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Home My WebLink AboutDECEMBER 3, 2002 AGENDACITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 MARGARET L. EURE. Centerville - District ! REBA S. McC1.4NAN, Rose Hall -Dtstrtct 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Prtncess Anne- Distrtct 7 PETER DJ SCHMIDT, At-Large RON A. I.TLL4NUEVA, At-Large ROSEMARY [J'71.SON, At-Large JAMES L. WOOD, l~v~mhaven -Dtstrict 5 d/LadES K. SPORE, City Manager LESLIE L. LILLEY, City Attorne)., RUTH HODGES S~91ITH, M?¢IC, CiO, Clerk City of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDfNG 1 2401 COURTHOUSE DRIVE VIRGhVIA BEACH, VIRGINIA 23456-8005 PHO:VE: (75 7) 427-430.:1 FAX (75 7) 426-5669 E MA1L:CO, cncl~vbgov, com December 3, 2002 CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING - Building 19 - A. FIVE YEAR FORECAST Catheryn Whitesell, Director, Department of Management Services Vicki Lewis, Chief Financial Officer, Virginia Beach City Public Schools 2:30 PM II. REVIEW OF AGENDA ITEMS - Conference Room - 4:00 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf 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. Oberndorf B. INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal 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 SESSIONS November 26, 2002 G. AGENDA FOR FORMAL SESSION Ho PUBLIC COMMENT 1. BEACH MANAGEMENT PLAN RESOLUTIONS/ORDINANCES Resolution concurring with a Revenue Bond issuance by the Industrial Development Authority of Mathews County: YMCA Of South Hampton Roads Not to Exceed $3,500,000 Resolution re support for formation of CAPE HENRY NATIONAL PARK & VISITOR CENTER o Ordinance to APPROPRIATE $1,000,000 from the General Fund and $1,200,000 from the Water and Sewer Enterprise Fund Retained Earnings in FY 2002-03 Capital Budget re additional funding for radio purchases to upgrade the communication system for Police, Fire and EMS as well as various non public safety agencies. Ordinance to APPROPRIATE $11,711 additional HOME Program revenue from the United States Department of Housing and Urban Development (HUD) to the Department of Housing and Neighborhood Preservation FY 2002-03 Operating Budget for HOME approved rehabilitation loans and citizen grants. PLANNING Application of AMERICAN PARKING SOLUTIONS, LTD. for a Conditional Use Permit re bulk storage of motor vehicles at the east side of Military Highway and Alexandria Lane (600 Block of S. Military Highway) containing 48 acres. (DISTRICT 2 - KEMPSVILLE) Deferred: Recommendation: November 26, 2002 APPROVAL Application of MT. OLIVE BAPTIST CHURCH for a Conditional Use Permit re a church (parking lot expansion) at Birdneck Road, south of 19th Street (310 North Birdneck Road) containing 1.80 acres. (DISTRICT 6 - BEACH ) Recommendation: APPROVAL Application of TRITON PCS/SUNCOM for a Conditional Use Permit re a communication tower south of the intersection of Snow Goose Lane and Hawks Nest Way, north of Interstate 264 (1400 Snow Goose Lane) containing 11.69 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL o o Application of TYRONE HART for a Conditional Use Permit re a church to share two (2) suites in a retail center with a daycare center at Virginia Beach Boulevard and Toy Avenue (5441 Virginia Beach Boulevard, Suites 116 and 117) containing 2.658 acres. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL Application of OCEAN TIDE ASSOCIATES, L.L.C. for a Conditional Use Permit re multiple-family dwellings (condominiums) on the north side of Shore Drive, between Sea Shell Road and Urchin Road (2990 Shore Drive) containing 1.03 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Application of SANDBRIDGE COMMUNITY CHAPEL, United Methodist Church for Modification ora Conditional Use Permit (approved November 15, 1984 and October 24, 1988) re the sale of an existing lot on Little Island and Sandpiper Roads, in the vicinity of Bonita Lane (3041 Sandpiper Road and 300 Bonita Lane) containing 1.62 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Applications of the CITY OF VIRGINIA BEACH re a hospital/medical complex (Sentara) and an athletic club for a portion of Recreation Drive at Dam Neck and Princess Anne Roads. DISTRICT 7 - PRINCESS ANNE a. Discontinuance, closure and abandonment containing 2.5455 acres b. Conditional Use Permit containing 45 acres Change of Zoning District Classification from P-1 Preservation District and R-5D Residential Duplex District to Conditional 0-2 Office District containing 71.74 acres Recommendation: APPROVAL Ko APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANN1NG COMMISSION RESORT ADVISORY COMMISSION VIRGINIA BEACH FOUNDATION VOLUNTEER COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) AGENDA 12/03/02gw vww.vbgov.com FORM NO. CM 5 REV. 11/91 CITY OF VIRGINIA BEACH AGENDA REQUEST To: The Honorable Mayor Members of the Council James K. Spore From: City Manager Subject: Resolution Approving the Issuance of Industrial Revenue Bonds (Young Men's Christian Association of South Hampton Roads "YMCA") AGENDA ON: December 3, 2002 NATURE OF ITEM: Zoning/Use Permit Contract Transfer/Appropriation; 15'/2nd Reading Other Resolution BUDGET SECTION: Amount Funding Source: Recommendation: Signature HISTORY: The City of Virginia Beach Development Authority and the Industrial Development Authority of Mathews County, Virginia held public hearings for the issuance of revenue bonds for the YMCA. The bonds are to be issued by the Industrial Development Authority of Mathews County in an amount not to exceed $3,500,000. The bonds will be used to improve YMCA facilities located in the City of Virginia Beach and Mathews County, Virginia. Therefore, the approval of the Virginia Beach City Council is required pursuant to Section 147(0 of the Internal Revenue Code and Section 15.2-4906 of the Code of Virginia, and the City of Virginia Beach Development Authority passed a resolution on November 19, 2002, recommending that City Council approve issuance of the bonds The request was duly advertised for public hearing before the Industrial Development Authority of Mathews County, Virginia, which adopted a Resolution on August 29, 2002 recommending that the City Council approve the issuance of the bonds. FACTS/DISCUSSIONS/OPTIONS: The matter comes before Council for its approval pursuant to Section 15.2-4906 of the Code of Virginia, which provides that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. ATTACHMENTS: Submission to Council - Public Benefit of YMCA Projects (Letter from City of Virginia Beach Department of Economic Development) Resolution of the Industrial Development Authority of Mathews County, Virginia Resolution of the City of Virginia Beach Development Authority Resolution of the Industrial Development authority of Mathews County, Virginia Disclosure Statement Summary of Statements Fiscal Impact Statement Resolution Location Maps (Laskin Road) Recommended Action: APPROVAL Council Action: Date: Submitting Agency/Signature .4~,~ ~ ~ D/ACM: 'C~ Development Authority Ga~/L. Fentress of Counsel Great Neck Pa[k ' (Proposed) If Snare Great Neck Lei , Comprehensive Mental Health .. First Coleoial He Narrows ',. Covb S/rd Neck Point Zinkhorn · Point LIT] ,E _ PROJECT NAME: PROJECT ADDRESS: TYPE OF PROJECT: Hilltop Family YMCA 1536 Laskin Road Virginia Beach, Virginia 23451 Recreational, educational and fitness facility A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA, OF ITS REVENUE BOND IN AN AMOUNT NOT TO EXCEED $3,500,000 FOR THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans of Young Men's Christian Association of South Hampton Roads, a Virginia non-stock, non-profit corporation (the Company) the principal business address of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of its recreational facilities revenue bond in an amount not to exceed $3,500,000 to assist the Company in (a) permanently financing (1) the renovation/expansion and equipment purchases, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center, at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver Beach, including science center with classrooms, labs, and observation tower, tennis courts, skateboard park, staff housing, athletic field, and other improvements, located at 6272 YMCA Lane, Jamesville, Virginia 23398, and (3) the purchase of 85 acres of land adjacent to and north of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck Road, Jamesville, Virginia 23398 (collectively, the Project), and (b) financing the cost of issuing the Bond; and WHEREAS, the above facilities will be owned by the Company and will be located in Virginia Beach, Virginia, and Northampton County, Virginia; and WHEREAS, a public heating with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on November 19, 2002, and the Mathews Authority so held a public heating with respect to the Bond on August 29, 2002, and adopted an approving resolution (the Mathews Authority Resolution) with respect to the Bond on that date; and WHEREAS, the Authority has adopted a resolution recommending that the City Council of the City of Virginia Beach (the Council) concur with the Mathews Authority Resolution; and WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), provides that the Council must concur with the adoption of the Mathews Authority Resolution prior to the issuance of the Bond; and WHEREAS, the Internal Revenue Code of 1986, as amended (the Code), provides that the highest elected governmental officials of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; and WHEREAS, the Hilltop Family YMCA is located in the City of Virginia Beach and the members of the Council constitute the highest elected governmental officials of the City of Virginia Beach; and WHEREAS, a copy of the Mathews Authority Resolution, the Authority's resolution and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. The Council concurs with the adoption of the Mathews Authority Resolution and approves the issuance of the Bond by the Mathews Authority to the extent required by the Code and Section 15.2-4905 of the Virginia Code. 2. The concurrence with the Mathews Authority Resolution and the approval of the issuance of the Bond, as required by the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Company and the Bond shall provide that the City of Virginia Beach shall not be obligated to pay the Bond or the interest thereon or other costs incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of Virginia Beach shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. #798334 V~dopted by the Council of the City of Virginia Beach, Virginia, on the __ ,2002. day of Clerk, City Council of the City of Virginia Beach AI ROVED AS TO lEGAL SUFFiCIEI':~CY RESOLUTION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA WHEREAS, there has been described to the Industrial Development Authority of Mathews County, Virginia (the Authority) the plans of the Young Men's Christian Association of South Hampton Roads (the Company) for the issuance of the Authority's revenue bond (the Bond) in an amount not to exceed $3,500,000; and WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with a group of banks led by Bank of America, N.A. (the Lender), for their own account and for investment purposes; and WHEREAS, the Company in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code), and has represented that the Company is a corporation described in Section 501(c)(3) of the Code which is not organized and operated exclusively for religious purposes and which is exempt