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HomeMy WebLinkAboutSEPTEMBER 24, 2002 AGENDA"COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR ROBERT C. MANDIGO, JR., Kempsville - District 2 MARGARET L. EURE, Centerville - District l LOUIS R. dONES. Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX. Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. WILLANUEVA, At-Large ROSEMARY WILSON, At-Large JA3~ES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA JAMES K. SPORE, C~ty Manager LESLIE L. LILLEE City Attorney RUTH HODGES SMITH, MMC, City Clerk CITY HALL BUILDING I 2401 COURTHOUSE DRIFE VIRGINIA 8EACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAY (757) 426-5669 E MA1L:Ctycncl~vbgov. com September 24, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room - 2:30 PM II. Ao VIRGINIA BEACH DEVELOPMENT AUTHORITY Steve Thompson, Chief Financial Officer CITY MANAGER'S BRIEFING SUPER HORNET COMMISSION Dudley Fulton, Chairman REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend Mark A. Tyree, Pastor Key Stone Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL AND FORMAL SESSION September 10, 2002 G. AGENDA FOR FORMAL SESSION RESOLUTIONS/ORDINANCES o Resolution acknowledging the dedication of Peter Lawrence in the 2002 Rock 'N' Roll Half Marathon. Resolution to ACKNOWLEDGE the corporate name change of the United Cerebral Palsy of Southern and Central Virginia, Inc. to United Cerebral Palsy of Virginia and continue support of legislation to EXEMPT taxation for this charitable organization. Resolutions to REFER proposed amendments to the City Zoning Ordinance (CZO) to the Planning Commission for recommendation: AMEND §203 re off-street parking requirements for a use in B-3A Pembroke Central Business Core District. bo AMEND §902 to change minimum setback requirements to be between zero and 10 feet from a street in B-3A Pembroke Central Business Core District. Ordinance to AUTHORIZE an encroachment into portions of the City's right-of-way by ROGER D. and JOAN C. STANUS for construction of an 8 x 8 pier with stairs into the City's drainage easement over a canal at 900 Verano Court (Lagomar). Ordinance to' APPROPRIATE $231,750 from the Fire Programs Fund to the Fire Department's FY 2002-03 Operating Budget re purchase of fifteen Thermal Imaging Cameras. Ordinance to TRANSFER $1,446 from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re reimbursement to employee for legal fees and expenses. Ordinance to TRANSFER $195,166 from the General Fund Reserve for Contingencies to the City Treasurer's FY 2002-03 Operating Budget re additional personnel. PLANNING Application of CURTIS E. and RHONDA L. BOWEN' for the replacement of a noncon_forming, use as a horse stable, garage and storage shed damaged last year in a storm by a fallen tree at 2221 Salem Road, containing 40,000 square feet. (DISTRICT 1 - CENTERVILLE) Deferred: Recommendation: August 13, 2002 DENIAL Application of WILLIAM J. and HEIDI L. LYNCH and GERALD E. and STELLA F. MCCLELLAN for a Variance 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 at 2541 and 2537 Salem Road, containing 0.64 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL o Application of TOWN CENTER ASSOCIATES, LLC for a Conditional Use Permit re: multiple family dwellings (342 units) on the north side of Columbus Street, west of Constitution Drive, containing 2.205 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Application of CITY OF VIRGINIA BEACH for discontinuance, closure and abandonment re a portion of Old Princess Anne Road on the west side of Princess Anne Road, north of Flanagans Lane, containing 22,590 square feet. (DISTRICT 7 - PRINCESS ANNE) Recommendation: DEFERRAL Jo APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD CITY COUNCIL LIAISONS HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH TRANSITION AREA TECHNICAL ADVISORY COMMITTEE K. UNFINISHED BUSINESS Lo NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - August 2002 M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) aGENDA 09/24/02 st Vww.vbgov.com II. [II. CITY COUNCIL'S BRIEFING - Conference Room - A. VIRGINIA BEACH DEVELOPMENT AUTHORITY Steve Thompson, Chief Financial Officer CITY MANAGER'S BRIEFING A. SUPER HORNET COMMISSION Dudley Fulton, Chairman REVIEW OF AGENDA ITEMS 2:30 PM IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Council Chamber - 6:00 PM VI. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Mark A. Tyree, Pastor Key Stone 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 MINUTES 1. INFORMAL AND FORMAL SESSION September 10, 2002 G. AGENDA FOR FORMAL SESSION H. RESOLUTIONS/ORDINANCES Resolution acknowledging the dedication of Peter Lawrence in the 2002 Rock 'N' Roll Half Marathon. Resolution to ACKNOWLEDGE the corporate name change of the United Cerebral Palsy of Southern and Central Virginia, Inc. to United Cerebral Palsy of Virginia and continue support of legislation to EXEMPT taxation for this charitable organization. Resolutions to REFER proposed amendments to the City Zoning Ordinance (CZO) to the Planning Commission for recommendation: ao AMEND §203 re off-street parking requirements for a use in B-3A Pembroke Central Business Core District. bo AMEND §902 to change minimum setback requirements to be between zero and 10 feet from a street in B-3A Pembroke Central Business Core District. Ordinance to AUTHORIZE an encroachment into portions of the City's right-of-way by ROGER D. and JOAN C. STANUS for construction of an 8 x 8 pier with stairs into the City's drainage easement over a canal at 900 Verano Court (Lagomar). o Ordinance to APPROPRIATE $231,750 from the Fire Programs Fund to the Fire Department's FY 2002-03 Operating Budget re purchase of fifteen Thermal Imaging Cameras. o Ordinance to TRANSFER $1,446 from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re reimbursement to employee for legal fees and expenses. ° Ordinance to TRANSFER $195,166 from the General Fund Reserve for Contingencies to the City Treasurer's FY 2002-03 Operating Budget re additional personnel. I4rHEREAS, the Rock 'n' Roll Half Marathon in Virginia Beach, the largest first-time Half Marathon in national history, has provided tremendous national and international exposure to the City, attracting 15, ooo registrants for each of the first two years of the race; and WI4ER FAS, the Half Marathon which attracts participants from all 50 states and ~6 foreign countries, is the largest participatory sports event in the Commonwealth of Virginia; and WHEREAS, organizations, research; and through cooperative race participants have efforts with various charitable raised over Se million for cancer I4rI-IERF. AS, the Rock 'n' Roll Half Marathon in Virginia Beach is the winner of the eooe Virginia Governor's Conference on Travel and Tourism Special Award for outreach effort of the year and was listed one of the 25 best Half Marathons in the country by Runners World Marathon; and WHER F~AS, the Rock 'n 'Roll HalfMarathon in Virginia Beach has contributed to an improved Labor Day weekend festival and economy for 2ooI and 2oo2. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Virginia Beach does hereby recognize the work of Peter C. Lawrence for his hard work and dedication, working with the Virginia Beach Department of Convention and Visitor Development, to attract the Rock 'n' Roll Half Marathon and to develop sponsorships for this and similar races across the country. ADOPTED by the City Council of the City.of Virginia Beach, Virginia this day of , eooe. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager A Resolution Acknowledging the Corporate Name Change of United Cerebral Palsy of Southern & Central Virginia, Inc., and Expressing Continued Support for Legislation to Designate This Organization as Being Exempt From Local Real and Personal Property Taxation MEETING DATE: September 24, 2002 Background: Last fall, the City Council adopted a resolution supporting the designation of United Cerebral Palsy of Southern & Central Virginia, Inc., as being exempt from local property taxes. Unfortunately, the legislation necessary to effect this exemption was not introduced in the General Assembly during its 2001 session. Additionally, the organization changed its name this summer to "Cerebral Palsy of Virginia." Considerations: The City Council has already expressed its support of this organization, as required by Virginia Code § 30-19.04. The intent of this resolution is to avoid potential confusion by acknowledging that the City is aware of the corporate name change and continues to support the exemption. Public Information: This item will be publicized by advertisement of the City Council's agenda. Attachments: Resolution Recommended Action: N/A Submitting Department/Agency: City Attorney's Office City Managerx~...% ~ .~~ F :\Da't,a~tATY~O rd in\N O N C O D E\ce re b ralpalsytaxexa rf. wpd A RESOLUTION ACKNOWLEDGING THE CORPORATE NAME CHANGE OF UNITED CEREBRAL PALSY OF SOUTHERN & CENTRAL VIRGINIA, INC., AND EXPRESSING CONTINUED SUPPORT FOR LEGISLATION TO DESIGNATE THIS ORGANIZATION AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION 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 WHEREAS, in the fall of 2001, United Cerebral Palsy of Southern & Central Virginia, Inc.. ("United Cerebral Palsy"), requested the Council of the City of Virginia Beach to adopt a resolution supporting its request that the General Assembly designate the real and personal property of United Cerebral Palsy as being exempt from local real' and personal property taxation; WHEREAS, in accordance with ~ 30-19.04(B) of the Code of Virginia, the Council of the City of Virginia Beach adopted such a resolution on December 4, 2001(RES-02902); WHEREAS, the necessary legislation to exempt United Cerebral Palsy was not introduced in the General Assembly during its 2002 session; and WHEREAS, in the spring of 2002, United Cerebral Palsy changed its corporate name to "Cerebral Palsy of Virginia." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby acknowledges that United Cerebral Palsy of Southern & Central Virginia, Inc., has changed its corporate name to "Cerebral Palsy of Virginia," and expresses its continued support for legislation to designate this organization as a benevolent organization within the context of ~ 6(a) (6) of Article X of the Constitution of Virginia and exempt from local property taxation all real and personal property owned by Cerebral Palsy of Virginia that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 35 36 37 38 39 4O 41 2. That the City Council expresses its support for an effective date of July 1, 2002, for the legislation exempting Cerebral Palsy of Virginia from local property taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8597 ORDINkNONCODE\cerebralpalsytaxexres. wpd R-1 September 6, 2002 APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager A Resolution Referring to the Planning Commission Proposed Amendments to Section 203 of the City Zoning Ordinance, Pertaining to Off-street Vehicular Parking Requirements in the B-3A Pembroke Central Business Core District MEETING DATE: September 24, 2002 Background: Currently, Section 203 of the City Zoning Ordinance allows the use of public parking to satisfy the parking requirements of a proposed use only in connection with an application for a rezoning to the B-3A Pembroke Central Business Core District. The option is not available for uses already zoned B-3A. Considerations: The proposed resolution refers to the Planning Commission amendments to City Zoning Ordinance Section 203 which would allow public parking to be used to satisfy the parking requirements of a proposed use in the B-3A Pembroke Central Business Core District if the Planning Director determines that there is sufficient available public parking for such use. The proposed amendments also set forth the criteria the Planning Director must consider in making such determination. The Resolution also directs the Planning Commission to transmit its recommendation to the City Council within 30 days of tile date of adoption of the Resolution. Public Information: The amendments themselves will be advertised as a regular planning item before both the Planning Commission and City Council public hearings. Recommendations: Adoption of Resolution referring the proposed amendments to the Planning Commission. Attachments: Proposed amendments to City Zoning Ordinance Section 203. Recommended Action: Adoption Submitting Department/Agency: Planning Department '1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 203 OF THE CITY ZONING ORDINANCE, PERTAINING TO OFF-STREET VEHICULAR PARKING REQUIREMENTS IN THE B-3A PEMBROKE 'CENTRAL BUSINESS CORE DISTRICT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 203 of the City Zoning Ordinance, pertaining to off-street vehicular parking requirements in the B-3A Pembroke Central Business Core District. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendation concerning the aforesaid amendments no later than thirty (30) days after the date of adoption of this Resolution. COMMENT The Resolution re~rs to the Planning Commission proposed amendments to 203 of the CiW Zoning Ordinance. The amendments would allow, under the circumstances described in the ordinance, the use of public paring to meet paring requirements in the B-3A Pembroke Central Business Core District The Resolution also directs the Planning Commission to transmit to the Ci~ Council its recommend~n concerning the proposed amendments within 30 d~s of the d~e of adoption of the Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8621 wmm\ ordres \B3Aparkingres. wpd R-1 September 16, 2002 APPROVED AS TO CONTENT Planning ~ePai~aent APPROVED AS TO LEGAL Depar'[ment of Law 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND THE OFF-STREET VEHICULAR PARKING REQUIREMENTS FOR THE B- 3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 203 of the City Zoning Ordinance, pertaining to off-street parking requirements, is hereby amended and reordained to read as follows: Sec. 203. (±) Off-street parking requirements. ..... ~=~--=~-- ty ~oo~==zu. of any proper to B-3A Pembzo1--~= Central =~ ........... ff' ' - .......... pa k'ng f .... ........... ' .... ty ..... ~- o=~3ect of ~he=FP~zcat~on ~= ......... ~, ~=~=~ proper ~**~,, one thousand five..~..~=~ .............. ~=,500) feet of .... =~.= proposed use suchp~=~..~z.~¥~-:-- is =~==~,u~u to ~.v=. ~= F~~ iS tO be provided off-site, it s.hall meet the requirements for off site this ordinance contract --~ a ~~ =~tit~ the applicant may for the use of ~=~-~=~ p~~ spaces on such terms as may be agreed upon by the applicant and t~he public entity, subject to .... approval of .... ~ .......... I Parking requirements for uses within the B-3A Pembroke Central Business Core District may be satisfied by any one, or a combination of, the followinc: (2) .(3.) On-site parking; Off-site Darking facilities, as set forth in Section 901 of this ordinance; or Public parking, if the Planning Director determines (i) that there is a sufficient number of public 35 36 37 38 39 40 42 43 44 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 parking spaces located within the same development phase of the B-3A District as the pr. oposed use; ~ii) that such public parking spaces are not used to satisfy the parking requirements of any other use, unless the Planning Director finds that the time of day the proposed use is to be conducted does not substantially coincide with that of other uses relying upon such public parking spaces to satisfv their pa'rking requirements; and (iii} that the use of such public parking spaces to satisfy the parking requirements of the proposed use, either wholly or partially, is warranted in light of the following considerations: A. The extent to which the proposed use advances the goals and objectives of the B-3A Pembroke Central Business Core District, as stated in Section 900 of the City Zoning Ordinance; The degree to which the proposed use conforms to the Urban Design Plan component of the Virginia Beach Central Business District Master Plan; and The amount of the projected tax revenue to be generated by the proposed use and improvements. COMMENT The proposed amendment allows parking requirements for uses in the B-3A Pembroke Central Business Core District to be met by using any one or a combination of (1) on-site parking; (2) off-site parking allowed by Section 901 (a) of the City Zoning Ordinance; and (3) public parking, if the Planning Director finds that there is sufficient available public parking for the proposed use. In making that determination, the Planning Director must consider a number of factors, which are set forth in Lines 34 through 58. A significant difference between the existing section and the proposed section set forth hereinabove is that, whereas the existing section allows the use of public parking to satisfy the parking requirements of a proposed use only in connection with an application for a rezoning to B-3A, the proposed section allows public parking to be used to satisfy the parking requirements of proposed uses already zoned B-3A. 2 72 73 74 75 CA-8599 wmm\ordres kB3Apar kingordin, wpd R-2 September 18, 2002 76 77 78 79 80 APPROVED AS TO CONTENTS: De, ar t~nent APPROVED AS TO LEGAL SUFFICIENCY: - - ~ // City ~ttorney's ~ff~ce CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager A Resolution Referring to the Planning Commission Proposed Amendments to Section 902 of the City Zoning Ordinance, Pertaining to Setback Requirements in the B-3A Pembroke Central Business Core District MEETING DATE: September 24, 2002 Background: Currently, Section 902 of the City Zoning Ordinance requires a minimum setback from a street of 5 feet in the B-3A Pembroke Central Business Core District and a maximum setback of 10 feet. The Planning Director, however, is empowered to allow a reduction of the minimum setback to zero and to allow a greater setback than 10 feet under certain circumstances, which are set forth in the ordinance. Considerations: The proposed resolution refers to the Planning Commission amendments to City Zoning Ordinance Section 902 which would allow a zero setback from a street as a matter of right, rather than only with the approval of the Planning Director. The proposed amendments also delete language authorizing the Planning Director to allow setbacks greater than 10 feet. The result is that, under the proposed amendments, the required setback from a street must be between zero and 10 feet. The Resolution also requires the Planning Commission to transmit its recommendation to the City Council within 30 days of the date of adoption of the Resolution. Public Information: The amendments themselves will be advertised as a regular planning item before both the Planning Commission and City Council public hearings. Recommendations: Approval of Resolution referring proposed amendments to the Planning Commission. Attachments: Proposed amendments to Section 902 of the City Zoning Ordinance. Recommended Action: Adoption of Resolution Submitting Department/Agency: I City Manage~v~ )~__~. Planning Department 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 902 OF THE CITY ZONING ORDINANCE, PERTAINING TO SETBACK REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 902 of the City Zoning Ordinance, pertaining to setback requirements in the B-3A Pembroke Central Business Core District. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendation concerning the aforesaid amendments no later than thirty (30) days after the date of adoption of this Resolution.' COMMENT The Resolution re~rs to the Planning Commission proposed amendments to 902 of the CiW Zoning Ordinance. The amendments would allow a zero setback from a street in the B-3A Pembroke Central Business Core District as a ma~er of right, rather than, as is presently the case, with the approval of the Planning Director. The Resolution also directs the Planning Commission ~ transmR to the CiW Council its recommendation concerning the proposed amendments within 30 days of the date of adoption of the Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2002. 31 32 33 34 CA-8623 wmm\ordres\B3Asetback.wpd R-1 September 17, 2002 APPROVED AS TO CONTENT Plal~~~en~t ~ APPROVED AS TO LEGAL SUFEICIENC. Y~ /t / Department of Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AMEND AND REORDAIN SECTION 902 OF THE CITY ZONING ORDINANCE, PERTAINING TO SETBACK REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS. CORE DISTRICT SECTION AMENDED: City Zoning Ordinance ~ 902 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 902 of the City Zoning Ordinance, pertaining to setback requirements in the B-3A Pembroke Central Business Core District, is hereby amended and reordained to read as follows: Sec. 902. D/~nensional requirennents [Business Districts]. (b) The following chart lists the requirements within the B-3A Pembroke Central Business Core District for minimum lot area, width, and yard spacing for all uses and structures (!) (2) (3) (,~) (5) (6) Minimum lot area in square feet: Minimum lot width in feet:* Minimum setback from a street in feet,----~ a reduced~~ ......... ~s ~vw=~ pursuant to subsectio~ ~ Maximum setback from a street in feet,---~ Minimum side yard setback in feet, unless otherwise identified herein or a greater setback is required by section 903 Minimum rear yard setback in feet, unless a greater setback is required by section 903 B-3A 10,000 100 10 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain owner lots. Except as otherwise provided herein, setbacks affecting only the first floor of multistory buildings may be increased by no more than twenty (20) feet in order to allow the creation of covered 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 69 7O passageways within the B-3A District. In addition, building setbacks adjacent to roadway intersections may be increased to provide safe and reasonable line-of-sight clearances. Planning Director may allow a greater or lesser setback from any '~' The proposed development for wliic.h the reduced setback is sought is of a type and quality consistent with thc ........ =- --= ........................... Comprehensive (2) ~=- proposed ...... opment ................. any entire development- (3) ~"-~ ......... ' ~=~.~ s=~=~o do not compromise the=.~=~u=u .......... goal of achieving a o=f=, attractive, pedestrian-oriented (4) The proposed development incorporates oti~er recognized urban ~--~ ~=o~,, standards and principl=o that intent~ ...... =~= D-~'~ Pembroke~=~ral Business Core If ..................... ' ............... ~ reduction --: cause ~..=~= intezfere with the use of ............ right-of way~z .... pedestrians, if an increased setback is sought, ~= ~. character wf the .................. = - -- compromised increased setbacks pursuant ...............................~ - - PI ' g ' to subsection. ~ ou~=~ u~ ou~i~=u ~ll= aF~F. in Director --~ plan of ................ and street$cape plan showing =he z=====u..o..=F u= =~= existing and proposed ........ : ..... pedestrian improvements, o-~=~=~o, ........... parking lots, si=o'= landscaping 71 72 73 74 75 76 77 78 79 8O Planning w~het~her the application meets the criteria event the~.~****~**~ .... Director denies an ~Fp~~u** increased setbacks pursuant to subsection ~=j, the appeal such City 81 COMMENT 82 83 84 The amendments allow a zero setback from a street for structures in the B-3A Pembroke Central Business Core District as a matter of right, rather than with the approval of the Planning Director under the circumstances set forth in the current ordinance. 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8625 wmm\ordres\B-3Asetbackordin.wpd September 18, 2002 R-1 APPROVED AS TO CONTENT: Planning -'6epartment APPROVED AS TO LEGAL City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request for Roger D. Stanus and Joan C. Stanus at 900 Verano Court MEETING DATE: September 24, 2002 Background: Roger and Joan Stanus of 900 Verano Ct. have requested permission to encroach into the City's 100' drainage easement over a canal located behind their property in Lagomar. The purpose of the encroachment is to construct and maintain an 8' x 8' pier with stairs from the top of the bank down to the pier. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. There are other similar encroachments in this canal. Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. Attachments: Ordinance Location Map Agreement with plat attached Photos Recommended Action: Approve request and authorize City Manager to sign agreement. Submitting Department/Agency: Public Works/Real Estate ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S ONE HUNDRED FOOT (100') DRAINAGE EASEMENT BY ROGER D. STANUS AND JOAN C. STANUS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ROGER D. STANUS and JOAN C. STANUS desire to construct and maintain a pier and stairs within the City's 100' drainage easement over a canal behind their property located at 900 Verano Court in Lagomar. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments within the City's existing easements subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, ROGER D. STANUS and JOAN C. STANUS, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a pier and stairs in the City's 100' drainage easement as shown on that certain plat entitled: "PROPOSED PIER IN A CANAL OF LAGOMAR VIRGINIA BEACH, VA. APPLICANT: ROGER STANUS", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and ROGER D. STANUS and JOAN C. STANUS' (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. 