOLMES for a Conditional Use Permit for a home daycare at Blue Knob Road west of Cannan Valley Avenue (1952 Blue Knob Road), containing 7,500 square feet. (DISTRICT 1 - CENTERVILLE) Applications of the CITY OF VIRGINIA BEACH: modification of a Conditional Use Permit to fill a borrow pit (approved by City Council on April 27, 1964), located on the north side of the Norfolk-Southern Railway right-of-way, west of Airstation Drive (DISTRICT 6 - BEACH) bo Ordinance to AMEND the City Zoning Ordinance(czo) re sign regulations in the B-3A Pembroke Central Business Core District CITY OF VIRGINIA. BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Curtis E. and Rhonda L. Bowen, Enlargement and Conversion of a Non- Conforming Use MEETING DATE: August 13, 2002 Background: Application of Curtis E. & Rhonda L. Bowen requesting a resolution authorizing the replacement of a nonconforming use at the northwest intersection of Salem Road and Meadow Drive. Parcel is located at 2221 Salem Road and contains 40,000 square feet (GPIN #1474-96-6222). DISTRICT 1 - CENTERVILLE. Considerations: Staff has requested additional information from the applicant necessary before the review of this application can continue. The requested information was not submitted by the deadline established by Staff in order for this request to be reviewed and heard by the City Council. Recommendations: An indefinite deferral of this item is necessary. Recommended Action: Staff recommends indefinite deferr,~./~ Submitting Department/Agency: Planning Department City Manager ~.~.. , ~~ MW H.-6 Nellie M. Crpin 1497-29-3703 ZONING HISTORY Subdivision Variance Approved 9-10-79 Rezoning (Northern portion R-S1 Residential Suburban District to RR3b Rural Residential District; Southern portion RR3b Rural Residential District to R-S1 Residential Suburban District) Approved 5-20-60 Conditional Use Permit (boat marina) Approved 5-20-60 CITY OF VIRGINIA .BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Nellie M. SchuYler, Enlargement and Conversion of a Non-Conforming Use MEETING DATE: August 13, 2002 Background: Application of Nellie M. Schuyler requesting a resolution authorizing the expansion of a nonconforming use on Lots 3 & 4, Kings Grant. Parcel is located at 3021 Bray Road and contains 1.45 acres more or less (GPIN #1497-29-3703). DISTRICT 5 - LYNNHAVEN. The applicant is requesting approval to enlarge a nonconforming single-family dwelling in order to provide additional space for the property owner's son and his growing family. The structure is nonconforming because it is one of two single-family dwellings on a single piece of property, which is not permitted in the R-40 Residential District. Considerations: Based on records of the City Assessor's office and Commissioner of Revenue's office, the first dwelling on the property was constructed in the mid to late 1950's. The second dwelling on the subject property was later constructed in 1962 when properties were permitted to have a second building for residential purposes if the building did not abut upon a street and if the building could be constructed in conformity with all the area requirements of the zoning district (Section 6, Master Zoning Plan of Princess Anne County). The proposed expansion of the nonconforming dwelling includes additional space on three sides of the structure, enlarging the footprint from 864 square feet to 1,600 square feet. The proposal includes adding a two-story addition on the north side of the building for a garage with living area on the second floor. A covered porch is proposed for the front of the existing building. An additional six and one-half feet are proposed along the full length of the rear of the building. Additional details are provided in the attached staff report. Recommendations: The applicant's request to expand the nonconforming single-family dwelling is not acceptable. Section 105(d) of the City Zoning Ordinance states that a nonconforming structure may be enlarged, extended, reconstructed, etc. only if the City Council finds that Attachments: Staff Report Resolution Recommended Action: Staff recommends denial. Submitting De gency: Planning Department City Manager: )~. , Schuyler- Non-Conforming Use Page 2 the proposed structure will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff concludes that the proposed structure will not be as appropriate to the district as the existing nonconforming structure. The propos, ed expansion almost doubles the footprint of the existing structure and more than doubles the floor area. Expanded areas of the building also encroach into the required front yard setback and further into the side yard setback. The dwelling on the neighboring property to the south is less than 10 feet from the property line and approximately 30 feet from the existing nonconforming dwelling. With the proposed expansion, this distance between the dwellings will reduce to approximately 23 feet. Problems with setbacks and lot sizes could be even more significant in the future when one or both homes are sold, necessitating potential subdivision of the property. Zoning Variances from the Board of Zoning Appeals and a Subdivision Variance from the City Council would no doubt be needed. If this request is approved, the following conditions are recommended: 1. The footprint of the detached single-family dwelling subject to this resolution of City Council shall be limited to 1,600 square feet. The structure shall be in substantial conformance with the elevations submitted with the application and dated May 20, 2002. Said plans have been exhibited to City Council and are on file in the Planning Department, City of Virginia Beach. The building materials shall be as specified in the application. The roofing materials shall be asphalt shingles and the exterior siding shall be brick and vinyl siding. 3. Only family members of the primary dwelling on the site shall occupy the nonconforming dwelling subject to this resolution of City Council. 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 3O 31 32 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 3021 BRAY ROAD, IN THE LYNNHAVEN DISTRICT family conditions: 1. WHEREAS, Nellie M. Schuyler (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming single-family dwelling situated on a certain lot or parcel of land having the address of 3021 Bray Road, in the R-40 Residential District; and WHEREAS, the said single-family dwelling is a nonconforming use, in that the lot contains two single-family dwellings, which is no longer permitted in the R-40 Residential District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the Applicant's single- dwelling is hereby authorized, upon the following The footprint of the detached single-family dwelling subject to this resolution of City Council shall be limited to 1600 square feet. 33 34 35 36 37 38 39 4O 41 42 43 44 2. The structure shall be in substantial conformance with the elevations submitted with the application and dated May 20, 2002. Said plans have been exhibited to City council and are on file in the Planning Department, City of Virginia Beach. The building materials shall be as specified in the application. The roofing materials shall be asphalt shingles and the exterior siding shall be brick and vinyl siding. 3. Only family members of the primary dwelling on the site shall occupy the nonconforming dwelling subject to this resolution of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 45 46 47 48 CA-8579 bkw/work/nonconschuyler, wpd R-1 July 30, 2002 49 5O 51 APPROVED AS TO CONTENT: Planning 52 53. 54 55 APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 2 NELLIE M. SCHUYLER August 13, 2002 General Information: REQUEST: Enlargement of a nonconforming use - additions and alterations to a nonconforming detached single-family dwelling. ADDRESS: 3021 Bray Road M~ C~in 1¢97-29-37~$ GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 1497-29-3703 5 - LYNNHAVEN 63,489 square feet Ashby Moss The applicant is requesting approval to enlarge a nonconforming single-family dwelling in order to provide additional space for the property owner's son and his growing family. The structure is nonconforming because it is one of two single-family dwellings on a single piece of property. Major Issues: Ensuring that the enlargement of the nonconforming single-family dwelling is no more detrimental to the neighborhood and is as appropriate to the district as the existing nonconforming use. Change to a Non-Conforming Use NELLIE M. SCHUYLER Page 1 Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There are two separate dwellings on the subject property. The property is zoned R-40 Residential District. The second dwelling on the subject property was constructed in 1962, when properties were permitted to have a second building for residential purposes if the building did not abut upon a street and if the building could be constructed in conformity with all the area requirements of the zoning district (Section 6, Master Zoning Plan of Princess Anne County). Under the current City Zoning Ordinance, however, two dwellings on one parcel within the R-40 zoning district are not permitted. Surrounding Land Use and Zoninq North: South: East: West: · Single-family dwellings / R-40 Residential District · Single-family dwellings / R-40 Residential District · Single-family dwellings, some with garage apartments or detached guest cottages / R-40 Residential District · Across waterway, single-family dwellings / R- 30 and R-20 Residential Districts Zoning History From 1954 to 1973, the site was zoned RR-3 Rural Residential District. From 1973 to 1988, the site was zoned R-1 Residential District. From 1988 to the present, the site has been zoned R-40 Residential District. In the immediate vicinity of the subject site, a large area to the south and west was the subject of a rezoning in 1960 from Rural Residential RR3b to Suburban Residential R- S1. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of 65 to 70dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The subject property is a waterfront property subject to the Chesapeake Bay Preservation Area Ordinance. Although the area within 100 feet of the top-of-bank is considered Resource Protection Area, the subject dwelling and proposed expansions are within the Resource Management Area. Therefore, no variance is required from the Chesapeake Bay Preservation Area Board. Public Facilities and Services Water and Sewer Water: Both .dwellings are already connected to City water and sewer with Change to a Non-Conforming Use NELLIE M. SCHUYLER Page 2 Sewer: separate meters. The site is connected to City water. The site is connected to City sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Bray Road is a local street and is not designated on the MTP. Traffic Calculations: No additional traffic generation is anticipated with this proposal. Public Safety Police: No concerns. Fire and Rescue: A Certificate of Occupancy shall be obtained from the Building Code Official before re-occupying the structure. Any Fire Department concerns will be addressed during the building permit process. Comprehensive Plan The Comprehensive Plan Map designates this area for Iow-density suburban residential land use at or below 3.5 dwelling units per acre. Background/Existing Conditions The subject lot was created September 8, 1954, when two lots with frontage on Bray Road were re-subdivided into four lots, two of which do not have frontage on Bray Road: Based on records of the City Assessor's office and Commissioner of Revenue's office, the first dwelling on the property was constructed in the mid to late 1950's. The second dwelling on the subject property was later constructed in 1962 when properties were permitted to have a second building for residential purposes if the building did not abut upon a street and if the building could be constructed in conformity with all the area requirements of the zoning district (Section 6, Master Zoning Plan of Princess Anne County). The smaller dwelling on the subject property, which is the subject of this request, was originally constructed as a detached garage for a house on a neighboring property. The garage also contained office space and kitchen facilities and was therefore considered to be a dwelling. Change to a Non-Conforming Use NELLIE M. SCHUYLER Page 3 The smaller dwelling is currently 864 square feet and is located 62 feet in front of the larger, 2,482 square foot dwelling. Both dwellings are one story. The smaller dwelling sits 38.4 feet from the front property line and 24.9 feet from the southern side property line. Summary of Proposal The proposed expansion of the nonconforming dwelling includes additional space on three sides of the structure, enlarging the footprint from 864 square feet to 1,600 square feet. The proposal includes adding a two-story addition on the north side of the building for a garage with living area on the second floor. A covered porch is proposed for the front of the existing building. An additional six and one-half feet are proposed along the full length of the rear of the building. Section 502 of the City Zoning Ordinance lists the requirements for single-family dwellings in the residential districts. The table below shows the required, existing, and proposed figures. Required by Existing Proposed City Zoning Conditions by Ordinance Applicant Min. Front Yard (in feet) 50 38.4 *22.4 Min. Side Yard- South (in feet) 20 24.9 '18.3 Min. Side Yard - North (in feet)20 108 100 Min. Rear Yard (in feet) 20 335 No change Max. Height (in feet) 35 18 30 Footprint (in square feet) N/A 864 1,600 *Requires variance from Board of Zoning Appeals The dwelling already encroaches in the front yard setback. The proposed expansion increases the front yard encroachment and creates an encroachment in the side yard setback. A variance from the Board of Zoning Appeals is required for these setback encroachments. The applicant has submitted computer-generated elevations of the proposed expansion (see attached). The building is currently brick on all sides with a hipped roof covered in asphalt shingles. While the brick on the front of the building (north side) will be retained, all additions will have vinyl siding. The two- story addition will also have a hipped roof with asphalt shingles like the existing dwelling. · The plan also shows a driveway extension leading from the existing driveway to the proposed garage. NELLIE M. SCHUYLER Page 4 Change to a Non-Conforming Use Evaluation of Request The applicant's request to expand the nonconforming single-family dwelling is not acceptable. Section 105(d) of the City Zoning Ordinance states that a nonconforming structure may be enlarged, extended, reconstructed, etc. only if the City Council finds that the proposed structure will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff concludes that the proposed structure will not be as appropriate to the district as the existing nonconforming structure. The proposed expansion almost doubles the footprint of the existing structure and more than doubles the floor area. Expanded areas of the building also encroach into the required front yard setback and further into the side yard setback. The dwelling on the neighboring property to the south is less than 10 feet from the property line and approximately 30 feet from the existing nonconforming dwelling. With the proposed expansion, this distance between the dwellings will reduce to approximately 23 feet. Problems with setbacks and lot sizes would be even more significant in the future when one or both homes are sold, necessitating potential subdivision of the property. Zoning Variances from the Board of Zoning Appeals and a Subdivision Variance from the City Council would no doubt be needed. Staff cannot recommend approval of this request. If, however, City Council grants approval of this request, the following conditions are recommended: Conditions The footprint of the detached single-family dwelling subject to this resolution of City Council shall be limited to 1,600 square feet. The structure shall be in substantial conformance with the elevations submitted with the application and dated May 20, 2002. Said plans have been exhibited to City Council and are on file in the Planning Department, City of Virginia Beach. The building materials shall be as specified in the application. The roofing materials shall be asphalt shingles and the exterior siding shall be brick and vinyl siding. Only family members of the primary dWelling on the site shall occupy the nonconforming dwelling subject to this resolution of City Council. INOTE: Fui~her conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to m=ct all applicable Cit~/ Codes. Change to a Non-Conforming Use NELLIE M. SCHUYLER Page 5 SUBJECT DWELLING Change to a Non-Conforming Use NELLIE M. SCHUYLER Page 6 NELLIEM. SCHUYLERpage 7 ~~ Change to a Non-Conforming Use Change to a Non-Conforming Use NELLIE M. SCHUYLER Page 8 Change to a Non-Conforming Use NELLIE M. SCHUYLER Page 9 Map K, L 15~.~ AG-I Gpin 2412-25-4622 ZONING HISTORY Conditional Use Permit (Boarding Horses) - Approved 11-26-79 Conditional Use Permit (Animal Kennel and Pet Cemetery) - Denied 8-8-66 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager John S. Dudley, Subdivision Variance MEETING DATE: August 13, 2002 Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John S. Dudley. Property is located at 1868 & 1872 Malbon Road (GPIN #2412-25-4622). DISTRICT 7 - PRINCESS ANNE. Considerations: The applicant is requesting a vadance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. The purpose is to subdivide one lot slightly over 3 acres, with an existing house, from a 94.29 acre site as a gift from the property owner to her son who is the applicant for this request. The Planning Commission placed this item on the consent agenda because the proposed variance appears to meet the criteria for the authorization of a subdivision variance as specified in Section 9.3 of the Subdivision Ordinance and there was no opposition to the request. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 10-0 to approve this request subject to the following conditions: The driveway to the house located on Parcel B shall be evaluated by the Development Services Center to determine if it is sufficient to support emergency vehicles at all times. If determined to be necessary as a result of the evaluation, a gravel or hard surface road shall be constructed in lieu of the existing dirt road. Any improvements to the driveway that are required bythe Development Services Center shall be either installed or bonded prior to recordation of the final subdivision plat. Attachments: Staff Review Planning Commission. Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~ ~./~._, ~~ John S. Dudley Page 2 2. An ingress/egress easement providing use of the existing drivewayfor the residual parcel shall be shown on the final subdivision plat. JOHN B. DUDLEY/# 1 July 10, 2002 General Information: REQUEST: ADDRESS: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance 1868 and 1872 Malbon Road GPIN: ELECTION DISTRICT: 2412-25-4622 #7 - PRINCESS ANNE SITE SIZE: 3.19 acres STAFF PLANNER: Barbara Duke Planning Commission Agenda {'~~.;~-~ July 10, 2002 ~ ,~ JOHN B. DUDLEY / # 1 ......... Page 1 PURPOSE: To subdivide one lot slightly over 3 acres from a 94.29 acre site. There is an existing tenant house on the proposed 3 acre site. The proposed 3 acre site with the existing house will be given as a gift from the property owner to her son who is the applicant for this request. Major Issues: · Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance Site Plan / Preliminary Plat: Existing Lot: The existing lot is 94.29 acres. Proposed Lots: The applicant intends to subdivide one lot slightly over 3 acres from the existing parcel. Item Required Parcel B Residual Parcel Lot Width in feet 150 0* 1000 feet + Lot Area in acres 1 acre 3.19 acres 91.10 acres *Variance required - The subdivision plat shows a lot width of 30 feet for proposed Parcel B; however, none of that 30 feet can count toward ordinance requirements due to the fact that the property is below the 100 year flood elevation of 5.0 foot mean sea level (MSL) In accordance with the Site Plan Ordinance, this area is considered to be a floodplain subject to special restrictions. Section 200 (c) of the City Zoning Ordinance excludes floodplain subject to special restrictions from counting towards minimum lot area. Planning Commission Agenda July 10, 2002 JOHN B. DUDLEY / # 1 Page 2 g1.10 .4. AC. 1077.7~' ~ro Planning Commission Agenda July 10, 2002 JOHN B. DUDLEY ! # 1 Page 3 Land Use, Zoning, and Site Characteristics Existinq Land Use and Zoninq The property is zoned AG-land AG- 2 Agricultural District. There are three houses on the 94.29-acre parcel - a main house and two tenant houses. The tenant houses are considered under the zoning ordinance to be "shelter for farm employees". The current zoning ordinance requires that a conditional use permit be obtained for farm employee shelters; however, at the time the main house was constructed on this parcel in 1972, there was no such requirement to obtain a use permit for farm employee shelter. There is one tenant house located on the westem portion of the property. The main house is located on the eastem portion of the property and the second tenant house, which is the subject of this application, is located behind the main house, approximately 900 feet from Malbon Road. Proposed Parcel B is shown with a stem that measures 30 feet wide by 700 feet long. Proposed Parcel B would encompass the existing tenant house and surrounding yard that is behind the main house, as well as the existing 700-foot long dirt road serving as a driveway. The residual parcel would contain the farmland and the existing main house and yard that are located closer to Malbon Road at the front of the prOperty, as well as the existing tenant house located on the westem portion of the property. Surroundinq Land Use and Zonin,q North: South: East: West: · Farmland / AG-l/and G-2 Agricultural District · Single-family homes / AG-1 and AG-2 Agricultural District · Farmland / AG-1 and AG-2 Agricultural District · Farmland / AG-1 and AG-2 Agricultural District Planning Commission Agenda ~.- ,. · July 10, 2002 ~ ' '~'-'' JOHN B. DUDLEY/# 1 ~ Page 4 Zonina History There is very little zoning history to report in this area. To the south of the site, a conditional use permit for boarding horses was approved in 1979. Southwest of the site, a conditional use permit for an animal kennel and pet cemetery was denied in 1966. .Air Installation Compatible Use Zone (AICUZ) The AICUZ districts surrounding NAS Oceana or NALF Fentress do not impact the site. Natural Resource and Physical Characteristic~ The eastern half of the 94.29-acre site, where the proposed subdivision is located, is within the 100-year floodplain adjacent to Muddy Creek. The 100-year floodplain is referred to as the floodplain subject to special restrictions in city development ordinances. The two areas on the eastern half of the site that contain the houses and yards are located on rises that are above the floodplain elevation (5.0 feet MSL) and are surrounded by property at lower elevations that is part of the floodplain subject to special restrictions. The driveway to the existing house on proposed Parcel B is on the portion of property that is within the floodplain. The western half of the property is above the 100-year floodplain elevation. Planning Commission Agenda JOHN B. DUDLEY/# 1 Page 5 Public Facilities and Services Water and Sewer There is no public water or sewer service in this area of the City. The Health Department has approved well and septic systems for the existing dwellings. Any new additions, modifications or new structures would require additional approvals from the Health Department. Comprehensive Plan The Comprehensive Plan recommends forestry, farming, rural residential and other rurally compatible land uses for this area. Evaluation of Request Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Bo The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Co The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever Planning Commission Agenda July 10, 2002 JOHN B. DUDLEY / # 1 Page 6 such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The eastern half of the subject site has a unique topographic profile that includes nodes of high ground surrounded by lower ground that is subject to flooding during lO0-year storm events. There are areas of high ground at the rear of the site that are thus isolated from the roadway because of this topography. The proposed 3 acre site is located on high ground outside of the floodplain, with the exception of the driveway stem and a small piece at the back of the proposed lot that is currently fenced in. The driveway stem flanks the existing dirt road that provides access to the existing house on the proposed 3 acre site (Parcel B) and the main house on the residual parcel. The 30 foot width proposed for the driveway stem conserves the maximum amount of farmland on the residual parcel. Based on the fact that close to half of this site is within the floodplain subject to special restrictions, it appears that with this subdivision the applicant will be exhausting the residential density allowed by right for agricultural properties under Section 402(b) of the City Zoning Ordinance. No further subdivision of the residual property would be allowed. The ideal situation would be to have all of the homes on this site located on the western portion of the lot, outside of the floodplain influence; however, two homes currently exist on the eastern portion. This situation does not appear to be general or recurring. It is unique to this property. Staff recommends approval of this variance with the following conditions. Conditions The driveway to the house located on Parcel B shall be evaluated by the Development Services Center to determine if it is sufficient to support emergency vehicles at all times. If determined to be necessary as a result of the evaluation, a gravel or hard surface road shall be constructed in lieu of the existing dirt road. Any improvements to the driveway that are required by the Development Services Center shall be either installed or bonded prior to recordation of the final subdivision plat. An ingress/egress easement providing use of the existing driveway for the residual parcel shall be shown on the final subdivision plat. JNOTE: Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation. Planning Commission Agenda =00= Page 7 Further conditions may be required during the administration of applicable City Ordina, nces. Planning Commission Agenda July 10, 2002~.~,...~:~-'..~ * JOHN B. DUDLEY / # 1 Page 8 Planning Commission Agenda{~~**~~.~~'~.-~ ~ ~ July 10, 2002 ~ JOHN B. DUDLEY / # 1 .. · ..... Page 9 Item #1 John S. Dudley Appeal to Decisions of Administrative Officers in Regard to certain elements of the Subdivision Ordinance 1868 & 1872 Malbon Road District 7 Princess Anne July 10, 2002 CONSENT Ronald Ripley: Okay. Next order of business is the items that are placed on Consent. And I'd ask Dot Wood if she would please call those up in order. Dorothy Wood: Thank you Ron. This afternoon we have three items on the Consent agenda. As I call the item, would you please step to the podium, the applicant or his representative and state your name, if you have read the conditions and if you agree with them. If there' s any opposition to an item, please come forward also. The first item is Item #1, which is John S. Dudley. It's at Princess Anne District and it's an Appeal to Decision of Administrative Officers in regard to certain elements of the subdivision ordinance for property located at 1868 and 1872 Malbon Road. Again, that is in District 7, Princess Anne. Amy Dudley: Hi. Dorothy Wood: Can I have your name please? Amy Dudley: Amy Dudley. Dorothy Wood: Okay. Have you read the conditions Amy? Amy Dudley: Yes I have. Dorothy Wood: And you agree with them? Amy Dudley: Yes I do. Dorothy Wood: Thank you. Is there any opposition to Item #1 at 1868 and 1872 Malbon Road? I'm sorry, there are four conditions. I'm sorry, there are two conditions. The next item is... Ronald Ripley: Dot. As a procedure, the Commission would like to comment as to why it's consenting this item. This seemed to be a very typical item that staff seemed to be very comfortable with it and so was the Planning Commission.. The action will exhaust any rights to further subdivide according to the write up and the property, even though it's in a flood zone, the property that is being subdivided is not in a flood zone, so we saw it as a routine matter. And that's why we're recommending Consent. John Baum: And the other thing is the Consent items have no opposition. Ronald Ripley: Correct. Dorothy Wood: Mr. Ripley, I would move to approve item #1 with two conditions, which is John S. Dudley. Property located on Malbon Road. Ronald Ripley: So we have a motion to approve. Do I have a second? Seconded from Will Din. So, we're ready for the question unless there's any discussion. AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE Item #1 John S. Dudley Page 2 BAUM CRABTREE DIN HORSLEY MILLER RIPLEY SALLE' STRANGE VAKOS WOOD Ronald Ripley: AYE AYE AYE AYE AYE AYE AYE AYE AYE By a vote of 10-0, the motion passes. ABSENT i SUBDI IsION , ¥AR NCE. : }plicant's Name: st All Current operty Owners: DISCLOSURE STATEMENT PROPERTY OWNER DISCLOSURE :he property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ~!,e pr~,perty owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list · -,embers 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 ,~rganization. the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE 0~e applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) th: applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all ,hers or partners in the organization below: (Attach list if necessary) ~heck here if. the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. '~ERTIFICATION: I certify that the information contained herein is true and accurate. Print Name Rev. 9/15/98 MAYOR OBERNDORF: July 2, 2002 Okay. COUNCILM~N JONES: Second. MAYOR OBERNDORF: Okay. Thank you. There's a motion to approve these items and seconded by Mr. Jones. Any discUssion? Okay. Are we ready for the question? COUNCIL LADY McCLANAN: I believe the Application of Number 10 is -- COUNCILM~N JONES: Deferred indefinitely. COUNCIL LADY McCLANAN: Yes. MAYOR OBERNDORF: Yes, ma'am. And I noticed you wanted to be sure that Item Number 2 was not only deferred indefinitely, but that the Applicants post a sign. COUNCIL LADY McCLANAN: Yes. MAYOR OBERNDORF: Are we ready for the question? CITY CLERK: Mr. Mandigo abstaining. By a vote of 11 to 0, except on Item Number 8 for Planning and 10 to 0 with You have approved the Consent Agenda of Planning Items and Ordinances. MAYOR OBERNDORF: Thank you. July 2, 2002 kind of things. ~YOR OBERNDORF: Mr. White, if she is already operating, couldn't Social Services take a look to begin to let us know what is happening? STEPHEN WHITE: It's my understanding she is in the process of going through licensing right now. So, they have probably already been out there. But, I can find out. MAYOR OBERNDORF: Usually when somebody has already created the business and then they come back to ask us for a Conditional Use Permit, it's usually somebody in the neighborhood who has brought it to the attention of the City. STEPHEN WHITE: I'm not sure how this one got in front of you. MAYOR OBERNDORF: Okay. COUNCIL LADY McCLANAN: If the Council -- I am in agreement that there are a number of questions here that don't seem to have that clear of an answer with that canal behind the property and I couldn't see, you know, without going -- I didn't want to go snooping. Though, the front fence is quite high. So, maybe if we can get some help from Social Services and check, because that fence would have to be pretty high to serve any purpose in the back. It's not a good situation I don't think. FORMAL SESSION ViCE MAYOR MANDIGO: Planning Item 10, request for an indefinite deferral for the work to be done on the part of the District Representative and the Staff, the Application of Veronica Little Beasley for a Conditional Use Permit for a family day-care home at Forest Glen Road and Windsor Oaks Boulevard. July 2, 2002 it's not clear. COUNCIL LADY EURE: would have one other. And it would just be one family member and if that family member is available they So, they could have fifteen kids there. COUNCIL LADY McCLANAN: I will check that while it's being deferred, if I may. ~YOR OBERNDORF: Right. COUNCIL LADY McCLANAN: I think we need to clear up how many children. COUNCIL LADY EURE: running the business? And my final question, if I may, is are they already in business? Are they already STEPHEN WHITE: Yes, ma'am. COUNCIL LADY EURE: They are? STEPHEN WHITE: That's my understanding. COUNCIL LADY EUI~E: Okay. M~YOR OBERNDORF: Okay. Mr. Schmidt. COUNCILMAN SCHMIDT: Question on the fact that the youngsters are two to twelve. I presume we have certain standards on fence heights for that canal in the back of the property to make sure that it's not something they can flounder over? STEPHEN WHITE: Well, when you start getting into those kind of requirements, she needs to get the Conditional Use Permit from us but she also needs to get licensed from Social Services and they get into those kind of requirements'as to the adequacy of the fencing and the interior arrangement -- those July 2, 2002 INFORMAL SESSION MAYOR OBERNDORF: The next one is Rose Hall. COUNCIL I2~DY McCLANAN: I'm going to have to ask the Council to defer this. .They have no sign. I went over there today and the sign isn't up, and the recommendation in the Minutes is different. When I got the Minutes of the Planning Commission Meeting, she said in the Minutes I want to reduce the children to eight, but our Agenda says ten. Plus, that yard is small. But, if you-all would go along with deferring it until she can post a notice. Was the sign up for the Planning Commission? STEPHEN WHITE: It was up for the Planning Commission. COUNCIL LADY McCLANAN: But, it's down. There is no sign up. STEPHEN WHITE: Maybe they misunderstood and took it down. We can tell her to get it back up. COUNCIL LADY McCLANAN: Okay. So, how long should we defer it? COUNCIL LADY EURE: Indefinitely. COUNCIL LADY McCLANAN: Indefinitely. COUNCIL LADY EURE: They can bring it back as soon as they can. COUNCIL LADY McCLANAN: Okay. COUNCIL LADY EURE: know, plus ten. But, Reba, I have a problem with how many children are in the home already -- you COUNCIL LADY McCLANAN: Well, that's not real clear. In the Minutes 2 Item V-J. 10. PLANNING - 47- ITEM # 49899 Upon motion by Vice Mayor Mandigo, seconded by Councilman Jones, City Council DEFERRED INDEFINITELy Ordinance upon application of VERONICA LITTLE BEASLEE. ORDINANCE UPON APPLICA TION OF VERONICA LITTLE BEASLEY FOR A CONDITIONAL USE PERMIT FOR A FAMILY DAY-CARE HOME Ordinance upon Application of Veronica Little Beasleyfor a Conditional .Use Permit for a family day-care home on the south side of Forest Glen Road, east of Windsor Oaks Boulevard (GPIN #1486-26-6912). Said parcel is located at 3901 Forest Glen Road and contains 10, 500 square feet. DISTRICT 3 - ROSE HALL. Voting: 11-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Vice Mayor Robert C. Mandigo, Jr., Mayor Meyera E. Oberndor~, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent., None July 2, 2002 Virginia Beach City Council July 2, 2002 6:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Robert C. Mandigo, Vice Mayor Margaret L. Eure Louis R. Jones Reba S. McClanan Richard A. Maddox Jim Reeve Peter W. Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood At-Large District 2 - Kempsville District 1 - Centerville District 4 - Bayside District 3 - Rose Hall District 6 - Beach District 7 - Princess Anne At-Large At-Large At-Large District 5 - Lynnhaven CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Planning Application of Veronica Little Beasley Item V-J. IO. PLANNING -47- ITEM # 49899 Upon motion by Vice Mayor Mandigo, seconded by Councilman Jones, City Council DEFERRED INDEFINITELy Ordinance upon application of VERONICA LITTLE BEASLEY.. ORDINANCE UPON APPLICA TION oF VERONICA LITTLE BEASLEY FOR A .CONDITIONAL USE PERMIT FOR A FAMILY DAY-CARE HOME Ordinance upon Application of Veronica Little Beasley for a .Conditional .Use Permit for a family day-care home on the south side of Forest Glen Road, east of Windsor Oaks Boulevard (GPIN #1486-26-6912). Said parcel is located at 3901 Forest Glen Road and contains 10,500 square feet. DISTRICT 3 - ROSE HALL. Voting.. 11-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Vice Mayor Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 2, 2002 .,'t4~p F-g M~p Nc"c 'to Stole Veronica Little Gpin 1486-26-6912 ZONING HISTORY There is no zoning history to report in the immediate vicinity of the subject site. CITY OF VIRGINIA BEACH AGENDA' ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Veronica Beasley. Conditional Use Permit MEETING DATE: August 13, 2002 Background: An Ordinance upon Application of Veronica Little Beasley for a Conditional Use Permit for a family day-care home on the south side of Forest Glen Road, east of Windsor Oaks Boulevard (GPIN #1486-26-6912). Said parcel is located at 3901 Forest Glen Road and contains 10,500 square feet. DISTRICT 3 - ROSE HALL. This request was deferred by the City Council at the July 2, 2002 meeting. Considerations: The applicant is requesting a conditional use permit to operate a home daycare for up to 10 children ranging in age from 2 to 12 years. Recommendations: A motion was passed unanimously by the Planning Commission by a recorded vote of 10-0 to approve this request subject to the following conditions: The home daycare shall be limited to a total of 10 children other than children living in the home. There shall be no more than five children under the age of 2~ in the home at one time. 2. Hours of operation shall be limited to Monday through Friday, 6:00 am to 6:00 pm. · 3. No more than one person other than a relative residing in the home shall be employed by the home daycare. 4. A fence shall be installed in the rear yard to create an enclosed play area. 5. Any loose materials or equipment in the front, side,' or rear yards shall be removed Attachments: Staff Review Planning Commission Minutes Correspondence Received by Planning Commission Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ .. I,, ~" ,., ~'~ Veronica Beasley Page 2 or stored in an enclosed building. 6. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any time. The applicant shall maintain a family day home license with the Commonwealth of Virginia. Failure to maintain a family day home license shall result in revocation of the conditional use permit for the family day care home. 8. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. VERONICA BEAS EY/#9 REQUEST: ADDRESS: General Information: Conditional Use. Permit ('family daycare home) 3901 Forest Glen Road ~/a,o .o~ ~ .... soo,, Veronica June 12, 2002 GPIN: ELECTION DISTRICT: SiTE SIZE: 1486-26-6912 3 - ROSE HALL 0,500 square feet G-pin 1486-26-6912 Planning Commission Agenda June 12, 2002 VERONICA BEASLEY / # 9 Page 1 STAFF PLANNER: PURPOSE: Ashby Moss The applicant proposes to operate a home daycare for up to 10 children ranging in age from 2 to 12 years. Proposed hours of. operation are from 6 am to 6 pm. ©ne full time employee is proposed to assist with care of the children. Major Issues: Impact of additional noise and traffic on neighboring properties. Land Use, Zoning, .and Site : .haracterlstlcs. ExiSting Land Use and Zoning A single family home currently exists on the property. The property is zoned R-7.5 Residential District. Surroundin.q Land Use and Zoning North: South: East: West: · Single family homes / R-7.5 Residential District · Across canal, townhouses / A-12 Apartment District · Single family homes / R-7.5 Residential District · Single family homes / R-7.5 Residential Distdct Zoninq History Although they do not appear on the zoning history map, three conditional usepermits for home daycares have been approved in the vicinity of the subject site. On January 21, 1985, a home daycare for five children was approved on Silina Drive; on December Planning Commission Agenda June 12, 2002 VERONICA BEASLEY / # 9 Page 2 15, 1992, a daycare for nine children was approved on Kings Point Road; and most recently, on October 28, 1997, a home daycare for up to 12 children was approved on North Piping Rock Road. All three are located northeast of the subject in the same neighborhood. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The rear 15 feet of the property is part of a canal approximately 30 feet wide. The canal is part of a 40-foot drainage easement that straddles the property lines between the subject site's single family neighborhood and the townhouse community behind.it. There is a bulkhead protecting the shoreline on the north, side (single family side) of the canal. Public Facilities and Services · Water and,,, S~wer Water: There is an 8-inch water main in Forest Glen Road fronting the property. The site has an existing 5/8-inch water meter.. · Sewer: There is a 15qnch sanitary sewer main in Forest Glen Road fronting the property. This site is already connected to City sanitary sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Forest Glen Road is a local residential collector street that conneCts to Rosemont Road. This road is not designated on the MTP, nor are any improvements scheduled in the current adopted CIP for this road. Traffic Calculations: Street Name Forest Glen Present Volume 2,200 Present I______~ Generated Traffic 6,200 ADT~ I Existin_~ ~"~ Use '-- 10 ~ Planning Commission Agenda June 12, 2002 VERONICA BEASLEY / # 9 Page 3 Road.I I Level°f. ServiceCI Proposed Land Use ~- 3O to 40 ADT I Average Daily Trips as defined by single family home as defined by home daycare with 10 children Public Safety Police: Adequate - no further comments. Fire and Rescue: Adequate - A Certificate of Occupancy must be obtained from the Building Official for the change of use. No more than five children under 2-~/5 years of age are permitted unless the use is designated as an "1" use group. Permits' and Inspections shall determine requirements for fire protection systems. The continued maintenance of these systems must be in compliance with the Fire Code. Comprehensive P an ..... ' .::',: .' The Comprehensive Plan map recommends suburban residential land use for the subject property with a density at.or below 3.5.dwelling units per acre. One. of the Citywide Policies listed in the'Comprehensive Plan is to "preserve and protect the character of existing stable neighborhoods against inappropriate land use intrusions." However, the Plan specifically recognizes the "legitimate public need for a limited amount of compatible support activities, such as daycare services and housing for people with special needs." (p.51) Summary of Proposal Proposal The applicant proposes to operate a home daycare for up to 10 children ranging in age from 2 to 12. One foster child, age 12, currently resides in the home. This child is not included in the total number of children. There will be only one full time assistant, the applicant's aunt, who does not live in the home. The applicant's mother, who also does not live in the home, will assist when the full time assistant is unavailable. The applicant's husband, who lives in the home, will also assist periodically. Planning Commission Agenda June 12, 2002 VERONICA BEASLEY / # 9 Page 4 · Hours of operation are proposed from 6 am to'6 pm. Site Desiqn The single family dwelling is located on a 10,500 square foot lot. The lot backs up to a canal that separates the property from a townhouse community across the canal. · The applicant proposes to install a fenced in play area in the rear yard, approximately 2,700 square feet in area. Vehicular and Pedestrian Access,· · The applicant has a straight drive leading to a garage 'and a connected circular drive that curves in front of the home, providing a second access. Architectural Desi.qn · The existing house 'is a one-story frame' house with vinyl siding and some · brick accents. No changes to. the e'x'terior of the house are proposed. · ...... .Landscape and Open Space Desiqn · The yard area of the property has a typical landscape of trees, shrubs, and turf grass. Currently, there are pockets of stored equipment and materials in the side and rear yards. Condition #5 below requires that these be removed or stored in an enclosed structure. Evaluation of Request The request for a home occupation (family daycare home).is acceptable. The exterior play areas appear to be adequate to accommodate the ten children requested. An oversized circular driveway in front of the home would permit a smooth flow of traffic and adequate space for off-street loading and unloading. The applicant is in the process of applying for a license from the State Department of Social Services, which is responsible for ensuring quality care for the children. Condition #7 below requires that the applicant receive the license from the State; therefore, inspections and requirements Planning Commission Agenda June 12, 2002 VERONICA BEASLEY / # 9 Page 5 of that agency must be met. the following conditions. Conditions Staff recommends approval of this .application subject to The home daycare shall be limited to a total of 10 children other than children living in the home. There shall be no more than five children under the age of 2~ in the home at one time. Hours of operation shall be limited to Monday through Friday, 6:00 am to 6:00 pm. No more than one person other than a relative residing in the home shall be employed by the home daycare. 4. A fence shall be installed in the rear yard to create an enclosed play area. 5. Any loose materials or equipment in the front, side, or rear yards shall be removed or stored in an enclosed building. 6. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any time. o The applicant shall maintain a family day home license with the Commonwealth of Virginia. Failure to maintain a family day home license shall result in revocation of the conditional use permit for the family day care home. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet 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 June 12, 2002 VERONICA BEASLEY / # 9 Page 6 Planning Commission Agenda June 12,2002 VERONICA BEASLEY/# 9 Page 7 Planning Commission Agenda June 12, 2002 VERONICA BEASLEY / # 9 Page 8 N~p Noz ~o Scale Veronica Little Beasl, GOVERNORS ;gAY G-pin 1486-26-6912 ZONING HISTORY There is no zoning history to report in the immediate vicinity of the subject site. Item #9 Veronica Little Beasley Conditional Use Permit for a family day-care home South side of Forest Glen Road, east of Windsor Oaks Boulevard 3901 Forest Glen Road District 3 Rose Hall June 12, 2002 REGULAR AGENDA Robert Miller: The next item is Item #9, Veronica Little Beasley. Veronica Beasley: Hi. My name is Veronica Little Beasley. I just want to add that I am certified on file with the Virginia Beach Foster Care. I fostered over 20 kids. I just want to say that I want to reduce the number kids that I asked to take care of 10 kids. I want to reduce that to eight and it is because of the noise and also the age group. I have said from 2-12, six- 12 would be like kids that are in school. But that would only be during the summer and only if I would have an opening. Also, the kids would be monitored at all times. When they're playing outside, they will not be outside all the time. I have a patio also where they will be doing activities also. Also, I know I had a neighbor next door that his wife had to go to sleep early. She goes to work at 5:30 and the day care opens at 6:00. And I did speak to some of the other neighbors and they had no problem with it and if they did, they would come talk to me about anything. And also, if I need to reduce the age group, you know, that would be fine also. Like I said, the 6-12 will only be during the summer when the kids are out of school, if there is an opening. Ronald Ripley: Dot, do you have a question? Dorothy Wood: Ms. Beasley, did you say you had foster children as well as this. Veronica Beastey: I just have one foster child. I have a foster child but I have had - I'm a certified in the foster program and sometime when they may have an emergency or something like that, they will call to see ifI am able to take care of them. Dorothy Wood: And how many. foster children do you have at one time or have you had... Veronica Beasley: The most I've ever had was three. Dorothy Wood: So, it'll be three foster children and your own children and then the 10 other children? Veronica Beasley: I mean that's only, you know, it could be an'emergency and I could just keep them for two weeks. It just depends on the situation. Because at the time, they Item #9 Veronica Little Beasley Page 2 have to take them out of the home right then and they make not have a home port then and they will see, you know, if my house is available to take care of the child. And so they go to the court hearing next morning or something like that, but at the present time I only have one foster child. Dorothy Wood:. I know there's a need but we did receive letters from your neighbors about the noise and that's my concern. Veronica Beasley: Right. I understand. Robert Ripley: Bob Vakos has a question. Robert Vakos: Ms. Beasley. Are you currently operating? Veronica Beasley: No. I'm working full time. Robert Vako. s: Okay. So this is a new application. Ve~'onica Beasley: Yes. Robert Vakos: Okay. That was my only question. Ronald Ripley: Gene, do you have a question? Eugene Crabtree: I'm concerned with the security and the type of fencing you're going to put up to prevent the children fi.om getting to the drainage ditch that's in back of your home. Veronica Beasley: Along the water, we're going to put a fence all the way across. It has a fence on both sides. We're going to put a fence all the way across the water. Then were going to put a fence inside the yard. Eugene Crabtree: How tall? Veronica Beasley: What's ever required. Eugene Crabtree: To prevent children from climbing over it. Because no matter if you watch kids all day long, they get away fi.om you. Veronica Beasley: Oh yes. And also to, they will have someone come out and inspect my inside of the house, my outside of the house, You know, make sure it is safe for the kids. Eugene Crabtree: I'm just concerned... Item #9 Veronica Little Beasley Page 3 Veronica Beasley: I understand. Eugene Crabtree: About the kids getting into that walk-way. Veronica Beasley: Yes sir. Yes, sir. Ronald Ripley: Does anybody else have a quest, ion? So you're going to double fence this property. Veronica Beasley: Oh yes. Yes, sir. Ronald Ripley: Okay. Anybody is opposition? Are you finished? I'm sorry. Dorothy Wood: How old is the foster child you have now? Veronica Beasley: He's 12. Dorothy Wood: You work fulltime so he's there part of the time? Veronica Beasley: My husband is retired from the military... Dorothy Wood: Okay. Thanks. Veronica Beasley: so he takes care of him. Dorothy Wood: So, there will be two care givers there all the time? Veronica Beasley: Yes, ma'am. Well, my husband and I will be there and also my aunt will be there with me full time. Dorothy Wood: So, there will be three care givers for 12 children or 10 children? Veronica Beasley: Yes, ma'am, I mean it's required to have at least two there for that number of children. Ronald Ripley: Bob, do you have a question. Robert Miller: Ronald Ripley: Mr. Miller. Robert Miller: Betsy wishes... Ronald Ripley: Betsy? No, I'm going to make a motion. Do we have any opposition first? Any opposition to this application? Item #9 Veronica Little Beasley Page 4 Betsy Atkinson: I was going to make a motion. Robert Miller: Well, you make one. Ronald Ripley: Go ahead Betsy you make a motion. Betsy Atkinson: I don't have any objection to what you just said. I think the application is fine the way it is. Is that alr/ght with you? Veronica Beasley: That's fine. Thank you. Betsy Atkinson: Okay. Then I'll make a motion to approve the application as written as conditions say. Ronald Ripley: A motion by Betsy Atkinson, seconded by Bob miller to approve the application. Robert Vakos: Just comment. We had some discussion in the informal session. I think for the record. I think the thing - we used to have some real wars on this thing in the earlier Council - Planning Commissions I served on as to, you know, balancing the need &the community and the effects on the neighborhood and I think this is typical application that you would give. You probably have a neighborhood - Ms. Beasley, I assume your neighborhood is a working neighborhood. Veronica Beasley: Yes. Robert Vakos: You have lots of two family or two member wage earners that need this type of service that needs to be close by that need to have the assurances that their kids are going to be taken care of and I think the thing in this application that makes me most comfortable besides all the requirement of operation, is the fact that it is in fact licensed and is inspected and that the building inspection officials will be there. I strongly support this application because of the need. Ronald Ripley: We're ready to vote? Ronald Ripley: By a vote of 10-0, the motion passes. Thank you very much. Veronica Beasley: Okay. Thank you all. AYE 10 NAY 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE ABS 0 ABSENT 1 Item #9 Veronica Little Beasley Page 5 HORSLEY MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE ABSENT Ronald Ripley: ! wish you luck! CITY OF VIRGINIA BEACH Department of Planning Current Planning Division Zoning Enforcement (7§7) 427-8074 Fax (757) 427-4696 Planning Evaluation (757) 427-4621 Fax (757) 426-5667' MEMORANDUM June 11, 2002 TO: File FROM: Ashby Moss SUBJECT: Support from adjacent neighbor for Beasley CUP application I received a phone call from Luzb Tolentino expressing her support for Mrs. Beasley's conditional use permit request for a home daycare facility. Ms. Tolentino lives next door to Mrs. Beasley at 3905 Forest Glen Road. Ashby Moss - Disapproval on GPIN# 1486-26-6912 From: To: Date: Subject: "Caroline Bissett" <cebissett~hotmail.com> <planadm~vbgov.com> 6/11/2002 6:06 AM Disapproval on GPIN# 1486-26-6912 Dear Ashby Moss, This letter is to inform you and the Planning Commission of my disapproval on GPIN # 1486-26- 6912. I have given this a lot of thought. Our home are only 12 feet apart along the water. They back up to a solid wall oftownhomes. The sound causes an amphitheater affect. ! can not agree with Mrs.. Veronica Beasley's request to run a daycare center out of her home. My wife has sleep apnea and is also an early riser for the U.S. Navy She will usually take a nap during some of the time the day care will be open. The sound from the children will interrupt with her schedule. Sincerely, George Brian Bissett Join the world's largest e-mail service with MSN Hotmail. Click Here file://C:\Documents%20and%20Settings\amoss\Local%20Settings\Temp\GW}00003.HTM 6/11/2002 . ) -' f Page lo fl Ashby Moss - conditional use permit (gpin~1486-26-6912) From: To: Date: Subject: <Dws51940@aol.com> <planadm@vbgov.com> 6/7/2002 3'29 PM conditional use permit (gpin#1486-26-69] 2) Cercerning proposed day care center ! according to my neighbors the lady of the house is more than qualified to run a day care center, however based on a Worst Case Senario, I have concerns about the possibility of ] 0 (close to pre-teenage) children at the proposed facility,as we have previously had trouble with non-resisident children ! Thanks ! file://C:\Documents%20and%20Settings\amoss\Local%20Settings\Tem \GW~ 00003.H~M P ~ 6/10/2002 APPLICATIOlX, PAGE 4..OF 4 CONDITIONAL :USEPE. iT CITY"OFVIRGIN~iBE~AC~, .:i :i! ?!ii~ i~:i~ii!:' DISCLOSURE STATEMENT Applicant's Name: List All Current Property Owners: ~,,:t L. 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 ;tot the current owner of the property, co~nplete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ~2] Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Print Name / Rev. 9/15/9R July 9, 2002 to promote responsible growth in this area and to promote responsible '~rowth in this area and to promote the uniqueness that this area does afford us. MAYOR OBERNDORF: You made a motion to defer until August 13th? COUNCILMAN REEVE: Yes, ma'am, I did. MAYOR OBERNDORF: Is there a second? COUNCILMAN MADDOX: I second that. MAYOR OBERNDORF: Thank you. Are we ready for the question? CITY CLERK: Mr. Villanueva and Mr. Reeve, may I have your verbal? COUNCILMAN REEVE: Aye . COUNCILMAN VILLANUEVA: Aye. CITY CLERK: The vote is 11 to 0, Your Honor. MAYOR OBERNDORF Thank you. 41 July 9, 2002 as a new Councilman to give me the information I request and I think .the Applicant has ~worked extremely well with the Staff to come up with a plan that they felt met the comprehensive requirements. For that matter, I would like to defer it for 30 days with the notion that I will make a motion at the next Presentation and I would like to have it on the first available Meeting after our Work Session, Ma'am. CITY CLERK: August the 13th is 30 days. COUNCILMAN REEVE: 13th. If can be on the 6th, I would appreciate that, if the Agenda allows. If not, the MAYOR OBERNDORF: Historically, we haven't done rezonings on the first Meeting of the month. COUNCILMAN REEVE: Okay. EDDIE BOURDON: We would be very happy with the 13th. COUNCII/~AN REEVE: Great. EDDIE BOURDON: Councilman Reeve, we're fine. MAYOR OBERNDOP~F: Thank you. COUNCILMAN REEVE: I also would like to talk about the Green Line Policy. There's been a lot of talk about moving the Green Line. We need to remember the Green Line was put in place as the urban services boundary. It fulfilled its intent. It was well-done. Line did. That was t~e intent. I applaud what the Green We have to move beyond that. Every new development that has come down in this area-has paid its own way. This development will pay its own way. We need to find new innovative ways to house our people 40 July 9, 2002 tough decisions in front of us. As I have spoken to many of you over the last week and as I have spoken to the paper and as reported today, I'm in no hurry to make decisions that we cannot in 20 years look back and be proud of. I want to make sure that everyone is on board and everyone is comfortable with where we're going, what we want to promote and what we want to discourage. As the Editorial Board of the Paper printed, "haste does make waste". I agree'with that, but this Council has to make decisions based on facts, not on rhetoric, not on hyperboles and definitely not on fearful speculation. We have a lot of work to do and for that reason I am announcing tonight that I will have my first Princess Anne Forum two weeks from now on July 23rd at 6:00 p.m. in these Chambers. This Forum is an Informal Session. It will be open to all Public, all Press, all current and past Council People to come and be part of the process. We want to hear from you. We want your ideas. The fact of the matter is since this Comp Plan was adopted seven years ago the City has changed. In the Comp Plan we asked for Amphitheaters. We asked for golf courses. We have that. We need to move beyond that. We need to find new ideas that promote where the City wants to go and what it wants to be. The question is not whether we grow or not. It's how we do we grow and what do we want to promote. For that reason, I would like to defer this for 30 days. I apologize to the Applicant. This is y no means a reflection of your Application. I think it's a very strong Application. I believe if it was pressed tonight it would pass, but that is not the point. The point is that we need some time to talk amongst ourselves, to talk with the residents as well as the landowners and potential developers. I also want to thank the Staff. They have been very courteous to me 39 July 9, 2002 lives, I can assure you as a lifelong resident who grew up and his ..~arents still live, in Great Neck, there are no developments in Great Neck that are comparable to this in terms of the open space amenity and the way it's been laid out. What's been put into it in terms of dollars and cents doesn't exist in Kempsville or in Great Neck. So, the only thing that's comparable is there are some houses in both communities that are of comparable value, but not the kind of open space in the development that we are talking about here. The City is the biggest developer in the Transition Area. I guess we're going to get $12-Million from Sentara for a nice sale of property for a heath care, health center, in the Transition Area. It's an area to live, work and play and I think that properties like this one and others where living is a part of the Application. I will certainly, as my client will, defer this as per the Body's wishes tonight. This is as good a plan as you're going to see. It has been borrowed from some of the best planners in the country, but that doesn't mean that it can't be made better. But, the problem is having all 11 of you become planners and figure out, you know, what plan works. That's going to be a difficult process. We will work with you, but we need to move quickly. With the contract that my clients have on the property, they have got to close by the end of September. So, we would certainly expect to be back before this Body in August, if this Body is going to defer, which is what I am kind of hearing from the tone of the discussion. MAYOR OBERNDORF: Thank you. Mr. Reeve. COUNCILMAN REEVE: Thank you, Madam Mayor. I would first like to thank the Applicant and Mr. Bourdon for providing, what I believe is a superb new community for our area. I think it would be one that will support this area in the high-end home. I believe we need to support new economic development, but the fact of the matter is we are a young Council and we have a lot of 38 July 9, 2002 EDDIE BOURDON: The first thing Mr. Byrne, who lives in Fox -~,, Fire, in his rhetorical ~statement about moving the Green Line, if we move the Green Line.to Indian River Road then we would be developing 3.5-units per acre above Indian River Road. No one is suggesting moving the Green Line, so that's way out in left field. The Planning Commission has a number of very, very experienced Members who have been there for a long time, who have been involved with the Comp Plan that is in place now and maybe even before that, in the case of Mr. Baum. I'm sure he was and others. There are people with a huge amount of experience with the Comp Plan, which has a Transition Area, this Transition Area. As I said before, I think it's well over 12, 15 years. They have recommended approval of this plan unanimously, as they have a couple of other plans that have been in the pipeline now for going on three years, that they meet the Comp Plan Guidelines. So, you know the idea that we're changing something that just doesn't ring true. In fact, this Council may need some time to put their arms around it, tweak it a little bit and appreciate that. Indian River Plantation was ignored by Mr. Barrow whose comments actually for the most part, you know, I found something that I would be more than willing to talk to him about and don't disagree with a lot of what he had to say. But, Indian River Plantation is an existing one-unit per acre development that you can't distinguish from this that was approved after the Green Line was put into place, and he already acknowledged the one on Seaboard Road, which is, you know, the same thing. It doesn't even compare to this in terms of its quality. approved in the old Transition Area Number III. That was So, yet Kempsville' has a lot of wonderful great neighborhoods, phenomenally nice neighborhoods, as does Great Neck where Mr. Barrow 37 July 9, 2002 Land owners who want to develop should be encouraged to hire land designers who are ~innovative and able to put together projects that really meet our goals. The proposal before you today is just a rezoning to one-unit per acre using fragmented open space. Mr. Bourdon will surely state that the open space is generous. Bear in mind that the stormwater management ponds, which the Staff refers to as water amenities or utilities exist to control water on the site and are presently counted towards open space. Please view this project as a portion of the remaining 3,685 acres to be developed in the Transition Area and be very careful about setting any future densities and style and keep the taxpayers in mind and keep our expectations -- our expectations are high for the Transition Area. I would like you to know. And I want to throw out one other idea that perhaps at this point you might consider hiring some outside consultants to help you achieve the original goal. I think that when you have worthy projects that they will receive the support of citizens. MAYOR OBERNDORF: Thank you, Ms. Constant. GEORGETTE CONSTANT: Thank you. MAYOR OBERNDORF: That's all the speakers? CITY CLERK: Yes, Your Honor. MAYOR OBERNDORF: Thank you. EDDIE BOURDON: Madam Mayor, I promise I will be brief, but there are a few things that were said that I do need to respond to. I'm not going to respond to all of them, because I think I know where we are headed tonight; but, I do want to clear up some misinformation. MAYOR OBERNDORF: Mr. Bourdon. I'm listening. 36 July 9, 2002 chuckle. Mrs. McClanan, you might appreciate this. On Page 4 of the . Staff Report it says this project is not impacted by any proposal found within the Master Transportation Plan. I think that's an absurd and backward way of looking at it. The development density-calculation Worksheet for the matrix devised by Mr. Scott to help you decide the opinion questions A and B on Page 74 of the Comprehensive Plan is scored too liberally. The only example I have time to cite tonight is on Page 2, under natural resources. It states that the only significant natural resource existing on the cite is a stand of trees located at the northeastern corner. You can see it it's at the end there. These trees are retained to the extent that the only clearing is the envelope for the houses and the area for the street. This is incorrect in that the large clearing necessary for one of the stormwater management ponds is not included and you can tell by looking at that and looking at the aerial view. If you look at the concept plan, you will see what I'm seeing. With the houses, roads and stormwater management pond, would not you agree that at least half the trees would be removed? Now, I understand that Proffer Number 1 states that this project, for planting of trees, to have double the total canopy required. So, this comment is not about trees. It's about how the matrix is scored. If you read the other items under that part, lA on Page 2, the score that's given for that is a .9 out of a possible 1. I mean I find that frustrating. What should be done? The Transition Area is big. The recreational mecca goals outlined in the Comprehensive Plan are lofty and as desirable as the Town Center, the Academic Village, Lake Gaston and Resort Beautification, the ARP and the other projects requiring patience. The Comp Plan is currently clear about what is and what is not acceptable by giving examples on Page 75. Projects that intergrade open space, not fragmented projects like the one before you today, have a better chance of achieving a recreational goal. Let's use imagination. 