from federal income taxation pursuant to Section 501(a) of the Code; and WHEREAS, the Company in its appearance before the Authority has described the health and other benefits to the City of Virginia Beach (the City) and Mathews County (the County) to be derived from the issuance of the Bond and has requested the Authority to agree to issue the Bond under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the Act), to assist the Company in permanently financing (1) the renovation/expansion and equipment purchases, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver Beach, including science center with classrooms, labs, and obselwation tower, tennis courts, skateboard park, staff housing, athletic field, and other improvements, located at 6272 YMCA Lane, Jamesville, Virginia 23398, (3) the purchase of 85 acres of land adjacent to and north of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck Road, Jamesville, Virginia 23398 (collectively, the "Project") and (4) payment of a portion of the cost of issuing the Bond; and WHEREAS, a public hearing has been held by the Authority as required by Virginia law and Section 147(0 of the Code on the date hereof; WHEREAS, there have been presented to this meeting the forms of the following documents and instruments which the Authority proposes to execute to carry out the transactions described above: (a) Bond Purchase and Financing Agreement (the Bond Purchase Agreement), dated as of October 1, 2002, among the Authority, the Company and the Lender, together with the Company's promissory note (the Note) payable to the Authority; and (b) The Authority's $3,500,000 Revenue Bond (YMCA Facilities Project) Series 2002 (the Bond), in registered form, and payable and bearing interest as set forth therein. BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA: 1. It is hereby found and determined that the plan of finance described above is in accordance with the purposes of the Act and will benefit the inhabitants of the County and the Commonwealth of Virginia and promote their safety, health, education and welfare. 2. To assist the Company in such plan of finance, the Authority hereby agrees to undertake the issuance of the Bond. 3. Concurrently with the issuance of the Bond, the Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and to deliver the Bond Purchase Agreement to the other parties thereto. 4. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the terms provided in the Bond Purchase Agreement; provided, however, that delivery of the Bond shall not occur (a) until the Bond has been approved by the Board of Supervisors of Mathews County, Virginia (the Board), (b) until the Virginia Beach Development Authority has conducted a public hearing in accordance with the Act and the Code ~vith respect to the Bond and (c) until the City Council of the City of Virginia Beach by resolution (the Concurring Resolution) concurs with the adoption of this resolution in accordance with the Act. All terms of the Bond are by this reference thereto incorporated herein as a part of this resolution. 5. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and deliver to the Lender an assignment of the Note and of the rights of the Authority under the Bond Purchase Agreement (except for the reserved rights set forth therein). 6. The Bond Purchase Agreement, the Note and the Bond shall be in substantially the forms presented at this meeting which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chairman or Vice Chairman of the Authority, his execution to constitute conclusive evidence of his approval of any such omissions, insertions and changes. 7. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bond and the undertaking of the plan of finance described herein. 2 8. The Authority hereby agrees to the recommendation of the Company that Kaufman & Canoles, P.C., Norfolk, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bond. The Authority hereby further appoints McGuireWoods LLP as the Authority's counsel to approve the issuance of the Bond. 9. All costs and expenses in connection with the financing, including the Authority's administrative fees, the fees and expenses of bond counsel, counsel for the Authority and counsel for the Lender, shall be paid from the proceeds of the Bond or from funds of the Company. If for any reason the Bond is not issued, it is understood that all such fees and expenses (other than the Authority's administrative fee which is payable only if the Bond is issued) shall be paid by the Company and that the Authority shall have no responsibility therefor. 10. In adopting this resolution, the Authority intends to evidence "official intent" within the meaning of Treasury Regulations Section 1.150-2. The Authority, including its directors, officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Authority's failure to issue the Bond or for any other reason, and the Company shall agree to indemnify and hold harmless the Authority and its directors, officers, employees, agents and counsel from and against ail liabilities, claims, penalties, losses, costs and expenses in any way connected with the Project or the issuance of the Bond. 11. The Authority hereby designates the Bond a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code for calendar year 2002. 12. The Authority's officers shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth. 13. The Authority hereby recommends that the Board approve the issuance of the Bond and hereby directs the Chairman or Vice Chairman to submit to the Board the statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as amended, to provide to the Board a reasonably detailed summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Code of Virginia of 1950, as amended, and to provide a copy of this resolution and, upon its receipt, a copy of the Concurring Resolution. 14. Neither the Authority nor the County have endorsed the creditworthiness of the Company or the ability of the Company to repay the Note and any purchaser of the Bond shall agree to purchase the Bond at their sole risk and that no representations of any kind have been made to the Lender by either the Authority or the County. 15. This resolution shall take effect immediately upon its adoption. 3 The undersigned hereby certifies that the above resolution was duly adopted by roll call vote by a majority of the directors of the Industrial Development Authority of Mathews County, Virginia at a meeting duly called and held on August 29, 2002, and that such resolution is in full force and effect on the date hereof. Dated: _/'~~ ? ,2002 ./S'~ret)vy/, Indt~strihl D~velopment A~thorit3~ of Mathews County, Virginia #765535 v3 VIRGINIA BEACH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 November 19, 2002 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re~ YMCA of South Hampton Roads Bond Issue Industrial Development and Revenue Bond Revenue Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with a project for the Young Men's Christian Association of South Hampton Roads (the "YMCA") whose principal business address is 312 West Bute Street, Norfolk, VA 23510. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority°s (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 November 19, 2002 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying ' the Project and the principals. (6) Attached as Exhibittt is a letter from the appropriate City department commenting on the Project. Very truly yours, Chairman RGJ/GLF/rab Enclosures 11/22/2002 14:22 FAX 002 EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot KAUFMAN & CANOLES, GEORGE L. CONSOLVO 150 W MAIN ST NORFOLK VA 23510 REFERENCE: 10236406 9974660 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Co~on- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PU}~LISHED ON: 11/05 11/12 AD SPACE: 70 LINE · .. Au~hofl~ 4~.. A~!~f) ;v~...~i~lm~ :1~.222: Cent~L. ,~m. Av,~ ·su~.~o. · . on ~.:pl~ 0t~M~f.YD~.M*~.C~fi~U~O ~?~ ~ ~u.' ~tu~lo. ~t~'~,:.~.~r; . · · will al~o ' hea~n~.:~l~'-.m~.~d~ or ~o~, ~1 ~ ~.'at .Si~' · ' is~,ad~0f'~e:;.~ ~t~i'~l~'..~(-n,tu~ .~f.~e ~J~ '~ . . ap~"i~:bl~.~l,=:~:~d~:~~n~.r~ '- . ~e A~J ~ld~ ~. :'.-' ' .: ~ -', : '.' '- .' .: _: ......~+~..~, ~-.-.,.- -'~D~ : '. ~ ~'~~_ ' TO~'AL COST: 474.60 FII,ED ON: 11/],5./02 ~~ / Subs~ribedan~ s~t~rn to b~for9 ~ in my c~ty and state on the day and year afor~ai~ ~ ~ ~~thi~ ~da~ of No~ar~: '"~..s..s~G'~3C) t'"r"~.~0,~,~:~~My commission expires January 31, 2004 EXHIBIT B NOTICE OF PUBLIC HEARING BY THE CITY OF VIRG/NIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS Notice is hereby given that the City of Virginia Beach Development Authority (the Authority) whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of finance of Young Men's Christian Association of South Hampton Roads, a Virginia non-stock, non-profit corporation (the Company), the principal business address of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of its recreational facilities revenue bond in an mount not to exceed $3,500,000 to assist the Company in permanently financing the renovation/expansion arid 'equipping, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center, of the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451 (the Project). The Project will be owned by the Company. The proceeds of the bond will also finance a portion of the cost of issuing the bond. The public heating, which may be continued or adjourned, will be held at 8:30 a.m. on November 19, 2002, before the Authority at its office. The bond will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the Company. Any person interested in the issuance of the bond or the location or nature of the Project may appear and be heard. A copy of the resolution to be considered by the Authority after the public heating is on file and is open for inspection at the Authority's office during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN THE VIRGINIAN'PILOT ON TUESDAY, NOVEMBER 5, 2002 AND TUESDAY, NOVEMBER 12, 2002 #798357 vl 99~0393 ~th VA 23702 i, 1998, recorded In the y of Portsmouth, VA, in bed in Deed Book 1246 the original sum of ;tee, will offer for public ourthouse of the CRY of et, Portsmouth, Virginia. :)petty described in said md briefly described as: ~ in the Clerk's Office Vir~nla in Map Book 26 ~il[ be sold 'AS DS" and nd. The sale is subject lents and restrictions, if md lawfully affecting the cobeotor. .