37 38 39 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as ROGER D. STANUS and JOAN C. STANUS and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 42 43 44 45 CA#- TKENN\ENCROACH\STANUS.ORD R-1 PREPARED: 8/20/02 APPR(~_ED AS TO CONTENTS '~ SIGNATURE ~ DEPARTMENT APPROVED AS TO LEGAl SUFFICIENCY AND FO~IVI~ C~TY ATTORNEY SCALE: 1" -- 1,600' // J J LOCATION MAP FOR ENCROACHMENT FOR ROGER D. AND JOAN C. STANUS 900 VERANO COURT SCALE: 1" -- 100' PREPARED BY P/W ENG. DRAFT. Gl--AUG-2002 900 VERANO CT LOOKING NW ~ SITE FOR PROPOSED PIER & STAIRS 900 V. ERANO CT LOOKING ACROSS CANAL AT SIMILAR PIER 900 VERANO CT LOOKING SE SHOWING LOCATION OF STAIRS (~ STAKE) -t'~-~'?V-'~'~'~W~'*'~"~.',~; '-~ .... :' '. -' -" ' ' · ;'1: ~ 900 VE~NO CT SHOW~G LOCATION OF PROPOSED PIER & STAIRS PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 {c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 200~., by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and ROGER D. ST~NUS and JOAN C. ST~US~ his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one) . WITNE S SETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 251, Section 6, Phase 3, Part C, Subdivision of Lagomar (M.B. 242, PG. 60), and being further designated and described as 900 Verano Court, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a pier and stairs, a "Temporary Encroachment" in the city of Virginia Beach; and W}{EREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' drainage easement (M.B. 77, PG. 14) located over a canal in Lagomar, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 2414-92-8878 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER IN A CANAL OF LAGOMARVIRGINIA BEACH, VA. APPLICANT: ROGER STANUS", Date: 4/23/02, a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the city to the Grantee, and that within thirty (30) days after such notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any~encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Waterfront Operations Division of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront Operations Division of the Planning Department before commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty'in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ROGER D. STANUS and JOAN C. STANUS, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the city Manager City Clerk Joa~ . Stanus (SEAL) (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: this The foregoing instrument was acknowledged before me ,, day of 0aa~% , ~.0 o~ , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I~. day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My CommissiOn Expires: Notary Public CITY/COUNTy ~F ~.~k_~N%.~ ~11~ , to--wit: The foregoing instrument was acknowledged before me this \%%- day of ~~ , 20 0 ~- by ROGER D. STANUS and JOAN C. STANUS, his wife. Notary Public ~--,~-, :? .! , .- ~,..,, . CITY ATTORNEY AS ?O CON m '"T& L,/ .SiONATUIIE DEFAI~TMEN? CITY oIr VIRGINEA B~AC# ~JtAIIIAGE [ASEHf.#T ).(X)' VID( AJ~Pt. lEO IrQdL rd-lEAL. ESTATE : / ~' % ~ ¥1CI#1T¥ PL~° 2-STORY ~ICK ..... ~ APPclC~T: ~SED PiER PURPOSE: HOO~INGS ROGER D, IT.S DATUH: HLW = -O.qO' ~ VERSO C~T Il A CAN~ ~ LA~a VIRGINIA IE~H, VA.23qS6 VIRGINIA AGENT: KEN T~SH APRICOT: 37~ KSUN HiVE R~ER ST~S CHESAPE~E,VA. Z332Z SHEET I ~ 2 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Fire Programs Aid to Localities Funds to Purchase 15 Thermal Imaging Camera Systems MEETING DATE: September 24, 2002 Background: The Commonwealth of Virginia, through the Aid to Localities from the Fire Programs Fund, distributes funds to assist the Fire Department in the areas of training, equipment and supplies, and training facility construction. The Virginia Beach Fire Department has prioritized needs and is requesting authorization to allocate Fire Programs funds for the purchase of 15 thermal imaging camera systems (TICS). Thermal Imaging uses infra- red technology that greatly enhances the visibility of fire fighters by allowing them to more readily locate persons unable to exit a fire structure and improving their chances for survival. The technology also greatly enhances fire suppression by easily identifying the "seat" or base of a fire, reducing the time firefighters spend in the hazardous environment and reducing the overall fire damage to the structure. The department's goal is to equip 'each Ladder Company, Battalion Chief, the Hazardous Materials unit and the Technical Rescue unit with this technology. Ladder companies and Battalion Chiefs respond to all structural fires. The two speciality units can respond not only to structural fire calls, but also to unique situations where they can also utilize this technology for life safety. Extensive research and evaluation has been conducted by the department to ensure the most appropriate unit is chosen for our community. This purchase will allow the department to complete the distribution of thermal imaging camera systems to the remaining apparatus not yet equipped with this technology. Considerations: Funds have been accumulated in the Fund Balance of the Fire Programs Fund to facilitate this expenditure. A total of $231,750 is requested to purchase the TICS and all necessary accessories (15 @ $15,450 each). Public Information: Public Information will be handled through the normal Council agenda process. In addition, due to public interest in the thermal imagers the department plans to provide enhanced media coverage to their purchase. Alternatives: There are no other non-general funds available for this purchase. Recommendations: Appropriate $231,750 for the purchase of 15 Thermal Imaging Camera Systems. Attachments: Ordinance Recommended Action: Approve ordinance Submitting Dej;;~.rt,l:[rt e nt/Ag ~ n cy~..._F_j.re_D e p art m ent City Manager: ~ ~.._1~ ~ F:\Data~JA'~Y~Ordin\NONCODL~hermal Imaging Camera,arf.w pd 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO APPROPRIATE $231,750 FROM THE FUND BALANCE OF THE FIRE PROGPJ~MS FUND TO THE FIRE DEPARTMENT'S FY 2002-03 OPERATING BUDGET TO PROVIDE FOR THE PURCHASE OF FIFTEEN THERMAL IMAGING CAMERAS WHEREAS, the City of Virginia Beach Fire Department has requested that $231,750 be appropriated from the Fund Balance of the Fire Programs Fund for the purchase of fifteen thermal imaging cameras to provide for enhanced safety in fire fighting operations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $231,750 is hereby appropriated from the Fund Balance of the Fire Programs Fund in the FY 2002-03 Operating Budget to the Fire Department's FY 2002-03 'Operating Budget to provide for the purchase of fifteen thermal imaging cameras, with revenue increased accordingly. Adopted the__day of the City of Virginia Beach, Virginia. , 2002, by the Council of CA-8603 ordin/noncode/Thermal Imaging Cameras.ord.wpd September 5, 2002 R2 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: The Honorable Mayor and Members of Council James K. Spore, City Manager ITEM: An Ordinance to Transfer $1,446 from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services for the Purpose of Reimbursing a City Employee for Legal Fees and Expenses MEETING DATE: September 24, 2002 Background: In the performance of her duties, an employee of the Department of Mental Health, Mental Retardation and Substance Abuse Services was charged by a citizen with disturbing the peace and trespassing. The charges were dismissed by the Virginia Beach Juvenile and Domestic Relations Court on July 11,2002. In herdefense of these charges, she incurred legal fees and expenses of $1,446. Considerations: Section 15.2-1521 of the Code of Virginia provides that "[Jif any officer or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, or the charge is subsequently dismissed, or upon trial he is found not guilty, the governing body of the locality may reimburse the officer or employee for reasonable legal fees and expenses incurred by him in defense of the investigation or charge, the reimbursement to be paid from the treasury of the locality." The legal fees and expenses incurred by the employee have been reviewed by the City Attorney's Office and determined to be reasonable. Recommendations: Approval Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney's Office City Manager: ~/___., .\Data~TYXOrdin\N ON COD E\CA8601 .afl .wpd 1 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER $1,446 FROM THE FY 2002 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2002 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES FOR THE PURPOSE OF REIMBURSING A CITY EMPLOYEE FOR LEGAL FEES AND EXPENSES 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, an employee of the Department of Mental Health, Mental Retardation and Substance Abuse Services was charged with disturbing the peace and trespassing in an incident that arose out of the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach Juvenile and Domestic Relations Court on July 11, 2002, the charges were dismissed; WHEREAS, in her defense of these charges, the employee incurred legal fees and expenses in the amount of $1,446 and has requested the City to reimburse her for such fees and expenses; WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "[i]f any officer or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, or the charge is subsequently dismissed, or upon trial he is found not guilty, the governing body of the locality may reimburse the officer or employee for reasonable legal fees and expenses incurred by him in defense of the investigation or charge, the reimbursement to be paid from the treasury of the locality;" and WHEREAS, the City Attorney's office has reviewed the circumstances of this case, assessed the itemized bill submitted by the employee's legal counsel, and determined that the legal fees and expenses incurred by the employee are reasonable. 32 33 34 35 36 37 38 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $1,446 are hereby transferred from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 operating budget of the Department of Mental Health, Mental Retardation and Substance Abuses Services for the purpose of reimbursing a City employee for legal fees and expenses incurred by her in her defense of criminal charges brought against her arising out of the performance of her official duties. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8601 DATA/ORDIN/NONCODE/employreimburse.ord R4 September 19, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attor~'s Office CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager ADDITION OF SIX FULL-TIME-EQUIVALENT POSITIONS TO CITY TREASURER'S OFFICE MEETING DATE: September 24, 2002 Background: In order to ensure that the City can get through this fiscal year with its current processes (delinquent personal property tax collections and decal sales) intact, six (6) additional full-time-equivalent positions are needed for the Treasurer's office. The City Treasurer currently has 78.07 FTE. The last time the City has increased his staff was FY 99-00. At the highest point in the last 10 years, the Treasurer's staff was equal to 87.03 FTE, which reflected the reinstatement of FTEs associated with the planned HRSD consolidated billing effort and the transfer of one position from Finance. Currently the Treasurer is the only director without an Executive Assistant. Considerations: The Treasurer has several goals with regards to the request for additional personnel. First, the Treasurer's Office strongly desires to preserve and conduct delinquent collection processes with adequate staff, which will continue to optimize personal property revenues. The office is also concerned about having ample time during FY 02-03 to adequately plan for the new vehicle registration collection process with the DMV (to be implemented in FY 03-04). Lastly, the Treasurer wants to continue to make progress on improving his office's technology infrastructure and supporting its day to day operations. During the Council workshop on April 16, the City Treasurer indicated he had a need for additional staff due to the impact of implementing the new cashiering system, integration of existing tax collection software into this new system, and most importantly the conversion from the decal to the While this agency is supported by State Revenue and may be subject to reductions as the State deals with its budget deficit, these positions are needed to address City programs within the office. It is important, especially in light of potential revenue reductions, to ensure that the City maximizes its ability to collect locally generated revenue. These positions will protect that interest. Public Information: Advertisement will be handled through the normal agenda process. Alternatives: 1. Approve the new full-time positions (6 FTE) 2. Approve part-time FTE 3. Review need within the FY 03-04 Budget process. Recommendations: Approve the full-time positions for the Treasurer contingent upon an evaluation as a part of the upcoming resource management process. This evaluation would determine if the workload had stabilized to the extent that those new positions could be relinquished. Attachments: Ordinance Recommended Action: Approve the full-time pos~6 FTE_~.._._ CitySUbmittingManager:De tment/Agency: City Treasurer. - ¢/.. 1 2 3 4 5 6 7 8 AN ORDINANCE TO TRANSFER $195,166 FROM THE GENEP~AL FUND RESERVE FOR CONTINGENCIES TO THE CITY TREASURER'S OPERATING BUDGET TO PROVIDE ADDITIONAL PERSONNEL WHEREAS, on April 16, 2002 during the Council 9 Workshop, the City Treasurer indicated a need for additional 10 staff due to the impact of implementing a new cashiering 11 system and rewriting existing computer systems to interface 12 with the new cashiering system. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 1. That $195,166 is hereby transferred from the 16 General Fund Reserve for Contingencies to the FY 2002-03 17 18 19 20 21 22 23 Beach, Virginia, on the Operating Budget of the City Treasurer to provide for the salaries, benefits and support costs of five (5) Clerk Cashiers and one (1) Executive Assistant. 2. That the number of full-time equivalent positions in the City Treasurer's Office is hereby increased by six (6). Adopted by the Council of the City of Virginia day of , 2002. CA-8619 ordin/noncode/Treasurers Office.ord.wpd Septeraber 13, 2002 R2 APPROVED AS TO CONTENT: ~anagem~n~ ~ervic~s ~ APPROVED AS TO LEGAL SUFFICIENCY: ~/Ciky Atto~-~'s Office---'- PLANNING Application of CURTIS E. and RHONDA L. BOWEN for the replacement of a nonconforming use as a horse stable, garage and storage shed damaged last year in a storm by a fallen tree at 2221 Salem Road, containing 40,000 square feet. (DISTRICT 1 - CENTERVILLE) Deferred: Recommendation: August 13, 2002 DENIAL Application of WILLIAM J. and HEIDI L. LYNCH and GERALD E. and STELLA F. MCCLELLAN for a Variance 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 at 2541 and 2537 Salem Road, containing 0.64 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Application of TOWN CENTER ASSOCIATES, LLC for a Conditional Use Permit re: multiple family dwellings (342 units) on the north side of Columbus Street, west of Constitution Drive, containing 2.205 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Application of CITY OF VIRGINIA BEACH for discontinuance, closure and abandonment re a portion of Old Princess Anne Road on the west side of Princess Anne Road, north of Flanagans Lane, containing 22,590 square feet. (DISTRICT 7 - PRINCESS ANNE) Recommendation: DEFERRAL August 13, 2002 abstaining by Councilman Jones. M~YOR OBERNDORF: Thank you. 3 August 13, 2002. AGENDA REVIEW VICE MAYOR MANDIGO: Moving onto the Planning Agenda under K we have the first item, the Application of Curtis and Rhonda Bowen for a replacement of a non-forming use. COUNCIL LADY EURE: VICE MAYOR SESSOMS: That's an indefinite deferral. Indefinite? COUNCIL LADY EURE: Uh-huh. FORMAL SESSION VICE MAYOR MANDIGO: Items under Planning K, Item Number 1, the Application of Curtis and Rhonda Bowen for a replacement of a non-conforming use on 2221 Salem Road, indefinite deferral. MAYOR OBERNDORF: Okay. There is a motion. second? Is there a COUNCILMAN REEVE: Second. MAYOR OBERNDORF: There is a motion to adopt the Consent Agenda by Vice Mayor Mandigo, seconded by Mr. Reeve. Are we ready for question? DEPUTY CITY CLERK: Thank you, Your Honor. MAYOR OBERNDORF: You are very welcome' DEPUTY CITY CLERK: By a vote of 10 to 0, you have deferred until August the 22nd, Item Number 2 of the Consent Agenda, 3, 4, 5 and 6 adopted. In Planning Number 1 you have deferred indefinitely and Number 5 you have deferred for 60 days, Harbour Development Corporation. Number 7(a) you have adopted and 7(b) you have deferred until September the 10th, 2 Item V-K. 1. - 29 - PLANNING ITEM # 50017 Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council DEFERRED INDEFINITELY application of CURTIS E. and RtIONDA L. BOff/EN for the replacement of a nonc'onforming use (existing barry, damaged by a falling tree): Application of Curtis E. & Rhonda L. Bowen for the replacement of a nonconforming use (existing barn, damaged by a falling tree) at the northwest intersection of Salem Road and Meadow Drive. Parcel is located at 2221 Salem Road and contains 40,000 square feet (GP1N #1474-96-6222). DISTRICT 1 - CENTERVILLE. Voting: 10-0 (By ConsenO 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 IV. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson August 13, 2002 ,4 GEND,4 RE VIE W SESSION ITEM # 49991 K. 1. Application of CURTIS E. andRHONDA L. BOWEN for the replacement ora nonconforming use at 2221 Salem Road, containing 40, 000 square feet. (DISt..CT 1- CENTER VILLE) Council Lady Eure advised INDEFINITE DEFERRAZ has been requested for this item. ITEM # 49992 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- L YNNHA VEN) This item will be discussed during the Formal Session ITEM # 49993 Application of VERONICA LITTLE BE,4SLEY 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) Council Lady McClanan wished to confer with Mrs. Beasley relative additional conditions. Council Lady McClanan will request the following conditions be REVISED: The Conditional Use Permit shall be for a period of eighteen (18) months initially and if there are no complaints the application will be administratively extended. The home Daycare shall be limited to a total of ~O eight (8) children other than children living in the home. There shall be no more than frye four (4) children under the age of 2 ~ in the home at one time. A fence shall be installed in the rear yard to create an enclosed play area. The fence must be sufficient to protect the children and built according to City standards. ITEM # 49994 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. fi. b. Conditional Use Permit re Ope~ 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. Councilman Reeve advised the applicant requested a sixty day (60) DEFERRAL. Councilman Reeve will make a statement during the Formal Session re Harbour Development Corporation, L.L. C. August 13, 2002 Virginia Beach City Council August 13, 2002 6:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Vice Mayor Robert C. Mandigo, Jr. 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 Kempsville - District 2 Centerville - District 1 Bayside - District 4 Rose Hall- District 3 Beach - District 6 Princess Anne - District 7 At-Large At-Large At-Large Lynnhaven - District 5 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 Curtis and Rhonda Bowen 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: September 24, 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. This item was deferred by the City Council on August 13, 2002 to allow the staff and the applicant time to work on several outstanding issues. Considerations: The applicant has an existing building that was damaged in August 2001 when a tree fell on its roof. The building is currently used as a horse stable and a garage/storage shed. The applicant requests to raze the existing structure and to construct a taller barn with a slightly smaller footprint. However, the property is zoned R-15 Residential District, which does not allow barns or other structures built for the purpose of boarding horses. The applicant has provided legal affidavits certifying that homes have been present on the subject property since before 1954, the original date of Princess Anne County's Zoning Ordinance. These establish that the building is legally nonconforming as a barn. The applicant proposes to raze the existing structure and replace it in the same location with a 24 by 55 foot structure (1,320 square feet). Recommendations: This request to reconstruct the existing barn is not acceptable. Although the new building would be more attractive, reconstructing the barn would perpetuate a use that is no longer Attachments: Staff Review Resolution Disclosu re Statement Location Map Recommended Action: Staff recommends denial. ~ Submitting Department/Agen. cy: Pla_.nning Department .~1~ City Manage~~ ~___,. '~ ~-¢'~.. ,'-'"'r- .~ v Bowen - Non-Conforming Use Page 2 appropriate at this location. The applicant has the right to repair the damaged portion of the roof and restore it to its previous condition under section 105(0 of the City Zoning Ordinance. This section allows nonconforming structures to be reconstructed or restored to their prior condition if involuntarily damaged or destroyed. However, it is staff's opinion that reconstructing the entire structure will perpetuate this nonconforming use for several more decades. Therefore, staff does not recommend approval of this request. 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF A NONCONFORMING LIVESTOCK BARN ON PROPERTY LOCATED AT 2221 SALEM ROAD, IN THE CENTERVILLE DISTRICT WHEREAS, Curtis E. "Applicants") have made and Rhonda L. Bowen, (hereinafter the application to the City Council for authorization to reconstruct and relocate a nonconforming livestock barn situated on a certain lot or parcel of land having the address of 2221 Salem Road, in the R-15 Residential Zoning District; WHEREAS, the said livestock barn is a nonconforming structure, in that the dwelling does not meet setback requirements and livestock barns are not allowed as accessory structures in the R- 15 Residential Zoning District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the reconstruction or relocation 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 reconstructed and relocated, 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 structure, as reconstructed hereby finds that the proposed and relocated, 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 reconstruction and relocation of the Applicants' livestock barn is hereby authorized, upon the following conditions: 1. The square feet. footprint of the new barn shall not exceed 1,320 The structure shall be located at least 4.5 feet from %he western property line and 20 feet from the southern property line. 34 35 36 37 38 39 40 41 42 the existing principal structure. 3. The building shall be constructed as depicted on the elevations submitted with the application and on file with the Planning Department. The elevations may be modified to adhere to City requirements if necessary. 4. The exterior siding on all sides of the building and the roof shall be standing seam metal. Colors shall be white with dark green trim and a dark green roof. The height of the new barn shall not exceed the height of 43 44 45 46 47 48 49 50 51 52 53 54 55 Adopted by the Council of the City of Virginia Beach on the day of , 2002. CA-8618 bkw/work/nonconbowen, wpd R-2 September 13, 2002 APPROVED AS TO CONTENT: Planning APPROVED AS TO LEGAL SUFFICIENCY: 2 CURTIS E. & RHONDA L. BOWEN September 24, 2002 General Information: REQUEST: ADDRESS: Replacement of a Non-Conforming Use 2221 Salem Road (southwest corner of Salem Road and Meadow Ridge Lane) Map ,~-,, Curtis & Rhonda Bowen R-15 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: Gpir~ 1474-96-6222 14749662220000 1 - CENTERVILLE 40,000 square feet Ashby Moss The applicant has an existing building that was damaged in August 2001 when a tree fell on its roof. The building is currently used as a horse stable and a garage/storage shed. The applicant requests to raze the existing structure and to construct a taller barn with a slightly smaller footprint. However, the property is zoned R-15 Residential District, which does not allow barns or other structures built for the purpose of boarding horses. The applicant has provided legal affidavits certifying that homes have been present on the subject property since before 1954, the original date of Princess Anne County's Zoning Ordinance. These establish that the building is legally nonconforming as a barn. Non-Conforming Use (~~x~.;~) CURTIS E. & RHONDA L. BOWEN ~,~ July 9, 2002 Page I Major Issues: · Proximity of barn to other single-family residential properties. · Perpetuation of nonconforming use due to new structure. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq A single family dwelling, swimming pool, and detached barn currently occupy the property. The site is zoned R-15 Residential District. Surroundinq Land Use and Zoninq North: South: East: West: · Across Salem Road, entrance to New Castle subdivision / R-15 Residential District · Immediately south, rear yards of single family homes in Bellwood Estates subdivision / R-15 Residential District with Open Space Promotion · Farther south on Meadow Ridge Lane, single family dwellings on one acre lots / AG-1 and 2 Agricultural Districts · Single family dwellings fronting Salem Road and accessory structures / R-15 Residential District · Vacant lot fronting Meadow Ridge Lane / R-15 Residential District · Rear yards of single family homes in Bellwood Estates subdivision / R-15 Residential District with Open Space Promotion Zoninq History The Bellwood Estates single-family residential subdivision immediately west of the subject property was approved for open space promotion in 1984. A riding academy with horse boarding was approved on property on the east side of Meadow Ridge Lane in 1980. This facility is no longer present. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS ©ceana and NALF Fentress. Natural Resource and Physical Characteristics The property contains several mature trees providing an extensive tree canopy. Non-Conforming Use CURTIS E. & RHONDA L. BOWEN July 9, 2002 Page 2 Public Facilities and Services Water and Sewer The dwelling on this property is already connected to City water and sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Salem Road in the vicinity of this application is currently a two-lane undivided rural highway. The MTP designates this section of Salem Road as a 100-foot right-of-way with divided travel lanes, a bikeway, and a scenic buffer. No improvements are scheduled for this section of Salem Road in the currently adopted CIP. Traffic Calculations: No change in traffic generation will result from this request. Public Safety Police: Fire and Rescue: No comments. No concerns. Farm structures are exempt from routine fire inspections. 