35 CHRIS CAROBINE: COUNCILMAN REEVE: July 9, 2002 Yes. Yes, I am. And are you aware that the traffic plan has been reviewed on North Landing and can support this development? CHRIS CAROBINE: Yes, I was. COUNCILMAN REEVE: As well as the schools can support the number of children? CHRIS CAROBINE: (Nods head in the affirmative.) COUNCILMAN REEVE: Thank you. CHRIS CA/~OBINE: There were two accidents at the Intersection of West Neck and Indian River Road in the last six weeks, very serious. Nightingale had to come in. The City does not believe there's a traffic problem there either. Thank you. COUNCILMAN REEVE: Thank you. CITY CLERK: Georgette Constant. MAYOR OBERNDORF: Good evening. GEORGETTE CONSTANT: Good evening. Thank you. I'm Georgette Constant. I'm a resident of the North Beach. This should be just at three minutes, but I think there are some things that haven't been covered. I would like to state, first of all, that Courthouse Estates was approved and built in 1982. This Harbour Development Corporation is not a good proposal. The flat density of one-unit per acre is too high. If you do the math, you will see that if only two additional developments like this one occurred on North Landing Road, you would be at the capacity of 9,.900 average daily trips. There are no plans to improve this road and no public funds planned for this improvement -- and I got a bit of a 34 July 9, 2002 arms around it and get some community participation in what it is we want to do with that area. Ail people should have a choice of where they live, what kind of neighborhood, how big the houses are and how small they are. That's why we have a suburban area, a Transition Area and we have the farm land. You can make a choice. You can go wherever you want, but we have to define what we want in those areas, so that people can be happy and live in the environments they want. That development is beautiful. It looks like Kempsville. By pushing it back away from the road and putting up a fountain and a lake, all you're doing is hiding 65 houses on 65 acres. All of which will dump onto the road that you-all come to work on everyday. We're not going to be able to jog through here or next door, because you are going to get hit by cars if you try to cross the street. The traffic is going to be huge, the schools are going to be over-powered, the infrastructure will not be able to support this many homes and this will set a precedence. This is the first, and there will be more and you're not going to be able to stop this once it starts. So, I ask you to stop, think, read the Comprehensive Plan and help guide your Planning people, give them good criteria, give them a good evaluation system so that you know what you want to pass, so that they know what you want to pass and so that the developers know what development to bring to you. Any questions? MAYOR OBERNDORF: Mr. Reeve. COUNCIIR4AN REEVE: Which part of Kempsville does this look like? CHRIS C~OBINE: Most of it. COUNCIL~ REEVE: Really. Okay. I need to go back to Kempsville. Are you aware that water and. sewer is available-to the site already? 33 July 9, 2002 of one-lot per acre and you would not be able to deny it from here on out. Mr. Block sent a memo to the Planning Department last February where he was concerned about the density and speed of development in the Transition Area that before the Southeastern Expressway was built that need to be built'into the plan. We have never done a scientific study on the aquifers. Many of these houses will have their own wells to irrigate with and we need to know the impact to the aquifers. This is the top end of the peninsula. It's surrounded by brackish water and everybody below has wells. Before you go forward we need to know about the aquifers and what they can do. And I will stay to that shortness because I feel the folks are here to do what I hope to accomplish this evening. Thanks for your consideration. MAYOR OBERNDORF: Thank you, Mr. Eliassen. CITY CLERK: Chris Carobine. CHRIS CAROBINE: Munden Point Road. I'm not here speaking for the civic league. know who I am. Madam Mayor and Members of the City Council, my name is Chris Carobine and I live on I am President of Back Bay/Pungo Civic League and I just wanted you to I am opposed to this development for a couple of reasons, most of what you have heard from the other people speaking before me. But, I wanted to hit a couple of things that we heard. There seems to be confusion in the community and amongst you members on what the Comprehensive Plan says we should do with that Transition Area. Is it public open space? Is it private open space? What does open space mean? What should we be able to do? What shouldn't we be able to do? And I commend Mr. Schmidt, Mr. Maddox and Mr. Mandigo for saying that maybe we need to stop, step back, read it, understand it, get our 32 July 9, 2002 pending developments coming out of the pipeline here in the next 90 . days. Some of them good developments and some of them not so good. I think that this is one of the good ones, but it just goes to show us that we have got to be consistent in our approach here to how we are going to deal with it. TIM BARROW: Thank you. MAYOR OBERNDORF: Thank you. CITY CLERK: Jan Eliassen. MAYOR OBERNDORF: Mr. Eliassen, in all due respect -- JAN ELIASSEN: I will be real short. MAYOR OBERNDORF: Okay. JAN ELIASSEN: be here this late. I'm Jan Eliassen. Madam Mayor and Members of City Council, I know you didn't expect to I agree with much of what you have said and I'm pleased to think that you're not going to make this decision hastily tonight. I look forward to all of us being part of the dialogue that shapes where you go in the future. I was on the Planning Commission five years ago~ when this Comprehensive Plan was drawn up. This is the first time I have ever came back because this is the most important thing since then that has borne real serious involvement to everybody in this community. It's not just because it's this Application. It's because of the serendipity of the timing of this Application and despite Mr. Bourdon's assertions to the contrary, all of those other developments were either grand-fathered and brought to us by Court· Order or have large, recreational situations that are in compliance. This is the first one that, if approved, would establish a precedent 31 July 9, 2002 street and maintenance of that and believe me it starts to add up. It doesn't cost a .whole lot for the first few years, but it cost a bundle later on and we can cut it off right now. MAYOR OBERNDORF: Mr. Maddox. COUNCILMAN MADDOX: I would just like to make a comment. First of all, I agree with a lot of what he said. In Virginia Beach sometimes it's hard to find two people that agree on anything. But after having just come through a campaign, I can tell you that the thing that they do agree on is a genuine concern for what we do south of the Green Line and in the Transition Area. I think as developments go, this is a pretty-darn good development. I think it has about 40% open space, over 25 acres, when only 15% is required and 50% brick or stone finishes on the buildings, a high-price point quality product. It has double the tree canopy required and the post develop ten-year grow-out, tree canopies equal to what it is now in the pre-development. It's got trails, park benches and picnic areas. Ail of those things that if you were to look at it as a normal development -- I think, you know, they have done a great job. I'm not prepared to vote for that today, because I don't have my arms around exactly what I want to see in the Transition Area and I think that once we build something it's there forever. I think we need to be very, very careful about what we do. It's a great development and we might bring it back here at some point and vote for it, but I think that I need to do a little bit more homework and your example is kind of enlightening that there is more than one way to look at things. TIM BARROW: And I'm sure there are a lot more ways to look at it and I think it is very important. There are 3,800 acres, I think, in the balance here and that's important. COUNCILMAN MADDOX: I think, as you said there is some 30 July 9, 2002 And real quick, on your plan what size are those lots? TIM BARROW: They range between 15 and 20,000 square feet. COUNCILMAN REEVE: And you mentioned Randal Arendt. In regard to his last Presentation, the interesting thing about his Presentation was he started at 20,000 square foot lots and then reduced in size down to a 1/6 or even an 1/8 of an acre lots in order to achieve the open space. TIM BARROW: He's an advocate of clustering to reduce the lot sizes individually and bring that into common open space. I think in general among the planning community you will find that that is very much supported almost across the board. COUNCILMAN REEVE: But you could also agree that different people have different likes. TIM BARROW: No question about it. COUNCILMAN REEVE: I think it would be wise to give people choices on where they could live, either be larger lots or smaller lots. TIM BARROW: That's absolutely correct. I think you even could look at this plan if you wanted to cluster even more closely. You could probably end up with 75% of the land in open space versus that, but I've tried to stay consistent with the single-family lot pattern that the Applicant requested. But I think the key thing here for Council to remember if you do this kind of plan right, you can reduce the cost to taxpayers of this City for years and years to come for each, you know, hundred feet of that street that's in there that you don't need to have. You're paying for the water. You're paying for the sewer. You're paying for the 29 July 9, 2002 Bourdon's client has to build and pay for, a 1,000 feet less that the City has to maintain and work with in the future. The amount of pavement area approximately would be four acres less area paved in this quick concept sketch than is in that plan and I think that -- and this is not to take.any pride in authorship of this because you can forget it. It is a very quick sketch. But, I think it shows that if we think about these things a little bit more we can get the development we are looking for, the tax base expansion we might look for and in a way that's consistent with the Comprehensive Plan that you set up. I would just urge you to defer the Application. I'm not suggesting that you deny it, but I'm suggesting a deferral to allow the Council at your Retreat or whenever you want to sit down and discuss more fully what the Transition Area direction might be and how it can be accomplished. Frankly a lot of the things that work against accomplishing your Comprehensive Plan proposals are the result of City requirements that, in fact, work against the very plan that you're trying to do. I think it's something that this Council has a chance to look at and see if you can get these things in sync, which will reduce cost to the development community, give us better communities as we develop and also end up with a lot better plan in the long term. I apologize for taking extra time. MAYOR OBERNDORF: Thank you. COUNCILMAN REEVE: Madam Mayor. MAYOR OBERNDORF: Yes, Mr. Reeve. COUNCILMAN REEVE: Quick question, sir. I'm sorry. Can you state your name again for the record. TIM BARROW: Tim Barrow. 28 July 9, 2002 us as taxpayers to support. That's one of the objectives in the Transition Zones. The amount of '.,, pavement that is included in this section, probably not at the Applicant's wish, but at the Staff's wish is actually greater than you would get with the traditional subdivision. The width of the streets, the paved area and the sidewalks are actually wider than you would get in an R-30 and more coverage involved, meaning more runoff to our streams and more damage potentially environmentally in the program. So, I think that there are very real concerns about the plan. Now, the question becomes are there other ways that we might look at that that could accomplish the development and still do it? I think that there are, without making a major plan. We have to look at some of the work that -- Randall Arendt had a Presentation for Council a short while ago that pointed out a number of ways that this might be accomplished. I will be try to be very brief, Madam Mayor, if I could. MAYOR OBERNDORF: I saw some of my Council Members looking at their watch. TIM BARROW: I'm finished, but you I think there are options that-are available. I did have a very quick sketch, and I will have to apologize. There was about an hour spent on this. It took the same area, same program, 65 lots. This plan has -- 50% of the area is devoted to open space, a 30-acre community common is provided in the center of the development that all of the lots in the development have access to, can see and relate to. That common area accounts for 50% of the space. It does become an open space community. That plan, this sketch, has 1,000 feet less street than is in that alternative plan, which means it's 1,000 feet less than Eddie 27 July 9, 2002 that you would possibly consider would be for open space and/or recreational use and that the residential component would be secondary to the intended open space focus of the Plan. Most of the other Applications which have been approved previously in the Transition Zone, with the exceptign of that one small one, which is a small acreage Application, have been centered on golf course developments where there were very large open space components and I think it could certainly be argued that they, in fact, did set up a precedent of being primarily recreational or open-space focused. This plan I think you simply have to look at it -- despite the fact that I'm complimentary of the planning and the effort that went into it. If you look at it, it is a residential subdivision. A good one? Yes. If it were up in Great Neck where I live, it would be a very positive subdivision; but, I don't think that is what the Transition Zone Policies call for. It calls for us to do something better and to do something that, in fact, provides that transition between suburb and rural. I don't think -- I'm already blinking. I don't think that this plan accomplishes that despite the best effort of the Council -- not of the Council, but of the City Staff and of the Applicant. I think there has been a lot of work on it. I just point out a couple of things that I think.make that problematic. One, the open space. That area that is in the plan is only about 1/3 of the area that's involved, 39% including the drainage lakes that are a part ot it. The open space that' is in it is fragmented by a number of roads that divide the open space into several components. The open space over almost half of the lots do not have any relationship to the open space that's provided. They don't adjoin the open space. They are across from it. They don't related to that space. Also, one of the goals it said is to minimize the pavement areas and the amount of streets so we have lower costs in the future for all of 26 JIM KINCAID: CITY CLERK: July 9, 2002 Thank you. Tim Barrow. TIM BARROW: Madam Mayor and Members of Council, I apologize in advance for the staggered and disjointed nature of these comments. But I speak tonight as a planning consultant and development consultant and a lifelong resident of the City of Virginia Beach. The comments I bring are that I am very concerned about a number of Applications, several Applications, that are pending before you in the Transition Zone, this being one of that that will in affect dramatically set the course for the development with the rest of the Transition Zone, because impact -- contrary to what Mr. Burden advanced, I think a precedent will be set in the course of this. I think, also, that it will put into question'depending on what decisions you make the viability of the Council's Green Line Policy, which is again critically important and part of what this Council and what previous Councils have stood behind. So, I think in that sense the decisions you will make here are dramatically important. I think probably one of the most important decisions that this Council makes setting the course for your entire tenure on this Council. So, I think you should take it under great advisement in terms of making this decision and making it right. I think it's important that the decisions that you make on these Applications -- in fact we enforce the policy directive that is said in the Comprehensive Plan, which I think has gotten very strong support overall in terms of what we are looking to do in accomplishing the Transition Zone. Now, in reference to this particular Application, one of the key criteria -- and this has been pointed out earlier -- is that Applications should be considered for residential development in the Transition one. That's allowed for and called for. However, it is stated in the Comp Plan that the primary purpose of any Application 25 July 9, 2002 ROBERT SCOTT: No, it's not necessarily specified that each piece of open space needs to be publicly owned and publicly accessible, but I think that by the time we are through with the development there ought to be a nice mixture of the two. I think different opportunities lend themselves to different solutions. What may be appropriate in one area may not be in another. COUNCII~ REEVE: Thank you, sir. CITY CLEP. K: Jim Kincaid. MAYOR OBERNDO~: Good evening. JIM KINCAID: Beach for 18 years. Good evening, Madam Mayor, Councilmen and Women. I've been a resident of Virginia Almost as long as you have been here. MAYOR OBEPu~DORF: You give me credit for more than I have served. JIM KINCAID: One of the most significant achievements of the Council since I have been here is the Green Line and, of course, the Transition Area. It's hasn't been too many weeks ago since almost half of the Council, current Council, was campaigning to get where you are. No one had any bad words about the Green Line at that time. For that reason, I, as well as quite a few other citizens in Virginia Beach, have voted for you. The Green Line is important. The Transition Area is important and every one of you supported it in your campaign. Ail I can say is that I certainly hope that you continue to support it, continue to support the concept and refuse to compromise any further. That's all I have. Do you have any questions? MAYOR OBEP~DORF: Thank you very much. 24 TOM SHEARER: COUNCILMAN REEVE: you say is recommended? July 9, 2002 Yes. Are you aware that this proposal has over 39% open space as opposed to the 30% that TOM SHEARER: I understood. Well, are we counting those drainage lakes as well? I mean, he said six acres is what COUNCILMAN REEVE: Six acres is the front, but the Staff's review gives him 39% open space. just wanted to make sure that you were aware of that. I TOM SHEARER: Okay. It may be. But are those people going to allow me to park in front of their house and walk through their yard to get to that trail? I don't think they do. It doesn't look like it's public recreation area to me. It looks like it's an open space somewhere in the middle that no one could get to. There is no parking allowed for it. I think the Plan is that it's made for public recreation. Transition Area is public recreation. How are we going to get to it? Any other questions? MAYOR OBERNDORF: Thank you. TOM SHF~kRER: Thank you. CITY CLERK: James Kincaid. COUNCILMAN REEVE: Madam Mayor MAYOR OBERNDORF: Mr. Reeve. COUNCILMAN REEVE: Let me ask a quick question of Mr. Scott. Is there an exact reference in the current Comprehensive Plan. of the requirement for public parking facilities for Open Space Promotion in individual developments? 23 BERNARD BYRNE: COUNCIL LADY McCLANAN: July 9, 2002 I live in Fox Fire. I thought -- yeah, I recognize the address. Thank you. CITY CLERK: Tom Shearer. TOM SHEARER: Good evening, Madam Mayor -- MAYOR OBERNDORF: Good evening. TOM SHEARER: -- Members of Council. I'm here in opposition because when I see the Comprehensive Plan that has been approved and the public has agreed with, we are looking for the open space in this Transition Area and I think if people who were aware that they are going to be shortchanged of all this open space for this one development, we probably would have a full Chamber here and a lot more speakers. My understanding is that Transition Area should have close to 30% of recreational area, something that Mr. Mandigo is alluding to. I live well below the Green Line and I teach -- I've been teaching at a middle school in the Transition Area for 23 years and I see every development that happens around here impacts the quality of education that we have and the traffic that we have to drive through everyday, and I think that -- you know like you're saying, you have said our arguments already. You're setting a precedent if this is approved and I think you really need to look at this closely and make sure that, you know, everything is done from now on. Let's follow the Plan. Okay. It's a good Plan. It's one we have all agreed on and, you know, making allowances or provisions for the builder is not enhancing the development. People like a bigger lot. It's not enhancing the development. It's enhancing what people are putting into their pocket. Ail right. Thank you. VICE MAYOR MANDIGO: Excuse me, sir. 22 BEI~ARD By~E: July 9, 2002 Madam Mayor, I'm in opposition to this. Is there a time jeopardY? MAYOR OBERNDORF: Certainly. You can be heard. CITY CLERK: Ail the rest.of you are opposed according to what you (Inaudible). MAYOR OBERNDORF: Good evening. BERNARD BYRNE: Good evening. Madam Mayor and Members of the City Council, my name is Bernard Byrne. I am opposed to this rezoning proposal, because it is inconsistent with the Comprehensive Use Plan that this City has adopted and consistently supported since the last Plan was enacted in 1997. As has been pointed out by certain Councilmen, the primary use in this project is housing, not public recreation, which is an essential feature that's desirable in the Transition Area. In affect, these developers want to abandon the Comprehensive Use Plan in the Transition Area. If you accept this rezoning, you are essentially changing the Plan and you will have to accept all similar proposals that are coming before you for rezoning in the Transition Area. Let's be honest about it. A new Comp Plan is in the works. If you want to move the Green Line to Indian River Road, put that in the plan and live with all the consequences, but don't adopt a back-door approach by incrementally step by step rezoning properties in the Transition Area. Any questions? MAYOR OBERNDORF: Thank you, Mr. Byrne. COUNCIL LADY McCLANAN: BERNARD BYRNE: I'm sorry, Madam Mayor. Yes. Mr. Byrne, COUNCIL LADY McCLANAN: Which subdivision do you live in? 21 July 9, 2002 COUNCIL LADY WILSON: COUNCILMAN REEVE: Sure. If you look at the scale, they are very large. They dwarf the Bay Colony fields. So, there's plenty of room for activities of all sorts. COUNCIL LADY WILSON: That would be nice for the children in the area. MAYOR OBERNDORF: As soon as you-all finish, I would like to recognize Mr. Schmidt. COUNCILMAN SC~MIDT: Are you-all finished? I don't have a question, Eddie. Thank you. I'm not a stranger to nor do I object to development in any fashion whatsoever. I believe that the developer has worked hard to fashion a thoughtful and comprehensive plan here. But I, like Mr. Mandigo, am very concerned. You know we are going to have one bite at this apple to do this right and as a Council we have never had an opportunity to really get a sense of where we are in this critically important issue. I think we have got a lot of work to do. I think everyone is acting in good faith, but I sure would hate to do it wrong coming out of the box. I believe that I would certainly support backing off for just a little while to get a sense of where we are on this issue before we revisit. Thank you. MAYOR OBERNDORF: heard. With your permission, Council, I would like to call the people who have not been MAYOR OBERNDORF: CITY CLERK: Mrs. Smith, do you have the same list I do? I hope so. Bernard Byrne. MAYOR OBERNDORF: Okay. 20 July 9, 2002 that. I'm sorry. COUNCIL LADY WILSON: I'm sort of intrigued by Mr. Mandigo's suggestion about the ballfield. There's a lot of children living in that area and there may be a lot of children that will live in this neighborhood. I know Bay Colony has a multipurpose field and a lot of times the kids go and they knock the ball around and all that and that might be, you know, something interesting. Maybe not to rent out to a league but -- EDDIE BOURDON: Mrs. Wilson, clearly what -- COUNCIL LADY WILSON: If there's any way -- I don't think we are going to approve this tonight. EDDIE BOURDON: Let me suggest to you that what you're speaking about that's what this does. It does it and it does it in quadruplicate from that small, little field that Bay Colony has. That is what this is times about ten. You can do ballfields and you can do soccer, you know, impromptu; but, we're putting the Plaza Little League there. COUNCIL LADY WILSON: Yeah. EDDIE BOURDON: But the opportunity to have, you know, ballfields for the people in the neighborhood and the adjoining neighborhoods that's what that open space absolutely does. COUNCIL LADY WILSON: I don't think we are going to approve this tonight. When you come back, maybe you could sort of sketch out where we could have a field or something like that that could be utilized in that way. COUNCILMAN REEVE: You might still have your map, but if you look in the middle there's a large -- he's labeled them as community activity area. 19 July 9, 2002 MAYOR OBERNDORF: Mr. Mandigo then Mrs. Wilson. VICE MAYOR MANDIGO: I don't know if that's the right answer either, Eddie. The whole issue that I have is this Council hasn't had a chance to discuss that. We have a scoring system that's in here. We've .got a lot of things that we haven't been over and my fear is that once we approve the first one, you' re going to expect us to do that for the next and that's a reasonable expectation. My only concern is that we haven't had a chance to sit down with this guy. EDDIE BOURDON: And I'm not going to try to deprive you of the chance of having to discuss that. I do point out that the plan on Seaboard Road that they talked about earlier was approved on the Consent Agenda by the previous Council with open space that had none of the amenities that this has. VICE MAYOR MANDIGO: It wasn't this Council. weren't on then. Rosemary and I EDDIE BOURDON: That's true. on. It was right before you came COUNCILMAN Fa%NDIGO: You are absolutely correct. MAYOR OBERNDORF: Mrs. Wilson. COUNCIL LADY WILSON: Mr. Bourdon, please don't go away yet. EDDIE BOURDON: signed up to speak. MAYOR OBERNDORF: ACtually, I don't want to be rude. I do believe that there are other people that are There are. EDDIE BOURDON: I'd didn't want that Council to neglect 18 July 9, 2002 open areas. Well, that's kind of what we're doing here and we are kind of not doing it here, but if we take Applications like this in the Transition Area, then we have lost the opportunity to do any of that in the future because this Council will have said this is what we want to do and we really haven't had a chance to sit down and discuss this as a Council. MAYOR OBERNDORF: Mr. Reeve. COUNCILMAN REEVE: Thank you, Madam Mayor. Mr. Mandigo makes some goods points, but also I would like to ask a question. If we did this by right, sir, on one-per 15, could that support the construction of athletic fields for outside purposes, economically? EDDIE BOURDON: guess correct something. No, Councilman Reeve. You know I think I know where this is heading, but I want to I The entrance feature here is 18 inches tall. You know we have got -- part of your Comprehensive Plan talks about vistas from the street and having all this open area and that's what we've done consistent with the Comp Plan. Now, there is a part of it that's more than that, but the wall is only 18 inches. It's a brick wall across. So, this isn't being, you know, blocked off. It's totally -- it's going to have a beautiful vista from North Landing Road as you enter. So, that part is false. I think you would have to look at every piece of property and how it fits in. Some pieces of property -- clearly providing ballfields can be done. Others -= it doesn't fit. That's a discussion that I guess you-all need to have and Staff needs to have. You know the idea of having ballfields there where it's located I don't know you know that that's the best use of that piece of property, but we can discuss that further. VICE MAYOR MANDIGO: Can I make a clarification? 17 July 9, 2002 the pond is looking at the size -- it's probably an acre and-a-half. .I think you could basically put three lots in it' It's over and acre in size. COUNCIL LADY EURE: Thank you. MAYOR OBERNDORF: Mr. Mandigo. Thank you, Mrs. Eure. VICE MAYOR MANDIGO: Well, I just want to respond that I know we raised taxes last year to finance $50-Million worth of open space. Here we have an Applicant whose agricultural. We have an opportunity to have just exactly what the plan calls for in the Comp Plan on Page 73. 