-posit of $5,900.00 will :e to be paid within 14 ~ditioeat terms may be ONTACT: Julian A. Bry- arks Avenue, Suite 800, 757437-9500 9975160 CA 23434 hal principal amount of I.OOOOG% from ARLENA ed August 27, lg99, ~ Court for the CITY OF AND RE-RECORDED AS undersigned appointed auction in the CITY OF Courts buildin~ located November 22, 2002 at i ON THAT PARTICULAR . MILL SECTION FOUR, ', RECORDED IN PLAt' OF THE CIRCUIT COURT I Idap No. 253129500) DTOR. 3osit of $8,500.00 or e required In cash. cer- teen (15} days of sale. dditicnat terms to be Rio NO. 02-75316V. OF VIRGINIA, Substi- 240 Clearfield Avenue, r-8777. ]2 9972144 ~. VA 23707 In execu- ~mount of $35.650.00, ~ey G. Moors. Jr. dated of the Circuit Court of 1054, at page 1678. Note thereby secured he undersigned Substi- at the entrance to the th, Virginia, on Novam- arty described in smd y desto'had as: Begin- rme 100' South of the ~riatic (Fonnedy Rrst) ~e East side of Florida Street 140' to a 15' eno 30'; ~hence West, nt of beginning, with deposit of $2,500.00, Jla time of sale with ]te oi' sale. Additional ursuant to the Federal ou that this firm is a less referred to herein ~at purposa. Samuel I, ~unloation from B debt lei I. White, P.C. r~inia Beach, Virginia t.m. and 11:30 a.m. 9975593 · , Virginia 240) s of e certaia Deed of I ~inclpar amount of of the Cimuit Court of 4156, page 44, the itc auction for cash on e building housing the Chesapeake, Virginia, ntlUed 'Section Three ·ded in thi~ aforesaid ., (including the lien of ;ovanabts, and condi- ~ould be disclosed b f 1,500.00 at time c ;. The successful bid- Tmstee's Sale outlin- :h will be available for 9979230 ~ principal amount of .5% f~om Vincent G. 1~'s Office of the Cir- Deed Book 2189, at t of the Note thereby a~d Note. the under- public auction at the of Chesapeake, 307 ember 25, 2002 at deed, located at the information we obtain vdll be used for that purpose. Samuel I. White For information contact: Samuel I. White, P.C. (2693-02/VA) 209 Business Park Drive virginia 'Beach, Virginia 23462 757-457-1460 Call Between 9:00 a.m, and 11:30 a,m. ASAPS04846 VP October 29 and November 5, 2002 9974858 TRUSTEE SALE 204 Harrier Street Virg~ia Beach, VA 23462 In execu- tion of a Deed of Trust in the original principal amount of $6~,127.00, with an annual interest rate of 8.50% from Andre D. Lopez and Jasmin Lopez dated February 2, .2000 recorded in the Clerk's Office of the Cir- cuit Court of the City of Virginia Beach. Virginia, in De~cl Book 4201, at page 2057 default having occurred in the payment of the Note thereby secured and at the request of the holder of sa d Note. the under- signed Substitute Tmstes will offer for sale at public auction at the entrance to the Law Offices of Samuel I. White, P.C., 209 Business Park Drive, Virginia Beech, Virginia, on November 19,-2002 at 2:00 o'clock p.m. the propeCc/described in said deed, located at the above · address and bdefly described as: Lot 3, Black R, Northndga, Section I with improvements thereon. Terms of sale: cash: A deposit of $5.000.00, cash or certified check, w be required at the t me of sale with settlement within fifteen (15) days fron', the date cf sale. Addi- tional terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Collection Practices Act, we advise you that this finn is e debt collector attenlpUng to collect the indebtedness referred to herein and any information we obtain will be used for that purpose. Samuel I.. White, P.C.. Substitute Trbstee This is a communication from a debt collector. For informatico contact: Samuel L White, P.C. (1102-02/FHA) 209 Business Park Drive Virginia Beach, virginia ~3462 757-457-1460 - Call 6stween 9:00 a.m. and 11:30 a.m. ASAPS04848 VP October 29 and November 5, 2002 9974835 TRUSTEE SALE 4653 Mebtmac Lane Virginia Beach, 'VA 23455 In execution of a Deed of Trust in the original principal amount of $56 000.00, with an annual interest rate of 11.55% ~'ora Calvin C. James dated November 5, 1998 recorded in the C~erk s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3978, at page 1698, defoult having occurred in the payment of the Note thereby secured and at the request of the holder of said Note, the undersigned Substitute Trustee will offer for sale at public auction at the entrance to the Law Offices of Samuel I. White, P.C., 209 Busi- ness Park Ddve, Virginia Beach, Virginia, on November 19, 2002' at 2:05 o'clock p.m, the Ixoberty described in said deed, located at the above address and briefly described as; Lot 23, Beyside Villas. with impmvameats thereon. Terms of sale: cash: A deposit of $5,000.00, cash or ce~fled check, will be required at the time of sate with settlement within fdteen (/5l days from the date of sale. Additional terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Collentleo Practices Act, we advise you that this firm is a debt collector attempting to collect the indebtedness refened to herein and any information we obtain will be ,',sad for t~t purpose. Samuel I. White, P.C., Substitute Trustee This is a communication from a debt collector. For Information contact: Samuel I. White, P.C. (0540-02/CONV) 209 Business Park Drive Virginia Beech, Virginia 23462 757-457-1460 - Call Between 9:00 a.m, 'and 11:30 a.m, ASAP50~-850 VP October 29 and November 5, 2002 gg748'20 TRUSTEE'S SALE OF 1058 COMMONWEALTH PLACE. VIRGINIA BEACH, VA 23464 In execution of a Deed of Trust in the odginat principal amount of $51,500.00. with an annual interest rate of 7.50000% from LILUAN M. OLSEN dated March 1, 2001, rec(xded among the land records of the cimuit Court for the CITY OF VIRGINIA BEACH in Deed Book 4375 AT PAGE 0/50, the uaderalgned appointed Substitute Trustee will offer for sate st public auction in the CI'[Y OF VIRGINIA BEACH~ at the front door of the law firm of Stmp~ro & Bursrm. LLP, 240 CleerffeJd Avenue, Suite 321, Virginia Beach. Virginia on November 18, 2002 at 11:30 A.M., the property with improvements to wit: LOT 6, IN BLOCK M. AS SHOWN ON THAT CERTAIN PLAT ENTITLED "SUBDIVISION OF PARCEL 'K4~' LEVEL GREEN TOWNHOUSES, SITE III, PART I. KEMPSViLLE BOROUGH. VIRGINIA BEACH, ViRGINIA', WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE O~c THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINL~. IN MAP BOOK 164, AT PAGE 38. and described in the above Deed of Tr~st. (Tax Niap No. t 456-41-99890000). THIS COMMUNICATION IS FROM A DEBT COLLECTOR. ~RM$ OF S~LE: ALL CASH. A bidder'e deposit of $5,100.00 or 10~ of the sale price, whichever is lower, will be re~luired In cash, car- tiffed o~ cashier's check, Satflernent wlthia fifteen'tlS} days of sale, otherwise Trustees may forfeit deposit. Additional terms to be announced at sale. Loan type: CON. Tmstae's Rio No. 02-75359D. PROFESSIONAL FORECLOSURE CORPORATION OF VIRGINIA, Substi- tute Trostees, C/O SHAPIRO & BURSON, LiP, 240 Clearfiatd Avenue Suite 321, Virginia Beach, VA 23462 (757) 687-8777, VP NOVEMBER 5 AND 12, 2002 9985496 NOTICE OF TRUSTEE'$ SALE - In executian of a certain deed of Lust'dated January 25, 1994 and recorded on February 1, 1994 rt tpa Clerk's O(flca of the City of Vir- ginia Beach. Virginia, IN DEED BOOK 3342, PAGE 1292, from the Francis A. Garner to Lmda Johnson Holtz, Trustee(s), and default hav- ing been made in the payment of the debt secured, and at the request of the beneficiary under said deed of trust the undersigned, having been duly appointed Substitute Trustee(s), has declared all the debts and obligst~ons secured by the deed of Vust due and payable and wtil offer for sale at public auction to the highest bidder In front of Virginia Beach Cimuit Courthouse 2425 NimroD Parkway Virginia Beach, Vir- ginia 23456, on November 21, 2002, at 8:30 A.M., the following described property located at 604 Johnson Street Virginia Beacfl, Vir- ginia 23452, and more particulariyde~cribed as FOLLOWS. TO WIT: ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND WITH THE BUILD- iNGS AND IMPROVEMENTS THEREON, SITUATE IN THE LYNNHAVEN MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VIRGINIA (NOW THE CITY OF VIRGINIA BEACH. VIRGINIAi AND KNOWN, NUMBERED AND DESIGNATED AS LOT 40, ON THAT PLAT ENTITLED 'PLAT'OF LIITLE NECK VILLAGE EXTENDED", WHICH PLAT WAS MADE BY W.B. GALLOP MARCH, 1955, AND DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 3B, AT PAGE 55. This conveyance is subject to all easements, restrictions, conditions, and reservations of record affecting the tiUe to the property herein- above described. The beneficiary rose.es [he dgnt to bid at said sale. TERMS OF SALE: Cash, certified funds, cashiers checks, trust account checks, A bidder's deposit of TEN percent (10%) MAY be required on date of sale with settlement in full to be made within 15 days from date of the said sale. This notice is an aL'tempt to collect a dedt and any information obtained will be used for that purpose. TS#: 02-V9823VA Loan Type: VA/VA For Information Contact: SPECIAL[ZED/NC., OF VIRGINIA, SUBSTITUTE TRUSTEE 722 E MARKE~ STREET Suite 200 LEESBURG. VIRGINIA 20176 P.C., Substlfuta Trustee This i$'e VP October 2e and November 5, 2002 from e debt cqllector 9975014' TRUSTEE'S SALE 1536 Snowbird Court, Virginia Beach VA 23454 In execution of a deed of Lust dated June 29, 1998, reco~ed in the Clerk'a Office of the C~uit Court of the City of virginia Beach, VA, Jn Deed Book 3912, at Page 1110, securing a note drawn In the original cum of $61,450.00, the undersigned Substitute Trustee, will offer for bubllc sale on the front steps of the Judicial Center for the City of Vir- ginia Beach (Court Building No. 10). 2425 NimroD Parkway, Virginia Beach, VA, on Oecamber 3, 2002 st 10:00 a.m.. the property ddscdbed in Said deed of trust, located at the above address and briefly described as: Lot 2526, 'Resubdivision of Lots 224 thru 230 and 244 thru 262, Redwing. Section Two, Prince;.s Anne Borough, Vir. ginia Beach, Virginia', recorded in the aforesaid Clerk's Office In Map 8ook 156 at Page 25. The p~oberty and the improvements thereon will be sold 'AS IS" and without representation or warranties of any kind. The sale is subject to all liens, encumbrances, conditions, easements and restrictions, if any. superior to the mentioned deed of tiust and lawfully affecting the property. This is a communicafiee from a debt collector. Terms: CASH or certified funds. A bieder's depeait of $7,700.00 v~ll be required with the balance of the sale price to be paid within 14 days at the office of the Substitute Trustee. Additional terms may be announced at the sale. FOR INFORMATION CONTACT: Julian A. B~- ant, Jr., Substitute Trustee or Molly, at 2101 Parks Avenue, Suite 800, Virginia Beach, VA 23451. Phone: 757-437-9500 (VA/02-19420/ Martinez). VP November S and November 12, 2002 9975142. TRUSTEE SALE 1420 Rust Drive. Virginia Beach, VA 234554219 In execution'of a Deed of Trust In the original principal amount of $180,000.00, with an annual interest rate of 6.75% from Ivan James McMahon Jr. dated May 3,1999 recorded in the Clerk's Office of the Circuit Court of the City of Virginia 6each, VJrgir~a, Jn Deed Beak 4076; at page 2141, default having occurred in the payment of the Note thereby secured and at the request of the holder of said Note, the under-signed Substitute Trustee will offer for sale at public auction at the entrance to the Law Offices of Samuel I. White, P.C., 209 Busi- ness Park Drive, Virginia Beach, Virginia, on November 14, 2002 at 2:30 o'clock p.m. the property deschbed in said deed, located at the above address and briefly described as: Lot 85, Thoroughgood Estates, Section One, with Improvements thereon. TERMS OF SALE: CASH: A deposit (~f $15,000.00, cash or certified check, will be required at the time of sale with satttement within fif- teen (15) days from the date of sale. Additional terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Col- tactine Practices Act, we advise you that this firm is a debt collector attempting to cbtlect the Indebtedness referred to herein and an informatlco we obtain will be used for that purpose. SAMUEL I. WHITE. P.C., Subsbtute Trustee This is a communication from a debt collector. FOR INFORMATION CONTACT: SAMUEL I. WHITE, P.C. (4482-02/CONV) 209 Business Park Drive . Virginia Beech, V~rginia 23462 757-457-1460 - Call Between 9:00 a.m. and 11:30 a.m. VP November 5, 2002 and November 12, :~002 ,g968408 NOTICE OF TRUSTEE'S ~ALE In execution of a certain deed of t~ust dated June 5. 