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 · The applicant applied for a variance from the Board of Zoning Appeals to reconstruct the building in November 2001. The application was withdrawn when it was determined that because the building was used to house a horse, it was not a permitted use, and a change of nonconforming use would be required. The applicant has provided affidavits certifying that horses have been present on the subject property since before 1954, the original date of Princess Anne County's Zoning Ordinance. These establish that the building is legally nonconforming as a barn. The previous property owners constructed the existing building in the early 1970's. This building replaced a similar structure, which was also used to house horses in approximately the same location. Existing Conditions · The subject lot is 100 feet wide by 400 feet deep, which'equates to a total lot area of 40,000 square feet. The lot was subdivided from the property that is now Bellwood Estates in 1953. The existing one-stow structure is rectangular in shape and is 25.3 feet wide and 55.5 feet long (approximately 1,400 square feet in area). The approximate height is ten feet at the front. The building is located at the rear of the property in the northwest corner. According to the survey submitted with the application, the Non-Conforming Use CURTIS E. & RHONDA L. BOWEN July 9, 2002 Page 3 building is 3.2 feet from the closest property line (west). The building's sides and roof are constructed of corrugated metal. A partially paved area exists in front of the barn and is enclosed with a split rail fence. The fence appears to follow the rear and side property lines to the midpoint of the barn where the fence turns, connecting to the barn and enclosing the rear sixth of the property. This is the area open to the horse. A metal gate provides vehicular access to this area from Meadow Ridge Lane. Summary of Proposal · The applicant proposes to raze the existing structure and replace it in the same location with a 24 by 55 foot structure (1,320 square feet). The proposed structure is a standing seam white metal building with a dark green roof and dark green trim. The east elevation, which faces Meadow Ridge Drive, depicts a two-car garage door, an equipment door, a Dutch stable door, and a window. The west elevation, which faces the adjacent residential neighborhood, shows only two windows. The south elevation, which also faces the adjacent residential neighborhood, shows a window and a Dutch stable door; and the north elevation facing the applicant's house, shows a window and a regular walk-in door. A 2.5-foot cupola is shown on the roof to provide added architectural detail. Section 502 of the Zoning Ordinance lists the requirements for accessory structures in the residential districts. The table below shows the required, existing, and proposed figures. Required by Existing Proposed City Zoning Conditions by Ordinance of Structure Applicant Min. Front Yard (in feet) 30 285 No change Min. Side Yard - East (in feet) 30 58 No change Min. Side Yard'- West (in feet) 10 *3.2 **4.5 Min. Rear Yard (in feet) 10 20 No change Max. Height (in feet) - Height of 10 20.5 accessory cannot exceed principal height of principal structure (21) Footprint ('in square feet) N/A 1,404 1,320 *existing nonconforming setback **proposed nonconforming setback - If approved by City Council, a variance from the Board of Zoning Appeals is not required due to the nonconformity. Evaluation of Request This request to reconstruct the existing barn is not acceptable. Although the new building would be more attractive, reconstructing the barn would perpetuate a use that is no longer appropriate at this location. While the property has always been zoned for single-family residential land use as opposed to agricultural land use, this area of Salem Road was essentially an agricultural area until the late 1980's when the Bellwood Estates neighborhood was developed north of the subject property. Once this subdivision was constructed, housing a horse so close to other residential properties became inappropriate. The City Zoning Ordinance does not permit home stables in any residential districts other than the R-40 Residential District because they are not appropriate on such small lots. Even in the R-40 Residential District where home stables are permitted as a conditional use, Non-Conforming Use CURTIS E. & RHONDA L. BOWEN July 9, 2002 Page 4 they are required to be more than 300 feet from any property line. Due to the narrow configuration of the lot, there is no way to relocate the barn so that it would be 300 feet from a property line. The existing barn is just 3.2 feet from the shared property line with Bellwood Estates, and the proposed new barn would be only 4.5 feet from these 12,000 to 14,000 square foot residential properties. The applicant has the right to repair the damaged portion of the roof and restore it to its previous condition under section 105(f) of the City Zoning Ordinance. This section allows nonconforming structures to be reconstructed or restored to their prior condition if involuntarily damaged or destroyed. However, it is staff's opinion that reconstructing the entire structure will perpetuate this nonconforming use for several more decades. Therefore, staff does not recommend approval of this request. If, however, City Council grants approval of this request, the following conditions are recommended: Conditions The footprint of the new barn shall not exceed 1,320 square feet. The structure shall be located at least 4.5 feet from the western property line and 20 feet from the southern property line. The height of the new barn shall not exceed the height of the existing principal structure. The building shall be constructed as depicted on the elevations submitted with the application and on file with the Planning Department. The elevations may be modified to adhere to City requirements if necessary. The exterior siding on all sides of the building and the roof shall be standing seam metal. Colors shall be white with dark green trim and a dark green roof. NOTE: Further 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 meet all applicable Cit~/ Codes. Non-Conforming Use CURTIS E. & RHONDA L. BOWEN July 9, 2002 Page 5 O??t.IE'~ BUILDINGS ON ?NE PR'OPE'~TY EXCEPT AS 59NO,W~. PH'~S I GAL SURVEY OF ~r_RTY K~O/~ AS #2221 SAL~ ~[iN) (D.8.1371, PG. 239) VIRGINIA B[ACH, VIRGINIA FOR RHONDA L. OBERST & CURTIS E. BOWEN Non-Conforming Us~ ~ CURTIS E. & RHONDA L. BOWEE July 9, 2002 Page 6 O_ Non-Conforming Use CURTIS E. & RHONDA L. BOWEN July 9, 2002 Page 7 12 .5OL.,11'1d. BBB VATI ON 12 NOR~ BbBVATION Non-Conforming Use CURTIS E. & RHONDA L. BOWEN July 9, 2002 Page 8 Non-Conforming Use CURTIS E. & RHONDA L. BOWEN July 9, 2002 Page 9 Page 1 of 1 Ashby Moss - GPIN #1474-96-6222) DISTRICT 1- CENTERV~LLE From; < RMALINAY@cvi.canon.com > To: <amoss@vbgov.com> Date: 9/12/2002 12:45 AM Subject: GPIN #1474-96-6222) DISTRICT 1- CFNTERVILEF Dear Ms. Ashby Moss, First of all I would like to thank you for the warm reception during our tele-con dated 9.10.02. Now, regarding the following issue: "Application of Curtis E. & Rhonda L. Bowen for the replacement of a non-conforming use at the northwest intersection of Salem Road 8~ Meadow Ridge Drive. Parcel is located at 2221 Salem Road and contain 40,000 square feet (GPIN #1474-g6-6222) DISTRICT 1- CENTERVILLE," Per our telephone conversation and based from the description of the applicants request, ! would like to say that ! am opposed to the application above due to the following reasons: 1.) The building plan shown to me at first by the couple was not the same plan as the one that you described to me over the phone. 2.) This might affect the resale value of my property. 3.) The horse that will be stabled on the said building actually needs a bi99er land to graze and roam. 4.) My family and I had never enjoyed our backyard due to the smell of the animal waste and flies ( horsefly, etc.) breeding and hovering around the area. Thank you very much for considering the above reasons and concerns. Sincerely, Rolando C. Malinay file://C:\Documents%20and%20Settings\amoss\Local%20Settings\Temp\GW} 00002.HTM 9/12/2002 CHANGE INNONCONF:ORMING":.USE? DISCLOSURE STATEMENT Applicant' s Name: List All Cu'rrent Property Owners: Curtis E. Bowen and Rhonda L. Bowen Same As Applicant 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 ail members or partners in the organization below: (Attach list ffnecessary) ~ 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 !fthe applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information ~erein is true and accurate. Signature Rhonda L. Eowen Print Name Rev. 9/15/98 Map F-H Not ~o ~c~le Curtis R-15 Rhonda Bozoen R-15 Gpin 1474-.96-6222 ZONING HISTORY 1. Conditional Use Permit (open space promotion) Approved 2-13-84 2. Subdivision Variance Approved 1-22-90 3. Conditional Use Permit (church) Approved 2-8-88 4. Conditional Use Permit (home occupation - counter tops) Approved 7-2-84 5. Conditional Use Permit (riding academy/horse boarding) Approved 4-14- 80 Rezoning (R-4 Residential to AG-1 Agricultural) Approved 7-11-77 6. Conditional Use Permit (trailedmobile home) Approved 7-17-78 7. Modification of Conditions on Conditional Use Permits approved 12-13-82 & 8-20-84 for communication towers Approved 7-11-95 Conditional Use Permit (communication tower) Approved 8-20-84 Conditional Use Permit (boarding horses) Approved 2-14-83 Conditional Use Permit (communication tower) Approved 12-13-82 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager William J. & Heidi L. Lynch and Gerald E. & Stella F. McClellan - Subdivision Variance MEETING DATE: September 24, 2002 Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William J. & Heidi L. Lynch and Gerald E. & Stella F. McClellan. Property is located at 2541 & 2537 Salem Road (GPIN #1484-32-3348; #1484- 32-4367). DISTRICT 7 - PRINCESS ANNE. Considerations: The applicant is requesting a 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. To create a legal subdivision of two (2) existing sites with dwelling units on property zoned AG-2 Agricultural District. The applicant acquired this property by deed in 1995 and now wishes to record a legal subdivision and rename the parcels. Lot B-1 is proposed as a 16,754 square foot flag lot with approximately 25 feet of frontage along Salem Road. Lot A- I is proposed with 11,413 square feet and 93 feet of frontage along Salem Road. The Planning Commission placed this item on the consent agenda because this will rectify a currently illegal subdivision created through deed, clear the title for the homeowners, and allow conveyance of these lots. The staff recommended approval and there was no opposition to the request. Recommendations: The Planning Commission passed a motion unanimously by a recorded vote of 10~0 to approve this request. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends' approval. Planning Commission recommends approval, t~~.~ Submitting Department/Agency: Planning Departmen City Manager: (~ 1/.._. ~0¢~'~ August 14, 2002 General Information: REQUEST: 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 ADDRESS: 2541 & 2537 Salem Road William ~ Heidi Lynch and Gerald E. & Stella McClellan AG-2 = AG-2 Crpin 1484-32-3348 - 4367 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 14843233480000 14843243670000 7-PRINCESSANNE 28,167squarefeet Carolyn A.K. Smith To create a legal subdivision of two (2) existing sites with dwelling units on property zoned AG-2 Agricultural District. Lot B-1 is proposed as a 16,754 square foot flag lot with approximately 25 feet of frontage along Salem Road. Lot A-1 is proposed with 11,413 square feet and 93 feet of frontage along Salem Road. Planning Commission Agenda August 14, 2002 WILLIAM J. & HEIDI L. LYNCH & GERALD E. & STELLA F. MCCLELLAN Page I Major Issues: · Presence of a hardship justifying the variance to the requirements of the Subdivision Ordinance. Site Plan / Preliminary Plat: Existing Lots: Lot "A," with 18 feet of frontage along Salem Road, currently exists as a flag lot behind lot "B." Lot "B" has 93 feet of frontage along Salem Road. There is also a small lot, Parcel "l," that has seven (7) feet of frontage along Salem Road and extends 123 feet to the west. This parcel ('T') was conveyed by deed and incorporated into the property shown as Parcel "A" in 1973. The applicant acquired this property by deed in 1995 and now wishes to record a legal subdivision and rename the parcels. The total acreage of all of the agriculturally zoned parcels is 28,167 square feet or 0.64 acres. Proposed Lots: It is the intent of the applicant to legally convey Existing Parcel 'T' to Existing Parcel "A," totaling 16,754 square feet (0.385 acres), and then renaming the combined parcel "B-1 ." The Existing Parcel "B," after the subdivision, will total 11,413 square feet (0.262 acres) and be renamed Parcel "A-I." The City Zoning Ordinance requires minimum lot width of 150 feet and minimum lot area of one (1) acre. The proposed lots are deficient in both lot width and lot area as described below. Item Reouired Lot A-1 Lot B-1 Lot Width in feet 150 feet 93 feet * 25.43 feet * 11,413 square Lot Area in square feet 1 acre feet (0.262 16,754 square feet acres) * (0.385 acres) * * Variance required Land Use, Zoning, and Site Characteristics Existing Land Use and Zoninq There are dwelling units on each of the AG- 2 Agricultural District zoned lots that were recorded in Map Book 80 Page 41 in 1969. The small parcel identified as Parcel "1" was deeded to Parcel "A" on July 13, 1973. Planning Commission Agenda ~..