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. Well, we're taxing in buying land both south of the Green Line for open space. You know we clearly have a need for fields. We have groups that -- if we think innovatively, there are ways to accomplish all of this and still have a development. But, I guess what I was thinking is that if we're promoting open space and recreational use, I don't see where that is going to add to the City. You can't even see their open space because of the entrance monument that they have. That's where I was going. We' have an opportunity, when someone wants to do a rezoning, an Application like this, to figure out how to make that work together in some of the other programs that we are trying to implement in the City. Now, I'm not going to tell you who I think hasn't done this, but this is 65 acres. It's too small for a golf course. But, is there a way to squeeze a field hockey field or a soccer field out of this that could be subleased? I know in Kempsville 30 years ago when developers came in and rezoned a hundred acres, two hundred acres or 300 acres, they had to dedicate land for schools and parks and other 16 July 9, 2002 around lake. -,~ark. There is a path all the way around the lake with a The public at-large is prohibited from swimming in the lake if you are not a resident of the conununity, but they can use the public streets and run around the park and use it like that. But in this instance, you're really providing open space and recreation more for the community of 65 lots and once it's adjoining to another community, then, if you're a jogger or a biker they are public streets you can use it. I don't think the term open space -- there's a difference in the last Application we heard. Open space can be owned by a Homeowners, Association and restricted, but yet it's still open space. It's passive open space. It's not buildable. So, I think the term, "open space" doesn't necessarily mean it's public open space. There is public open space and there is private open space. And I think, Bob, you were trying to get at that. That this is not generally considered public open space, but they can access it and they are public streets. Are they not? So, t don't know what you could do with a piece of property that would make it an entertainment center for the public like Mount Trashmore or something. They have dedicated a lot of land, you know, for that use and I'm real impressed with -- how large is that first pond? Eddie, do you know? The oval pond? EDDIE BOURDON: I'm sorry, Mrs. Eure. COUNCIL LADY EURE: Out of the six acres -- EDDIE BOURDON: Well, actu%lly the six acres -- COUNCIL LADY ELrRE: It's pretty sizable? EDDIE BOURDON: -- doesn't even include that. I would say 15 July 9, 2002 you don't have this traffic backed up and you sit and wait to get out -to go to school or work. ROBERT SCOTT: I'm trying to convey that there isn't just one thing that needs to be done to address your concern. There are a whole lot Qf things that need to be done. Yes, we are looking at connecting them, one to the other. You know we have done that in other cases too. We think it's the way to go. Future residents tend to object to that more than -- you know we at the Staff level really think that's a good idea and we tried very hard and have gotten, for instance, this particular street lighting put in there. We hope when the adjoining property comes into develop, there will be a willingness to make that street connection; but, we have seen some reluctance by residents to have that happen in the past. When that happens, I think you have problems of the type you're talking about. I think you have more streets coming out to the main road than you really need and a lack of coordination as to how access is handled. So, we do need to rely on these neighborhoods connecting with one another, as has been provided for here. We need to remember that, when we adjoin the properties who come in for development. COUNCIL LADY E URE: Madam Mayor. MAYOR OBERNDORF: Mrs. Eure. COUNCIL LADY EURE: I like the plan. I think it's a nice-looking plan, but I wanted to make a further comment about the open space. I happen to serve on that Committee that is helping you decide, with your taxpayers' dollars, what to do with $50-Million; which, we have already bought Stumpy Lake and quite a few other properties. But it was clearly in the plan that some of it would be passive. happen to live in a development that has ll0-acre lake and it's amazing to me that more people don't access our community to run .I 14 response from me. VICE MAYOR MANDIGO: No. July 9, 2002 Thank you, Madam Mayor. MAYOR OBERNDORF: You're welcome. COUNCIL LADY McCLANAN: Madam Mayor, may I ask Mr. Scott a question? MAYOR OBERNDORF: Please, Mrs. McClanan. Mr. Scott. COUNCIL LADY McCLANAN: My concern about -- and I noticed there's a street connection here for adjacent future development. My concern in this area has more to do with the traffic on North Landing Road. I think this is a very nice plan and I think the way the entrance is done and, you know, the trails and all the other stuff. But at some point -- and even going back to a few years ago when I represented this District, the people on that road have a terrible road time getting out in the morning and the evening, you know, that live in those developments. Are you-all planning as these different communities come in so that they do interconnect and at some point there can be lights along there so the traffic can -- I know right now you can't get down that road. ROBERT SCOTT: Yeah, actually that particular road there that is a legitimate concern and a concern as to whether a development like this goes in or not. It's already problematic. Unlike most of the other roads in that area, there is a long-term solution to this that you have on your Master Transportation Plan, which is Nimmo Parkway that runs parallel to North Landing Road. COUNCIL LADY McCLANAN: But that reduces and gives an alternative. I'm talking about in terms of looking ahead and coordinating these so that where the lights will be -- so that 13 July 9, 2002 the public, in other words, the communities that are around here. .Now, is there a pa'rking lot where somebody is going to come and park here and walk these trails? No, there is not. But will there eventually be the opportunity to do that when all these different developments connect and somebody says, you know, the villages at West Neck and they go through here? Sure. the Municipal Center, you know rides their bike down. problem. That's what very much I'm sure will happen. Somebody at Sure, no The intention is that all of the open spaces be connected and trails be connected from one area to the next area over. That's why they all go to the property lines. VICE MAYOR MANDIGO: Ail right. I can't speak for the other Members of Council, but one of the concerns I have had with this is when you get into the Comprehensive Plan we talked about this area in Transition being a recreational mecca. Public space that's accessible and used by the public and with residential housing only as kind of an add-on. It's not the primary use and this is the first Application that this Council has seen. The last Council, we had great debates, one at the Workshop and with Planning. The concern that I have -- and, again, I'm just speaking for me. Is that this doesn't seem to be what we talked about in the Transition Area. It's not useful, except to the residents; but, I mean others may disagree. But, that's the issue that I have. The concern I have is to make a decision on this really puts this Council in a position where if we approve this then what we have said is, this is what we want and we really hayen't had an opportunity as a Body to talk about this. I know you have been through this, because we have done this on another one of your Applications, Eddie, and that's Bob Mandigo's concern. So, I just wanted to bring that to the attention of Council. EDDIE BOURDON: I don't think you are looking for a 12 July 9, 2002 multipurpose field, then that would actually open up some public · space under that 1.ease to another group and take away 'the Homeowners ~j ~ Association's expense of maintaining it and it would also add to the recreational value for the public. EDDIE BOURDON: I'm sure we wouldn't be opposed to looking at that, if that's an option that is -- VICE MAYOR~%NDIGO: That's hypothetical. EDDIE BOURDON: -- desirable. VICE MAYOR ~%NDIGO: I'm just talking about what could be versus what is. What that actually is is not something the public would likely access, is it? EDDIE BOURDON: I fully expect that members of the public especially, you know. Folks who work in this area, when this whole area is developed with the plans that are in place, what we're going to see because we are going to have interconnectivity of these park areas and these trails running throughout as Mr. Foster has started with Indian River Plantation. Villages of West Neck and Courthouse Estates and with what Staff and what the people at LDR out of Columbia Maryland who have been -- you know their ideas have been utilized. We have Steven Fuller from Atlanta whose ideas are being utilized. I think that we can -- I think clearly our vision is and has been that we are going to do something totally different here and we are going to have all these open space areas connected in these different developments so that ~you will have the opportunity to ride a bike, jog or whatever from the Municipal Center and from these other developments. These trails will connect because if you make them that way to begin with people buy k~owing that they are there versus trying to put them in later when it doesn't -- then, people object to them. So, the intent is that these trails will be used by the members of 1! EDDIE BOURDON: VICE MAYOR b~%/~DIGO: July 9, 2002 No. Who owns the common area? EDDIE BOURDON: The Homeowners' Association owns the common area and maintains the common area. VICE MAYOR MANDIGO: So, is this open for public recreation? EDDIE BOURDON: It would be open for public recreation in all likelihood. I mean, if there were to be a problem you get into some issues of, you know, of liability. If there were a series of problems, you could have some issues arise there, but that's certainly not been the history in Virginia Beach that that's been necessary. VICE MAYORMANDIGO: control the land. It really isn't public area. the Homeowners' Association. It belongs to They actually EDDIE BOURDON: They control the land, correct. VICE MAYOR MANDIGO: And it's available to public use unless they decide it's not, which would be the case with any use unless they decide it's not. EDDIE BOURDON: Which would be the case with any open space controlled by a Homeowners' Association, unless there was some condition put on it to the contract. VICE MAYORMA/qDIGO: Or if there was a lease or some other use that somebody was using it for. EDDIE BOURDON: You couldn't use it for any other purpose. VICE MAYOR 5~NDIGO: Well, in this case if I had a field say in the back and the Homeowners' Association and wanted to sublease that to a recreational association to use it for a 10 July 9, 2002 depth, but the value of that bench there is that it allows wetland -vegetation to grow in there more aggressively and beneficial. That's a technique that is used in many places. We call it the "benching technique". It's a way of actually constructing your wetlands area. COUNCIL LADY EURE: I thought maybe it was some kind of bench you sit on that was environmentally good for you. Thank you, Mr. Scott. I have never heard that term. EDDIE BOURDON: I understood wetland benches. That's why when you used bio, I said, well, maybe that's something I am not versed in. COUNCIL LADY EURE: Thank you. EDDIE BOURDON: I knew what this was. VICE MAYOR MANDIGO: Can I ask a question, Mayor? MAYOR OBERNDORF: Mr. Mandigo, please. VICE MAYOR MANDIGO: The open space that you have on this particular part or this land is at the center part and at least two of those are the stormwater management retention ponds, aren't they? EDDIE BOURDON: They double as that. VI CE MAYOR MAND I G°: But you have to have them. EDDIE BOURDON: Yeah, I don't know that we would actually -- I actually don't think that we would need that many, but that's correct. VICE MAYOR MANDIGO: And they don't usually get counted as open space? July 9, 2002 there are features in the park area at the opening and there are .trails going from .that. They cross the streets On both sides where there will be stamped concrete -- you know the paver affect. Then, the trails are elliptical in the front and then go around the initial lake there at the beginning, tie into the sidewalk and then they come back together in a triangular shaped area. Then, they go back through the park. If you follow, it's the gray or brownish color that goes all the way through the park and ties back in at four different areas, both to the east and west with the sidewalk -- I hope you-all can follow -- then, it goes to the west. As you go down, there are stars there where benches will be, where tables will be and there are also picnic shelters that are shown on the plan. It goes all the way around the lake in the back and eventually goes through the woods back to the very lake in the far south end of the property. The trails are extensive. They will be improved trails, again as I said, with benches and picnic shelters, picnic tables and eventually there will be, you know, equipment that will go through Parks and Rec review and subject to your review also will be included. But, where that will be -- we didn't get into that much detail. This is more detail than has previously been, that I'm aware of, submitted with an Open Space Plan for the park areas beforehand. MAYOR OBERNDORF: Mrs. Eure. COUNCIL LADY EURE: What is a bio-retention ditch? I have never heard of that. EDDIE BOURDON: take a shot at that. That's probably a request that Staff could better answer than me. I will let Stephen ROBERT SCOTT: A bench in wetlands is where the immediate area from the shore going out is extremely shallow like just a few inches deep and then it drops off to a deeper 8 COUNCIL LADY WILSON: duly 9, 2002 So, it's more of West Neck? ',,EDDIE BOURDON: Yes, ma'am. MAYOR OBERNDORF: and little club? It's the townhouses? Are we talking about those that you go in and go to a golf course EDDIE BOURDON: It's one of the residential villages at the villages at West Neck for active adults over 55. I do not know which -- there are a number of villages and different types of housing within that. I don't know which one that is. COUNCIL LADY WILSON: So, it's right here? EDDIE BOURDON: property on the -- Oh, no. I'm sorry. That property is not -- I thought you were talking about the COUNCIL LADY WILSON: No. It's been cleared. EDDIE BOURDON: timbered his land. No, that's an adjoining -- I apologize. That's an adjoining property owner who has That property is not under development. I apologize. I thought you meant the property that was denuded on one of the -- COUNCIL LADY WILSON: That property between this one and the Votech Center. EDDIE BOURDON: I apologize. I have got a number of maps. both sides of the roads have sidewalks. Ail right.. sidewalks on both sides of the road.., I misunderstood. First of all, There are The second page really doesn't provide much in the way of any type of illustration of the trails, but if we start at the beginning you see 7 are, Mr. Bourdon? July 9, 2002 '" EDDIE BOURDON: I will try. In your packages, you-all did not get the nice green -- I thought we had given -- if you give me just one second, I will go and grab some out of my file. I 'apologize. COUNCIL LADY McCLANAN: We only get the black ones. VICE MAYOR MANDIGO: very often. It would be a perk if there are electronic pictures available, but we don't get those MAYOR OBERNDORF: Would it make a difference? VICE MAYOR MANDIGO: Yes. COUNCIL LADY WILSON: May I ask a question of Mr. Scott while we are waiting? MAYOR OBERNDORF: Yes, please. Mrs. Wilson, Mr. Scott. COUNCIL LADY WILSON: Mr. Scott, the property that is between this piece of property and the VoTech Center looks like there is a lot of land that was cleared on these aerials that went a cross. What's going on there, do you know? ROBERT SCOTT: Yes. there. the adjoining property to that. That's part of the other development That's Indian River Plantation and COUNCIL LADY WILSON: Oh., that's part of the Indian River Plantation? EDDIE BOURDON: around the golf course. It's actuai~y the Villages of West Neck. I'm sorry. It's the residential development 6 July 9, 2002 open space. No proffer -- actually the monies were proffered here ,and there. We have proffered 48-thousand plus fOr acquisition of additional open space for maintenance and preservation of open space under our Outdoors Plan and we did the same thing with Seaboard Woods, but no improvements to the open space here. There are tens of thousands of dollars of improvements, .hundreds of thousands of dollars of improvements that are being made to the open space on this piece of property to make it totally usable, to interconnect with the adjacent properties when they develop. That Seaboard Woods Application was approved on the Consent Agenda by the City Council I think about three years ago. So, you know where this became potentially controversial. I don't know. But, I would simply say it is an excellent Transitional Area development. It is keeping within your Comprehensive Plan to a "T" With the precedents that already exist in the Transition Area, it's a great compliment to the development that's occurring in this particular section of the Transition Area. A section of the Transition Area, by the way, the Agricultural Reserve Program is not even available. This is not an area where the Ag Reserve Program is anticipated. It doesn't exist. You can't do it here and that's because it wasn't deemed to be agriculturally valuable and viable. I don't know what concerns would exist that would cause this to become controversial, but we hope it isn't in your mind. We don't think it is in ours. These developers have done what they have been asked to do and have created a wonderful, wonderful plan. The entrance feature, which I neglected to mention -- this is a rendering of it. 'This is, again, located in about six acres of land as you look at the plan along -- all of this area here from North Landing Road, you know back -- the first houses are way back in this area, this six acres of land, and then obviously goes all the way through. We have a central park all the way through with tie-ins to the east and to the west with trails throughout the open space. COUNCILMAN JONES: Can you kind of show us where the trails 5 July 9, 2002 situation that doesn't exist elsewhere in the City of Virginia Beach. We have a road section that is unique to the Transition Area that has been recommended by Staff, and that's the reason for the Subdivision Variance request. The notion has been Put forth -- and this comes to you with a unanimous recommendation from the Planning Commission and your Planning Staff. The community has met and they have no objection. That's the area here around the Courthouse. In fact, the lots all along North Landing Road are an acre and some of them are smaller than an acre. The density is no different than what you see right along North Landing Road. This project has not engendered any controversy whatsoever up until I guess maybe now. It doesn't set any precedent. It complies with the precedents that are already on the book. If we were suggesting to build something like this with water and sewer, which are already here, you are suggesting doing that below Indian River Road below the blue lane, than the area that is you know agricultural area, then, it would truly be a precedent. But when you compare this proposal to Indian River Plantation, for instance, you know we are talking the same density and we are talking actually more open space. We are further from the red line or the blue line. Down here we have Indian River Plantation at one-unit per acre. Villages of West Neck at two-units, age-restricted per acre, equivalent traffic of one. Courthouse Estates is over three. Up here we have Courthouse Woods on the north side of North Landing Road at ten-units per acre. Here we are with Victoria Park at one-unit per acre with an absolutely super plan. The notion that there is something new and different occurring here if that's -- if someone happens to believes that, it certainly isn't the case. Over here on Seaboard Road Seaboard Woods -- it's called Maple Ridge on here, but it's now called Seaboard Woods. That plan was approved at 20,000 square-foot lots with Open Space Promotion like we have here and really no improvements at all in the 4 July 9, 2002 Neighborhoods: Fox Fire, Highgate Greens, Three Oaks, Court House .Estates, neighborhoods that have been approved since there was a Green Line, i.e., in the Transition Area such as Indian River Plantation, Heron's Ridge, Seaboard Woods and the Villages of West Neck. This piece of property is located just to the East of VoTech and the North Landing Elementary School. The aerial photos that I passed around you will see that the property adjoins the Villages of West Neck Community that is under development today. That development has two-units per acre of age restricted, plus a small commercial component and obviously the Arnold Palmer Signature Golf Course. Just to the west of Votech is the Courthouse Estates Community, which is over three-units per acre and then below us and below West Neck is Indian River Plantation at one-unit per acre density. The property, as you can see, is in a part of the Transition Area where there is already significant residential development. The proposal is for a plan that is completely in keeping with the Comprehensive Plan recommendations to the Transition Area and is in keeping with the precedents that exist. Those four developments that I have already referenced: Indian River Plantation, Villages of West Neck, Seaboard Woods and Heron's Ridge. The property is not large enough to build a golf course on. We have a very beautiful community which features about six acres of parkland at the entrance -- far more park land in total. We have a development that includes putting in turn lanes on North Landing Road, houses that will be 350 to a half a million dollars in price. We have houses that do not back up to the other houses. We have a Central Park running .throughout the property along with many improved trails, picnic shelters and benches. There are miles of trails throughout the property. The open spaces adjoin all the other properties that adjoin us so that when those properties develop, those open spaces will be able to be connected, so the houses in those developments won't backup to the houses in ours. So, you have that sense of openness, that unique 3 July 9, 2002 going on 20 years. If it's not 20, it's well over a decade. The property is located -- I will give you a little bit of the background. What is shown on here in blue is the Green Line. that part of the City, we are talking about densities at three and-a-half units per acre. Above What we have here shown in red for stop is actually the blue line basically at Indian River Road. In between Indian River Road and the Green Line is the Transition Area. This map shows the existing developments both in place and that have been in the pipeline, some things in the pipeline for close to three years. The subject property right here, Victoria Park, the Applicants, Harbour Development Group, are here this evening, Mr. Kinser and Mr. Saddler. The Transition Area already has significant development located in it. As I said previously, there are 4,300 homes already in the Transition Area, five existing elementary schools, plus one in the CIP and Red Mill Elementary which is right on the line just North. There is Landstown High School in the Transition Area, the Catholic School, again right on the line North of the Transition Area right at the Green Line, two middle schools in the Transition Area, plus this entire Municipal Center Complex. Where we are this evening is in the Transition Area, one of the biggest employment centers, one of the largest employment centers in the City including the Fire Station Precincts and the Landscape Services Center under construction, our entire Judicial Complex is again in the Transition Area, Hope Haven, Food Lion Center down at Sandbridge Road and Princess Anne Road. We have got a lot of roads Coming through here, Princess Anne Road being widened to four-lanes coming all the way down to the Municipal Center, Nimmo Parkway coming through, West Neck Parkway, West Neck Road in the Master Transportation Plan and work being done on those projects as we speak, including the HRSD force main coming through there. July 9, 2002 CITY CLERK: The next Application is Harbour Development ~, Corporation at North Landing and West Neck Roads in the Princess Anne - District 7, Change of Zoning from AG-1 and AG-2 Agricultural to Conditional R-30, a Conditional Use Permit for open space and a Variance Appeal for lots meeting the requirements of the CZO and reducing %he required street width. VICE MAYORMANDIGO: Earlier on the Consent Agenda -- CITY CLERK: Mr. Bourdon is representing the Applicant. EDDIE BOURDON: Give me a minute to get set up. VICE MAYOR MANDIGO: Okay. EDDIE BOURDON: ascendancy -- Election. Mister Vice Mayor, I apologize. I have been remiss. I haven't congratulated you on your Congratulations. VICE MAYORMANDIGO: Thank you, Mr. Bourdon. I think you did mention something last week. EDDIE BOURDON: I'm getting senile in my old age. This is the Application of Harbour Development Corporation for three things: A Change of Zoning District Classification from AG-1 to'AG-2 to a Conditional R-30 Residential, a Conditional Use Permit for Open Space Promotion and a Subdivision Variance in and requirements of Section 4.1{m) of the Ordinance dealing with street widths. The proposal is an executive community of upper-end home sites, 65 of them located within just a few hundred yards of where we sit and stand tonight at the Municipal Center Complex. It's down North Landing Road. The subject property -- I've got a map of the Transition Area, because the property is located in the Transition Area, the Transition Area that we've had in our Comprehensive Plan now for Virginia Beach City Council July 9, 2002 7:50 p.m. CITY CO~CIL: Meyera E. Oberndorf, Mayor Robert C. Mandigo, Vice Mayor Margaret L. Eure Louis R. Jones Reba S. McClanan Richard A. Maddox Jim Reeve Peter Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood At-Large District 2 - Kempsville District 1 - Centerville District 4 - Bayside District 3 - Rose Hall District 6 - Beach District 7 - Princess Anne At-Large At-Large At-Large District 5 - Lynnhaven CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Planning Application of Harbour Development Corporation, L.L.C. 1 Item V-~.2. - 34- PLANNING ITEM # 49933 (Continued) Voting: 11-0 Council Members Voting Aye: Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Vice Mayor Robert C. Mandigo, Jr., Mayor Meyera E. Oberndo~ Jim Reeve, Peter ~ Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None .Councilman Reeve announced he would hold his First Princess Anne District Forum in the City Council Chamber, July 23, 2002, at 6:00 P.M. July 9, 2002 - 33 - Item V-J.2. PLANNING ITEM it 49933 The following spoke in SUPPORT: Attorney R.E. Bourdon, Phone: 499-8971, represented the applicant re development of a 65.1 acre site into 65 residential lots (Victoria Park). The following registered in OPPOSITION: Bernard Byrne, 2728 Esplanade Court, Phone: 430-0571, not consistent with the Comprehensive Plan. Tom Shearer, 1913 Claudia May Road, Phone: 426-7831 James A. Kincaid, 1545 Birchwood Court, Phone: 467-6782 Tim Barrow, 1928 Thunderbird Drive, Phone: 427-2900 Jan Eliassen, 14 72.Mill Landing Road, Phone: 426- 7201 Chris Carobine, 1956 Munden Point Road, Phone: 426-2462 George Constant, 110 82nd Street, Phone: 422-2948 Upon motion by Councilman Reeve, seconded by Council Maddox, City Council DEFERRED to AUGUST 13, 2002, Ordinances upon applications of HARBOUR DEVELOPMENT CORPORATION for a Conditional Change of Zoning, Conditional Use Permit and Variance Appeal to decision of Ad~ninistrative Officers re certain elements of the Subdivision Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) : ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-30 Ordinance upon Application of Harbour Development Corporation, L.L. C., a Virginia limited liability company, for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-30 Residential District on certain property located on the south side of N. Landing Road, west of West Neck Road (GPIN #1493-58-7581). The proposed zoning to Conditional R-30 is for single family land use on lots no less than 30,000 square feet. The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach. Said property contains 65. ! acres. DISTRICT 7 - PRINCESS ANNE. AND, ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Ordinance Upon Application of Harbour Development Corporation, L.L.C., a Virginia limited liability company, for a Conditional Use Permit for an Open Space Promotion on certain property located on the south side of N. Landing Road, west of West Neck Road (GPIN #1493-58-7581). &,id property contains 65.1 acres. DISTRICT 7- PRINCESS ANNE. Appeal to Decisions of Administrative Officers in regard to certain element's of the Subdivision Ordinance, Subdivision for Harbour Development Corporation. Property is located on the south side of N. Landing Road, west of West Neck Road (GPIN it1493-58- 7581). Said property contains 65.1 acres. DISTRICT 7- PRINCESS ANNE. July 9, 2002 Map 1 13 Harbour Development Corp. i~G-2 AG-2 AG-2 AG-2 VOCATIONAL & TECHNIC; IC~,TION:,L CENTER AG-2 NORTH L~NOING SCHOOL AG'I Gpin 1493-58-7581 ZONING HISTORY Conditional Use Permit (preschool/daycare) - Granted 7-3-01 Conditional Use Permit (church/daycare) - Granted 9-9-97 Change of Zoning (AG-1 Agricultural District to PD-H1 District) - Granted 5-11-99 Change of Zoning (AG-2 Agricultural District to PD-H1 District) - Granted 5-11-99 Change of Zoning (AG-1 Agricultural District to P-1 Preservation District) - Granted 5-11-99 Change of Zoning (AG-2 Agricultural District to P-1 Preservation District) - Granted 5-11-99 Conditional Use Permit (communications tower) - Granted 10-13-98 Conditional Use Permit (communications tower) - Granted 7-3-89 Change of Zoning (AG-1 Agricultural District) - Denied 8-27-86 Amendment to the Land Use Plan - Granted 9-22-93 Change of Zoning (AG-I& AG-2 Agricultural District to PD-H1 District) - Granted 8-27-86 Change of Zoning (PDH - PDH-1 District) - Granted 1-11-82 Conditional Use Permit (home occupation) - Granted 5-14-91 CITY OF VIRGINIA BEACH AGENDA' ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Harbour Development Corporation, L.L.C., Change of Zoning District Classification Conditional Use Permit (Open Space Promotion) Subdivision Variance MEETING DATE: August 13, 2002 Background: (a) CHANGE OF ZONING: An Ordinance upon Application of Harbour Development Corporation, L.L.C., a Virginia limited liability company, for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-30 Residential District on certain property located on the south side of N. Landing Road, west of West Neck Road (GPIN #1493-58-7581). The proposed zoning to Conditional R-30 is for single family land use on lots no less than 30,000 square feet. The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach. Said property cor. ltains 65.1 acres. DISTRICT 7 - PRINCESS ANNE. (b) OPEN SPACE PROMOTION: An Ordinance upon Application of Harbour Development Corporation, L.L.C., a Virginia limited liability company, for a Conditional Use Permit for an Open Space Promotion on certain property located on the south side of N. Landing Road, west of West Neck Road (GPIN #1493-58-7581). Said property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE. (c) SUBDIVISION VARIANCE: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Harbour Development Corporation. Property is located on the south side of N. Landing Road, west of West Neck Road (GPIN #1493-58-7581). Said property contains 65.1 acres. DISTRICT 7 - PRINCESS ANNE. These requests were deferred by the City Council on July 9, 2002 to August 13, to provide the City Council with time to discuss the Comprehensive Plan's recommendations regarding the Transition Area. Considerations: Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting D~ ~1! Planning Department City Mana¢ Harbour Development Corp. Page 2 The applicant is requesting a Change of Zoning district classification from AG-1 and AG-2 to Conditional R-30, a Conditional Use Permit for an Open Space Promotion, and a Subdivision Variance to reduce the required street width. The applicant proposes to develop a 65.1 ac're site into 65 residential lots resulting in an overall density of 1 dwelling unit per acre. The request consists of a Conditional Use Permit for R-30 Open Space Promotion that allows the square footage of the home sites to be a minimum of 18,000 square feet, although the actual size of the proposed lots ranges between 20,000 and 25,000 square feet. This allows a greater percentage of the parcel to remain in "open space" for park space (passive recreation in this case) and scenic vistas with the goal of creating openness within the development as one travels through it. Approximately 25 acres of land (39 percent of the total area) will be dedicated to passive recreational open space. The minimum open space requirement of the R-30 open space promotion option is 15 percent. At the request of City Council, staff developed a set of criteria for assessing a development's consistency with the Comprehensive Plan's policies for the Transition Area. The result was the establishment of a "Transition Area Matrix" that is now used to calculate the potential density of a development proposal in the transition area. Application of the matrix to the submitted plan resulted in a final "rating" that would allow a maximum of 64 dwelling units on the property. The applicant is requesting 65 units. A factor that must be entered into the equation, however, is the fact that the matrix calls for variation in lot size for the purpose of clustering and gaining open space. This component of the plan scored relatively Iow. A significant issue to be considered in this Iow score, however, is the recent opinion several City Council members expressed to other rezoning applicants in the Transition Area that lots should have a minimum size of 20,000 square feet. This applicant, knowing that several Council members expressed that opinion, redesigned the proposed layout a number of times to increase the lot sizes to the desired 20,000 square feet while ' still trying to achieve the other objectives as expressed by the Transition Area Density Matrix. The result is a plan that scores high on almost all of the matrix items with the exception of the one calling for variation in lot sizes. Further details regarding the plan and its scoring are provided in the attached staff report. The Planning Commission placed this item on the consent agenda because the plan creates a high quality neighborhood that has been designed to preserve a large amount of open space, 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 10-0 to approve this request as proffered and with the following conditions: (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 than 65 building lots and shall be landscaped substantially in conformance with the Exhibit entitled "REZONING EXHIBIT OF VICTORIA PLACE, CITY OF VIRGINIA BEACH, VIRGINIA, SHEET 2 OF 2", dated May 7, 2002, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. This includes adherence to: the species of plants listed on the plan, the design of the bio-retention benches in the stormwater management ponds, and all other notes on the said plan. (2) The entry feature shall be constructed substantially in conformance with the Exhibit entitled "Entry Feature for Victoria Park", dated May 28, 2002, Which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Harbour Development Corp. Page 3 (3) The design and building materials for the proposed picnic shelters shall be of similar style and quality of the specifications of the shelter entitled "The Timberland" design, identified in the EnWood Structures catalog, a detail of which has been exhibited to the City Couoncil and is on file with the Planning Department. The final design shall be submitted to the Planning Director for review and approval prior to th~ issuance of a building permit. HARBOUR DEVELOPMENT CORPORATION, L.L.C./# 27, 28 & 29 June 12, 2002 General Information: REQUEST: ADDRESS: 27)Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-30 Residential District 28)Conditional Use Permit for an Open Space Promotion 29)Subdivision Variance to Section 4.1 (m) for street width Property is located on the south side of N. Landing Road, west of West Neck Road M.