1996 and recorded on June 5, 1996 ia the Clerk's Office of the City of virginia 8each. Virginia, AS INSTRUMENT #0081337, IN DEED BOOK 362it, PAGE 1837, from the Odginal Bermwe{(s) to B.H. Hansel It, and M.D. Barnes. Jr., Trustee(s). and default'having bean mede in the paymant of the debt secured, with the original principal balance of $40,000.00, and et the request of the beneficiary under said deed of bust the undersigned, having bean duly appointed Substitute Trustee{s), has declared all the debts and obligations secured by the deed of trust due and payable and will offer, for sale at public euctJan to the highest bid- der in front of Virginia Beach Cimuit Courthouse 2425 Nimmo Park- way Virginia E~ech, virginia 23456, on November 21, 2062, at 8:30 A.M., the following described property located at 3480 Bancroft Drive Virginia Beada, Virginia 23452. and more particularly descobed.as ,FOLLOWS. TO WIT'. All that certain lot, piece or parcel of land. with ~ha buildings and Improvements thereon, s~tuate, located ia the City of Virginia Beach, Virginia, known and designated as Lot E in Blocks 42 & 53, as shown on that p~at entitled ':Subdivision plat of Lot 7 and parcel B, Block 42 & 53 (M.B. ~21. P. 14); Lots I & 2, Block 16 (M.8, 139, P. 38); Pecan Gardens Subdivision, Ly~nhavan Borough Barnum, Virginia Beach, Vi~inia', which said plat is duly recorded in the Clerk's Office of the Circuit Cou~ of the City of Virginia Beach, Virginia, in Map Book 146, at page 55. This conveyance is subject to all easements, restrictions, conditions. and ressrvst cos of record affecting the t tie to the p¢operty berein- above described. The beneficiary reserves the right to bid at said sale. TERMS OF SALE: Cash. certified funds, cashiers checks, trust account checks. A bidder's deposit of TEN percent (10%) MAY be required on date of sale with setlJement in full t.o be made within 15 days from date of the said sale. ' · This notice ia an attempt to con,ecl; a debt and any'information obtained will be used for that purpose. TS#: 02-V9B31VA Loan Type: CONV For Information Contact; SPECIALIZED INC,, OF VIRGINIA, SUDSTITUTE TRUSTEE · 722 E MARKET STREET Suite 200 LEESBURG. VIRGINIA 20176 (703) 77~0C)80 Cell between 9 AM - ~ AM EST ONLY VP October 2g, November 5,12, 19. 2002 9974342 Tmstes's Sale 22244 Woods Trail, Franklin, Virginia (Tax Map ID No, 63A'l-13J Default having been made in the terms of a certain Deed of Trust dated November 22, 1997, in the original principal amount of $80,343.35 end recorded in the Clerk's Office of the Cimuit Court of the County o! Southampton, Virginia in Deed Book 437, at page 369, the undersigned Substitute Trustees, will sell at public auction for cash on November 13, 2002, al 12:15 p.m., in front of the buildiqg housing the Southampton County Circuit Court, 22350 Main Street, Courtiand, VA, the property designated as Lot 13 containing 24,739 sq. ft..and shown on a plat entitled "Physical SuP'ay Showing Lot 13, Section I, Edgahill. Located on Route 706, At Edgahilt Drive, Franklin Magisterial District, Southampton County, Virginia', a copy of said plat is duly recorded In the aforesaid Clerk's Office in Deed Book 273, at NOTICE OF PURLIC HEARING ~A Pub c Headng w be held by the Chesapeake City'Councd 0~ Tues- day, November 19, 2002 6:30 p.m. in the Council Chamber, City Ha~l Building, 306 Cedar Road, to con. sider the following petitions: R(C~02-27' PROJECT: Foxgate Forest, Phase 2 APPLICANT: SIMAD Development Corporation AGENCY: Hnggard/Eure Associates, P.C. PROPOSAL: Acanventional zoning reclassification for 5.762 acres from RE-/Residential Estate Diatrlct 15.721 acres) and R:/ss Single. family Residential District [0.041) to R-lOs Single4amily Residential Disbtct PROPOSED LAND USE / DENSITY: Single-family Residential / aparoxJmataly 3.2 units per acre EXISTING EANO USE PLAN/DENSITY: Suburban Single-family / one unit par acre tp something less' than four units per acre. LOCATION: North side of Parker Road between Sandy HJ~I Way and Meridian Ddva TAX ~ .SECTION/PARCEL: 0594005000001 BOROUGH: Pleasant Grove Pmrmr:The ap~lceet/own~r ~g~ not to eubdlvlda the ~ub]ect prape~ty Into mom Urn,/5 Iot~. ALL INTERESTED PARTIES APE INVITED TO ATTEND AND BE HEARD AT THE PUBLIC HEARING. Council meetings are telecast live an WCTV-48. The City of Chesapeake will attempt to make reasonable accommoda-. tides and ser~icas necessary for eaesary impaired and disabled citi- zens. Citizens'w~o wish to receive such eccammedatiops must con- ~nt Mr. Robed L. Copaland, Director of I~tergovemmental Affairs (382-6191), within three working days prior to the meeting. DOLORES A. MOORE, MMC City Clerk VP November 5 and November 12, 2002 9984745 NOTICE OF PuBuc HEARING 8Y ' THE CITY.OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENE~IT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HM4PTON ROADS Notice is hereby given that the City of VirgiNia Beech Development Authonty ('the AuthorRy) whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public headng . en the plan of finance of Young Men's Christian Association of South Hampton Roads, a Virginia non-stack, ncc-profit corporation (the Cora- l pany), the principal business address, of which ia 312 West Bute SVeot, Norfolk, Virginia 23510, for the issuance by the .industrial Development Authority of Mathews County, Virginia (the Mathews Authorffy) of its recreational facilities rov~.~ue bond in an amount nnt to exceed $3,500,000 to assist the Company in parmanenUy financ- ing the renovatJon/eAosnsion and equipping, including new aembica Studio, youth g~mnasium, ecbv~ty comer, locker rooms, and expanded fitness center and child care center, of the Hilltop Family. YMCA located at 1536 Laskin Read, Virginia Beach, Virginia 23451 (the Project). The Project will be owned by the Company. The praceeds of the bond wit also finance a po~ian of the cost of issuing the bond. The public headng, which may be continued or adjourned, will be held st 8:30 a.m. on November 19, 2002, before the Authority at its office. The bond will not pledge the credit er the tax/nc pmrer of the City of Vir- ginia Beach, Virglrua, Or the Authority but will be payable solely from revenues derived from the Company,' Any parson Interested tn the Issuance of the bend or the location or nature of the ProJect may appear and be heard. A copy of the resolution to be considered by the Authority affer the puhlic beadng Is co file and Is open for ipspection at the Autherity'a office dunng business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VP Noven~ber 5 and November 12, 2002 9974660 NOTICE OF PUBUC NEARING A Public Headng will be held by the Chesapeake City Council co Tues- day, November 19, 2002 6:30 p.m. in the Council Chamber, City Hell Building. 306 Cedar. Road. to consider the following peUtions: TA-Z-02-O~ An ordinance amending Appendix 'A" of the Cbesape~ke CRY Code, ebtltMd "Zoning,' Section 14-707 thereof.* to allow signs in unim- proved public dgnt-of~vay under certain conditions. TA-Z-02*09 An ordinencq amending Appendix "A' of the Chesapeake City Code. entitled 'Zeeing," Section 19-411.B.27 and C, thereof, to modify park- ing requirements for churches. TA-Z-02-10 An ordlnan~re amending Appendix "A'. of 'the Chesapeake City Code, entitled 'Zoning,' sections 16-102, 17-102, 17-103 and 17-104 t~reof, to m~di~y eppl;cation rsclulrements for rezcolng and condi- t~el use permits. A RI~OLUTION TO AFF1RM THE ESTA~t:IeHMENT OF THE URBAN, SUBURBAN, COUtR'RYSIDE AND RURAL OV~RI.A~' DISTRICT AND ALL REZONING~'THERE UNDER. TA-Z-02.04 (REV) ,AN ORDINANCE MODIFYING CERTAIN PORTIONS OF THE AMEND- MENTS ADOPTED ON OCTOBER 15, 2002 TO APPENDIX 'A' OF THE CHESAPEAKE CITY CODE, ENTITLED 'ZONING,' SECTIONS 19-708, 19-709 AND 19-712 THEREOF, TO REDUCE .FEES IN LIEU OF OPEN SPACE REQUIREMENTS FOR MULTN:AMILY, PLANNED UNIT DEVELOP* MENT, GROUP HOUSING FOR TRE ELDERLY AriD OTHER RESIO~NTIAL OEVELOPMENTS WHERE IMPROVED PRIVATE PARK~ ARE PROVIDED. ALL4NTERESTED PARTIES ARE INVITED TO A~fEND AND BE HEARD'AT TNE PUBLIC HEARING. Council meetings are.~elenast live on WC'IV-48. The City of Chesapeake will attempt to make reasonable accommoda- tions end services necessary for sensory impaked and dlssbled citi- zens. Citizens who wish to receive such agcomp~odstice$ must con- tact Mr. Robert L. Copeland, Director of'*lnte~govemmental Affairs 1382-~191), within three working days ~*ior iD the~meeting. DOLORES A. MOORE, MMC ~ City Ciera YP November 5 and November 12, 2002 . 9984699 PUBUC HEARING The Council of the City of Norfolk will coaduct a PUBLIC HEARING In the Counoil Chamber. eleventh floor, CRy Hall Building, TUESDAY. NOVEMBER 19, 2002 at 2:30 P.M., pureuar)~ to State Law on the fol- lowing applications: OLD DOMINION REAL ESTATE FOONDATION,'for the followiag applica- tions co property fronting 530 feet, more or tess, along' the westam line of Kiliam Avenue, beginning at the western prolongation of the southern line of 44th Street and extending:northwardly. The rectsngu- tar shaped site also extends 570 foot, mqre or less, westward from rdllam Avanue. The Seceral Plan of Norfolk; 1992, ddpicte the ama as both ledustrial/[ransportaUon/ublity and high density residential. The purpose of this edplicatico is to develop student hdpsing.' ,Ik,'VA 23434 In execution of 8 l~uof of $95,829.00, with an irt McMqqthy dated December ! the Cimuit Coqr[ of the City of ,15330, at page'470, default ore thereby secured and at the mdeesigned Substitute Trustee the enb'ance to the Godwin t, Suffolk, Virginia, on Novem- he property described in said J briefly described as: Lot 57, wntlouses. Phase Four", with ~sh: A deposit of $7,500,0~ ~d at the time of sale with n the date of sale. Additional = sale, Pursuant to the Federal advise you that this firm is a Mebtadnass referred to heroin ed for that purpose. Samuel L a eammunication from a debt el I. White, P.C. (2709-02/VA} s Beach, Virginia 23462 and 11:30 a.m. ASAP504833 9975105 ~h, VA 23701 In execu- ncipal amount of $71,421.00, t Chadas D. Parker, Jr. dated ; Office of the Circuit Court of d Book 1219, st page 1652, of the Note thereby secured Note, the undersigned Substi- ~ct/<x~ at the entrance to the, rtsmouth, Virginia, on Novem- ~e property described in said I briefly described as: Lot 99, eats thereon. Terms of sale: ertiBed check, will be required ~in fifteen (15) days from the nnounced at the time of sale. ."(ion PractJcos Act, we advise erupting to collect the indebt- nation we obtain will be used Substitute Trustee This is a r informabon contact: Samuel ~ss Park D~ive Wginia Beach, .,tween 9;00 a.m. and 11:30 9974999 Jvc Chesapeake, VA 23321 In original principal amount of ate of 6.75% from .~:mathan recorded in the Clerk's Office poake. Virginia. in Deed Book .-urred in the payment of the ~t of the holder of said Note, Jffer for sale at public auction rt of the City of Chesapeake, ia, on November 13, 2002 at d In said deed, located at the : Unit #4-2-106R, The Mead- tamst in the common areas. 0.00, cash or certified check, settlement within fifteen (15) 1 *ms may be announced at the Debt Collection Practices Act, ~lloctor attampbng to collect any Information we obtain will lite, P.C,, Substitute Trustee ~ct~'. For infon~ation contact: 20~ I~uSineSs Park Drive Vir- 60 - Call Between 9:00 a.m. 2 9960393 ~moufh VA 23702 ~e 26, 1998, recorded Jn the e City of Portsmouth, VA, in recorded in De~d Bo~k 1248 ,n In the odginal sum of Trustee, will offer for public ur[ Courthouse of the City of S~est, Por[s~nouth, Virginia, te proper~ described in sam ass and briefly described as: 'ecorded In the Clerk's Office ,aka, Virginia in Map Book 26 eon wril be sold "AS IS" and rO, kind. The sale is subject esements and restrictions, if t~st and law~ily affecting the debt collector. r's deposit of $5,900.00 will ., price to be paid within 14 ea. Additional terms may be ~ CONTACT: Julian A. Bry- 01 Parks Avenue, Suite 600, Phone: 757-437-9500 9975160 : OF )LK. VA 23434 original principal amount of · of 8.00000% from ARLENA dated August 27, 1999, .Circuit Court for the CITY OF t30 AND RE-RECORDED AS the undersigned appointed u~lic auction in the CITY OF dwin Courts buildin~ located ] on November 22. 