~ ~,~ August 14, 2002 " .... WILLIAM J. & HEIDI L. LYNCH & GERALD E. & STELLA F. MCCLELLAN--"" Page 2 Surroundinq Land Use and Zoning North: South: East: West: · Single-family dwellings / AG-2 Agricultural District · Single-family dwellings / AG-2 Agricultural District · Salem Road, single family dwellings / AG-2 Agricultural District · Open field, wooded area / AG-2 Agricultural District Zoninq History In 1990, a Conditional Use Permit was granted for a home for the elderly to the north of this proposal on Salem Road. There has not been any other zoning activity in the area to report. Air Installation Compatible Use Zone (AICUZ) The sites are within the 70 to 75 dB Ldn AICUZ District surrounding NAS Oceana. Natural Resource and Physical Characteristics There are no significant environmental features on these parcels. The sites are located in the Southern Watersheds Management Area. Public Facilities and Services Water and Sewer The parcels are located in an area not served by City water and sewer. Comprehensive Plan The Comprehensive Plan identifies these properties as within the Transition Area, an area planned for appropriate growth opportunities consistent with the City's economic vitality policies. 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. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property Planning Commission Agenda August 14, 2002 WILLIAM J. & HEIDI L. LYNCH & GERALD E. & STELLA F. MCCLELLAN ~'~ Page 3 immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Bo The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This section of Salem Road has several single family dwelling sites, many of which have lot widths and acreage below the minimum standards. In 1973, Parcel "1" was conveyed by deed and incorporated into the property shown as Parcel "A." The applicant acquired this property by deed in 1995 and now wishes to record a legal subdivision and rename the parcels. The approval of this variance request will rectify a currently illegal subdivision created through deed, clear the title for the homeowners, and allow conveyance of these lots. Therefore, Staff recommends approval of the subdivision variance. NOTE: Upon granting of a subdivision variance, a final subdivision plat must be submitted to the Development Services Center for approval and recordation. Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda August 14, 2002 WILLIAM J. & HEIDI L. LYNCH & GERALD E. & STELLA F. MCCLELLAN Page 4 -- I~..~- EXIST Planning Commission Agenda August 14, 2002 WILLIAM J. & HEIDI L. LYNCH & GERALD E. & STELLA F. MCCLELLAN Page 5 Planning Commission Agenda ~°~~\_=: ~ ~ · ~ August 14, 2002 ~.~~ WILLIAM J. & HEIDI L. LYNCH & GERALD E. & STELLA F. MCCLELLAN ~~~ Page 6 Item # 1 William J. & Heidi Lynch and Gerald E. & Stella F. McClellan Appeal to Decisions of Administrative Officers 2541 & 2537 Salem Road District 7 Princess Anne August 14, 2002 CONSENT Robert Miller: On the Consent agenda today, we had seven items - eight items on here but I've got some cards that we received which you were to sign up when your speaking and we have two people in opposition of the one of the items so it will be moved to the regular hearing. First Consent agenda item is William J. & Heidi L. Lynch and Gerald E. & Stella F. McClellan. And this is an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance on Salem Road. Do we have a representative for Item #1 ? Mr. Ray King? Ray King: Yes sir. Ronald Ripley: Would you come forward please. Ray King: I'm Ray King with the law firm of LeClaire Ryan. I'm the representative for the applicants in this case. Ronald Ripley: Have you read the recommendation acceptable' to you. Ray King: Yes sir, it is. And we have the plat ready to go assuming approval. Ronald Ripley: Okay. Robert Miller: With no conditions. Ronald Ripley: Okay. No conditions. Ray King: Thank you. Robert Miller: Is there any opposition to Item #1 ? You had wanted an explanation. And I think I ran through these too fast to give you an explanation. Do you want me to back and do that? Ronald Ripley: Yes I would. I would if you don't mind. Bob if you were to comment on Item #1. What the Planning Commission's reasons are for consenting this. Robert Miller: Yeah. On the Consent agenda was William J. & Heidi L. Lynch and Gerald E. & Stella F. McClellan. This was, as I said, an administrative issue with regard to Administrative Officers and certain elements of the Subdivision Ordinance. This was a deed subdivision that was done in 1973. And the purpose of updating this now is to bring in into conformance with the Subdivision Ordinance by having an appropriate plat recorded as was mentioned before by Mr. King. I also think I was suppose to do number 3, which was RPA Salem Lynnhaven, LLC. This is a Zoning District Classification change from R-5D to B-2. This property is a piece of property that is adjacent to the 7- eleven that is being built at the comer of Salem and Lynnhaven Parkway. And the plan for the 7-Eleven, there was an access drive and a BMP that was put in or shown to be in the area of Salem Road on property that was owned by the City. Since that time, the City has sold the property to the developer and it requires a rezoning, which is what we're doing today to bring it into conformance. Ronald Ripley: Okay. Thank you very much for the explanation. And I would like a motion to approve Item #1. Could I have a motion Betsy? Item #1 William J. & Heidi Lynch and Gerald E. & Stella F. McClellan Page 2 Betsy Atkinson: So moved. Ronald Ripley: Motion by Betsy Atkinson, seconded by Don Horsley. vote. AYE 10 NAY 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD ABSENT Ronald Ripley: By a vote of 10-0, that item passes. We're ready to ABS 0 · ? SUBDIVISION VARIANCE '' ~ CITY OF VIRGINIA.BEACH DISCLOSURE STATEMENT William J. & Heidi L. Lynch and ,)licant'sNmme: Gerald E. & Stella F. McClellan All Current perry O'wners: William ~, Lynch Stellar. McCleilan PROPERTY OWNER DISCLOSURE property owner is a CORPORATION. list all officers of the Corporation below: (Attach list if necessary) property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list nembers or partners in the organization below: (Attach list if necessary) ~heck here if the property owner is NOT a corporation, partnership, firm, or other unincorporated :rganization. applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) N/A ~pplicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all .ers or partners in the organization below: (Attach list if necessary) -.ck here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization.' I. FICATION: I certify that the information contained herein is true and accurate. " Signatur~ Ray W. Kino t ~...,~ ~__ Map GI2 Nop Not. ~ Scale William & Gerald E. & AG-2 ~ Heidi Lynch and Stella McClellan AG-2 AG-I D32 AG-2 G~in 1484-32-3348 - 4367 ZONING HISTORY AG-/~7 1. Conditional Use Permit (home for elderly) - Granted 9-25-90 / / / CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Town Center Associates, L.L.C. - Conditional Use Permit MEETING DATE: September 24, 2002 Background: An Ordinance upon Application of Town Center Associates, LLC for a Conditional Use Permit for multiple-family dwellings (342 units) on certain property located on Block 10 on the north side of Columbus Street, west of Constitution Drive (GPIN #1477-54-4523). Said parcel contains 2.205 acres. DISTRICT 5 - LYNNHAVEN. Considerations: The applicant is requesting a Conditional Use Permit for multiple-family dwellings (maximum of 342 units). The proposed building is multistoried, contemporary in design, and complements the office tower on block four to the north. The unit types are varied and designed to appeal to all market types. Common space is provided to complement the units. Sufficient parking is provided for a maximum of 342 dwelling units, the proposed retail space, and additional parking for general public use. The staff recommended approval and there was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0, with 1 abstention to approve this request, subject to the following conditions: 1. This Conditional Use Permit is for a maximum of 342 multi-family dwelling units. The exterior of the building shall substantially adhere to the submitted renderings titled "An Armada/Hoffler Project", prepared by CMSS Architects, PC, 2001. Said renderings are on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public rights of ways. The screening shall include solid walls that complement the structure. Attachments: Staff Review Planning Commission Minutes Disclosure Statement Location Map Recommended Action: Staff recommends'approval. Planning Commission recommends approval. ~ Submitting Department/Agency: Planning Departmen Town Center Associates Page 2 There shall be 836 on-site parking spaces in the parking garage. If any deficiency in parking spaces arises, the applicant shall obtain suitable additional parking as approved by the Director of Planning. Map E-7 Ham Not t,o Sca~e Town Center Associates. L.L.C. ZONING HISTORY 1. Rezoning (B-3 Central Business District to B-3A Pembroke Central Business Core District) - Approved 2-8-00 Street Closures - Approved 2-8-00; 10-27-78; 12-15-75; 10-14-74; 7-22-74 2. Rezoning (B-3 Central Business District to B-3A Pembroke Central Business Core District) - Approved 10-10-00 3. Rezoning (Residence Suburban R-S3 to General Commercial C-G1) and a Conditional Use Permit (Gasoline Supply Station) -Approved 11-1-65 4. Rezoning (Residence Suburban R-S3 to Limited Commercial C-L1) - Approved 8-8-63 TOWN CENTER ASSOCIATES / # 10 August 14, 2002 General Information: REQUEST: ADDRESS: GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: Conditional Use Permit for multiple family dwellings (Maximum of 342 units) The north side of Columbus Street, west of Constitution Drive (Block 10) Town Center Associates, L.L.C. 14775445230000 5-LYNNHAVEN 2.205acres Faith Christie / Stephen White To obtain a Conditional Use Permit for multiple family dwelling units (a maximum of 342 units) in the B-3A Pembroke Central Business Core District. This is Phase 2 of the Town Center project. Major Issues: This project is Phase II of the Town Center development, a public-private venture to develop an urban center in the City of Virginia Beach. It is important that the vision of the Comprehensive Plan and the Central Business Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 1 District Master Plan for this area to develop as the "city center" be achieved through a unified development that blends a mix of uses as commonly found in urban environments. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq The site is under development as part of the Town Center project. It is zoned B- 3A Pembroke Central Business Core District. Surroundinq Land Use and Zoning North: South: East: West: · Office and Retail building (under construction) / B- 3A Pembroke Central Business Core District · Columbus Street · Across Columbus Street is a regional storm water management pond / B-3 Central Business District · Parking for Columbus One / B-3A Pembroke Central Business Core District · A vacant parcel and small office building / B-3A Pembroke Central Business Core District Zoning History The site was zoned B-3A Pembroke Central Business Core District on February 8, 2000 as part of an overall public-private venture to develop an urban center in the city. This area of the city has been targeted since the early 1970s as a prime location to develop a "downtown" in the City of Virginia Beach. Several streets were closed in the 1970s in order to integrate many of the smaller parcels into large developable sites capable of supporting the large-scale multi use buildings that are now planned for the area. 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 site is under development as a part of the Town Center project. It is in the Resource Management Area of the Chesapeake Bay Preservation Area. Public Facilities and Services Water and Sewer Water: Sewer: There is a twelve (12) inch water main in Columbus Street fronting the site. The site will connect to City water. A hydraulic analysis will be required during the plan review process. There is a ten (10) inch sanitary sewer main in Columbus Street fronting the site. The site will connect to City sewer. Sewer and pump station analysis will be required during the plan review Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES ! # 10 Page 2 process. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): The existing street system in the Pembroke Core area consists of Columbus Street and Constitution Drive, which act as major collectors, collecting traffic and directing it to either Virginia Beach Boulevard or Independence Boulevard. · Columbus Street is a four lane divided local-street. It is designated on the Master Transportation Plan as a 120 foot wide divided roadway. Constitution Drive near this site is a four lane divided minor urban arterial. It is designated on the Master Transportation Plan as a 100 foot wide divided roadway. · Virginia Beach Boulevard near the site is an eight lane divided major arterial. It is designated on the Master Transportation Plan as a 150 foot wide divided roadway. · Independence Boulevard near the site is an eight lane divided major arterial. It is designated on the Master Transportation Plan as a 150 foot wide divided roadway. There are no CIP projects currently scheduled to improve any of the adjacent roadways. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 13,100 - Columbus Street 13,000 22,800 ADT ~ ADT ~ (Level of Service Traffic potentially generated C-E) under the existing zoning is 14,800 - difficult to quantify without Constitution Drive 10,300 27,400 ADT specifics regarding the mix of ADT (Level of land uses. The proposed land Service C-E) use (a mix of multi-family 34,940 - residential and retail) will 50,000 64,260 ADT generate 6,200 ADT, which is Virginia Beach Boulevard ADT (Level of significantly less than if the site Service C-E) was developed at its full 34,940 - potential. Independence Boulevard 49,000 64,260 ADT ADT (Level of Service C-E) Average Daily Trips Public Safety Police: The Police Department has several suggestions related to the parking structure: The 12 inch shear walls should have openings, if it will not compromise the structural integrity of the building, that allow for natural surveillance. Stairwells should be open, if possible, that will allow for natural surveillance. Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 3 Fire and Rescue: · Specific parking areas for retail, residents and public uses should be distinguished by signage. · If parking attendants are on site they should be located in a position to control specific parking areas. · Reflective paint, white or other similar color, should be used inside the garage. A detailed lighting plan will be required during site plan review. Ceilings that incorporate beams diminish the lighting depending upon the location of the fixtures. These suggestions will be explored during detailed site plan and building plan review and incorporated into the design as possible. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group or mixed use before occupying the building. All Fire Department concerns will be addressed through the building permit process. Comprehensive Plan The Comprehensive Plan Map designates this area of the city as the Urban Center, an area planned for a mix of high intensity, pedestrian centered urban uses including employment, office, retail, residential, educational, centralized parking facilities and other compatible uses. The Virginia Beach Central Business District Master Plan, adopted as part of the Comprehensive Plan, lists that one of several goals for the plan is to encourage a mix of uses that ideally create a city center that never closes. The submitted proposal is consistent with the vision of the Comprehensive Plan and the Central Business District Master Plan to blend multiple land use activities into a reinforcing whole. Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 4 Summary of Proposal Proposal The applicant wishes to obtain a Conditional Use Permit for a maximum of 342 multiple family dwellings on Block 10 in the Town Center area. The site is just south of the first Town Center office tower that is currently under construction. Additional information is available at ht,.p./, www.vab~chtovvncen~er.com/s~te ~lan.stm The building is a contemporary "U" shaped design, with the multiple-family dwelling units overlooking Columbus Street, Main Street and Central Park Avenue. Inside the 'U' of the building are a pool, clubhouse, and outdoor common area. Site Desiqn The building occupies the entire block, surrounded by streets. To the north are Main Street and the Town Center office tower currently under construction. To the east is Town Center Drive, to the south is Columbus Street, and to the west is Central Park Avenue. Retail shops will be located on the first floor facing the rights-of-ways. Vehicular entry to the building is from Columbus Street and Town Center Drive. Sidewalks along Columbus Street, Town Center Drive, and Central ParkAvenue appear to be twenty feet in width. The sidewalk along Main Street appears to be fourteen feet in width. The building design is contemporary, complementing the Town Center office tower. Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 5 Vehicular and Pedestrian Access Vehicular access is from Columbus Street and Town Center Drive. Sidewalks surround the building. Pedestrian access can be obtained through the retail shops on the first floor, the apartment lobby, and the parking areas contained within the building. Architectural Desiqn The building is a contemporary "U" shaped structure of brick with simulated wood and limestone (concrete) accents The windows are aluminum framed and the roofs are standing seam metal. The dwelling units offered are studio type, one bedroom with a den, and one, two and three bedrooms units. Patios for the multiple-family dwelling units overlook the streets and the fifth floor pool, clubhouse and outdoor common area. The multiple-family units will be a mix of studio, one, two and three bedroom apartments. The first floor of the building will have retail shops, the apartment lobby and office, and parking. Parking for the proposed uses will occupy several floors of the structure. Entrances to the parking areas will be from Columbus Street and Town Center Drive. Landscape and Open Space Design · Landscaping will be consistent with the goals and standards of the Town Center concept plan. Evaluation of Request Staff recommends'approval of the Conditional Use Permit request to develop a maximum of 342 multiple-family dwelling units on the site subject to the conditions below. The purpose of the B-3A Pembroke Central Business Core District is to optimize the area's development potential for a mixed use, pedestrian-oriented urban activity center with mid- to high-rise structures that contain numerous types of uses including businesses, retail, residential, cultural, educational and other public and private uses. The district is intended to comprise publicly accessible community open space areas that are reflective of the concepts identified in the Comprehensive Plan and the Pembroke Central Business District Master Plan. Introduction of the multiple-family elements will achieve part of the vision of the Comprehensive Plan and the Central Business District Master Plan to develop an urban center that is a mix of complementary uses. The proposed building is multistoried, contemporary in design, and complements the office tower on block four to the north. The unit types are varied and designed to appeal to all market types. Common space is provided to complement the units. Sufficient parking is provided for a maximum of 342 dwelling units, the proposed retail space, and additional parking for general public use. Therefore, staff recommends approval of the request subject to the following conditions. Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 6 Conditions 1. This Conditional Use Permit is for a maximum of 342 multi-family dwelling units. The exterior of the building shall substantially adhere to the submitted renderings titled "An Armada / Hoffler Project", prepared by CMSS Architects, PC, 2001. Said renderings are on file with the City of Virginia Beach Planning Department. All mechanical equipment, including generators, shall be screened from the public rights of ways. The screening shall include solid walls that complement the structure. 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 August 14, 2002 TOWN CENTER ASSOCIATES/# 10 Page 7 Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 8 Il Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 9 Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 10 ® ® Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / if 10 Page 11 Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 12 Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 13 iI i l Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES/# 10 Page 14 Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES ! # 10 Page 15 i Planning Commission Agenda i!'~- August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 16 'K'I .......... Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 17 mama E Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES / # 10 Page 18 Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES/# 10 Page 19 Planning Commission Agenda August 14, 2002 TOWN CENTER ASSOCIATES/# 10 Page 20 Item #10 Town Center Associates, LLC Conditional Use Permit for multiple-family dwellings North side of Columbus Street, west of Constitution Drive District 3 Rose Hall August 14, 2002 REGULAR AGENDA Robert Miller: The next item is Item #10, Town Center Associates, LLC. It's a Conditional Use Permit for multi-family dwellings on certain property located on Block 10 on the north side of Columbus Street, west of Constitution Drive. Somebody needs to come up. Ronald Ripley: Yes. Robert Miller: Steve. Steve Lucus: Good afternoon. I'm Steve Lucus with Armada Hoffier. Weare requesting Conditional Use approval for a 342-unit apartment project. It is a mixed use building. Do you want to bring the boards up? Do we need to bring the boards up? Ronald Ripley: Yes, please. Steve Lucus: This is the Hillview plan for Town Center right now. Block 4 is being completed, coming on line. One Columbus Center is right here, existing. Block 10 is the subject property. And as I mentioned, it is mixed use. It is 45~000 square feet of retail around three sides. We have parking on four levels, some of which is on the first floor with ramps accessing the upper levels. And some loading dock areas that will service the apartments. The loading docks will service the retail and the apartments. There are 342 units on top, and these are upscale apartments. They are very nice. We've worked very hard in trying to come up with some unique product, it's really going tc be something that sets it apart, makes it distinctive, and really adds to the project. As you all know, the residential component of the Town Center is critical. It provides that energy and provides a critical mass that's needed to make this thing come alive. So, as the next phase, and it's Phase II, it is critical. These are preliminary elevations. CMSS is refining these and adding features, and they're really making this a distinctive product. We've got 14 levels altogether. You can see that there are two half plates that - we're not sure yet about penthouse type units. But right now, everything is designed typical going up through the building. Above the fourth floor parking level is the plaza level, 28,000 square feet. It has a recreational building there and a pool. And it's going to be very nice amenity as well. Robert Miller: Steve, the side that we're facing, that we're looking at is facing towards... Item 4/10 Town Center Associates, LLC Page 2 Steven Lucus: This is the east. The horseshoe faces the east, and Block 4 is fight here. Burrell Sanders: It's actually two residential towers with an entrance off of Main Street to the north tower, which will be on this side, and an entrance off of Columbus Street on the south side. Ronald Ripley: So, you said you had 45,000 square feet of retail space? Steve Lucus: That's correct. Ronald Ripley: Do you have any tenants that you can speak of at this point? Steve Lucus: We do not have anyone under lease at this point. We do have some interested parties that we're talking too. Ronald Ripley: The parking area, how many parking spaces are in there? Steve Lucus: We're fight now at 836. Ronald Ripley: Eight hundred thirty s~x? A certain amount of those are designed for the general public and a certain amount are d~signed for the apartments? Steve Lucus: That's correct. Burrell Sanders: The breakdown is 342 for the apartments and 132 for the retail. And then there's 362 left. Ronald Ripley: Three hundred sixty two !eft? But the 342, will that be designed solely for the apartments, or will they be like up on the upper tiers. How would that work? Steve Lucus: They will be available. We~'re allocating 1.7 per unit. If, the apartment residents want to reserve a space. Let's say they want one next to the elevator, they can pay a monthly fee to reserve that. That isl, only for six months at a time. Ronald Ripley: Otherwise, they would tr~f to find a space best they can? Steve Lucus: Right. Ronald Ripley: Okay. If I understand, th~ parking element is a public