~ ~ 1~ Harbour Development Corp G~n 1493-58-7581 Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page I GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: #1493-58-7581 7 - PRINCESS ANNE 65.1 acres Carolyn A. K. Smith To subdivide and construct 65 single-family dwellings on the 65 acre parcel while providing approximately 25 acres of open space Major Issues: Degree to which the proposal is consistent with Comprehensive Plan's and City Council's plans and policies for the Transition Area. Compatibility with the surrounding, existing uses. Impact on City's infrastructure - roads, utilities, schools. Land Use, Zoning, and Site Characteristics: Existinc~ Land Use and Zoning The property is currently vacant, but has been under cultivation in the past. The 65 acre parcel is currently zoned both AG-1 and AG-2 Agricultural Districts. Surroundin,q Land Use and Zoning North: South: East: · Single family dwellings / AG-2 Agricultural Distdct · Wooded, proposed single family / PD-H1 Planned Unit Development District · Wooded / AG-1 Agricultural District Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 2 West: Single family, proposed single family / AG-1 & AG- 2 Agricultural Districts, PD-H1 Planned Unit Development District Zoning and Land Use Statistics With Existing Zoning: Under the existing agricultural zoning, the 65 acre parcel could potentially be developed into four (4) single family lots or could continue to support uses allowed by right under the agricultural district. With Proposed Zoning: The proposal allows up to 65 units on the 65 acre parcel. The R-30 Open Space Promotion option allows for a reduction in the minimum lot size from 30,000 square feet to 18,000 square feet. The lot sizes range from 20,000 square feet to 25,000 square feet. Zoning History On a large parcel to the south and southwest, City Council granted a Change of Zoning from AG-1 and AG-2 Agricultural Districts to PD-H2 Planned Unit Development District and P-1 Preservation District in 1999 for a small lot (5,000 square feet) age-restricted community. Further to the west, in 1982, City Council also approved a request to rezone agricultural property for single-family development. Modifications to this original request were later granted and the development is known today as "Courthouse Estates." Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana. The proposed use is compatible with this AICUZ district. Natural Resource and Physical Characteristics This property is within the Southern Watersheds Management Area. Soils consist of predominately Acredale with areas of Tomotley along the northern portion of the property. The southeast corner of the site, approximately 7.5 acres, exists as woods. There are several existing wooded hedgerows on the property as the site has been segmented into numerous farm fields. The majority of the site had been under cultivation in the past and, as such, this proposal will remove approximately 60 acres of farmland from the City's inventory of agricultural property. Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 3 Public Facilities and Services Water and Sewer Water: Sewer: There is a sixteen (16) inch water main in North Landing Road that · fronts the northern property line. This subdivision must connect to City water. Plans and bonds for construction of the water system will be required. There is a sixteen (16) inch sanitary sewer force main and a four (4) inch force main in North Landing Road that fronts the northern property line. This subdivision must connect to City sewer. Plans and bonds will be required for construction of the sewer system. _Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): This project is not impacted by any proposal found within the Master Transportation Plan. This development is included, however, in the CIP 6-039 service area and presently, construction of two (2) pump stations and associated sewer lines in the North Landing Road right-of-way are underway. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z_ 40 ADT North Landing Road 7,836 ADT ~ 9,900 ADT ~ ' Avera(3e Dailv Tri~.~ Proposed Land Use 3_ 650 ADT 2 as defined by the existing AG-1 & AG-2 zoning with 4 houses allowed by right 3 as defined by R-30 zoning with 65 dwelling units Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 4 Prc~ect ~ and Tiffs': ~-03g Eorth La~ding Roa~lWest tleck Road Sawer improvements iResponsil31e Dept.: Public Utllltlr~ I Business Area: Ouallt~ P137slcal Environment Tot al Total Budget Una ~r~orlated Subse~ uent Years Futura pregrarnmecJ Approl:rlatlons Year 1 Year 2 Year 3 Year 4 Year ~ Year 6 Punrqng Funds TO Date FY_~C~03 FY 2m3,-04 FY 3~4-05 FY 2005-06 FY ~nl36437 FY 200708 Requirement 3,~520.0Q0 3,330,D00 190.rn( I~~ ~ n O This project i:rovide~ sewer aar,~ice tothe residential properties along por~ore of North Landing Road and West Neck Road by construction cf gravity sewers a pumping_station, end .asaocialad fcn=e main I.~._ated in.the A includes t~e assign arcl construction d a~-c, ximamy 4,~00 feet of 12'' ann 1 b' gravm~ sawer an= a,t*uu mat ct from the pump staticn aita totha intersection of Was~ Neck Road end North Landing Read. (b) Contract B includes Ihs design and =cnstruclion of a new pump s*mtinn facility 0.n Walit Ne.ok Ra~d. (¢} Contrs.ct..C in,dudes ~he design and o3rstmc~on of epp-oximately 6,E;00 feet c~ g", 10' and 12' g'av~ aewer~, mom ma ernmnoe o~ L~Urmouse Eetabae to C~ecrge Mason A~anue. This project ia =cx3rdinated with the water utility project ~82 'Wast Neck Reed Wa:~er Iml3'ovarr~anls. This project area has bean idenfiliad bylha bcal Health Department aa a Categcxy E, hasllh problem. Construction project is needed to I=ovide scarers to replace failing se~caystems ~th pecr repair potenliai and p'event health hazards. ~Al=l:xo~imately SD Iota will be affected by mnstru~m of s?a, er[n ?is are~_. ,Witt-~u,. t lhj?,p, mjac~t,, p, oll~o,n .can b,e, ,e~. pect~.,,cl.to aa in the future due to an expected increase in septic aye-earn tin,urea, r..~raa'ucaon ma3a prq~ct ~ aaana po uaon area. Capacity in 1ha pump ~taficn and gravity sewer ay=tam will ba in=ludad to ma:dmize service area a nd rri rimize bhe nurri:,er ~ lumping fadlitiae in the ama. The force main along 'West Neck Rd ia needed to p'ovide an out flow for on-going and future development, This project first appeared in the FY lgg2-g3 C;IP at an aMimatad =oat of $1,901'1,O:30. Chat estimates I-~ve been re~iasd i n FY 2002-03 CIP to rMlact e-,panded arnpe cf ~ork and actual bid prices. gaslsl~r EsUmate I=Y 2002-D~ ~ 2003-~ FY 200,4-0S FY' 200S-C]6 r~ 2006-D7 0 0 0 13 0 a ! ~, ',,~ .-.~,~ .:~ ~:.. ~ ~...~ .~ Design 01~3-10/gl 200,000 i .~ ~L,, ~ ,~.,.:.,.'/ . '~ ~ Site &cquiai~m OI~X~D-IOa31 1313,0DD . j,~ ~ , .~ ~.~ Cc:nslnJ~CXl 03J31-O&~2 3,000,DOD Ccntingendss 01X:X3-O&~2 190TODD % MUlI/~p~ ~Pa~l~ Tctal Budgetary ~ Estimate 3,~20,000 T,7~-~;~:*':' ~ ! T~*.I Progrsmm.d C~sts 3.520.000 ~*:~' ;:; ' :.~/~% i Raverue Bonds 3,0ga,4Q2 F::~. ,.%r ~:' ! Future Funding Requiremanta D Fiscal Year 211132-03 4 - 182 OuaUty Physical ;Environment Planning' Commission Agenda ~'~.~ June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 5 Schools School Name Current Capacity Generation Enrollment North Landing Elementary School 590 651 20 Princess Anne Middle SChool 1,424 1,615 11 Kellam High School 2,200 1,995 13 I: ~=rence 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 - It is essential that the common area be visible by adjacent residences. A review of the covenants reveals that the height of any fencing adjacent to common areas will be limited in terms of height and building style (no stockade). This will help will visibility and safety. It is recommended that the street trees be spaced no closer than ten (10) feet from a light pole to help eliminate shadows and blockage of light. Shrubs should not be planted any closer than eight (8) feet to the proposed walking path. Adequate - no additional comments. Comprehensive Plan The Courthouse / Sandbridge Issues and Policies section of the Comprehensive Plan indicates that the land uses and densities must not be a continuation of either the northem urban or the southern rural areas but a transition. (A transition by definition is a change, evolution, shift, alteration or modification.) The Comprehensive Plan states "this area of the City serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south. Land uses and densities must not be a Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 6 continuation of either form, but a transition from one to the other" (page 72). The Plan recommends that residential development in this area adhere to the following guidelines: Create high quality neighborhoods through careful planning of land uses, transportation systems, landscape treatments and public improvements (page 72 Policy Document). Staff Comment: The goal is to create a sense of openness by maintaining a large, landscape entrance (approximately 6 acres) and a swath of open space through the interior of the site. The applicant has proposed a neighborhood that maintains scenic vistas as one travels through the development and incorporates an extensive pedestrian trail system throughout with thought to future connections as we//. Along with the well-planned pedestrian system, park benches and large picnic shelters are proposed within the open space area. Design with nature, making a special effort to preserve and showcase significant environmental resources. Carefully integrate such natural features and use them as a basis, where possible, to enhance and define neighborhoods, recreation areas, open spaces, and views of special natural areas (page 72). Staff Comment: The amount of significant environmental features on this site was limited. A stand of trees exists in the southeast corner of the site. It was essential that this single environmental feature be incorporated into the overall design of the subdivision in terms of the number of homes in the wooded area, minimizing the size of the lots, particularly in this area of the site, and forethought on the actual location of the proposed homes within the woods so as to minimize disturbance. The design establishes a means for an expectation that adjacent parcels, should they ever develop, respect the efforts to maintain a natural buffer of value. In addition to preserving the majority of the trees within this stand, open areas are proposed in strategic locations along the roadway to establish a sense of openness as one travels through the development. 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 of the number of street accesses to arterial roadways (page 73). Planning Commission Agenda ~°~ June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 7 Staff Comment: The proposed 50 foot right-of-way that serves as the single access to North Landing Road is a departure from the typical urban interior road design of 30 feet of pavement. The road width will be 24 feet with four (4) feet of paved shoulder on either side of the road. Beyond the pavement, adjacent to the street, streetlights and street trees are proposed. A five (5) foot wide concrete sidewalk is proposed beyond the trees and lights that serve as a buffer between the pedestrian and vehicular traffic. A swale is then proposed within a ten (10) foot utility and drainage easement. As discussed above, a network of trails and sidewalks is proposed within the development with future potential connections with adjacent properties. Growth in this area should be viewed as a special type of development with its own standards suitable to the character of the area. The development standards should be environmentally sensitive, including narrow streets .with less pavement, rural drainage techniques and appropriate aesthetic treatments. The transition area is to be seen as a recreational mecca with residential development only if it supports the primary purpose of advancing open space and recreational uses. Residential uses without an open space element are not encouraged (page 73). Staff Comment: This development proposal consists of 25.2 acres or 39 percent of the 65.1 acres as dedicated passive open space. In addition, the applicant has proffered $750. O0 per lot for a total of $48,750.00 to be used for the purchase of open space pursuant to the City's Outdoors Plan. The cash proffer, combined with the amount of open space and the "usability" of the proposed open areas, lends support to the conclusion that this project appears to qualify as one that will advance public accessibility to open space and recreational uses with the residential component as minor. Development that takes place in the transition area should be fiscally neutral. Fiscally neutral means that development must both a) generate more in tax revenue than the public services cost to support it, and b) be of such a density that, when coupled with existing and potential development in the area, it will not generate the need for substantial infrastructure improvements. As an alternative to fiscal neutrality, cash proffers to offset negative fiscal impacts can be considered. In the absence of a finding of fiscal neutral, there should be an extraordinary public benefit to be derived from the project (page 74). Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 8 Staff Comment: While the cash proffers could aid in balancing projects that do not appear to be fiscally neutral, the Proposed cash proffers in this instance are specifically designated for the purchase of open space. In light of this, upon examination of the quality of the building materials and the value and amenities within the open space and the character of the surrounding development, these houses will have a value of approximately $350,000 to $450,000 and up. In addition, access to water and sewer is available along North Landing Road; however, plans and bonds for construction of both' the water and sewer systems will be required. The development wi//not generate the need for the City to incur any substantial expense due to infrastructure improvements. The Department of Public Utilities is currently upgrading the existing system along this portion of North Landing Road. The entire project should be developed at a density that is the lowest of the following: 1. establishes the residential as secondary, 2. assures that the project is in keeping with the character of the transition area, and 3. generates no more traffic than the equivalent of one (1) dwelling unit per developable acre (page 74). Staff Comment: At the request of City Council, staff developed a 'set of criteria for assessing a development's consistency with the Comprehensive Plan's policies for the Transition Area. The result was the establishment of a "Transition Area Matrix" that is now used to calculate the potential density of a development proposal in the transition area. Application of the matrix to the submitted plan resulted in a final "rating" that would allow a maximum of 64 dwelling units on the property. The applicant is requesting 65 units. A factor that must be entered into the equation, however, is the fact that the matrix calls for variation in lot size for the purpose of clustering and gaining open space. This component of the p/an scored relatively/ow. A significant issue, however, is the recent opinion expressed by several City Council members to other rezoning applicants in the Transition Area to have a minimum lot size of 20,000 square feet. This applicant, knowing that several Council members expressed that opinion, redesigned the proposed layout a number of times to increase the lot sizes to the desired 20, O00 square feet while still trying to achieve the other objectives as expressed by the Transition Area Density Matrix. The result is a plan that scores high on a/most all of the matrix items except the one calling for variation in lot sizes. The scored matrix is included at the end of this report. Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 9 The need for widening roads should not be necessary to accommodate the proposed development. Projects of high merit and Iow density should be favored. Staff Comment: The construction of 65 homes on this property will not necessitate modification to the existing roadway. Traffic Engineering staff from the Department of Public Works have reviewed the plan and have concluded that North Landing Road is under its capacity. Summary of Proposal ,proposal · The applicant is proposing to develop a 65.1 acre site into 65 residential lots resulting in an overall density of I dwelling unit per acre. The request consists of a Conditional Use Permit for R-30 Open Space Promotion that allows the square footage of the home sites to be a minimum of 18,000 square feet. However, the proposed lots range in size from 20,000 square feet to 25,000 square feet. The reduction from 30,000 square feet as required under straight R-30 zoning allows a greater percentage of the 65 acre parcel to remain in "open space" for park space (passive recreation in this case) and scenic vistas with the goal of creating openness within the development as one moves through it. · In addition to the use permit, a rezoning application is required to change the underlying zoning from AG-1 & AG-2 Agricultural District to R-30 Residential District. · A subdivision variance is also sought as the proposed and preferred road design is atypical of City standards for a residential street. The proposed road section depicts the use of swales for drainage and a smaller width of asphalt (24 feet rather than the required 30 feet). In addition, the sidewalk is not directly adjacent to the roadway but rather buffered from vehicular traffic with street trees and street lighting. Site Design · The concept plan depicts a single entrance into the proposed development off of North Landing Road. Masonry walls parallel to North Landing Road on each side of the entrance road are proposed. There are approximately six (6) acres of passive open space, free from development, as one enters the site. A large entry feature is proposed within this open space area. The rendering of the entry feature depicts a predominately reddish brick outdoor pavilion with a cupola on the dark color roof and dentil molding surrounding the top. The design of the pavilion is consistent with the Planning Commission Agenda jUne 12,2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C./# 27,28 & 29 Page10 Princess Anne Commons Guidelines and complementary to the municipal center and the historic, rural character of the area. The central feature of this subdivision plan is a swath of open green space within the interior of the development. A majority of all of the dwelling units will face or directly back up to some form of open space - either passive recreational open space or a lake (stormwater management pond). The homeowners' association will maintain this open space. Twenty-five (25) acres of total open space is proposed with six (6) foot wide mulched pedestrian trails, park benches, and picnic shelters throughout. Included in the development is a well-planned pedestrian circulation system that internally connects the proposed neighborhood as well as future neighborhoods. Three (3) large stormwater management ponds are proposed and have been incorporated into the design of the subdivision as visual amenities. Two (2) future street connections are proposed to accommodate potential development of adjacent properties. Vehicular and Pedestrian Access · Vehicular circulation within the development is acceptable. Both the proffer agreement and the concept plan indicate that right and left turn lanes from North Landing Road will be constructed. The proposed streets within the development reflect the rural character of the transition area as they propose less pavement width, wide shoulders and side swales. The two (2) travel lanes are twelve (12) feet in width with four (4) feet of paved shoulder on both sides of the street. Included in the development is a well-planned pedestrian circulation system that connects the dwelling units to the open space and provides future pedestrian connections to adjoining properties as well. Five (5) foot wide concrete sidewalks within the rights-of-way are depicted on both sides of the streets with the exception of two (2) cul-de-sacs. Architectural Desi.qn · The Conditional Zoning Agreement states that visible exterior surfaces of the homes, excluding roof, trim, windows, and doors, must be no less than fifty percent (50%) brick, stone, stucco or similar quality materials. Any one-story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,600 square feet of enclosed living Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 11 area excluding the garage area. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. The application states that the anticipated value of the homes should exceed $300,000 although the applicant has stated verbally that the finished homes will ultimately sell for $350,000 to $450,000. Deed Res{rictions, administered by a Property Owners' Association, will limit the height and material of fencing so that all 'open space areas are easily visible and safe. The Deed Restrictions also require that all outbuildings be constructed of the same material and color as the principle dwelling and shall not exceed 200 square feet in size. They also require that all front yards be sodded. Landscape and Open Space · The Conditional Zoning Agreement indicates that 25.2 acres of land (39 percent of the total area) will be dedicated to passive recreational open space. The minimum open space requirement of the typical R-30 open space promotion option is 15 percent. These landscaped parklands will feature walking trails, park benches, picnic areas, and lakes outside the residential lots and roadways. Two (2) covered picnic shelters (12 feet by 20 feet) with a concrete base are proposed. Each building lot will be developed with double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Requirement Table." For example, a 20,000 to 29,000 square foot lot requires at least 900 square feet of tree canopy. This can be accomplished by using all small, medium or large trees or a combination thereof. Small trees, such as a dogwood or crape myrtle, are given 100 square feet of canopy cover. Medium trees, such as river birch and American holly, are given 150 square feet of canopy cover. Large trees, such as bald cypress and Ioblolly pine, are given 200 square feet of canopy cover. Small trees must be at least five (5) feet in height at the time of planting and medium to large trees must be a minimum of 1 ~ inch caliper at the time of planting. The pre-development tree canopy is 18 percent. With the proposed proffered landscaping the estimated post-development tree canopy at 10-year grow out will also be 18 percent. Proffers Planning Commission Agenda ?~'~,~ June 12, 2002 ~ HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 12 PROFFER # 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 than 65 building lots substantially in conformance with the Exhibit entitled "REZONING EXHIBIT OF VICTORIA PLACE", dated May 7, 2002, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). Each building lot shall be developed with double (i.e. two times) the "Total Canopy Cover Required" as specified in the City of Virginia Beach's "Residential Tree Requirement Table" published by the Virginia Beach Department of Planning as of the date hereof. Staff Evaluation: This proffer is acceptable. This development proposes a centralized open space with additional pockets and ribbons of open space that serve buffers to adjacent uses and visual relief for both the pedestrian and motorist. The proposal is at a density of 1.0 unit per acre. Because the applicant is utilizing the R-30 open space promotion option, the lots are required to be a minimum of 18,000 square feet. The proposed lots range in size from 20, 000 to 25,000 square feet. The use of smaller lots than the typical R-30 30,000 square feet provide additional land available for open space. PROFFER # 2 When the property is developed, a central park containing approximately 25.2 acres of landscaped parklands and lakes featuring passive park areas, community activity areas featuring an extensive pedestrian pathway system, park benches, covered shelters and picnic areas lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners' Association. Staff Evaluation: This proffer is acceptable. The applicant has proposed a neighborhood that maintains scenic vistas as one travels through the development and incorporates an extensive pedestrian trail system throughout with thought to future connections as well. Along with the well planned pedestrian system, park benches .and large picnic shelters Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 13 PROFFER # 3 Staff Evaluation: are proposed within the open space area. When the property is developed, the pedestrian pathway system and open space improvements shall be constructed substantially as depicted on the Concept Plan. This proffer is acceptable. The plan incorporates an extensive pedestrian trail system including a six (6) foot wide mulched trail'within the open space areas and a five (5) foot wide sidewalk throughout the subdivision. Future connections to adjacent properties are also depicted on the submitted plan. PROFFER # 4 Staff Evaluation: PROFFER # 4 Staff Evaluation: At the entrance to the community, the Party of the First Part will construct both right and left turn lanes from North Landing Road and a brick wall, 18 inches in height parallel to. North Landing Road on each side of the entrance road as depicted on the Concept Plan. The proposed rezoning will generate sufficient turning volumes to warrant left and right turn lanes on North Landing Road. Department of Public Works standards specify the storage and bay taper must each be a minimum of 100 feet for the left and right turn lanes. The entrance location may need slight adjustment to provide for the turn lanes. This refinement will be determined during final site plan review should these requests be approved.. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association which shall be responsible for maintaining all COmmon areas, including the community owned open space with pedestrian pathway system, the entrance feature and community activity area. This proffer is acceptable. Beyond defining maintenance responsibilities, the Deed Restrictions will also limit the height and materials of fencing adjacent to open space areas, restrict the building materials of accessory Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page14 PROFFER # 5 Staff Evaluation: PROFFER # 6 structures, limit the placement of flags and other decorative items, etc. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than fifty percent (50%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage area and any two story dwelling shall contain no less than 2,600 square feet of enclosed living area excluding the garage area. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. This proffer is acceptable. The size of the proposed homes and the quality of the building materials will contribute to the high quality appearance of this subdivision. The required two (2) car garage for each dwelling will help alleviate the necessity for on-street parking on the proposed street. The Grantor recognizes 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 thirty-three percent (33%) of the property to open space preservation, via the dedication of the 20.6 acres to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty and 11 / 100 Dollars ($750.00) 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 Grantor 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. Grantor agrees to make payment for each residential lot as shown on any subdivision plat prior to recordation of that plat. Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page15 Staff Evaluation: PROFFER # 7 Staff Evaluation: This proffer is acceptable. The cash proffer of $750. O0 per lot equates to a total of $48,750.00 for al165 lots. 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 R-30 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 is acceptable as it reaffirms that all provisions of the City Code must be met and that the rezoning proposal does not eliminate the applicant's responsibility to adhere to adopted rules and regulations. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. Evaluation of Request These requests are recommended for approval. The applicant proposes to develop a 65.1 acre site into 65 residential lots resulting in an overall density of 1 dwelling unit per acre. The request consists of a conditional use permit for R-30 opens space promotion that allows the square footage of the home sites to be a minimum of 18,000 square feet, although the actual size of the proposed lots ranges between 20,000 and 25,000 square feet. This allows a greater percentage of the parcel to remain in "open space" for park space (passive recreation in this case) and scenic vistas with the goal of creating openness within the development as one travels through it. The Conditional Zoning Agreement indicates that 25.2 acres of land (39 percent of the total area.)will be Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page16 dedicated to passive recreational open space. The minimum open space requirement of the R-30 open space promotion option is 15 percent. During the design phase of this development during discussions with staff, the applicant recognized that it was essential that the important environmental feature (the large stand of trees) be incorporated into the overall design of the subdivision in terms of the number of homes in the wooded area, particularly in minimizing the size of the lots in this area of the site. As a result, the actual location of the proposed homes within the woods has been predetermined so as to minimize disturbance. The retention of a majority of the trees dictates an expectation that adjacent parcels, should they ever develop, respect the efforts to maintain a natural buffer of value. In addition to preserving the majority of the trees within this stand, open areas are proposed in strategic locations along the roadway to establish a sense of openness. This development attempts to create a high quality neighborhood that has been designed to preserve a large amount of open space and showcase the environmental resources on the site. Staff approached the review of this plan in the Transition Area differently than one for a subdivision typically found in the northern part of the City. This development is a special type of project with its own development standards suitable to the atmosphere and character desired for this area. Development in the Transition Area should be associated with significant open space and recreational amenities. This development builds off of a centralized open space as well as additional pockets and "ribbons" of open space at the property's perimeter. These ribbons of open space aid in preventing an undesirable scenario, atypical of the rural character of the area, of back-to-back rear yards. A substantial amount of the parcel (39 percent) will remain as undeveloped open areas, but perhaps equally important to the amount of land reserved for open space is the actual accessibility and usability of the proposed open areas. A vast majority of the homes will back up to or be adjacent to either open space or forested areas. This includes lots 56 through 65 that will back up to a platted ingress/egress easement to the property to the west that varies in width from approximately 35 feet to 140 feet wide. This easement will serve as a buffer to the existing uses to the west. Also included in the open space component is a well-planned pedestrian circulation system with extensive internal connections. Along with the pedestrian system, park benches and large picnic shelters are proposed within the open space area. Approximately six (6) acres will be heavily landscaped as the entrance into the community from North Landing Road as well that will also aid in maintaining the rural vistas from the road. At the request of City Council, staff developed a set of criteria for assessing a development's consistency with the Comprehensive Plan's policies for the Transition Area. The result was the establishment of a "Transition Area Matrix" that is now used to Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 17 calculate the potential density of a development proposal in the transition area. Application of the matrix to the submitted plan resulted in a final "rating" that would allow a maximum of 64 dwelling units on the property. The applicant is requesting 65 units. A factor that must be entered into the equation, however, is the fact that the matrix calls for variation in lot size for the purpose of clustering and gaining open space. This component of the plan scored relatively Iow. A significant issue, however, is the recent opinion several City Council members expressed to other rezoning applicants in the Transition Area to have a minimum lot size of 20,000 square feet. This applicant, knowing that several Council members expressed that opinion, redesigned the proposed layout a number of times to increase the lot sizes to the desired 20,000 square feet while still trying to achieve the other objectives as expressed by the Transition Area Density Matrix. The result is a plan that scores high on almost all of the matrix items with the exception of the one calling for variation in lot sizes. The design of the subdivision and the amount of cash proffers set aside for acquisition of open space demonstrate the promotion of open space within this proposal. Staff concludes that the applicant's proposal meets the applicable provisions of the Comprehensive Plan for the Transition Area and recommends approval of these requests subject to the conditions below as part of the Open Space Promotion. Conditions 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 65 building lots and shall be landscaped substantially in conformance with the Exhibit entitled "REZONING EXHIBIT OF VICTORIA PLACE, CITY OF VIRGINIA BEACH, VIRGINIA, SHEET 2 OF 2", dated May 7, 2002, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. This includes adherence to: the species of plants listed on the plan, the design of the bio-retention benches in the stormwater management ponds, and all other notes on the said plan. The entry feature shall be constructed substantially in conformance with the Exhibit entitled "Entry Feature for Victoria Park," dated May 28, 2002, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The design and building materials for the proposed picnic shelters shall be of similar style and quality of the specifications of the shelter entitled 'q'he Timberland" design, identified in the EnWood Structures catalog, a detail of which has been exhibited to the City Council and is on file with the Planning Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 18 Department. The final design shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. 