2002 st to wit: IOWH ON THAT PARTICULAR ETT'S MILL SECTION FOUR, ~INIA", RECORDED IN PLAT ROE OF THE CIRCUIT COURT TRUSTEE SALE 411 Shorebird Lane Chesapeake, VA 23323 In exec~ flon of a Deed of Trust In the edglnal principal amount of $118,610.00, with an annual interest rate of 7.25% from Scott F. Wil- liams and Lisa C. Williams dated June 11, 1998 recorded in the Clerk's Office of the Circuit Court of the City of Chesapeake, Virginia, in Deed Book 3685. et page 504 and modified In Deed Book 4105, at page 162, default having occurred in the payment of the Note thereby secured and at the request of the holder of said Note, the under- signed Subsbtute Tmstea will offer for sale at public auctJea at the main entrance to the Cimuit Court of the CIt'j of Chesapeake, 307 Albemarle Drive. Chasapooke, Virginia, on November 19, 2002 et 10:30 o'clock a.m. the propafty described in said deed, losated at the above address and ~iefly described as: Lo{ 23, Deep Creek Creesfol~, Sectio~ 3,' with improvenlenta thereon. Terms of sale: sash: A deposit of $10,000.00, cash or certified check, will be required at the bme Of sale with settlement within fifteen (15) days freo~ the data of sale. Additional terms may be announced at the time of sale. Pureuervt to the Federal Fair Debt Collectlc~ Practices Act, we advise you that this firm. is a debt cohector attempting to collect the indebtedness' retorted to herein and any i~formation we obtain will be used for that purpose. Samuel I. White. P.O., Substitute Trustee This is a communicabon Iron1 a debt collector. For information contact: Samuel I. Wllite, P.C. (OB95-O0/FHA) 209 Business Park Drive Virginia Beach, Virginia 23462 757-45%1460 - Call Bebveen 9:00 a.m. and 11:30 ASAPS04852 VP October 29 and November 5, 2002 9974794. TRUSTEE'S SALE OF 911 Ga~eM Avenue Suffolk VA 23434 In execu- tion of a Deed of Trust in the odginal principal amount of $31,500.00, from Roland Franklin sod Yvonoe Franklin, Grantol~s), dated 11/09/1998, recorded among the land reco~s of the Ck'cuit Coort for the City of Suffolk on 11/18/1998 es instrumeof # 980012216, in BoOk 620, Page 496, the u~A~rsigned appointed Sube~tute Trustee will offer for sale at public auction at the front steps of the Court- beusa for the Circuit Court of.the City of Suffolk, 150 North Main Street, Suffolk, Virginia on 1//26/2002 at 2:45 P.M., the property with improvements to wit: NI that certain lot or parcel of land, formerly in Nansemond County, Wginia, now Holy Neck Bore~gh, Suffolk, vir- ginia, on the nor~ side of the Seaboard Coast Line Beilrned Company, formerly Seaboard Nr Line Railroad, designated as Lot No. 2 On the map of BOSTON PARK, made by Roy Briniday, C.E., dated May, 1949, and recorded in the Clerk's Office of the Circuit Court of the City of Suffolk, Virginia. And more fully described in the above Deed of TrusL Commonly known as 911. Gar[ield Avenue Suffolk VA 23434. Tax ID: 348-P2. Terms of Sale: All Cash. A bidder's deposit of $2,900.00 or 10% of t~e sale pi'ice, whichever is lower, will be required in cash, caf- tiffed or cashier's check. Settlement within twenty (20) days of sale, othen~ise Trustee may forfeit deposit. AddiUonal terms to be announced at sale. Tnis notice is an attempt to collect on a debt end any information obtained will be used for that purpose. Lean Typo: Conv/Conv (Trustee # L84536VIR) SubstitUte Trustee: Drepor & Gold- berg, PLLC, 750 Miller Drive, Ste. C-1, Lseshplg, VA 20175, 703-777-7101, email; ChdstyA~clrabgold.com ASN~504386 VP October 29 and November 5, 2002 9968389 TRUSTEE SALE 1297 Fen~n Street Virginia Beech, VA 23464-0000 'In execuUon of a Deed of Trust in the odginal principol amount of $135,660.00, with an annual interest rate of 8.25% from Nexis E. Young and Amy Young dated December 28, 2001 m~rded in the Clerk's Office of Ina Cimuit Court of the City of Virginia Beach, Virginia, in Deed Book 4591, at page 1673, default having occurred in the payment of the Note thereby secured a~d at the request of the holder of said Note, the undersigned Substitute Trustee wih offer for sale at pubfic auction at ~e ehtrenoe to the Law Offices of Semud I. White, P.C., 209 Business Park Drive, Virginia Beach, Virginia, On November 19, 2002 st 2:00 o'clock p.m. the prodarty desc~oed in'said deed, located at the above address and briefly described as: Lot 1, Indian River Crossing (reference Deed D.B: 4364, Page 360), with Improye- rnems thflfeoB. Terms of sale; cash; A deposit of $10,000.00, cash or certified check, will be required at the time st sale wffh settlement within fifteen (15) days from the date of sale. Additi~al terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Col- lection Practices Act, we advise you that this firm is a debt' collector attempting to collect the indebtedness referred to berain and an~ InformaUon we obtain will be used for that purpose. Samuel L White P.C., Substitute Trustee This *s a communication from a debt collector For information contact: Samuel L White, P.O. (2693.02/.VA) 209 6usiness Park Drive Virginia Beach, Virginia 23462 757-457-1460 - Call Betweac 9:00 e.m. and 11:30 a.m. ASAPB04846 VP October 29 and November 5, 2002 997~858 TRUSTEE SALE 204 Harder Street virginia Beach, VA 23462 In execu- tion of a Deed of Trust in the original pdncibel amount of $66,127.00, with an annual interest rate of 8.50% fi'om Andre O. Lopez and Jasmin Lopoz dated Februa~/2, 2000 recorded in the Clerk's Office of the Cir- cuit Court of the City of Virginia Beach. Virginia, in De~ Book 4201, at page 2057, default having cocunrad in the payment of the Note thereby secured and at the request of the holder of said Ncte, the under- signed Substitute Trustee will offer for sale at public suction st the entrance to the Law Offices of Samuel I. White. P.O., 209 Business Park Drive. Virginia 6each, Virginia, on November 19,'2002 at 2:00 o'clock p.m. the propor'O' described in said deed, located at the above address and ~tefly described as: Lot 3, Block R, Northridge, Section 1, with improvements thereon. Terms of sale: cash: A deposit of $5,000.00, cash or ceftified check, will be required st the brae of sale with settlement with:n fifteen (15) days from the date of sale. Addi- tional term~ may be arm~nced at the time of sale. Pursuant to the Federal Fair Debt Collection Practices Act. we advise you that this firm is a debt collector attempting to collect the indebtedness referred to herein and any inforrnetiun we obtain will be used for that purpose. Samuel t. White, P.O., Substitute Trustee This is a communjcstion from a debt coriector. For information COntact; Samuel L White, P.C. (ll02.02/FHA) 209 Business Park Drive Virginia Beach, virginia 23462 757-457-1460 - Call Between 9:00 a.m. and 11:30 a.m. ASAP504848 VP October 29 and November 5, 2002 9974835 TRUSTEE SALE 4653 Merrimac Lane Virginia Beach, VA 23455 In execution of a Deed of Trust in the odginal principal amount of $56,000.00. with an annual interest rate of 11.55% from Calvin C. James dated November 5. 1998 mcurded in the Clerk's Office of the Cimuit Court of the City of Virginia Beach, Vi~inia, in. Deed Book 3978, at page 1898. default ha~ing uccu~ed in the payment st the Note thereby secured and at the request of the holder of sam Note. the undemigned Subsbtute Trustee will offer for sale at public aucbon at the entrance to the Law Offices of Samuel L White, P.C., 209 Besl- n~ss Park Drive, Virginia Beech. V~rgin/a. On November 19, 2002 et 2:05 o'clock p.m. the property described in said deed, located at the above address and briefly described as: Lot 23, Beyside Villas. with TRUSTEE SALE 4217 Canebmke CouR Vir~inis Beach, VA 23456 In execution of a Deed of Trust in the onginel principal amount of $184,650.00, bom Ernest F. Lewis dated September 15, 1998 recorded ia the Clerk's Office of the Circuit Court of the City of Vi~nia Beach, Virginia, in Deed Book 3953, at page 1698, default having cocurmd in the payment of the Note thereby secured and at the request of the holder of said Note, the undersigned Substitute Trustee will offer fo~ sale et publle auction at the enlmnce to the Law Offices of Samuel I. White, P.O., 209 B~slnesa Park Drive, Vi~nis Beach. Vir- ginia, on Novembe~ 19, 2002 at 2:05 o'oleck' p.m. the property described In said deed, located at the above a~dress and bde~ described as; Lot 48, Rillcrast Farms. Phase IA, wiU~ improvements thereon. Terms of sate: cash: A deposit of $15,000,00, cash br certi- fied check, will be required at the time of sale with sattlameat within fifteen (15) days from the date of sale. Additional terms may be announced at the time of sale. Pursuant to the Federal Fair Debt Col- lection Practices Act, we advise you that this firm Is a debt collector attempting to collect the indebtedness referred to herein and an: informabon we obtain will be used for that puq~ose. Samuel I. White P.C., Substitute Trustee This is a communication bom e debt collector For Information contact:. Samuel I. White, P.C. (2726-02/VA) 209 Business Park Drive Virginia Beach, Virginia 23462 757-457-1460 - Call Between 9:00 a.m. and 11:30 a.m. ASAPS04837 VP October 29 and November 5, 2002 9975090 TRUSTEE SALE 3817 Aberdeen Court vi~inia Beach, VA 23456 In execuUon of a Deed of ·Trust in the original principal amount of $87,035.00, ffom Billy R.Elkins a/k/s Billy R.Eildns Sr. and Tharan L Elkin's dated April 2, 1999 recorded In the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4059, at page 1718, default having occurred in the payment of the Note thereby secured and at the request of t~e holder of said Note, the under. signed Substitute Trustee will offer for sale at public auction at the entrance to the Law Offices of Samuel I. White. P.C., 209 Business Park Drive, Virginia 6each, Virginia, on Noverober 19, 2002 at 2:00 o'clock p.m. the property described in said deed, located at the above address and briefly described as: Lot 24, Block A, Plat of Green Run PUD, Section H-2, Part 1, with Improvements thereon. Terms of sale: cash: A deposit of $7,500.00, cash or cort~ed check, will be required at the time of sate with settlement within Fdtaon {15) days from the PUBI. JC NOTICE Notice is hereby given that Scoff Rignll has applied for a permit from the Madne Resources Commission to dredge 580 cubic yards of bot- tom mbterial to create a mooring basin with an average project depth of minus slx feet (-6') at mean iow water and construct approximately 100' of buikheading at their property situated along Unkhom Bay In Virginia Beach. Send comments/Inquioes within 15 days to: the Marine Resources Commission, Habitat Manageme~ Division, 2600 Washington Avenue, 3rd Roof, NewportNews, Virginia 23607. THE CITY OF VIRGINIA BEACH DEVELOPMENT AUINORrrY FOR I~E BENEFIT OF A~PHALT ROADS & MAI~IAL~ CO., INC, .., Notice is hereby given that the City of Virginia Beach Developmebt Adthndty (the Authority) Whose address is 222 Central Park Avenue, ~ Suite 1000, Virginia Beach, Virginia 2346:2, will held a public hearing on the plan of ficance of Asphalt Roads & Materials Ca., Inc., a Vir- ginia corporation (the Company), the principal business address of which is 4901 Cleveland Street. Suite 2, Virginia 8each, Virginia 23462, for the issuance by the Auttmrity of its indusVial developtnent . revenue bonds, in an amodat not to exceed $2,200,000, to assist the Company in Tmancing the acquisition and Installation of'a new asphalt . manufacturing plant to be located at 4985 Euclid Road. Virginia Beach, Virginia 23462 (the Project). The Pmjest will be owned by the Com- pany. The proceeds of the bonds will also finance a ps,lion of the cost ' of issuing the bonds. The public headng, which may be continued or ad)oumed, will be held al. 8:30 a.m. on November 19. 