investment. Steve Lucus: It will be, yes. Ronald Ripley: The City's paying for tht? What areas is the developer paying for? What areas is the City paying for? Item #10 Town Center Associates, LLC Page 3 Steve Lucus: Well, the developer is paying for the retail and the apartments. And all the strictly garage related items - it's the same situation for Block 4. Ronald Ripley: Okay. The material that is going to be constructed of... Steve Lucus: It is on piles as we are on Block 4. There are concrete frame that's post tension. And the lower levels will be a masonry product, and the upper floors right now are looking at a panelized aphis system. Ronald Ripley: What income range would you think the tenants will be, and can you describe who you think your tenants will be in the apartments? Steve Lucus: We are partnered in with Drucker and Faulk, who has a long history of apartments. And probably the closest thing that we have in this area that relates to this product, although this is unique as you can see, is their project called the Heritage over in Norfolk. They are some questions when they were first looking at the project as to whether it would support it as well as the rents they were going to be asking. That project has been full. It stabilized really quickly, and they are carrying a waiting list of about, I think 14-18 people from what I understand. Ronald Ripley: So the rents about the same? Steve Lucus: The rents are going too compliable to this. You've asked about the income levels. I think what they're seeing is typically their income level is ranging above $50,000. A lot of empty nesters, a lot of military, high ranking military, that are only going to be in the area for about three years and so they look for a product like this. Burrell Sanders: They are also have a fair amount of young professionals. Steve Lucus: That's exactly right. Ronald Ripley: I assume that's the tie in to the whole plan that's planned as far as the office park and all the other planned buildings. Steve Lucus: Correct. Burrell Sanders: What's been found is that in the Town Center, and even in existing other CBD' s, bringing residential brings a 24 hour element to the area. It adds to the safety, the ambiance. A lot of people want to live in those areas so they can enjoy the convenience of the restaurants, being near work and those kinds of environments. We're finding that in Northern Virginia, and in a lot of traditional city areas, that this type of housing is really achieving a lot of success. It's answering a need that hasn't been answered for a while. Item #10 Town Center Associates, LLC Page 4 Ronald Ripley: Do you see any need for any small component of neighborhood type shopping? Because of people living there, you will have a need for food and convenience and type, milk etc, laundries, whatever. Is there any component of that plan in the overall Town Center Plan? Burrell Sanders: That is kind of interesting. That's a good question. What's really kind of interesting about the 17 blocks that fits into the middle of the Town Center is that it's really part of the overall CBD. And, the key to its connectivity is to the existing communities that are directly adjacent to this area of the home. There's a series of housing behind this. But there are also other commercial fixtures in that area that do service just the needs you just spoke to, so the idea for this is to start bringing it all together, blending it and connecting the facility. Connections of the roads and sidewalks have really been taken into consideration, Ronald Ripley: But I'm saying within the Town Center dimensions. If you go to San Francisco, etc, I mean, you're going to find neighborhood of these types uses, not in big lot, but a small lot, and I'm just curious. You got to get into your automobile to get to other places. Steve Lucus: If I can speak to that Burrell. To use the Heritage as an example, again, they have just for the need of the apartments a little grocery store where you can go in and get all the convenience items, sandwiches and things like that, and it has been very successful. And we would envision that type of tenant in this situation as well. Dry cleaner drop off, all of the service type things will be close proximately. Ronald Ripley: Okay. My last question is when will you anticipate starting your - do you have a date set as to when you plan to start? Steve Lucus: Our target right now is the first of the year. Ronald Ripley: Okay. Bob? Robert Vakos: Ron asked most of the questions I was going to ask about the resident mix and what not. And I applaud everyone that's been associated with this project. It's nice to be able to create a downtown rather than having to recreate one. And I think you all are right on target and again I applaud you for it. And I assume Burrell in all this discussion that you all have talked about the traffic flows as you mentioned a minute ago. I would also assume that some sort of mass transportation, or component thereof, needs to eventually be a part of this, and I'll just put that out for what it's wo~h. I was listening to your comments about the apartments and I'm a little confused. There are 342 apartment units, correct? Steve Lucus: Correct. Robert Vakos: Okay. And you said there's 342 parking spaces? Item #10 Town Center Associates, LLC Page 5 Steve Lucus: No. There's 1.7 per unit. Robert Vakos: Oh, I thought I heard someone say 342. Burrell Sanders: I think I added the math wrong here, but there's... Steve Lucus: It's over 500. Ronald Ripley: Five hundred eight. Good. Thank you. Robert Vakos: Okay. So that equates to 1.7. I thought you said - the math didn't work for me. But anyway, and I also anticipate that probably that number may be even a little high because I would think if your prototype client would live there, work there, recreate there, whatever, there wouldn't be a lot of demand for 1.7 cars. And I'm sure that's been the experience in some of the other areas you' ve looked at. Steve Lucus: It's lower. Robert Vakos: It is lower. Steve Lucus: Places like DC obviously has a higher ratio. Robert Vakos: Again, the more amenities you put there the less likelihood - especially if you can build in a mass transportation component of some type to move people around a little bit. But again, that was the only question I had was on the parking spaces. But I do applaud you and everyone that's worked on this. I think it's the fight thing to do. It's funny because I remember again, all the years I've been on the Commission, when we've first started looking at this type of Town Center notion, and there was a Chick-Filet, which is a very nice Chick-Filet built there. Everyone once in a while, why are we allowing that near the Chick-Filet in an area that we wanted to try to have a little more intense development. So, I think we're on the fight track. It's a lot of building but it's a very nice looking building too. Ronald Ripley: Thanks Bob. Betsy? Betsy Atkinson: Bobby, I thnk that 1.7 also is the parking for the retail and office, and other people also. Is that not correct? Steve Lucus: The 1.7 is strictly for the apartments. Betsy Atkinson: Strictly? So you have other parking available for 800... Steven Lucus: Retailers. Item #10 Town Center Associates, LLC Page 6 Betsy Atkinson: No 800. There's got to be more than 800 total spaces. The 1.7 - you got eight hundred and something parking spaces for 432 units. Steve Lucus: Three hundred forty two. Betsy Atkinson: Three hundred forty two. So, you have some spaces... Burrell Sanders: You end up with about 100 and some left over... Betsy Atkinson: One hundred and something left over for retail and for the other people. Burrell Sanders: The actual numbers... Betsy Atkinson: And you'll answer this one. What percentage of the units are studios? One bedroom? Two bedroom? Three bedroom? Steve Lucus: The studio's are about ten percent, one bedroom thirty-seven percent, two bedroom forty-two percent, and three bedroom is eleven percent. Betsy Atkinson: You still working the parking? Robert Vakos: It's all the high math. Betsy Atkinson: I know. I was trying to figure out the parking. I think Bobby you're right. Ronald Ripley: Betsy? Burrell Sanders: It's 581. Betsy Atkinson: Okay. Eugene Crabtree: Five hundred eighty one for the apartments. Ronald Ripley: The information that was provided to me was 582 for the apartments, 131 spaces for the retail and 123 additional spaces. Burrell Sanders: That's correct. Betsy Atkinson: Ronald Ripley: make a motion? Eugene Crabtree: Oh, okay. Great. Alright. Thank you. Do we have any other questions of the applicant? Does anybody wish to I make a motion that we approve. Item #10 Town Center Associates, LLC Page 7 Betsy Atkinson: I'll second it. Ronald Ripley: A motion from Mr. Crabtree that we approve it, and Betsy Atkinson seconded it. We're ready to vote. Robert Miller: I need to abstain. My firm is working on the Town Center project. Kay Wilson: This would of course be subject to the three conditions listed. Ronald Ripley: Of course. Betsy Atkinson: Thank you attorney Wilson. Ed Weeden: What happened to Mr. Din? Betsy Atkinson: He left. Robert Vakos: He disappeared. AYE 8 NAY 0 ABSENT 2 ABS 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN HORSLEY AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE VAKOS AYE WOOD ABSENT RonaldRipley: Mr. Din had to leave. passes. ABS ABSENT By a vote of 8-0 with one abstention, the motion Thank you all very much. Excellent job. kpplicant's Name: DISCLOSURE STATEMENT Town Center Associates, LLC, a Virginia Limited Liability Como~ny ~,ist Ail Current ~operty Owners: Town Center ~ssociates? LLC PROPERTY OWNER DISCLOSURE the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) A. Russell Kirk, Manager I, ouis S. Haddad, Manager Gerald S. Divaris, Manager the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list ,J! members or partners in the organization below: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If ~.he applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE ff ~he applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) A. Russell Kirk, Manager Louis S. Haddad, Manager Gerald S. Divaris: Maria,.er the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGAN:ZATION, list all mc~:~bers or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership,'firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Lot~is S. Haddad Signature Print Name 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 - Street Closure MEETING DATE: September 24, 2002 Background: Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Old Princess Anne Road located on the west side of Princess Anne Road (Relocated), 700 feet more or less north of Flanagans Lane. Said parcel contains 22,590 square feet. DISTRICT 7 - PRINCESS ANNE. Considerations: The applicant is requesting closure of a Portion of Old Princess Anne Road, beginning at a point 700 feet north of Flanagan's Lane. The Planning Commission placed this item on the consent agenda because the area of closure will be combined with two small parcels that are now sandwiched between Old Princess Anne Road and the newer, relocated Princess Anne Road to create a combined 1.5-acre parcel that will meet the minimum lot size requirement of one acre for the AG-1 and AG-2 Agricultural Zoning Districts and will be more suitable for development. The staff recommended approval and there was no opposition to the request. Recommendations: An indefinite deferral of this request is recommended. There is a separate but related request being reviewed by City staff. The City Attorney's Office requests that this street closure be deferred until it and the other request can be brought before City Council at the same time. Attachments: Location Map Recommended Action: Staff recommends indefinite deferral.. Submitting Department/Agency: Planning Departmen~/t~:~. City Manager: ~v,v~Cj ~, ~~ Map K-13 Hap No'c ~.o Sca2e AO-I AG-2 A6-1 C / // / CL¢ / / / /~ AC,-I AG-2 / A6-2 AGI'2 ZONING HISTORY AG-I Beach AG-I 1. Street Closure - Granted 6/13/95 2. Conditional Use Permit for a single family home -Granted 7/3/89 3. Area-wide Rezoning to AG-I/AG-2 on 8/27/86 4. Area-wide Rezoning to AG-I/AG-2 on 8/27/86 5. Conditional Use Permit (Borrow Pit) - Granted 4/20/81 J. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD CITY COUNCiL LIAISONS HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH TRANSITION AREA TECHNICAL ADVISORY COMMITTEE UNFINISHED BUSINESS NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - August 2002 M. ADJOURNMENT CIVIL LAWSUITS RESOLVED DURING THE MONTH OF AUGUST, 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. 14Talker and Lisa R. Evers - collection of City food tax. Lawrence Reid Becker and W. O. Grubb Steel Erection, Incorporated v. City of Virginia Beach and F. D. Godwin - Civil Rights Adams Outdoor Advertising, L,P. v. City of Virginia Beach - challenge to City's ordinance - billboard case Barbara S. Scalese v. City of Virginia Beach - negligence Flamingo Jazz Quarter, Inc. v. Alfi'ed Jacocks - negligence Note: Disposition details available on request from the City Attorney's Office