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 Cit~/ Codes. Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. ! # 27= 28 & 29 Page 19 Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 20 r'"'..i t Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. ! # 27, 28 & 29 Page 21 Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 22 i1 Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, EEC. ! # 27, 28 & 29 Page 23 ALE (TYP) 4' PINE ~ARK MULCH--7 TYPICAL S£CTI[IN PEi]£STRIAN P_ATHWAY Proposed Shelter Planning Commission Agenda June 12,2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C./# 27,28 & 29 Page 24 Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 Page 25 TRANSITION AREA DEVELOPMENT DENSITY CALCULATION For Harbour Development, N. Landing Road, June, 2002 The purpose of the following is to provide a means for evaluating a development that has been proposed against criteria based on the stated policies of the Comprehensive Plan for the Transition Area. Criteria Total Comments Natural Resources Degrees to which the project preserves and integrates into the overall2.0 project the natural resource amenities on the site. Amenity Nature and degree of the 4.0 amenity Design Degree to which the 4.6 project incorporates good design into the project Line A -- Line B -- Line C -- Line D -- Line E -- (A) TOTAL: (B) (C) (D) TOTAL / 11 possible points TOTAL / 11 * 0.5 = Line (C) + 0.5 du/acre = (E) LineD* total 10.6 0.96 l,, 0.48 l ' .98du/acre developable acres (65.1 acres) = " 64 units total number of points from the worksheets on the following pages. total divided by the total number of possible points, which is 11 total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible 1 dwelling unit per acre (du/ac). total from Line C added to 0.5 du/ac (the baseline density) tc obtain the maximum density for the site. total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. Transition Area Development Density Calculation Page 1 of 7 The following worksheets judge the development proposal'according to the proposal's consistency with the policies of the Comprehensive Plan for the Transition Area, particularly in regard to natural resources, amenity, and design. As appropriate, sketches, pictures and narrative are provided to clarify the concepts as a means of helping to make the determination of consiency with the criteria. (1) Natural Resources: existing forests, wetlands, meadows, cultivated fields, and related features Total a) Are natural resources protected? Comments: · The site consists of abandoned farmfields, YES (0 to 1 broken up by wooded windbreaks. The 1.0 northeastern corner of the site possesses the point) only substantial stand of trees. · There are no other significant natural resources. · The stand of trees in the northeast corner is retained to the extent that the only clearing is the 'envelope' for the houses and the area for the street. ~ · The windbreak at the front of the site, which NO (0 points) provides a nice screen that helps in preserving the rural vista, is not preserved. b) Are natural resources integrated into project? ! Comments: YES (0 to 1 · The woodedarea in the rearcorneris 1.0 retained except for building envelopes and point) streets. · Tree windbreaks are rernoved. NO (0 points) TOTAL (NATURAL RESOURCES) 2.0 Transition Area Development Density Calculation Page 2 of 7 (2) Amenity: a feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? Comments: YES (0 to 1 * Yes, the amenity, in the form of the open point) 1.0 space and trails that run through it, is both ' visually and operationally available to those who do not own property in the development. NO (0 points) b) Does the amenity consist of active recreational components? Comments: · Yes, but only to the extent that walking and = YES (0 to 1 running on trails and within the open space is point) 1.0 considered 'active.' · A factor to be considered, however, is that on a parcel less than 100 acres, it is difficult to provide a significant active recreational component while still achieving the other objectives expressed in this Matrix. NO (0 points) Transition Area Development Density Calculation Page 3 of 7 c) Are physical improvements made that improve access to the natural resources on the site OR does the amenity consist of physical improvements to the property? YES (0 to 1 1.0 , point) I Comments: · Trails · Picnic shelters ; NO (0 points) d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? YES (0 to 1 1.0 Comments: point) · Yes NO (0 points) TOTAL (AMENITY) 4.0 Transition Area Development Density Calculation Page 4 of 7 (3) Design: creation or execution in an artistic or highly- skilled manner consistent with the goals and objectives of the Compressive Plan for the Transition Area. Total a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? Comments: YES (0 to1 ' · Yes point) 1.0 NO (0 points) i b) Is there an attempt to integrate units with amenities within the development? Comments: YES (0 to 1 · Yes, the open space and trails run around point) 1.0 clustered areas of resident~al lots. NO (0 points) Transition Area Development Density Calculation Page 5 of 7 c) Does the development retain or create views or scenic vistas that can be seen from the road? YES (0 to 1 1.0 : point) . Oomments: · The existing vista at the front of the development created by the treed windbreak is removed and replaced by a formalized landscaped open space area. · An entry feature anchors the entrance, with the homes to be built in the development seen in the background. · The 'rural' vista is replaced by a formal, more suburban/exurban vista. NO (0 points) d) Are a mixture of lot sizes and the clustering of homes used to achieve a primarily open space development? ~ YES (0to 1 Comments: ! point) 0.6 · Mixture of lot sizes is not used. I · Homes are clustered into four areas, providing open space and trail opportunities. i I NO (0 points) Transition Area Development Density Calculation Page 6 of 7 e) Does the development use distinct roadway - and "hard infrastructure" that fits the image of the existing rural community? YES (0 to 1 I C°mments: point) 1.0 · yes NO (0 points) TOTAL (DESIGN) 4.6 Transition Area Development Density Calculation Page 7 of 7 Item #27, 28 & 29 Harbour Development Corp. Change of Zoning District Classification from AG- 1 and AG-2 . Agricultural Districts to Conditional R-30 Residential District; Conditional Use Permit for an Open Space Promotion; Appeal to Decisions of Administrative Officers in regard to certain Elements of the Subdivision Ordinance South side of N. Landing Road, west of West Neck Road District 7 Princess Anne June 12, 2002 CONSENT AGENDA Dorothy Wood: We'll go to Items 27, 28 & 29. Number 27 is a Change of Zoning District Classification from AG-1 and AG-2 to Conditional R-30 Residential; number 28, is a Conditional Use Permit for Open Space Promotion; and number 29, is an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. This is for Harbour Development Corporation. The property is located on the north -- excuse me, on the south side of N. Landing Road, west of West Neck Road in the Princess Anne District and there are three conditions. Mr. Bourdon? Eddie Bourdon: Thank you Mrs. Wood. Again, for the record, my name is Eddie Bourdon representing the applicants Mr. Kensler, Mr. Sadler, who are here today. All the conditions -- the three conditions are'all acceptable. On behalf of my clients, we want to briefly thank Carolyn Smith, Stephen White and the Planning staff for all their work on this application. My clients have worked very closely with them and I think, as you said at the informal session this morning, this a first rate plan. It's an excellent plan not like anything else that's been done in the City. And we appreciate you recognizing that by putting it on the Consent agenda. Dorothy Wood: Thank you Mr. Bourdon. John Baum: I wanted to ask a question. There's another parcel in between that and the Vo Tech School. Is that right? Do you know who owns that? Eddie Bourdon: There's a - John, I have an aerial of that if that would be of any use to you. John Baum: Yes. Robert Miller: John, there it is. John Baum: Well. Eddie Bourdon: Oh, there we go. We got it here to. One that'.s been timbered? John Baum: Yes. Item #27, 28 & 29 Harbour Development Corp. Page 2 Eddie Bourdon: I just asked my clients. I do not know who owns that parcel that's been timbered that's between us and at Vo Tech. John Baum: You know, you drive by frequently you see something happen and one reason why I wanted to bring that up, our crazy government -- Wetlands definition -- Wetlands by their definition. There's nothing wrong with developing it in my opinion, but it' s been so erratic that I just wish people wo. uld notice some of these go up, some go down. Who knows who approves? The reporters have no interest in Freedom of Information Act. I love to read the language when they approve these and when they disapprove, so that's not your client's fault. Eddie Bourdon: I do know Mr. Baum and from my personal experience, you have forest a piece of property in this area and you timber it without taking the proper precautions and having delineation to go first, it all becomes Wetlands once you timber it. John Baum: Right. Well, if it delineated before the tree's cut it's not Wetlands. Eddie Bourdon: That's correct. John Baum: In last October, they become no longer Wetlands and you could do anything you want to and soon as you work it, it looks greasy and wet and everything else, but, that's government reasoning. Eddie Bourdon: You're absolutely correct. Ronald Ripley: Mr. Scott. So much time and effort has been spend developing additional guidelines, additional approaches to properties in the Transition Area that are up for development. This property seems to - it seems to meet the criteria and I think, from my opinion, that the developer and the staff have done an excellent job in putting this together. Would you like to comment on this because this is a little more sensitive area then we typically deal with here. Robert Scott: I would. I appreciate the opportunity. I can't think of an area that's been more difficult for us to deal with than in the policy areas related to the developing of the Transition Area over the last nine months or so. In fact, some people would say longer than that. But recently, we've developed with the Planning Commission's help, a matrix for evaluating these applications and we've consistently applied them to applications that have come in over the last several months now. In this case, first of all, let me say that the matrix takes into account a number of different factors. It takes inte account the design of the subdivision. It takes into account, the appearance from the street. Takes into account protection of natural resources. It takes into account the design and the layout and the relationship of open space to the development. In all of those cases, two things can be said. First of all, I do affirmatively believe that Council is comfortable with the direction we are heading from a policy point of view on every one of those issues. They expressed that through their words and through their actions. And also, I can say, that the application here rate very high no every one of those points. It does not rate Item #27, 28 & 29 Harbour Development Corp. Page 3 particularly high on the issue of lot sizes and the way lot sizes are employed throughout the subdivision but I can in good faith say I have the same degree of comfort about Council's view on that point. Council has not express to us as they have with those other points a level of comfort with our approach to lot sizes. And I think the fact is something that we need to work on further and we are working on further. And we hope that we can bring to a truthful conclusion with ail the parties involved. The difficulty that our staff in this is asking the developer to amend his plans to accommodate a policy we're not sure Council is comfortable with. I would really have a difficulty with that. So, I think it just needs to be noted that where as the matrix one when applied as drafted - I think 62 lots on its property. We are recommending the 66 because the short comings is in an area of doubt that we have about how solid everybody is on the policies related to lot size in that area. We felt that it was probably inappropriate to hold an applicant responsible for building or complying with the condition that evidentially lacks a level of confidence. And I just think that needs to be noted so that everybody knows where were coming from. I do have a great deal of faith generally in the approach of applying this matrix. I think it does some good. I think it provides clarity. I think it provides some points that people can see and understand and relate to easily. And I think it's something that we would like to continue to do. By enlarge, this application has matched up very well against it and my write up reflects that. But I did want to make sure that the Planning Commission knows about that one point and why we differed on that one point regarding the matrix and what our reason behind that was. If you feel that our reasoning is not sound and that we should have gone in a different direction, well you have the facts here at your disposal to do that. But ! felt it was encumbered upon us to explain why we did what we did with the matrix and as it relates to this application. I appreciate the chance to explain that. Ronald Ripley: Thank you. Dot? Eddie Bourdon: I just want to add one thing I forgot to add. My clients also met with the group out there on N. Landing Road, one of the primary members being another former Chairman Dick Cockrell. We've met with all the folks who live out in that area. I wanted to let the Commission know that as well. Dorothy Wood: Thank you Mr. Bourdon: Again, number 27, 28 & 29 is Harbour Development Corporation. A Change of Zoning District Classification from AG-1 and AGo2 to R-30, number 28, it's a Conditional Use Permit for Open Space Promotion; number 29, it's an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. This property is located on the south side of N. Landing Road, west of West Neck Road. Are there any objections to items 27, 28 & 29? If not, I would move to approve number 27, 28 & 29 with three conditions. Ronald Ripley: So we have a motion. Do we have a second? Eugene Crabtree: I'll second it. Ronald Ripley: Motion by Dot Wood, seconded by Eugene Crabtree. We're ready to vote. Item #27, 28 & 29 Harbour Development Corp. Page 4 AYE 10 NAY 0 ABS 0 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 10-0, the motion passes. ABSENT 1 ABSENT Applicant's Name: Harbour DISCLOSURE STATEMENT Development: Corporat±on, L.L.C. List All Current . Property Owners: Burch Family Ltd'. partnership Arline M. Rosenmier~ Successor Trustee Michael J. Stafford, Sr., Trustee PROPERTY OWNER DISCLOSURE ff 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) Timothy A. Bu.rch, Sr., General Partner Pearl S. Burch, Partner James H. Butch, Partner Nancy Mikutowicz, Partner 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) Robert R. Kinser Ed Sadler Preston Fussell Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. {2ERTIFICATION: I certtfy that the information contained herein is true and accurate. ;urch Family Ltd. Partnership Harbou~/'~velopment Corporation, L.L.C., ~ _ /~ ~ ~ /y! ..~. ~a Vir~j~f ~~ed liablity company ' S'gnature Timothy ^. ~,,..E~c'h, Sr., General . Partner Robert R. Kinser, Managing Member Print Name Rev. 9/15/98 FORM NO. P.S. INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5542 DATE: June 26, 2002 TO: FROM: Leslie L. Lilley B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Harbour Development Corporation, L.L.C., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 9, 2002. I have reviewed the subject proffer agreement, dated May 21, 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: [S¥1~[$. I~OUI~DON, AIIERN & LEVY. P.C. HARBOUR DEVELOPMENT CORPORATION, L.L.C., a Virginia limited liability. company, BURCH FAMILY LTD. PARTNERSHIP, ARLINE M. ROSENMEIER, Successor Trustee of the Joseph H. HowleR, Jr., Revocable Trust MICHAEL J. STAFFORD, SR., Trustee of the ROBERT E. STAFFORD, SR. REVOCABLE TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 21st day of May, 2002, by and between HARBOUR DEVELOPMENT CORPORATION, L.L.C., a Virginia limited liability company, Grantor, party of the first part; BURCH FAMILY LTD. PARTNERSHIP, ARLINE M. ROSENMEIER, Successor Trustee, and MICHAEL J. STAFFORD, SR., Trustee, Grantor, parties of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third WITNESSETH: WHEREAS, the parties of the second part are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 65.1 acres and described in Exhibit "A' attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the party of the 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 Agricultural Districts to Conditional R-30 Residential District with a Conditional Use Permit for Open Space Promotion; and GPIN: 1493-58-7581 RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY: ~YI3;g. 1~()1 qtl)ON. I AIII..'I,'N & LINY. WHEREAS, the Grantee's policy is to provide only for the orderly developmen~t,. of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to peixuit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-30 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 Grantor, for itseff, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title 'and which will not be required of the Grantor until the Property is developed: 1. When development takes place upon that portion of the Property which is t° be developed, it shall be as a single family residential community of no more PREPARED BY: I SYI~[S, t~t)ltl:ll)ON. I AIIEI~N & LEVY. P.C. than sixty-five (65) building lots substantially in conformance with the Exhibi~ entitled ~REZONING EXHIBIT OF VICTORIA PARK", dated May 7, 2002, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (~Concept Plan"). Each building lot shall be developed with double (i.e. two times) the ~Total Canopy Cover Required" as Specified in the City of Virginia Beach's ~Residential Tree Requirement Table" published by the Virginia Beach Department of Planning as of the date hereof. 2. When the property is developed, a central park containing approximately 25.2 acres of landscaped parklands and lakes featuring passive park areas, community activity areas featuring an extensive pedestrian pathway system, park benches, covered shelters and picnic areas lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. 3. When the property is developed, the pedestrian pathway system and open space improvements shall be constructed substantially as depicted on the Concept Plan. 4. At the entrance to the community the Party of the First Part will construct both right and left turn lanes from North Landing Road and a brick wall, 18 inches in height parallel to North Landing Road on each side of the entrance road as depicted on the Concept Plan. 5. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ('Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, including the community owned open space with pedestrian pathway system, the entrance feature and community activity area. 6. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than fifty percent (50%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain 'no less than 2600 square feet PREPARED BY: AtlERN & LL-YY. P.C of enclosed living area excluding garage area. The Deed Restrictions shall require,. each dwelling to have, at a minimum, a two (2) car garage. .: 7. The Grantor recognizes 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 thirty-nine percent (39%) of the Property to open space preservation, via the dedication of 25.2 acres to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty and 00/100 Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 8. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-30 Zoning District and to the requirexnents and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such 'conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even ff the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, 4 PREPARED BY: I$Y[[$. I~OU~DON. AIIERN & LL'VY. p.C however, may be repealed, amended, or varied by written instrument recorded in thg 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 pu.blic hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ff not so recorded, said instrument shall be void. The 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 goveming 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 Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk'S Offic'e of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 PREPARED BY: I$Y!~[$. I~OUt~DON. Ali[liN & II'rY. P.C WITNESS the following signature and seal: GRANTOR: STATE OF VIRGINIA CITY OF VIRGINIA BEACH ., to-wit: HARBOUR DEVELOPMENT CORPORATION, L.L.C., limited liability company f~ginia By: (SEAL) Managing Member June The foregoing instrument was acknowledged before me this 10th day of 2002, by Robert R. Kinser, Managing Member of Harbour Development Corporation, L.L.C., a limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2002 6 PREPARED BY: I~Yi([$, BOUItDON, AtI£RN & LL:'VY. kC. WITNESS the following signature and seal: GRANTOR: BURCH FAMILY LTD. PARTNERSHIP ~, Sr., Sene;al P(Sar~nEAeL~ ~ITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this ~'~'~ay of May, 2002, by Timothy A. Butch, Sr., General Parmer, of the Burch Family Ltd. Partnership, Grantor. My Commission Expires: "~o--rn~',~s~J~n B:pi~s Ma'ch 31o 20~5 PREPARED BY: i$Y[[$. DOUt~DON. AtIE~N & LEVY. P.C WITNESS the following signature and seal: GRANTOR: - ~ix~e M. Rod~nmeier, Su/ccessor Trustee of the Joseph H. Howlett, Jr. Revocable Trust STATE OF ~ CITY/COUNTY OF ~D_r ~--. , to-wit: The foregoing instrument was acknowledged before me this ~'~-day offS, 2002, by Arline M. Rosenrneier, Successor Trustee of the Joseph H. Howlett, Jr. t Revocable Trust, Grantor. My Commission Expires: PREPARED BY: ISY/[§. I~OURDON. AIIt~N & LIVY. P.C WITNESS the following signature and seal: ~,' GRANTOR: l~lichael J. ~afford, .~., Trustee of the ~ooerr E. Stafford, Sr., Re~o~:able Trust STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledgedi 2002, by Michael d. Stafford, Sr.,fT~stee Trust, Grantor. ~r~ ~~, ~ , '-vV t My Commission Expires: O~- :efore me this ~ ~ day of May, ~bert E. Stafford, Sr. Revocable blic PREPARED BY: Al ll,'.l~N & LIVY. P.C All of that certain piece or parcel of land situate near Princess Anne Courthouse in the Seaboard Magisterial District in the County of Princess Anne, Virginia, and more particularly described by metes and bounds as follows: BEGINNING at a point on the southern side of State Highway Route 165 known as North Landing Road, as evidenced by the dedication of a fifteen (15) foot strip of land to Princess Anne County, where same int.ersects the eastern line of the lane to the Boomer residence, as shown on the plat entitled "Survey of M. W. Flora Property, Seaboard Magisterial District, Princess Anne County, Virginia', dated December 5, 1961, made by Wilfred P. Large, Certified Land Surveyor, said plat to be recorded simultaneously with this deed; and running thence easterly along the southern side of North Landing Road, N. 70° 15' E. a distance of 419.47 feet to a point and running thence S. 23° 19' E. a distance of 279.01 feet to a point; and running thence N. 66° 41' E. a distance of 189.39 feet to a point; and running thence S. 32° 01' E. a distance of 365.79 feet to a point; and running thence S. 32° 32' E. a distance of 733.05 feet to a point; and running thence S. 32° 37' E. a distance of 997.11 feet to a point; and running thence S. 32° 27' 45' E. a distance of 402.31 feet to a point; and running thence S. 49° 56' 35' W. a distance of 1144.41 feet to a point; and running thence N. 32° 24' 51' W. a distance of 1483.87 feet to a point; and running thence N. 26° 40' 06 W. a distance of 102.86 feet to a point; and running thence N. 13° 48' 31' W. a distance of 107.93 feet to a point; and running thence N. 8° 37"24' W. a distance of 553.62 feet to a point; and running thence N. 11° 59' 58' W. a distance of 909.02 feet, to the point of beginning. GPIN: 1493-58-7581 C O ND REZN / HARBO UR / PROFFER 7 REV.5/21/02 10 Map C-~ Randee Marie Holmes Not ~.o B-2 B-2 Gpin 1464-4~-2059 ZONING HISTORY Conditional Use Permit (automobile service station) - Withdrawn 5-22-01 Conditional Use Permit (driving range/miniature golf) - Granted 1-10-95 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Randee Marie Holmes, Conditional Use Permit MEETING DATE: August 13, 2002 Background: An Ordinance upon Application of Randee Marie Holmes for a Conditional Use Permit for a home daycare on the south side of Blue Knob Road, west of Cannan Valley Avenue (GPIN #1464-09-2059). Said parcel is located at 1952 Blue Knob Road and contains 7,500 square feet. DISTRICT 1 - CENTERVILLE. Considerations: The applicant is requesting a conditional use permit for a home occupation (home daycare) to operate a daycare facility to care for up to 12 children, seven days a week. Recommendations: A motion was passed by the Planning Commission by a recorded vote of 9 -1 to approve this request subject to the following conditions: The home daycare shall be limited to a total of ten (10) children other than children living in the home. There shall be no more than five (5) children under the age of 2- 1/2 in the home at one time. 2. No more than one person other than a relative residing in the home shall be employed by the home daycare. 3. A fence shall be maintained at all times to create an enclosed play area. 4. Any loose materials or equipment or machines in the front, side, or rear yards shall be removed or stored in an enclosed building. Attachments: Staff Review Planning Commission Minutes Disclosure Statement ' Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~~ ~ City Manager: · Randee Marie Holmes Page 2 5. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any time. The applicant shall maintain a family daycare home license with the Commonwealth of Virginia. Failure to maintain a family daycare home license shall terminate this conditional use permit. 7. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. RANDEE M RIE HOLMES / July 10, 2002 REQUEST: ADDRESS: General Information: Conditional Use Permit for Home Occupation (home daycare) 1952 Blue Knob Road Ma~o C-II ,o ~co~. Randee Marie Holmes B-2 B-2 Crpin 1464-40-2059 GPIN: ELECTION DISTRICT: SITE SIZE: 1464-09-2059 #1 - CENTERVILLE 7,500 square feet Planning Commission Agenda July 10, 2002 '~ RANDEE MARIE HOLMES ! # 4 Page 1 STAFF PLANNER: PURPOSE: Carolyn A.K. Smith To operate a home daycare facility to care for up to 12 children seven days a week Major Issues: . Impact of additional noise and traffic on neighboring properties. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq A single family home currently exists on the property. The property is zoned R-7.5 Residential District. Surroundinq Land Use and Zoninq North: South: East: West: · Single-family dwellings / R-7.5 Residential District · 120 foot wide Virginia Power easement / R-7.5 Residential District · Single-family dwellings / R-7.5 Residential DiStrict · Single-family dwellings / R-7.5 Residential District Zoninq History A Conditional Use Permit request for an automobile service station was recently withdrawn, prior to City Council review, in May of 2001, in the vicinity of this property. Beyond the Virginia Power easement to the south, a Conditional Use Permit was approved for a driving range and miniature golf course on January 10, 1995. Planning Commission Agenda July 10, 2002 RANDEE MARIE HOLMES / # 4 Page 2 Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana. .Natural Resource and Physical Characteristic.~ There are no significant environmental resources on this site as it is currently developed as a single-family lot. Public Facilities and Services Water and Sewer Water: Sewer: There is a six (6) inch water main in Blue Knob Road fronting the property. This site is connected to City water. There is an eight (8) inch sanitary sewer main in Blue Knob Road fronting the property. This site is connected to City sewer. .Transportation Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity No traffic information Existing Land Use - 10 ADT ~ available for Blue Knob N/A N/A Road Proposed Land Use - 35 ADT 2 y one (1) single family dwelling 2 Average Daily Trips as defined by twelve (12) children in home daycare plus single-family dwelling Public Safety Police: Adequate - no further comments. Fire and Rescue: Adequate - A Certificate of Occupancy must be obtained from the Building Official for the change of use. No more than five (5) children under 2 ½ years of age are permitted unless the use is designated as an "1" use group. Planning Department / Planning Commission Agenda July 10, 2002 RANDEE MARIE HOLMES / # 4 Page 3 Permits and Inspections Division shall determine requirements, if any, for fire protection systems. Comprehensive Plan The Comprehensive Plan map recommends suburban residential land use for the subject property with a density at or below 3.5 dwelling units per acre. One of the Citywide Policies listed in the Comprehensive Plan is to "preserve and protect the character of existing stable neighborhoods against inappropriate land use intrusions." However, the Plan specifically recognizes the "legitimate public need for a limited amount of compatible support activities, such as daycare services and housing for people with special needs." (p.51). Summary of Proposal Proposal · The applicant proposes to operate a home daycare for up to 12 children, Sunday through Saturday. · The hours of operation will be flexible so as to accommodate work schedules for military personnel and medical and shift work employees. Both the applicant and her husband, as needed, will be home during the daytime hours to care for the children. In addition, one employee may ultimately be necessary due to State Department of Social Services requirements. Site Desiqn · The single-family dwelling is located on a 7,500 square foot lot. · The applicant proposes to replace the existing fence along the rear property line with a white vinyl solid privacy fence. Vehicular and Pedestrian Access Planning Commission Agenda ~~ July 10, 2002 ~~~.