2002, before ' the Authda~ In the conferenoe mom at its office. The bonds wdl nat ptedgn the credit or the taxing p~var of the City of Virg~n/a 3each. Vir- ginia, or the Authority but will be payable solely from revenues derived from the Company. Any person interested in the issuance of the bonds or the IocBtion or nature of the Project may appear and be heard. A copy of the recolubon to be considered by the Authority aRer ithe public hearing wilt be on file and open for inspection at the · Authodty's office during business hours Ixior to the public hearing. CITY OF VIRGINIA BEACH DEVELOPMENT · AUTHORITY data of sale.' AdditionBI terms may be announced at the time of sale. VP November 5 and November 1,?., 2002 9984418 Pursuant to the Federal Fair Debt Collection PrscUces Act, we advise YOU that this firm Is a debt cbltector attempting to collect the indebt' J C~ ' NOTICE OF PUBLIC HEARING edness referred to herein and any information we obtain will be used'A Public Hearing will be held by the ' for that purpose. Samuel I. White. P.O., Bebstitute Trustoe This Is a 'chesapeake C~ C~mcil on Tues- communication fram a debt collector. For infurmation contact: Samuel L White, P.O. (2728-02/VA) 209 Business Park Ddve Virginia Beach, day, November 19, 2002 6:30 p,m. Virginia 23462 757-457-1460 - Call 6etween 9:00 a.m. and 1.1:30 in the Council Chamher, City Hall Building, 306 Cedm' Road, to con- sider the following petitions: a.m. ASAPB04840 PROJECT: River's Edge · VP Octnder 29 and November 5, 2002 9975069 TRUSTEE SALE 3908 Arleen Court Vl~inla Beach, VA 23456 In'execu- tion of a Deed of Trust in the odgloal principal amount of · $104,109.00, with an annual.interest rate ef 6.50% from. Larry C. Hamitar and Nice G. Hamiter dated Decembar 16, 1998 recorded in the Clerk's Office of the Cimuit Court of the City of Virginia Beach, Vir- ginia, In Deed Book 4003, at page 996 and re-recorded in Deed Book 4012, at page 798, defabff having sccarmd in the payment of the Note thereby secared and at the request of the holder of said Nets, the undersigned Substitpte Trustee will offer for sale at public auction at the entrance to the Law Offdes of Samuel I. White, P.C., 209 Busi- ness Park Drive, Virginia Beach, Virginia, on November 19, 2002 at 2:00 o'clock p.m. the properly described in said deed, located at the above address and briefly descdhed es: Lot 14, in Block B, 'Plat of Green Run, P.U.D. Subdivision, Section D-3, Par[ I', with improve- manta thereon. Terms of sale: sash: A deposit of $10,000.00, sash or certified check, will be required at the brae of sale ~ settlement within fifteen (15) days from the date of sale. Additional terms may be announced at the Ume of sale. Pursuant to the Fedeiel Fair Debt COl- I~i0n Plastic; Act, we advise you that this firm is a deb~ collector attempting to collect the indebtedness refereed to herein and any information wa obtain WIU be used for that purpose. Samuel L White, P.C., Substitute Trustee This is e communication fram a debt colleofor. For information centabt: Samuel I. White, P.C. i2743-02/VA) 209 Business Park Drive Virginia Beach, Virginia 23462 757-457-1460 * Call Between 9:00 a.m. and 11:30 a.m. ASAPB04843 VP Octobe~ 29 and Nbvember 5, 2002 9975014 TRUSTEE'S SAL~ 153B Snowbird Court, virginia Beach VA 23454 le execution of a deed of trust dated June 29, 1998, recorded in the Clerk's Office of the Circuit Court of the City of Virgiitia Beach, VA, in Deed Book 3912, at Page 1110, secudng a note drawn in the original sum of $81,450.00, the undersigned Substitute Trustee, will off re' for public sale on the front steps of the Judicial Crofter for the City of Vir- ginia Beach (Court Building fiD. 10), 2425 Nimrod Parkway, Virginia Beach, VA, on December 3, 2002 at 10:09 a.m., the property described in said deed of trust, located at the above address and briefly described as: Lot 252.B, "ResubdMsion pf Lots 224 thru 230 and 244 thru 262, Redwing. Seebon Two, princess Anne 6O¢OlJgn, Vir- ginia Beach, Virginia", recorded in the aforesaid Clerk's Office in Map ook 156 at Pqge 25. The property and t. he improvements thereon will be cold 'AS IS' and without representation or warTandes of any kind. The sate is subject to all liens, encumbrances, conditions, easements end restrictions, if any, supedor to the mentioned deed of trust end lawfully affecting the property. This is a communication from a debt collector. Terms: CASH or carried funds. A bidpor's deposit of $7,700.00 will be required with the balance of the sale price to be paid within 14 ~ays at the office of the Substrtute Trustee. Additional torres may be announced at the sais. FOR INFORMATION COt~ACT: Julian A. Bry- ant, .Ir., Substitute Trustee· or Molly, at 2101 Parks Avenue, Suite 800, Virginia Bee;ch, VA 23451. Phone: 757-437-9500 (VA/02-19420/ Ma~inezJ. . VP November 5 and November 12, 2002 9975142 TRUSTEE SALE 1420 Rust Drive, Virginia Beach, VA 23455~219' In execution of a Deed of Trust in the original principal amount of $180,000.00, with an annual Interest rate of 6. 75% from Ivan James McMahon Jr. dated May 3, 1999 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in D~ed Book 4076, at page 2141 default having occurred in the payment of the Note thereby Secured and at the request of the holder ef said Note, the under-signed Substituta Trustee will offer for sale at public auction at the entrance to the Law Offices of Samuel I. White, P.O., 209 Busi- ness Park Drive, Virginia Beach, Virginia· on November 14, 2002 at 2:30 o'clock p.m. the orooerbr described in said d~d. in¢.~t,~-I ~t the APPLICANT: Craekbend Associates, LLC AGENCY: LeCiair Ryan PROPOSAL: A conditional zoning 'reciasaflicstion from M-2 General Induatoal District (Heavy Industrial) and R-8s Residential District to R-12s Resideotial District on 77~8+ acres. PROPOSED LAND USE / DENSITY: Urban Single-family with one to com~,thing less than four units EXISTING LAND USE PLAN/ DENSITY: Wster-raisted Industrial with no density LOCATION: Richwbed Avenue-S<~th of Forest Cove Subdlvisk~,.north of 1-64, east of W(xx~s of Deep Creek, and west of the Elizabeth River TAX MAP SECTION/PARCEL: portion of 0343001000440, 0343002000040, .035(~000000591, 0343001000001. BOROUGH: Deep Creel( - ALL INTERESTED PARTIES ARE INVITED TO AFrEND AND BE HEARD AT THE PUBLIC HEARING. Council meatinga are telecast live' on WCTV-48. The C~ty of Chesapoake will attempt to make reasonable accommoda- tions a~d sarvloes eecessm), for senso~ impaired and disabled citi- zens. Cltizeos who wish to receive such eccorru~odstJonS must con- tact Mr. Robert L. Cubelar~d, Director of Intmgovemmental Affairs (382-6191), within three working days prior to the meeting. DOLORES A. MOORE, MMC City Clerk VP Novembe~ 5 and November 12, 2002 ' 9987259 CNOTICE OF PUBLIC HEARING IA Public Hearing will be hetd by the Cbesapeake City 'Council on Tues- day, Novembec 19, 2002 6:30 p.m. in the Council Chamber, City Hall Buildln~ 306 Cedar Road, to con- sider the folinwing petitions: R(C)-62-27 PROJECT: Foxgate Forest, Phase 2 APPLICANT: SIMAC Development Coq~oretion AGENCY: Hnggnrd/Eure Associates, P.O. ' ' PROPOSAL: A conventional zoning reclassification for 5.762 sores from RE-/Residential Estate Disthct (5 721 acres) and R-lBs 5 nbs. family Residential Oisthct (0.041) to R-lOs Single-family Residential Distdof PROPOSED LAND USE / DENSITY: Single-tamJly Residential / approxJmataly 3.2 units per acre EXISTING. I~0 USE PLAN/OENSITY: Suburban Single*family / one unit per ac,re to something less than tour units per acre. LOCATION: North side of Parker Road between Sandy Hill Way. and Meridian Drive TAX MAP .SECTiON/PARCEL: 0594005000001 BOROUGH: Pleasant Grove Praffef:The epp.lJsanl/~r ~ r~i to seb~vk~ the sal~eet I~t¥ Into mo~e than 15 fore. . ALL INTERES'I*ED PARTIES ARE INVITED TO A~i'END AND BE HEARD AT THE PUBLIC HEARING. Cooncil meetings are telecast live on WCTV-4S. The City of Chesapeake will attempt to make reasol~le socommnda- tions and services necessary for sensory imoaired and disabled citi- zens. Citizens who wish to receive such acc~mmndatiuns must con- tact Mr. Robert L. Cope/and, Direc'~or of Intergovemf~eotal Affairs (382-6191), within three working days prior to the meeting. DOLORES A, MOORE. MMC City Clerk VP November 5 and November 12, 200~ 9984745 NOTICE OF PUBLIC NEARING gY ' THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTBORrle' FOR THE BENEF1T OF YOUNG MEN'B CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS Notice is hereby given that the City ef Virginia Beach Development Authority (the Authority) v/nose adoYass is 222 Central Park A~enue, Suite 1000, Virginia Beech, Virginia ;'3462. will hold a public hearing on the p/an of finance of YOung Men's C~'~stian Ass~ciatioa of South Hampton Roads. a Virginia non-stock, non. profit corporatJoq (the Co~ pany), the principal business address of which is 312 West Buts Street, No~folk. Virgin,a 23510, for the issuance by the ndustrial Development Authority of Mathews County. Virginia (the Mathews Adthority) of Its recreaUonat tacill6es revenue bond in an amount not to exceed $3,500,000 to assist the ComPany in permanenUy financ- Ing the renovabon/expansion end equipping, including new aerobics studio. ~otith gymnasium, activity center, locker rooms, and exaanded in the Council Chamber, City Hall Building, 306 Cedar Road, to con- · sider the following petitions: UP-B6-25(Rav) PROJECT: 104 Group Borrow Pit APPUCANT: [04 Group AGENCY: Erik P. Gordon PROPOSAL: Reconsideration of a stipulation associated with an · aPProved conditional use permit for a borrow pit. 'l~e stipulation relates to hours of operation. Proposed hours 7 AM to 7 PM Monday · thru Setu~day) ZONE: A. 1 Agricultural Disthee SIC CODF' 144 LOCA- TION: North and East of the InterseeeJan Of George Washington Ni~[h- "way and Dominion Blvd. TAX MAP SECTION/PARCEL: 0560000000070, 0560000000110. 0570000000121. 