~ RANDEE MARIE HOLMES / # 4 ~ Page 4 · The applicant has a straight drive leading to a garage. · The existing driveway can accommodate up to four (4) parked cars. · Pedestrian access is adequate via existing sidewalks. Architectural Desi,qn · The existing house is a two-story frame house with vinyl siding. No changes to the exterior of the house are proposed. Landscape and Open Space Desiqn Currently, there are pockets of stored equipment and materials in the side and rear yards. Condition #4 below requires that these be removed or stored in an enclosed structure. · A ground cover of shredded tire material exists in the current play area. Evaluation of Request The request for a home occupation (daycare) operating Sunday through Saturday is acceptable subject to a reduction in the number of children requested from twelve (12) to ten (10). The home day care use can potentially generate an additional 25 daily vehicular trips. Section 234 (b) of the City's Zoning Ordinance states that "No traffic ... shall be generated by such activity in greater volumes than would normally be expected in the neighborhood .... "The reduction to ten (10) children will somewhat lessen the amount of traffic and is more in keeping with residential uses and the intent of the ordinance. The applicant is in the process of applying for a license from the State Department of Social Services, which is responsible for ensuring quality care for the children. Condition #6 below requires that the applicant receive the license from the State; therefore, inspections and requirements of that agency must be met. Staff recommends approval of this application subject to the following conditions. Planning Commission Agenda July 10, 2002 RANDEE MARIE HOLMES / # 4 Page 5 Conditions The home daycare shall be limited to a total of ten (10) children other than children living in the home. There shall be no more than five (5) children under the age of 21/2 in the home at one time. No more than one person other than a relative residing in the home shall be employed by the home daycare. A fence shall be maintained at all times to create an enclosed play area· Any loose materials or equipment or machines in the front, side, or rear yards shall be removed or stored in an enclosed building. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any time. The applicant shall maintain a family daycare home license with the Commonwealth of Virginia. Failure to maintain a family daycare home license shall terminate this conditional use permit. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet 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 RANDEE MARIE HOLMES/# 4 Page 6 O.B' f~ TIL/TY LOT 46 e' Wood F£NC~ LOT 47 2~' ~,m~/ OR. &,~. I I' EL~ / ST f£O / / / / / / LOT BLUE 300.00' £~67.8~ ~NO~ Ro^o (5o' R/W) Planning Commission Agenda ~'~ July 10, 2002 ~ RANDEE MARIE HOLMES / # 4 Page 7 Planning Commission Agenda July 10, 2002 RANDEE MARIE HOLMES ! # 4 Page 8 Item #4 Randee Marie Holmes Conditional Use Permit for a home daycare on the south side of Blue Knob Road, west of Cannan Valley Avenue 1952 Blue Knob Road District 1 Centerville July 10, 2002 REGULAR AGENDA Ronald Ripley: Okay. Mr. Miller will you call the first matter. Robert Miller: First one is Item #4, which is Randee Marie Holmes. Randee Holmes: Good afternoon. My name is Randee Holmes. I'm applying for a Conditional Use Permit for an in home daycare for up to twelve children but I have agreed to reduce to ten. I have some current pictures here of my yard. I'm currently working with the Department of Social Services to obtain a license for my in home daycare. I'll provide childcare for mostly families with a 9-5 schedule. I also provide childcare for military and nurses who work in the evening where I find a tremendous need and currently have a waiting list. One of my neighbors is present in support and along with three letters you got this morning, I'd like to pass around a fourth letter to the Board. I'd be glad to answer any questions. Ronald Ripley: Any questions of the applicant? Will? William Din: Ms. Holmes. I asked to hear this just to satisfy my curiosity in some of the areas. I'm all in favor of providing this type of service. I think there is a need for it. My concern is disruption to the neighborhood primarily. And maybe, just by answering a few questions might help us all understand, I guess the type of business that you're going to try and run here. Reducing it down to ten children is a right step. I think our write up indicates there's going to be up to like 25, could be up as many as high as 25 vehicle trips per day. Do you have any idea how many of those would be at night and what hours they would be running? Randee Holmes: For evening care it would usually be like a 3-11 shift. And it may be only 2-3 people. I don't have very many that come out the same time for evening care. It's just providing that service for those people because it is hard to find people to keep your kid extended hours and late into the evening hours. William Din: Are these usually younger children or older children at that age - I mean at that time? Randee Holmes: Pre-school age. Item #4 Randee Marie Holmes Page 2 William Din: Pre-school age? So, you think there's only about 3-4 at night. Most of the majority of these during a 9-5 shift is what I hear? Randee Holmes: Yeah. And the thing is they are not everyday either. Those shifts they work like three days out of the week. William Din: How many are you currently doin. g during the day now? Randee Holmes: Up to five. William Din: Up to five? Randee Holmes: Yes. William Din: And any at night at this point? Randee Holmes: One. William Din: Is that the prediction on the traffic, I guess, is based upon what you see with the one at night? Randee Holmes: Right. William Din: You anticipate more than three or four at night? Randee Holmes: No sir. William Din: From my understanding the ten that's allowed here, is that ten per day? Is that what's being allowed? At one time? Ronald Ripley: Ten at any one time? William Din: So you could have ten at night also? Randee Holmes: Right. That's a rarity. That probably will not happen. William Din: Do you have a lot of traffic on this road at this point, other than what you would anticipate coming through there to pick up the kids? Randee Holmes: No sir. William Din: Alright. Ronald Ripley: Dot Wood has a question if you don't mind? Item #4 Randee Marie Holmes Page 3 Dorothy Wood: Ms. Holmes, I also have a problem with ten children at one time. Now, if you have children during the daytime and children at night, you would have more than ten during that period than I guess when parents are still at work and the others go to work. Is that correct? Randee Holmes: No ma'am. I would make sure that the other ones were gone before another one came in. Dorothy Wood: You said some work 9-5 and you said some work 3-11. Randee Holmes: Well that was like just a general idea of some schedules. I would coordinate it where there would be no more than ten at one time. Dorothy Wood: How many children do you have in your backyard playing at any one time? Randee Holmes: No more than ten. Dorothy Wood: Ten children. And you have no complaints from your neighbors? They don't mind this? ' Randee Holmes: No ma'am. I have two letters, one was given to you earlier and one now that are from my exact adjacent neighbors on both sides. Dorothy Wood: But you'll never have more than ten in the backyard at one time? Randee Holmes: No ma'am. Dorothy Wood: And you have children too. Randee Holmes: Yes ma'am. So, they'll be additional children? Dorothy Wood: And how many do you have? Randee Holmes: I have three. Dorothy Wood: So, that will be thirteen children? Randee Holmes: Yes. But they would never all be in the backyard at one time. Dorothy Wood: And was this going to be seven days a week? Randee Holmes: Just to accommodate those flexible schedules. Not guaranteed seven days a week everyday of the week. Item ~4 Randee Marie Holmes Page 4 Dorothy Wood: Thank you. Ronald Ripley: Betsy Atkinson has a question. Betsy? Betsy Atkinson: Mr. Vakos and I have been on this mission for quite a while and we actually, been in similar situations where all the neighbors were here in opposition. Which makes a very uncomfortable situation and I'm delighted that you've got your neighbors here in support of your application. And I will for one support your application. And will make a motion if that's appropriate. Okay. Eugene Crabtree: I've got a question. Betsy Atkinson: Okay. Ron? Ronald Ripley: Yes? I'm sorry. Eugene Crabtree: I've got one question. The children that you keep on the evening shift, the 3-11... Randee Holmes: Yes sir. Eugene Crabtree: Providing that they are younger children, how many sleeping accommodations do you have presuming that young children will be going to sleep early? I have cots for them. And I have up to ten cots. I have ten cots. In other words, you can actually put ten children down to sleep at one Randee Holmes: Eugene Crabtree: time. Randee Holmes: at nine. Eugene Crabtree: Randee Holmes: COTS. Yes sir. And I do that at 9 o'clock. If I have any kids, I lay them down Question 4/2. What kind of space are you putting these ten cots into? It's a whole room. They got well walking room around each of the Ronald Ripley: Don, you have a question? Donald Horsley: I'll just make one comment. Nice pretty days this is real nice. What in the world do you do with all these kids when you have bad weather in the wintertime and you have to keep them all in the house? Randee Holmes: My bottom floor in my home is set up for the children. Three of my rooms are available for them. I have a large playroom and I have and I call it an "activity Item #4 Randee Marie Holmes Page 5 room" that is for like the puzzles and books. And my formal living room is also another indoor play area for the children. I don't confine them into one room. I allow them to move around the house. Donald Horsley: Well, you're to be commended. Because unlike me... Randee Holmes: Thank you. Donald Horsley: You're very organized. Ronald Ripley: Yes, John Baum has a question. John Baum: I'd just like to commend her for her speeches both six sentences long on what could be a contested item. She set a wonderful example. Ronald Ripley: Yes she has. Yes she has. John Baum: And I can tell she's not going to run for Council. Ronald Ripley: Yes. Any other questions of the applicant at this time? Robert Miller: We have another speaker. She'd like to speak. Barbara Prater. Barbara Prater: Good afternoon. My name is Barbara Prater. I'm a neighbor of Randee Holmes. I'm a teacher with the Virginia Beach School system. And I have lived in the neighborhood, my husband and I, for 24 years. We have not noticed any difference in the traffic flow in our neighborhood. We live across the street from her and there has not been any problem with traffic or cars parked to get in and out of your driveway. We've been able to have access to get in and out. We don't even have to wait on anything. There has been no problem. I have heard and I have seen no problem with her having her daycare there. It is very well run. The outside of the house is very well kept up. The inside of the house is clean and neat and is made for children, for their benefit, for the safety and for them to have a nice time. I think this is a great idea. And our community very much needs Randee Holmes as a daycare provider for what she gives. She has a lot to give to the children. Thank you. Ronald Ripley: Thank you very much. Any other speakers on this matter? Okay. Betsy? Betsy Atkinson: I'd like to make a motion to approve this application for Randee Marie Holmes for a Conditional Use Permit for a daycare center. Ronald Ripley: Robert Vakos: Motion made by Betsy Atkinson and seconded by... Seconded wholeheartedly. Item ~4 Randee Marie Holmes Page 6 Ronald Ripley: Wholeheartedly seconded by Bob Vakos. We're ready to vote. AYE 9 NAY 1 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD NAY ABSENT Ronald Ripley: By a vote of 9-1, the motion carries. Map ~p Not tc Scele Gpin 2407-34-6916 ZONING HISTORY 1. Conditional Use Permit (Landfill) - Approved 6-16-86 Historic / Cultural Overlay District - Approved 4-18-74 Conditional Use Permit (Borrow Pit) - Approved 1-17-64 2. Conditional Use Permit (Church) - Denied 6-28-94 Conditional Use Permit (Outdoor Recreational Facility) -Approved 6-10-97 3. Conditional Use Permit (Automobile Sales) - Approved 11-13-01 Conditional Use Permit (Automotive Repair) -Approved 4-28-98 4. Conditional Use Permit (Motor Vehicle Sales and Rental) - Approved 11-9-99 5. Conditional Use Permit (Automotive Repair and Bulk Storage) - Approved 8-28- 01 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, Modification of Conditional Use Permit MEETING DATE: August 13, 2002 Background: An Ordinance upon Application of the City of Virginia Beach for a modification of a Conditional Use Permit to fill a borrow pit and approved by City Council on April 27, 1964. Property is located on the north side of the Norfolk-Southern Railway Right-of-Way, west of Airstation Drive (GPIN #2407-34-6916). DISTRICT 6 - BEACH. Considerations: This request is a modification to a conditional use permit for the purpose of adding inert materials to a filled borrow pit. The borrow pit was established in the late 1960s. The City of Virginia Beach Public Works Department obtained a conditional use permit to fill the borrow pit with dredge materials in 1986. The Public Works Department wishes to add additional fill to the site. Their existing landfill on Oceana Boulevard has reached its capacity. The department anticipates that this site will allow an eight to ten year fill period. The filling of the site will begin at the eastern most portion of the site. The fill will be done in five-acre areas, from the eastern portion westward. The anticipated height of the finished fill will vary from 25 feet to 30 feet in height. Buffering will be established to protect the adjacent residential land uses and to screen the use from 1-264. An end use / land plan for a cultural/ recreational multi purpose area that complements the surrounding properties and uses has been submitted and is acceptable. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 10-0 to approve this request subject to the following conditions: ' Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map recommends approval. ' ..... ~-i.~ ............ '"' I Submitting Department/Agency: Planning Department .,~.~... . City of Virginia Beach Page 2 o The limits of fill shall substantially adhere to the submitted site plan, except as noted below, titled "DREDGED MATERIAL DISPOSAL SITE, WOLFSNARE PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach, Virginia", dated 10/12/01, revised 1/31/02, and prepared by Landmark Design Group. Said plan is on file with the City of Virginia Beach Plannirig Department. The stormwater management ponds shall adhere to the natural design depicted on the END USE / LAND USE PLAN, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. The fill operation shall begin at the eastern most portion of "Cell B" as conditioned by the City of Virginia Beach Historical Review Board on April 18, 2002. Restoration of the site shall substantially adhere to the submitted "END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE," prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. Fencing around the site shall be "black vinyl coated" chain-link as depicted on the "END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. Wood and vegetative debris from large storms and hurricanes shall be mulched and reduced in volume for disposal at other sites in the city. There shall be no storage of vegetative or timber debris on the site. The hours of operation shall be Monday through Friday, from 8:00 alm. to 5:00 p.m. This condition may be suspended during times of emergency, such as large storm events and hurricanes. The proposed waterline for the Upper Wolfsnare Plantation, depicted on the submitted site plan, titled "DREDGED MATERIAL DISPOSAL SITE, WOLFSNARE PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach, Virginia", dated 10/12/01, revised 1/31/02, and prepared by Landmark Design Group, shall be installed as soon as funds become available. CITY OF VIRG NIA BEACH / # 10 General InfOrmation: July 10, 2002 REQUEST: ADDRESS: Modification to a Conditional Use Permit to add additional fill to a borrow pit The north side of the Norfolk-Southern ROW, west of Airstation Map City o.f Virginia Beach Drive OCEANA NA V,4L I-~ U.S. GOVERNMENT Gpin 2407-34-6916 GPIN: ELECTION DISTRICT: 2407-34-6916 6 - BEACH Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH ! # 10 Page I SITE SIZE: STAFF PLANNER: PURPOSE: 67.10 acres Faith Christie To add inert materials to a filled borrow pit. The borrow pit was established in the late 1960s. The City of Virginia Beach Public Works Department obtained a conditional use permit to fill the borrow pit with dredge materials in 1986. The Public Works Department wishes to add additi(~nal fill to the site. Their existing landfill on Oceana Boulevard has reached its capacity. The department anticipates that this site will allow an eight to ten year fill period. Major Issues: · Compatibility with the adjacent residential neighborhood, the historic Upper Wolfsnare Plantation house, and the United States Navy airfield operations. · Visibility from Interstate 264 (eastbound), a major highway into the Oceanfront Resort Area. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq A filled borrow pit occupies the site. The historic Upper Wolfsnare Plantation home occupies the western portion of the site. The site is zoned R- 7.5 Residential District, with Historical and Cultural District overlay on the western portion of the site. Planning Commission Agenda ""- July 10, 2002 :..t CITY OF VIRGINIA BEACH / # 10 Page 2 .Surroundinq Land Use and Zoning North: South: East: West: · Interstate 264 eastbound lanes · Norfolk and Southern Railroad, Potters Road, and NAS Oceana airfield · Oceana Gardens subdivision / R-7.5 and R-5D Residential Districts · Upper Wolfsnare Plantation House / R-7.5 Residential District and H/C Historical and Cultural District Zoninq History Before 1973, the site was zoned R-S4 Residence Suburban. In January 1964, a Conditional Use Permit for a borrow pit was approved on the site. From 1973 to 1988, the site was zoned R-6 Residential. The Historical and Cultural Overlay District was approved on April 1974. In June 1986, a Conditional Use Permit was approved to fill the borrow pit. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of more than 75dB Ldn and partially in both the Aircraft Accident Potential Zones (APZ) I and II surrounding NAS Oceana. The United States Navy has examined their easement on the property and finds the landfill and end use plan to be acceptable. Natural Resource and Physical Characteristics The site is a filled borrow pit with elevations ranging from 8.0 feet to 25.0 feet in height. The site is divided into two "cell" areas, A and B. Approximately ten feet of surface soils, a mixture of sand and clay with a thin layer of topsoil, exists over a thirty-fOot layer of liquefied dredge spoils within the cell sites. The vegetation on the cell sites consists of scattered grasses. Earthen dikes surround both cells, with elevations of 15.0 feet to 19.0 feet in height. A twelve-foot wide dirt road exists on top of the dikes. The perimeter of the site contains grasses, shrubs, and trees. A small area of wetlands exists at the northwest corner of the site. The area has been delineated by the U.S. Army Corps of Engineers; however, since the area will not be disturbed, no permit is required. The site is located within the Resource Management Area of the Chesapeake Bay Preservation Area. Planning Commission Agenda ~;~'"~ CITY OF VIRGINIA BEACH / # 10 Page 3 Public Facilities and Services Water and Sewer Water: There is a twelve (12) inch water main in Potters Road, fronting a portion of the south side of the property. Thero is a twelve (12) inch water main that extends north through the site from Potters Road. Sewer: There is a twelve (12) inch sanitary sewer force main on the site, south of the Norfolk and Southern Railway. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Potters Road in front of this site is a two-lane rural-type road. There are currently no plans to improve this road in the Capital Improvement Program. The proposed right and left tum lanes shown on the submitted plan will accommodate the additional traffic generated by this use. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z_ 10 Potters Road 6,500 ADT 1 7,400 ADT ~ Proposed Land Use 3_ 150 Average Daily Trips as defined by inactive borrow pit / landfill as defined by active borrow pit / landfill Public Safety Police: No comments at this time. Fire and Rescue: The storage of inert materials poses no fire hazards. The use of the site for the collection of wood and vegetative debris after large storms that is then mulched and stored on-site must be properly managed to prevent fires. Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH / # 10 Page 4 Comprehensive Plan The Comprehensive Plan Map designates the eastern portion of the site as an area planned for a variety of employment uses including business parks, offices, and industrial and employment support uses, The westem portion of the site is designated as Suburban Residential with densities. The site is located within the highest noise zone and aircraft accident potential zone surrounding NAS Oceana. The site, near the historic Upper Wolfsnare Plantation House, is partially designated as a resource of historic or cultural significance. One of the Citywide issues and policies listed in the Comprehensive Plan is to protect and enhance historic, cultural, architectural, and archeological resources, where practical, to improve the quality of our physical environment and to achieve heritage, tourism, economic development and other important strategic goals. A portion of the site is zoned Historic and Cultural Overlay District, which applies to the historic resource known as Upper Wolfsnare Plantation. The house was constructed in 1759 by Thomas Walke, III, and is relatively unchanged as an example of a house type once common in the Virginia Beach area. The Historical Review Board, which reviews proposed changes in the Historic and Cultural Districts, reviewed the proposed fill plan and end-use plan in April 2002, and found it to be acceptable subject to the following conditions: 1. Application approved as presented provided that the proposed pavement improvement will not extend to the house, but instead stop just short of the railroad tracks. 2. The fill operation will start on the eastern side of the side. Summary of Proposal .proposal The applicant wishes to obtain a conditional use permit to add inert materials to an existing filled borrow pit. The materials will consist of concrete and asphalt from roadway projects, soil debris from drainage ditch construction, and dredged material from City dredging projects. The site will also be used Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH / # 10 Page 5 as a disposal site for storm and hurricane debris. No vegetative or timber debris will be disposed of or stored on the site. The site is located between Potters Road, to the south, Route 264 (east bound), to the north, the historic Upper Wolfsnare Plantation House, to the west, and Oceana Gardens, to the east. The site is impacted by the AICUZ regulations and United States Navy easements. The original borrow pit was excavated in the middle 1960s, during the construction of Route 44, now Interstate 264. In 1986, the City of Virginia Beach / Public Works Department obtained a Conditional Use Permit to fill the borrow pit with dredge material from the city's dredging projects. Upon completion of the fill, the site was to be "made suitable for agricultural purposes". The site was graded and seeded when the fill project was completed. The Public Works Department is currently using the Oceana Borrow Pit on Oceana Boulevard; however, that pit has reached its fill capacity. Public Works explored several sites around the city for this operation. It was decided that this site, Wolfsnare Pit, would provide the best alternative, primarily due to the fact that the City of Virginia Beach owns the property. Site Desi,qn The site is approximately 67 acres, divided into two cell areas by earthen dikes around the perimeter and through the middle of the site. A twelve-foot dirt road exists on top of the earthen dikes. Cell A, on the westem side of the site, contains approximately 30 acres. Approximately 7 acres of Cell A will be filled. Cell B, on the eastern portion of the site, contains approximately 37 acres, of which approximately 33 acres are to be filled. The cells will be filled in five-acre areas, graded outward from the eastern most portion of Cell B. The site varies in elevation from 8 feet to 25 feet in height. The anticipated finished elevations of the site will vary from 25 feet to 30 feet in height. The filling operation will be approximately 300 feet from both the historic home and the residential subdivision to the east. Buffering will be established to protect the residential uses adjacent to the site. Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH / # 10 Page 6 ~Vehicular and Pedestrian Access Entrance to the site will be via an asphalt-paved road from Potters Road to the railroad tracks on the southern side of the site. A gravel road will be constructed from the north side of the railroad tracks through the site. The existing 12-foot dirt road will be retained around the perimeter of the site. Right and left turn lanes will be provided on Potters Road and along the front of the site for truck traffic entering and exiting the landfill. Trucks will be required to stop at a wash rack at the end of the gravel drive before exiting the site. · An eight-foot chain link fence will enclose the property. · An asphalt paved driveway to the southern side of the railroad tracks will be installed at the Upper Wolfsnare Plantation house. Landscape and Open Space Desiqn The end use plan / land plan has been designed to enhance and harmonize with the adjoining properties due to the unique location of this site. As stated earlier in the report the site is adjacent to the historic Upper Wolfsnare Plantation House, (circa 1759), the site is highly visible from Interstate 264, a gateway into the resort area, and is impacted by easements and the airfield operations of NAS Oceana. The proposed end use / land plan for the site is a Cultural and Recreational Multi-Purpose area, which will be passive in nature. It will provide a well-drained, stable lawn / public use area. The proposed end use plan depicts approximately 25 acres of lawn area that is graced with wildflower / meadow type plantings along the slopes and transition areas on the site. The storm water management facilities have been designed to appear as natural water bodies with wetland benches around them. A multi purpose trail surrounds the site and is enhanced with wildflower plantings and shade trees. Trees and shrubs on the site include native type species such as southern wax myrtle, eastern red cedar, southem magnolia, redbud, and Kwanzan cherry. · The Virginia Beach Habitat Enhancement Committee reforestation area, located between the historic house and Cell A, is being preserved, and Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH / # 10 Page 7 additional plantings will supplement the area. Evaluation of Request The request for a modification to a Conditional Use Permit to fill a borrow pit is acceptable subject to the conditions listed below. The applicant proposes to operate the site as an inert material disposal area. The inert fill material will be concrete and asphalt from roadway projects. The concrete and asphalt debris will be broken into pieces smaller that one cubic yard. No new or old asphalt that still contains volatiles will be spoiled at the site. Additional inert material will include soil debris from drainage ditch construction and maintenance operations, and dredged materials from city dredging sites. The site will also be used for temporary storm / hurricane debris disposal. Wood and vegetative debris from large storms and hurricanes will be mulched and reduced in volume for disposal at other sites in the city. There will be no storage of vegetative or timber debris on the site. The filling of the site will begin at the eastern most portion of Cell B on the east side of the site. The fill will be done in five-acre areas, from the eastern portion westward. The anticipated height of the finished fill will vary from 25 feet to 30 feet in height. Buffedng will be established to protect the adjacent residential land uses and to screen the use from 1-264. An end use / land plan for a cultural / recreational multi purpose area that complements the surrounding properties and uses has been submitted and is acceptable. The applicant anticipates operation of the site for approximately ten years. Other less visible sites were explored for the operation; however, this site is owned by the City of Virginia Beach and has been operated as a landfill previously. The applicant states that the hours of operation will be Monday through Friday, from 8:00 a.m. to 5:00 p.m. One employee will monitor the operation of the site. No more than twelve dump trucks will be entering and exiting the site on a daily basis. Tum lanes and asphalt drives will be installed to accommodate the truck traffic. Staff recommends approval of the request for a modification of a Conditional Use Permit to fill a borrow pit subject to the conditions listed below. Conditions The limits of fill shall substantially adhere to the submitted site plan, except as noted below, titled "DREDGED MATERIAL DISPOSAL SITE, WOLFSNARE Planning CommiSsion Agenda July 10, 2002~.. ...... CITY OF VIRGINIA BEACH / # 10 Page 8 o PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach, Virginia", dated 10/12/01, revised 1/31/02, and prepared by Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. The stormwater management ponds shall adhere to the natural design depicted on the END USE / LAND USE PLAN, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. The fill operation shall begin at the eastern most portion of "Cell B" as conditioned by the City of Virginia Beach Historical Review Board on April 18, 2002. Restoration of the site shall substantially adhere to the submitted "END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE," prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. Fencing around the site shall be "black vinyl coated" chain-link as depicted on the "END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. Wood and vegetative debds from large storms and hurricanes shall be mulched and reduced in volume for disposal at other sites in the city. There shall be no storage of vegetative or timber debris on the site. The hours of operation shall be Monday through Friday, from 8:00 a.m. to 5:00 p.m. This condition may be suspended during times of emergency, such as large storm events and hurricanes. The proposed waterline for the Upper Wolfsnare Plantation, depicted on the submitted site plan, titled "DREDGED MATERIAL DISPOSAL SITE, WOLFSNARE PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach, Virginia", dated 10/12/01, revised 1/31/02, and prepared by Landmark Design Group, shall be installed as soon as funds become available. Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH I # 10 Page 9 Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH ! # 10 Page 10 Proposed End Use Plan (Easte 'n End WI-- n,z I~1~=~ I_~1~ ~_~ - ~ I~1~? Planning Commission Agenda uu,~o, =oo= CITY OF VIRGINIA BEACH / # 10 Page 11 Plan Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH / # 10 Page 12 Item #10 City of Virginia Beach An Ordinance upon Application of the City of Virginia Beach Beach for a modification of a Conditional Use Permit North side of the Norfolk-Southern Railway Right-of-Way West of Airstation Drive District 6 Beach July 10, 2002 ' REGULAR AGENDA Robert Miller: Next item is Item #10, City of Virginia Beach. Are you going to address the street cleaning question first? Arthur Shaw: If I need to sir. Good afternoon. My name is Arthur Shaw. I'm representing the Public Works Department with the City of Virginia Beach. I have read the agenda item including the conditions, and the new conditions, and I have no objection to any of them. I'm quite prepared to give you all a brief presentation of what this project is all about. But I don't want to take your time if you're already well familiar with it. What would be the pleasure of the Commission? Ronald Ripley: I think a brief presentation would be in order, and I think there was concern in the informal about the reuse of it and how that is going to be done, if you don't mind. Arthur Shaw: No. Would be pleased to. Public Works, as you can envision, has the need for a means to dispose of unnecessary surplus concrete, old asphalt, brick, block, dirt, and soil. And we extend that same privilege to Public Utilities for their work. So those two major City departments have a need for a place to get rid of what we consider inert construction material. No woody debris. No trash. No garbage, just inert material. For the last 15-20 years, we have been using the pit on Oceana Boulevard, just opposite the big golf ball there on the Oceana property along Ocean Boulevard. But that site is being closed down. We've filled it up. We're in the process of getting ready to remove any surplus debris from there. Put topsoil down, grass, seed and close it. That site is filled in accordance with the permitted plan. We took proposals for an alternative to the Oceana inert pit. By far, Wolfsnare, the location turned out to be the best financially for the City because it was the only site that was proposed that the City already owned, and it was an old borrow pit. All the other sites that were proposed either required purchasing or leasing property. Not only is it 67 acres of City owned property but there's an opportunity to accomplish multiple outcomes here. It solves the need for Public Works and Public Utilities to have a place to store, or to landfill the inert materials, but it also takes a totally unusable, somewhat sterile large piece of City property and returns it to some usefulness. Currently, most of the area that you see there in green, most of that is fill. Well it used to be two big borrow pits used by VDOT to construct Route 44. And in 1978, VDOT deeded those borrow pits back to the City of Virginia Beach for use as a dredge material disposal area. We've used it that way for many years. All the material from canal #2 dredging and several phases of the Lynnhaven River dredging, all went Item #10 City of Virginia Beach Page 2 into that area there shown in green, and even over toward the Wolfsnare Plantation house. But it can't be used for that anymore. It will no longer accept the large volumes of hydraulic fill that come from a big hydraulic dredging project. However, the land is, you know, basically dredge material. It hasn't fully consolidated. The top 5 or 6 feet may be a hard crust but if you drive any heavy piece of equipment over it, you'll go through the crust. There's about 30 feet of soup underneath that, so it's not usable for building anything on it. And the deed granted to us by V. DOT is very specific in protecting the Navy' s interest as to what could be built on the property anyway. The elevation of the land is limited and what kind of structures could be built on it is limited. So right now you have a piece of property there that is filled up to a modest height with dredge material with berms all around it that go even higher. Can't use it for anymore hydraulic dredge material, but the only thing that it will support is coarse grass and rough vegetation. You can't build on it. Can't use it. By using it as a City inert landfill, we will be able to raise the elevation of it, bridge over the unstable material underneath. Actually the weight of the material on top will act as a surge charge and will tend to consolidate the still liquefied material underneath faster. We'll be able to bring it to a usable elevation. The piece on the left in the area where you see the word "berm", that will be raise to 25 feet of elevation. The large piece on the right where it says "Cultural and Recreation Multi Purpose Area", will be raised to 30 feet of elevation. It will basically be a flat, gently graded area for rainfall runoff that could be used for whatever purpose the City wants to use it for in the future. They can use it for passive recreation, turn it into parks and woodlands, walkways and pathways, or they could turn it into ball fields. At the point where Public Works and Public Utilities is done with it, filled it, top soiled and seeded it, you know, after grading it and all, we're going to turn it over to the City's Park and Recreation Department to turn it into some useful purpose. And at that point, the ground will be stabilized. You won't have to worry about the liquefied material underneath. And so were actually taking a large piece of City owned real estate and taking it from it's currently unusable condition to a useful state. There has always been effort on our part to work closely with the people from Wolfsnare Plantation House owned by the Princess Anne County Virginia Beach Historical Society. We've done everything possible to be good neighbors with them. Mr. Sid Vaughn's here today. He can testify to the fact we have been. We've agreed to be kind of at arms length from them to begin with until we've proven ourselves good neighbors. So we're going to start filling on the far eastside and work towards the entrance way so that Wolfsnare Plantation people can be aware of what kind of dust and noise we create. But even our filling operation, as you can see, there's a good stand off distance from the Wolfsnare House. To further cement our relations with them, were going to provide them with a permanent water supply. We're going to provide City water to them. Currently, they have wells that are not very good quality, quite honestly. So we're going to eliminate their water quality problem, provide City water supply. We'll pave their entrance road up to the railroad tracks. We were willing to go further but they wanted tO maintain the historic quality of the approach so they declined to have us pave beyond the railroad tracks. The security fence that we'll build along the western boundary in fact all around our. property, it will help solve another problem for the Wolfsnare House. It will keep joy riders and four wheel drive enthusiasts from getting onto the property and getting up to or close to Item #10 City of Virginia Beach Page 3 the Wolfsnare Plantation because the security fence will go all around our site. So, as I said earlier, we're hoping it's a win-win situation, multiple outcomes. We are working very hard with the Wolfsnare Plantation owners to be good neighbors. If we find that we're creating a dust problem, we have the ability to water down the dusty areas and keep them in track. We find we already intend to approach the Navy, and the Navy's willing to let us put in turn lanes, both eastbound and westbound turn lanes, on Potters Road, so that we won't be obstructing traffic on the road with our trucks turning in and out. And we're not talking about that much traffic, maybe 20 truckloads a day. But we'll still put in turn lanes so that traffic can get off Potters Road easily and safely. We'll put in wash down facilities and a rough pallet stone type driveway so that the trucks knock the dirt off their wheels before they come out onto Potters Road so were not tracking dirt on to the public highway. And the support areas, just to acquaint a little bit. In the lower left hand corner, you see an area called "support facilities". Those are where I think Parks and Recreation will ultimately put in parking lots, restroom facilities, whatever kind of support infrastructure they will need to support whatever they're going to do with the rest of the property, probably a small parking lot. By the way, the Navy has said they have not problem with what were doing. In fact, what we're planning to do is less than what the deed that came from the State to the City allowed us to do. Less elevation around - less inconvenience to the Navy Operations so they given us a letter saying they propose no objection to what we're planning to do. I'd like to throw it open to questions if I may. Ronald Ripley: Okay. Mr. Baum has a question. John Baum: Well, just an item that was discussed this morning in the informal session about inert materials and Condition 6 takes of that. That any wooded, any other organic materials that could decay but only will be a temporary storage location. Arthur Shaw: That's correct sir. The only time that we would be any woody material in there would be, god forbid, we have another hurricane. After Hurricane Bonnie we had to take about 200,000 tons of debris in there. We ground it up. We kept it there longer that time than we should have because we were trying to market it. We were trying to find a usable market for all that ground up mulch. Won't make that mistake again. We now know there's not that much of a market for ground up hurricane debris, so if we ever have to use this site again for hurricane debris, we'll grind it there, but we'll haul it out promptly. And that's the way our contracts are set up. Ronald Ripley: Bob Vakos has a question. Robert Vakos: Mr. Shaw. I appreciate you being here today, and speaking with Anne Henry, yesterday, who was my fifth grade teacher, so I have to make sure that everything she tells me that I remember, and I record, and I ask about. The last three conditions were things that we talked about in the informal session that the City had agreed to that were very important to the upper Wolfsnare Plantation. The one thing that I have a question about is the very last and you've addressed it, about the water line. And the last Item # 10 City of Virginia Beach Page 4 line says that the water line should be installed as soon as funds become available. What does that mean? Arthur Shaw: As soon as Council approves the project. Public Utilities is poised to go ahead and put in the water line. We've already reached a financial agreement with them, and they're ready to do it. They're just waiting for the go ahead. Robert Vakos: So if this application proceeds to Council, I would assume that part of those conditions Council would approve, or is part of the master budget they have to work through? Arthur Shaw: It's just part of the budgetary transfer between Public Works and Public Utilities. Public Utilities owes us a certain amount for use of the landfill, and we will reimburse them for their costs of installing the water line. There are certain fees that they cannot waive. Robert Vakos: Okay. And I guess just for the record, the reason for the importance of the City water line is that, you mentioned that 30 foot slurry of material that's floating underneath there. Apparently, what Mrs. Henry tells me is that has adversely affected the water quality of their wells. And they just put in a second well about a year ago, and the water quality is very, very bad as a result of a lot of the fill that's gone on here in the past. So it's very important. I would hope that with Council's action that they would proceed with getting this done as soon as possible. Arthur Shaw: And to answer that question, we haven't done any scientific or engineering studies to determine if the water quality of the Wolfsnare House has been directly effected by the spoil material that's gone into that pit. But we just said lets not do that. Let's not waste that money on that type of engineering study. Let's just go ahead and assume it may have happened. You have a bad water problem. Let's correct it. And we'll correct it as a part of just being a good neighbor. Robert Vakos: Again, and I appreciate and I'm happy with the plantation. And I do think you have a speaker too. Ronald Ripley: Gene Crabtree has a question. Eugene Crabtree: There's just water to the Wolfsnare House? How about sewage? Is there a sewage line that goes to the house now, or will there be a connection of City sewage to the house? Since I see there's a 12-inch main on Potters Road. Arthur Shaw: Mr. Crabtree, the issue of sewage hasn't been discussed. It apparently is not a problem for them. I assume they use a septic field, and it has been working fine. Eugene Crabtree: I'm sure that's what they're using now. I was just wondering though, we're going to put water in, why not sewage? Item #10 City of Virginia Beach Page 5 Arthur Shaw: Well, if they have a good sewage system and a large drain field that would take care of it, then we wouldn't probably spend the money to do that until it became a problem. Ronald Ripley: Okay. Yes. We still have a couple of more questions. Robert Miller: Yeah. We went through just about everything this morning, and Art, you covered the other thing, and one thing that I dic~ not remember to ask. This is a CVD landfill. Do we have DEQ approval? Is that an approval that you already have in hand? Arthur Shaw: Yes. Robert Miller: And when does the landscaping get done. Will that be done initially with the first phase, and not all of it can be done until the ultimate position, I understand that. But, the perimeter landscaping in particular, would that be done initially? Arthur Shaw: Well, we can approach it. Make it different ways. I'm sure I'll get lots of guidance working closely with Planning Department and Parks and Recreation. I would propose to put in the landscaping as I close out a phase and move on into the next phase. Robert Miller: I'm just really talking about the perimeter where you hopefully... Arthur Shaw: I guess the area that I'm most concerned about is the border with 1-264. I can tell your right now that if you stand in the middle of that driveway, right about where the word "berm" is and look at 1-264, you cannot see cars. In fact, you can only see about the top I/3 of the light poles. But if they're were any gaps in the vegetation there that needed some planting then we do intend to do some planting along there and if we needed to do any earlier on, we would do that. Robert Miller: Yeah. That's my concern actually, 1-264. And the last thing, were the ponds, and it just came to me a moment ago, the Navy didn't say anything about the concern for fowl and birds that would be in the ponds have any issue to them? Arthur Shaw: No. Robert Miller: It's okay, I'm not trying to bring it up. Arthur Shaw: Since you have... Robert Miller: I've heard it before. Arthur Shaw: They are aware of the ponds. They're aware that we have to have BMP's to take care of storm water. And I think they concluded that the birds would be no worse from those ponds than what they already get from the Lynnhaven River and the other bodies of water around there. Item #10 City of Virginia Beach Page 6 Robert Miller: Okay. Ronald Ripley: Don? Donald Horsley: Just one question for information purposes. The concrete and asphalt, lot of that is being recycled now. Is your quantity just too great that you can't try to do that and reuse the material, or is it an expense situation? Arthur Shaw: We recycle the great majority of our concrete and asphalt. Asphalt is worth money. Concrete is worth money. If the concrete is in large enough pieces and without too much reinforcing steel we will use it for riprap and for other construction purposes. A certain percentage of our old asphalt gets recycled by our asphalt contractor anyway. What we will do at this site is probably continue to do what we did at the Oceana pit where we'll - that kind of material that comes there, it gets segregated from the dirt and debris, stock piled and hauled out as there is enough to be recycled. About the only concrete and asphalt that actually would be buried would be material that was to contaminated, to dirty, to old, to full of steel. But we recycle as much as we can. Donald Horsley: Thank you. Ronald Ripley: Any other questions. Robert Miller: We do have Mr. Sid Vaughn. Did you need to speak to us? Sid Vaughn: I'I1 be brief. On behalf of the Historical Society, we just like publicly acknowledge... Ronald Ripley: Can you state your name to please? Sid Vaughn: Sid Vaughn. I'm President of the Virginia Beach Princess Anne County Historical Society. Ronald Ripley: Thank you. Sid Vaughn: And we would like to publicly acknowledge our support of the plan, and also take the opportunity to thank Art Shaw, Richard Elliott and Faith Christie for involving us in this process from the beginning, and we realize their limitations on what can be done with this property, and we see this as a resolution to that. Ronald Ripley: Thank you very much. Sid Vaughn: Thank you. Ronald Ripley: Any other speakers? Robert Miller: I'd like to make a motion. Item #10 City of Virginia Beach Page 7 Ronald Ripley: Robert Miller: Okay. We're ready for a motion. Bob? I'd like to make a motion of Item #10. Kay Wilson: Including Mr. Miller the eight conditions? Robert Miller: Of course. Kay Wilson: Thank you. Robert Miller: Ronald Ripley: Always including the eight conditions. So we have a motion from... Robert Miller: Why would I not include the conditions. Kay Wilson: I'm just trying to keep the record. Robert Miller: We appreciate it. Robert Vakos: Keep it rolling. Ronald Ripley: We have a motion by Bob Miller to approve the eight conditions and a second by Gene Crabtree. We're ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion carries. Are there any other items to come before the Planning Commission? If not, we're adjourned. APPLICATION P'A.. CONDITIONAL' USE.'PE pplicant's Name: ist All Current roperty Owners: DISCLOSURE STATEMENT Arthur R. Shaw P.E., Operations Engineer/Dept. of Public Works City of Virginia Beach PROPERTY OWNER DISCLOSURE the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) N/A property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list ::~embers or partners in the organization below: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. 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) City of Virginia Beach Public Works ,he applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all :tubers or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. ERTIFICATION: I certify that the information contained herein is true and accurate. Signature Print Name CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Amendment to the City Zoning Ordinance, Signs in B-3A Zoning District MEETING DATE: August 13, 2002 Background: An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B-3A Pembroke Central Business Core District. The City Zoning Ordinance was amended in 1995 establishing a new classification entitled the B-3A Pembroke Central Business Core District. The purpose of this district, as stated in the legislative intent section of the ordinance, is to "optimize development potential for a mixed-use, pedestrian-oriented, urban activity center with mid- to high-rise structures that contain numerous types of uses including business, retail, residential, cultural, educational and other public and private uses." Representatives of the City and the Central BUsiness District Association prepared the section of the ordinance that currently controls signs. Following an assessment of anticipated signage needs and based upon the best available information at the time, the provisions of the B-3A sign ordinance relating to the type of signs, their number and dimensional requirements were considered and adopted with the 1995 changes. Considerations: As the Town Center evolved, developers of the Town Center have identified a number of issues that have caused problems in marketing the property. City staff has also, through study of other similar developments across the nation, learned how sign requirements may be adjusted to improve their effectiveness without compromising the attractiveness of urban environments. This amendment offers reasonable changes to the B-3A ordinance to achieve these objectives. It establishes provisions for public parking signs and modifies certain provisions affecting dimensional requirements and Iocational criteria. Details of the proposed amendments are provided in the attached staff report. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 9-0, with one abstention, to approve this request. Attachments: Ordinance Staff Review Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. 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 3O 31 32 33 34 35 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS IN THE B-3A, PEMBROKE CENTRAL BUSINESS CORE DISTRICT SECTION AMENDED: CZO ~ 905 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 905 of the City Zoning Ordinance is hereb~ amended and reordained to read as follows: Sec. 905. Sign Regulations. (d) Within the B-3A Pembroke Central Business Core District, the =-"~---= ........................ ~ ~v~v,~ ~=~~v~o o"=~ apply signs shall be permitted as follows: (1) ......... ~' .... foot of occupancy frontage an For each ~-v~-,-y ~'=,~ ~==~ establishment shall have no more than .60 square feet of ---'- -: ....... - ~' feet of lot =~,~ :---. siqn area. and for ==~ =~-~y ~ adjoznzng a stree=, but no= ~.o=~====~ frontage, not, =~ no= more than a total of more than one ~ ~ ~ o~'.~.~. twen=y {20) square f=== o= surface area of slgnage be F==~====~, _w~',-,'v=~=,-..., however, =~= no est:~ sba'~' ~.=v=' .....more than two~='~) s:.~o ..... . No sinqle establishment shall have more than four (4) siqns, nor more than two (2) signs per buildinc facade, and no individual sign shall exceed sixty (60) square feet in surface area. Any es==~=zshmen= havzng ~= twenty ...... to forty ~=~.¢ f=== of (20) feet but less than oz =~==~ eccupancy frontage may have one (I) o~,, not =~====,,,~ twenty~=u~'~n' square f==t of surface ....... :shment having I=oo--- than twenty ~=u'~) feet frontage --'--- not exceeding sixteen {16) squar.c. may have one (I) area. No such sign shall be allowed above the second story of any building.. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 (2) (2.5) (3) (3.5) Signs for entrances to upper-floor residential dwelling units shall be permitted; provided, that no such sign shall exceed eight (8) square feet of surface area, and that the number of signs shall be limited to one (1) sign on the ~round floo~ at street level at each principal entrance to such dwelling units. Commercial buildinqs, includinq hotels and motels, of less than five (5) stories in heiqht shall have no more than two (2) buildin~ identification siqns, and nc siqD shall have a surface area exceedin~ one hundred fifty (150) square feet. Such siqns shall be mounted on or above the fourth story of the buildinq, but not above the roofline of such buildinq, and only one (1) siqn per buildinq facade shall be allowed. Additionally, two (2) buildinq identification siqns, not exceedinq twenty (20) square feet each, shall be allowed at street level if the buildinq has a street level entrance. ~mf Commercial buildings, J. nciudin~ hotels and motels, of five (5) stories to ten (10) stories oz moze in ,height shall be=~=~=== .... fo~ have no more than two (2) building identification signs, and no siqn shall have a surface area exceedin~ two hundred (200) square feet. 5%~g~t~re~r, the ~wo ~=~ o~,~o o~,=~ not exceed one ~,~=~ fift9 ~u~ o~==== feet of suzface azea, and=~= ........ ~u=~ Such signs mu~t shall be mounted on or above the fouzth stoz) top one-quarter (1/4) of the building, but not above the roofline of t4~e such building, and only one (1) siqn pe'r buildinq facade shall be allowed. Additionally, two (2) buildinq identification siqns, not exceedinq twenty (20) square feet each, may be allowed at str'eet level, if tho .buildinq has a street level entrance. Commercial buildinq, includinq hotels and motels, of moro than ten (10) stories in heiqht shall have no more than 2 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 two (2) buildinq identification siqns, and no siqn shall have a surface area exceedinq three hundred (300) square feet. Ail siqns shall be mounted on or above the top one-quarter (1/4) of the buildinq, but not above the roofline of such buildinq, and only one (1) siqn per buildinq facade shall be allowed. Additionally, two (2).. buildinq identification siqns, not exceedin~ twentv (20).. square feet each, may be allowed at street level, if the buildinq has a street level entrance. Sig =' '- ty for ~ ns adver=zszng proper exceed square f=== in area, =.== not more dian on any property. Any property having less frontage or lot line - -'-' .... : .......... ~ To faczl'= = occupancy zna new ~~-~, there no morethan one ~ exceed ='-:--=y t '~ ....... =,~ we ~J=~ square f=== of surf=~= ====. o~, o.=~ be removed -" .... seven ty ~o proper ~F~=~ or ~=~=~, Or first occurs. Beacon=~-='-'--=o or search==~-to may be p==.,,====~ for purposes of adver=ise,,,=~t of op=~=~ even=o, pr thc No frees=and ......... except -- fo ....... 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 'd. (4) (6) each .... -' .... ~===~= plaza. ~ Two ~=~ gateway -~ ~'~=~ {'~ ~== 1==~, ~,~' ~=- erected at each =~=~ where~=~==~ ouo~=~---ss u~strict Core Ar ~er~al or ~=~= streets enter ~he D 3A ~ Four {4) signs, ........... =,~,, , ty { twen ~=u~ ~u~= feet, = .......... = ...... central p~=~, may be pezm~=~=~ ~=~=~, and ~ All freestanding signs shall be approved by the city council, a~ consistent with the general purpose and intent of the design provisions presented in the July, 1991, Pe~roke Central Business District Master Plan~ be approved ~-- the city ....... =' SiQns on buildinc awnings shall not be included in determininQ the number of buildinq siqns permitted, or determininc permissible siqn area, if they meet tho followinq criteria: a. Such siqns are uniform in font, color, size and style; b. Only the name of the establishment appears on thn awninq; c. There is only one siqn per awninq; and d. Such are no larqer than two (2) square feet. Public or private parkin~ structures and parking Qaraces may have one (1) siqn per vehicle entrance and two (2) additional siqns. Such siqns shall have no more than seventy-five (75) square feet of surface area and shall identify the buildinq on which they are located as parkinq structure or parkinq Cara~e. As used in this section: 4 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 a o b o "occupancy frontaqe" means that portion of a building a single establishment exterior public access; "buildinq identification displays only the it is located. the exterior length of occupied exclusively by havinq at least one (1') and sign" means a siqn which name of the the building on which COMMENT These amendments modify the requirements for signs in the B-3A, Pembroke Central Business Core District to allow for a more urban landscape in keeping with the vision of the Town Center development. Specifically the following modifications are made: 1. For every foot of occupancy frontage, .60 feet of sign area is allowed. The number of signs allowed has increased from 2 to 4 and the square footage for each from 20 square feet to 60 square feet. Occupancy frontage is the length of the exterior portion of an establishment on the street level or second story that has access to the exterior for the general public. 2. Building Identification signs: 2 are allowed per building and are required to be above the top 1/4 of the building, and have ~he same name on each sign. To allow for building height, less than 5 stories are allowed 150 square feet for each sign, 5 to 10 stories are allowed 200 square feet for each sign, and over 10 stories are allowed 300 square feet for each sign. 3. The portions of the ordinance about temporary or "for sale" signs and beacon lights have been deleted. e Free standing signs are limited to those approved by City Council. Awning signs are not counted for sign numbers or total area if they are uniform, name the establishment, are smaller than 2 feet each and there is only 1 sign per awning. Parking structures are permitted 1 sign per vehicle entrance and 2 per building that are less than 75 square feet each that identifies the building as a parking structure/garage. 164 · 165 Adopted by the City Council of the City of Virginia Beach,. 166 Virginia, on this day of , 2002. 167 168 169 170 CA-8492 wmm/B-3Asignregordin.wpd R-7 - June 25, 2002 APPROVED AS TO CONTENTS: Planning Department APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 5 July 10, 2002 Background: The City Zoning Ordinance was amended in 1995 establishing a new classification entitled the B-3A Pembroke Central Business Core District. The purpose of this district, as stated in the legislative intent section of the ordinance, is to "optimize development potential for a mixed-use, pedestrian-oriented, urban activity center with mid- to high- rise structures that contain numerous types of uses including business, retail, residential, cultural, educational aqd other public and private uses." The section of the ordinance that controls signs was prepared by representatives of the City and the Central Business District Association. Following an assessment of anticipated signage needs and based upon the best available information at the time, the provisions of the B-3A sign ordinance relating to the type of signs, their number and dimensional requirements were considered and adopted. As the Town Center evolved, we have learned how sign requirements may be adjusted to improve their effectiveness without compromising the attractiveness of urban environments. This amendment offers reasonable changes to the B-3A ordinance to achieve these objectives. It establishes provisions for public parking signs and modifies certain provisions affecting dimensional requirements and Iocational criteria. The amendments were deferred at the June 12, 2002 Planning Commission hearing. Proposed Amendments: These amendments modify the requirements for signs in the B-3A, Pembroke Central Business Core District to allow for a more urban landscape in keeping with the vision of the Town Center development. Specifically the following modifications are made: 1. For every foot of "occupancy frontage," 0.60 square feet of sign area is allowed. The number of signs allowed has increased from 2 to 4 and the square footage for each from 20 square feet to 60 square feet. "Occupancy frontage" is the length of the exterior portion of an establishment on the street level or second Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH - B-3A SIGNS ! #8 Page 1 o story that has access to the exterior for the general public. Building Identification signs: 2 are allowed per building and are required to be above the top 1/4 of the building, and have the same name on each sign. To allow for visibility at various building heights, buildings less than 5 stories are allowed 150 square feet for each sign, 5 to 10 stories are allowed 200 square feet for each sign, and over 10 stories are allowed 300 square feet for each sign. The portions of the existing ordinance regarding temporary or '1or sale" signs and beacon lights have been deleted (the effect is that these are no longer permitted). Freestanding signs are limited to those approved by City Council. Awning signs are not counted for sign numbers or total area if they are uniform, name the establishment, are smaller than 2 feet each, there is only 1 sign per awning. Parking structures are permitted I sign per vehicle entrance and 2 per building that are less than 75 square feet each that identifies the building as a parking structure/garage. Evaluation: The proposed amendments are recommended for approval. Planning Commission Agenda July 10, 2002 CITY OF VIRGINIA BEACH - B-3A SIGNS / ~8 Page 2 Item #8 City of Virginia Beach An Ordinance to amend the City Zoning Ordinance Pertaining to sign regulations in the B-3 Pembroke Central Business Core District July 10, 2002 CONSENT Dorothy Wood: Thank you. The next item is Item #8. It's the City of Virginia Beach, an ordinance to amend the City's Zoning Ordinance pertaining to sign regulations in the B-3A Pembroke Central Business Core District. And that has six conditions. Mr. Scott? Robert Scott: This is item #8? Dorothy Wood: Yes sir. Robert Scott: Well, this is an amendment to the regulations that apply in the Pembroke Central Business District (inaudible) for the City of Virginia Beach. We're in the unusual district. It's for the development as the most intense. The buildings are the tallest. It's closest the street. The activity level is the highest. It's unusual in many ways. Accordingly, it needs an unusual set of sign restrictions or allowances if you will, to allow in some cases, the signs be posted higher on the building for visibility over greater distances. And we will have 10, 15, 20 story tall buildings in these areas. Also there's a greater need for what the design people call "way finding". How to find your way around when you're in there? Because, it's again a very special kind of district. These and several other considerations like this lead us to this set of sign restrictions that we think are different from what applies in other parts of the City because the challenge and the needs are different from other parts of the City. I think they're appropriate to this district and we have worked it out with certain groups of businessman, developers in that area who I think are satisfied with it, so were recommending approval of it. Dorothy Wood: Thank you. Is there any opposition to Item #8, the City of Virginia Beach, an ordinance to amend the City's Zoning Ordinance pertaining to sign regulations in the B-3A Pembroke Central Business Core District? Hearing none. Mr. Ripley, I would move to approve Item #8, the City of Virginia Beach with six conditions. Ronald Ripley: So we have a motion to approve these three items. Do I have a second? Seconded from Will Din. Kay Wilson: Mr. Ripley, I would just mention that Item #8 has no conditions. It's an amendment to the City's Zoning Ordinance. Ronald Ripley: I would also mention too that this item, number eight was deferred last month because we wanted to make sure that the ordinance matched up reasonably well with the sign ordinances along the Oceanfront and we had staff in this morning to go over Item #8 City of Virginia Beach Page 2 that and we're satisfied that they are very close. It seems to be equitable. And there was an item for the Commission. Item #6 was on the Consent agenda but we pulled it because we do have opposition, so that's why it's not being voted on at this time. So, we're ready for the question unless there's any discussion. Robert Miller: .I need to abstain from Item #8. My firm is working with this project. AYE 9 NAY 0 ABS 1 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABS ABSENT Ronald Ripley: By a vote of 9-1, the motion passes. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COIG SOCIAL SERVICES BOARD TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION M. UNFINISHED BUSINESS No NEW BUSINESS 1. ABSTRACT OF CWIL CASES RESOLVED - July 2002 O. ADJOURNMENT CIVIL LAWSUITS RESOLVED DURING THE MONTH OF JULY, 2002 Timothy A. Pledger v. City of Virginia Beach - civil rights City of Virginia Beach v. Winners' Tavern, Inc., t/a Winners' Sports Club, Robert H. Walker and Lisa R. Evers - collection of food tax on alcoholic beverages. Note: Disposition details available on request from the City Attorney's Office