0570000000122 BOROUGH: Deep Creek .. ALL iNTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARO AT ' 'THE PUBLIC HEARING. Council raeatings ara telecast live on WCTV-48. ~' The City of Chesapeake will attempt to make reasonable accommoda- · tions and services neceesscy for sensory impaired and dlssbled ciU* "zens. Citizens who wish to receNe such accommodations must co~ ~ tact Mr. Robert L. Gopeland. Director of Intergovemroantal Affairs "' (382-6].91). within three working days prior to the rueeting. ' J DOLORES A. MOORE, MMC "" City Clerk VP November 5 and November 12, 20029987249 NOTICE OF PUBLIC NEARING BY · THE CITY OF VIRGINIA BEACH I~'VELOPMENT AUTHORITY FOR THE BENEF1T OF YOUNG MEN'~ CNRISTL4N ~SaOCIATION OF ~OUTH HAMFTON ROADG · Notice is h~raby given that the City of Virginia Beach Oevelopmant Authority (the Authority) whose address is 222 Central Park Avenue, Suite ~.000, Virginia Beach, Virg[nis 23462. will hold a public hearing nn'the plan of finance of Young Man's Christian Association of South Hampton Roads. a Virginia not. stock, no~-p~ofit corporation (the Com. pany), the principat business address of which is 312. West Bute Street. Norfolk. Virginia 23510. for the issuance by the Indusffial Development Authority of Mathews County. Virginia (the Mathews "'"Authority} of its recreational facli~Jes revenue bond in an amount nee to exceed $3,500,000 to assist the Company in pen~anently financ- '. lng the renovation/expansion and equipping, including new aerobics "studio. y~nth gyroneeium, actiwty center, locker ruoms, and expanded fitness center and child care center, of the Hilltop Family YMCA located at 153G Laskin Road, Virginia Beech. Virginia 23451 (the Project). The Project wfil be owned by t~e Ccropany. The proceeds of the bond will also finance a porUon of the cost of issuing the hond..The public "hearing. which may be conUnued or adjourned, witl be held at 8:30 · ' a.m. on November 19, 2002, before the Au~onty at Its office. The ':' bond will not pledge the cradd or the taxing power of the C~ of Vir- ginia Beach, Virginia. or ~e Authority b~t will be payable solely from · ' revenues derived from the Company. Any parson interested in the ;*issuance of the bond or the lecation or /3atura of th~ Project may ,. appear 'and be heard. A COpy of the resolution to be considered by the · Authonty after the public hearing is on file aed is open for inspection at the Authodty's office during business hoers. . .. CITY OF VIRGINIA BEACH ,DEVELOPMENT AUTHORITY · VP November 5 and Noverober t9.2002 9974660 PU~UC HEARING ' The Ceu~il of the Cit~ of NoKolk wtil co~ a ~ ~1~ In ~e C~ncil Cha~er, el~ fl~, ~ ~11 Bui~ing, ~DAY, NOV~ ~, ~2 M ~0 P.M., ~m~nt to S~te ~w on ~e fol- le~ appli~Uom: B~ ~ W. ~Y, f~ ~fl~ appli~ions on ~ e~ Io~d ~ ~ sourest ~r of ~st 2~ S~t ~ S~et, ~ng [00 ~, ~m or less, along ~e ~era line of ~t 2~ SVe~ a~ 105 ~t, ~m or ~ss a~ ~ ~m ~ ~, Gmnby S~et;' praises num~r~ 101 West 29~ S~L ~e ~: '., ~al Plap ~ N~k, 1~2, ~p ~ ~e ama as iow Oens~ msi~nt aL: *Thc ~ of ~is ~p~0n Is tO mn~ct a ~kJ~ 10~ ',.church. a. To ame~ ' ADVERTISING/SALES TELEIVlARKETING Stop 8~arohl~ For A Job.., And Start A CAREER 1st Year Potential To 025,000.00 2nd Year Potential To $45,000.00 $9.25 an Hour +Bonuses & Commission BENEFITS: YOU WANT THEM WE GOT THEM · Up To $100.O0/week Chlldcare Reimburse- ment · Heatth/Vision/Den~al Care · prescription Reiro- bursement · 401 K · Vacation Pay · Paid Holidays · Paid Training · Paid Personal/Sick Time (start from 1st day of eroployroent) · Free Busch Garden Passes · Cash Bonuses · Rapid Advanceant to Senior Sales Positions FULL TIME DAYS NO EXPERIENCE , all .Now! NECESSARY To schedule an interview CONTRACT COMPANIES VIRGINIA BEACH 486-7400 CHESAPEAKE 578-3500 HAMPTON 827-6800 ,,.use ciassiflcaUon ~om low ~ensit~ ;.prope~ extending along ~e eastern I1~ d Gm~ S~ ~th ~ei AIRCRAFT MECHANIC ~. dep~ of 100 ~at from 28th S~et ... b. ~r a ~8~e of zoni~ ~m R-14 (H~h ~Ay Mu~Family) to Nodolk AtriA. Call M.E, H~man ...continual ~2 (Cpmdo~ Com~mial) 36~2~21; ~x 36~44 .. Prapo~d o~i~nces are ~ file in ~e ~ce of t~ C~ Clerk. 0 AIRLINE O' Maps, plats, and ~her m~ati~ c~ming t~ ~ pm~sals .~ ~y be seen at the office ~ ~y ~rough Friday. NI interested ~r~s am invlt~ to ap~r at ~e ~e a~ ~e Ai~ Help - To $~ HR. afor~e~i~. If s~l assi~n~ for ~e ~s~ is ~gmn~, job ~ce, Sm. fee p~ase con.ct ~e ~ce of the Ci~ C~ at ~4~253. R. Brackenridge Daughtrey City Clerk VP November 5 and November 12..20029981727 ADS WITH BOX NUMBERS Responses to adh wilh The Virginian-Pilot Box Numbers should be addressed with narDs VA 235O1. Advedisera will be tlflcation number when ad is P.O. lox Box No. to: The Virginian-Pilot. All customers with box no. ads needing assistance please call 446-2419 after 1 p.m. ~J~. CHARGE TO AOVER- OR REPLIES MAILED CHARGE TO ADVER- OR REPUES PICKED UP AT NEWSPAPER All Pick Upor Mall Box replies will be active for 15 days. EMPLOYMENT POLICY AIRPORT JOBS to $12/hr 490-8844. Ft'/FT, will bain Bostway Listing Seneca, Fee Allied Techfldogy Group is an Equal Opportunity Employer See www.afliedtech.com Alternative Behaviodal Services www. ahsfirst.(~om. Drug Free Emp~oyac/ EOE/ A,~/M/F/ D/V/ 24~Hour Recruitment Line www.capgruup.corn/HR2/ EOE AMSEC an afhrmative action available. nlmal re Vet el · Receptionist (2), Train 1B-up · Kennel Help (4}, Train 18-up · Vet Assistant (2). 18-up 4908844 start to Beshvay Listing Service, Fee Beach, Virginia 23462 d 11:30 a.m, ASAP50~79~ 10O0O970 LE ~e, VA 23320 tory 17, 1990, recorded in City of Chesapeake, VA, in ~ note drawn in the original · fitute Trustee, wix offer for he Clmuit Coutt for the City Chesapeake, Virginia, o~ prooerty deecrihea in said s and 10detiy described as: 1 2. en plat recorded In the page 13-13A. ~ wi# be sold 'AS IS' and kind. The sale is subject emerita and rest.fictions, if .t and lawfully affecting the . deposit of $6,300.00 will xice to be paid within 14 · Additional terms may be CO/~rACT: Julian A. B~ · Parks Avenue, Suite 800, Phone: 757.437-9500 10001138 Chesapeake, VA 23321 In [inal principal amount of of 6.76% from Jonathan reded in the Clerk's Office Re, Virginia, in Deed BU~k .,d in the payment of the r th~ holder of said Note, · for sale at public auction f the City of Chesapeake, ~ November 13, 2002 at said deed, located at the ~ ~t4-2-106R, The Mead- st In the common areas· ). CaSh or cert~ed check, Jement within fifteen may be announced at the' it Collection Practices Act, ctof attempting to collect information w~ obtain will P.C., Substitute Trustee r. For information contact: Business Park Ddve Vir- . Call Between 9:00 a.m, 9960393 · rsmouth, VA 23704 In hal btincipal amount of 4 8,00% f'mm Thomas E. ~mber 28. 1998 recorded e City of portsmouth, Vir- atault having occurred in id at the request of the :ute Trustee will offer for Ck'cuit Court Building of mher 3, 2002 at 9:45 ed, located at the above 49, Lake Shems, with ~ deposit of $10,000.00, t the Urea of sale with date of sale, Additional Pu~naat to the Federal ~ )~J that this firm is a rdnass refened to herein · that purpose. Samuel I. ~rn~Ication ham a debt aue[ L White, P.O. Virgule Beach, Virginia a.m. and 11:30 a.m. 1OOOO968 aka, VA 233214550 In ~81 PO~lcipal amount of .50% from Otis L Boone t('s Office of the Circuit ~KI Bec~ 2824, et page I ~t of rte ~te t~ereb~ f said Note, the under- ~ public auction at the ty of ChesaPeake, 307 rmber 3, 2002 at 10:35 Kt, located at the above amheuees of Radcliffe, ~-ms of sate: cash: A; , will be required at the ) days from the date of he Ume of sale. Pursu- .-'es Act, we advise you ~ cotlect the indebted- · crbtain will be used for ~ Trustee This is a com. den contact: Samuel I. ~hae Virginia 8each. Vir- 0 a.m. and 11:30 a.m. 10000986 apaake, VA 23320 In d p~ncil~l amount of 1.2.5% fi.om Joseph M. ibemd and designate , IMat recorded In Ma ~. Terms of sale: East de~ from the date of cchect the indebted- :~Xaln will be used for r~atee This is a com. · Drive Virginia 8each, ~;00 a.m. and 11:30 10000966 ; ,ugust 29, 1986 and ,~, , ~.~nm~m~uon ~ e befit consctof. For infomlBde~ Samuel t. White P.C. {1806.02/FI.IA) 209 Business Park Drive Vir- giifia Beach, Virginia 23462 757-457-1460 - Call Betwee~ 9:00 a.m. and 11:30 a.m. ASAPS06808 · VP November/2, 13, 14, 15, 16, 2002 10000~7 TRUSTEE SALE 5829 E. HaStings Nch virglnie Beach, VA 23462 In execution of a Deed of Trust in the o~lnel principal amount of $49,450.00, with an annual Interest rate of 9.50% from John F. Gilder and Cindy A. Gilder dated July 31,/986 r~ed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, vi~Jnia, in Deed Book 2529, at page 756, detour having ec~rrsd in the pay?erd of the Note thereby secured and at the request of the holder of ~ald N~te thd undersigned Substitute Trustee will offer for sale at public aucber at the entrance to the Law Offices of Samuel I. White, P.C., 209 Baal- ness Park Drive Virginie Beach Virginia, on Becem/eer 3, 2002 at 2:35 o'clock p,m. the property described In said deed, located at the above address and briefly deecdhed as: Site 4, LOt 26, "Lake Edward West Section Two', ~ improvements thataon. Terms of sale: cash: A deposit of $2,500.00, cash or certified check, wi be requ md at the time of sale with settJemant within fiReen (15) days from the date of sale. Additional tetTns may be announced at the time of sale. Pumu- ant to the Federal Fair Debt CollecUon Practices Act. we advise you that this firm is a de~ot collector attempting to collect the indebted- ness referred to herein and any information we oMain will he used for that PO~posa. Samuel I. White, P.C.o Substitute Trustee This is a com. munication from e debt co#e~er. For information contact: Samuel I. White, P.C. (242002,/VA) 209 Business Park Drixe Virginia Beach, Vir- ginia 23462 757-457-1460 - Call Between 9:00 a.m. and 11:30 a.m. ASAPS06~iO VP November/2, 13, 14, 15, 16; 2002 10000962 TRUSTEE'S SALE OF 1058 COMMONWEALTH PLACE, ViRGINIA BEACH, VA 23464 In evecuU~ of a Deed of Trust in the original principal amount of $51,500.00, with an annual interest rate of 7,SDo00% from LIUJAN M. OLSEN dated March 7, 2001, recorded among the land records of the Circuit Court for the CITY OF VIRGINIA 8EACH in Deed Book 4375 AT PAGE 0150, the undersigned appointed SubMftute Tmatue will offer for sale at pubic auction in the CITY. OF VIRGINIA BEACH, at the front door of the law firm of Shapiro & Bu~on, LLP, 240 Cleerfield Avenue, Suite 321, Virginia Beach, Virginia on November 18, 2002 at 11:30 A.M., the property with improvements to wit: LOT 6, IN BLOCK M, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "SUBDIVISION OF PARCEL 'K.6' LEVEL GREEN TOWNHOUSES, StTE lit, PART I, KEMPSVILLE 60ROUGH, VIRGINIA BEACH, VIRGJNIA', WHICH PLAT IS RECORDED IN THE CI_ERH'S OFF]CE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 164, AT PAGE 38. and described In *,he above Deed' of Trust. (Tax Map No. 1456~41-9989-0000). THIS COMMUNICATION 18 FROM A DEBT COLLECTOR. TERMS OF SALE: ALL CASH. A bidder's deposit of $5,100.00 er 10% of the sale price, whichever is lower, will be required in cash, sar- tit~ed or cashier's check, Settlement within fifteen {15) days of sale,. otheneise Trustees may forfeit deposit. Addltiomll terms 'to be announced et sale. Loan type: CON, Trustee's File No. 02-75359D. PROFESSIONAL FORECt:OSURE CORPORAI~ON OF VIRGINIA, Substi- tuts Trustees, C/O SHAPIRO & BURSON, LLP, 240 Cleedield Avenue Suite 321, virginia Beach, VA 23462 (757) 687-87.77. VP NOVEMBER 5 AND 12, 2002 9985496 TRUSTEE SALE 1409 Woodscapa Lane Virginia Beach, VA 23462 , In execution of a Deed of Trust in the o~ginal principal amount of $65,150.00. with an annual intmeat rate of 8.75% fiom Vincent E., GutJerrez dated June 23, 2000 recorded in the Ck~k's Office of the: Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4259, at page 1460. default having occurred in the paymeof of the Note thereby secured aed st thq request of the holder of said Note, the under-signad Substitute Trustee will offer f~r sale at public auction at the entrance to the Law Offices of Samuel I, White. 'P.C., 209 Busi- ness Park Drive, Virginia Beach, Virginia, on December 3, 2002 at 2:35 o'clock p,m. the property described in said deed, k~.atad et the above address and b~iafly described as: Lot 110 (erroneously Lot 104 in deed of trust), Amended Plat of Sub- division of Lots 4-113 of Woedscapa fon~edy Beddlebrpak. with imprevemants thereon. TERMS OF 5ALF.: CASH: k deposit of $5,000.00, cash or certified check, will be required at the time of sale ~ settlement within fif- teen (15) days flom the date of sale. Additlanat trams may be announoed at the time of sale. Pursuant to the Federal Fair Debt Col- lection Practices Act, we ad, se you that this firm is a de~t collector attem¢*Jng to collacf the indebtedness mfewad to herein and any informaUon we obtain will be used for that purPOSe. SAMUEL L WHITE,' P.C., Substitute Trustee This is.a communication/~om a Oebt FOR INFORMATION CONTACT: SAMUEL I. WHITE, P,C. (0235-02/VA) 209 Bus~ness Park Drive Virginia Beach, Vh~inia 23462 757-457-1460 - Call Between 9:00 a.m. and 11:30 a.m. VP November 12, 2002 and November 19, 2002 10001005 NOll~E OF TRU~TEE'e rd~L~ In execution of a certain deed of trust dated August 28. 1998 and recorded on September 2, 1998 in the Clerk's Offca of tha City of Vir- ihia Beach, Virginia, AS.INSTRUMENT 1f0021396, IN DEED BOOK 943, PAGE /820, from the odginal Berruwel(s)to Stavan A. Far& stein, Trustee(s), and befault having been made in the payment of the debt secured, with the odginal ~incipal belanee of $59,802.32, and at the request of the beneficiary under said deed of bust the under- signed, having heee duly appointed Substitute Trustae(s), has declared all the debts and obligations secura~ by the deed of b~ust due and payable and will offer for sale at. poblic auction to the highest bid- der in front of Virginia Beach Cimuit Courthouse 2425 Nimrod Park- way Virginia Beach, Virgir~a 2345~, on December 5, 2002, et 8:30 A.M., the following aencribed property ideated at 1305 Club House R~ad Virginia Bench, Virginia 23462, a~d more pardcolady described SS FOLLOWS, TO WtT: Lot 20, BlocA F, Resubdivislon Of Section 1. Cardinal Estate, which has the add,ess, of 1305 Club Heuse, Virginia Beach, VA 23452. For a 3_.~ ~t e~e ~2o:.. · : , and reeorvet o~s of record affecUng the time to the property h~ein- The beneficiary rese(~s the right to bid at said sale. TERMS OF SALE: Cash, ceitiffed funds, cashiers checks, trust account checks. A bidder's depusit of TEN percent 10% MAY be required on date of sale with sett eme~t in full to (De made within 15 days nam date of the This notice is an attempt to collect a debt and any infonmation obtai~.d will be used for that purpose. TS/t: 02-V9835VA Loan Type: CONV For Information Contact: SPECIAUZED INC., OF VIRGINIA, SUBSTITUTE TRUSTEE 722 E MAR~'T STREEt' Suite 200 LEESBURG, VIRGINIA 20176 (703) 779-OO80 CaM bstween g ~. ;1/AM EST ONLY VP November 12,19, 26. December 3, 2002 9998128 days at the of Rce of the SubsUtuta Trustee. AadlUonal terms may be unncuneed at the saM. FOR INFORMATION CONTACT: Julian A. B~- ant, Jr., SubsUtute Trustee or Molly, at 2101 Parks Avenue, SuRe 800, Virginia Beach, VA 23451. Phone: 757-437-9500 (R-ia/O2-18892/Jobnson). VP November 12 and November 19, 2002 10001195 TRUSTEE'S SALE 1536 Snowbird Coral Vi~inia Beach VA 23454 in execution of a deed of trust dated June 29, 1998, recorded in the Clerk's Offse of the Circuit Court of the City of Vi~nie Beach, VA, In Deed Book 3912, at Page 1110, securing a note drawn in the original sum of $81,450.00, the undersigned Substitute Trustee, will offer for pubtic sale on the front steps of the Judicial Canter for the City of Vir- ginia Beach (court Building No. 10), 2425 Nimmo.Park~/, Vi~nie Beach, VA, on December 3, 2002 .et 10;00 a.m,, the property described In aald deed of bust, located at the above address and Ixieity deoc~bed as: Lot 2528, 'Resubdivision of Lots 224 thru 230 and 244 thru 262, Redwing, Section Two, Princess N~e 8omugh, VI ginis Beech, Virginia', recorded in the aforesaid Qerk's Office InMa Book 156 at Page 25. The property and the improvements thereon will be sold 'AS IS" an without representaUon or warranties of any kind. The sale Is subject to all liens, encumbrances, conditions, easements and rasthctions, if any, superior to the mentioned deed of bust and iewfutly affecting the lxopaity. This Is a commueicatien from a debt collector. Terms: CASH or caitlfied fonds. A bidder's deposit of $7,700.00 will be requital with the balance of the sale price to be paid within 14 days at the offlsa of the Substitute Trustee. Additional terms may he announced et the sale. FOR INFORMAT}ON CONTACT: Julian A. ant, .k., Substitute Trustee or Molly, at 2101 Parks A~nue, Suite 800. Virginia Beech, VA 23451. Phone: 757-437-9500 (VA/02-19420/ Martinez). VP November 5 eod November 12, 2002 9975142 TRUSTEE SALE 1420 Rust Ddve, Virginia Beech, VA 23455-4219 In execution of a De&d of Trust in the original principal amount of $180,000.00. with an annual Interest rote of 6,75% from Ivan James McMahen Jr. dated May 3, 1999 recorded in the Clerk's Offse of the Cimuit Court of the City of Virginia Beach, virginia, in Deed Book 4076, at page 2141, default having occurred in the payment of the Note thereby secured and at the request of the holder of said No~e, the under-signed Substitute Trustee will offer for sale at public acc'don .et the antranca to the Law Offices of Samuel I. White, P.C., 209 Busi- ness Park Drive, Virginia Beach, Virginia, on November 14, 2002 at 2:30 o'clock p.m, the property described In said deed, located at the above e~s and 10deity described as: , Lot 85, Thoroughgood Estates Section One, with improvements thereon. TERMS OF SALE: CASH: A deposit of $15,000.00, cash or certified check, will be required et the time Of sale with settlement within fif- teen (15) days from the date of sale. Additional terms may be aneounaed at the time of sale. Pursuant to the Federal Fair Debt Col- lecUon Practices Act, we advise you that this firm Is a debt collector attempting to collect the indebtedness referred to herein and any information we obtain will be used for that purpose. SAMUEL I. WHITE, P.C., Substitute Trustee This iea communication flora a debt collector. FOR INFORMATION CONTACT: SAMUEL L WHITE, P.C. (4482~12/CONV) 209 Business Pack Drive Virginia Beach, Virginia 23462 757-457-1460. Call Between 9:00 a.m. and 11:30 a.m. VP November 5, 2002 and November 12, 2002 TRUSTEE SALE 3929 Morning Light Lane Virginia Bescfl, VA 23456 In execution of a Deed of Trust in the ObglnaJ principal amount of $59,272.00, with an annual Interest rate of 9.00% tram 1ina R. Gar- ~ deled July 25, 2000 recorded in Um Clerk's Office of the Circuit Court of the City'of virginia Beach, Virginia, In Deed Book 4273, st page 1620, default having occurred in the ps,Bent of the I:fote thereby secured and at the request of the holder of said Note; the under- signed SubsUtute Trustee will offer for sale at public auction at the entrance to the Law Offices of Samuel L Whlta, P.C.. 209 Business Park Drive. Virginia Beach, Virginia, on Becember 3, 2002 at 2:30 o'clock p.m. the property described in said deed, located, st the above addreee and btiefly described as: '- Lot 83, Salem Lakes, Section M, Part III; ~th imp~vements thereon.' TERMS OF SALE: CASH: A deposit of $5,000.00, cash er cerfJfied chock, will be requirsd at the Ume of sale v~th aetUement within fif- teen (15) days from the date of sale. Additional terms may be announced at the time of sale. Pursuant to the Federal Fair Bebt Col- lection Practices Act, we advise you that this firm Is a debt collector atlamptin~ fo collect the indebtedness rcfe~ea to herein a~ any hfon'natlon we Obtain will be used for that purpose. SAMUEL I. WHITE, P.C., Substitute Trustee This is a somr~.mlsatldn from a debt collactor. FOR INFORMATION CONTACT: BAMUEL I. WHITE. P.C. (365~01/FHA) . 209 Business Park Drive Vil~inia Beach, Virginia 23462 757457-1460 - Call Between 9:00 a.m. and 11:30 a.m. · VP November 12, 2002 and November 19, 2002 10001000 TRUSTEE 8ALE 1924 Lewisham Way Virginia 5each, VA 23454 In execution of a Deed of Trust in the original principal amount of $/21,380.00, with an annual interest rate of 7.50% flora Codes M. Tuggle and Tiffany A. Tug~le dated Juce 4. 2001 recorded in the Clark's Off'ma of the Circuit Court of the City of Wglnia Beach, Virginia, in Deed Book 4432, at page 1826, default having occuned In the payment of ~ Note thereby secured and at the request of the hctde~ of said Note,.the under-signed Substitute Trustee will offer for sale at public auction et the entrance to the Law Offices of Samuel I. White, P.C., 209 Business Park D~ve, Virginia Beach, Virginia, on December 3, 2002 at 2:30 o'clock p.m. the property described n sa d dead Iocetad at the above address and briefly daschbecl as: Lot 28. Block B, Straw~idge, Section Three, with improvemellU thereon. TERMS ~F SALE: CASH~ Adeposit of $10 000.00, cash o~' ee~e~J check, will be required ,at the time et sale with settlel~nt within fif- teen (15) pays from the date 'of sale. Additional terms may be annpunced et the time of sale. Pursuant to the Federal Fair ~ Col- lection Practices Act, we ·advise you that this firm is a debt collecter attempting to collect the Indebtedness referred to herein and any information we obtain will be used for that purpose. SAMUEL L WHITE, P.C., Substitute Trustee This is a communication from a debt coflector. FOR INFORMATION CONTACT: SAMUEL I. WHITE, P.C. (0206-02/VA 209 Business Park Dr ye Vir~nia Beach, Virginia 23462 757-457-1460 - COIl Between 9:00 a.m. and 11:30 a.m. VP November/2, 2002 and November 19, 2002 10001002 TRUSTEE SRLE 2364 Beys Edge Ave Va Beach, VA In exeo.~on of a Deed of Trust in the principal amount of $117.600.00, with an annual interest rate of 8.25% from Barbara M. NatolI, deled ~a~l~u,a~l. 2, 1998 recorded in the Clerk's Office of the Circuit Cm~ n ~ · -, ,~.-~ ..... u~uu ana management practh::es on the rafu~re, and sdicit Opi~ from. the public on the alternative land uses and management proc. tlces. For further information contact the Ecosystem P~fling Team office by phone at 252-482-2364, by FAX et 252482-3855, or emall at NCPlannJng~fws;gov. information about the planning pmnass and the plan ia located at hitp://rthch-mi.ral.r4.fws.gov. . lA, r~, .OT~ Rfl~ING ~R ~E NO~ ~ hare~ gi~n t~t Cfly ~ ~lk (~e ~edt~, ~e o~ a~mss is ~ E. ~ln . ~eeL SU~ 15~, ~olk, ~na ~510, ~ll hem a ~¢ h~ , on ~ ~an ~ fi~ of ~ Naffo~ ~e~ (~e Sch~L ~osa ~ pd~l~l piece of busi~ss is 1~5 Wes~y~ ~, N~oik, ~nie ~23~2, ~r ~e ~ I~ust~l ~l~ent A~ of ~e C~n~ of Isle ~W~t In an am~nt ~t to e~ $4,~,~0 to ~sist ~e ~ in co~ fi~ ~h ~ r~inancing Burm~s ~nasi~, I~t~ at 15~ Wesle~n ~, N~olK ~* hnla, i~i~ ~ c~ ass~ted wi~ ~ Iss~e ~ ~ ~de. e ~u~ G~si~ is ~ by~e ~hcol. The ~bl~ haar- ~, ~i~ m~ No~m~r 26, 2~2. ~ra ~e A~O~ ~ ~e ~nfars~ m~ at Es ~e. ~e b~ds ~ll ~t p~ge ~e ~it er te~ng ~ d ~ C~ of NO~Ik er ~ ~1 a~ ~her ~ei~s ~e~ t~mto. ~y ~mbn in~sted m ~e issu~ ~e ~de may spear and be hea~ at ~e ~llc heedS.. INDUSTRI~ ~VEL~T ~H~ OF THE CI~ ~ ~R~LK ~ N~em~r 12 and No~r NO~ OF ~ ~G BY THE C~ I=OR THE ~NEFIT O~ A~T ROADS & MATERIAL~ CO,, INC. Not;ce is hereby gh, an that the Cfly of Virginia Beach Development Authont'y.(the Authedty) wflose address is 222 Central Pad~ Avenue, Suite 1000, Virginia Beach, Vi~inia 23462, will hold a public hearing on the plan of flnaf~e of AsphaR Roads & Materials CO., Inc., 8 Vir- ginia corpomUon (the Company), the principal bus, ness a~ltess of which ia 4g01 Cleveland Street, Suite 2, Virginia Beech, virginia 23462, for the issuaoca by the Authority of its Indusbtal development revenue bonds, In an amount not to exceed $2.200,000, to assist the Company in financing the acquisition and Installation of a new asphalt manufoctudng plant to be located at 4985 Euclid Road, Vkgirda Beash, Vkginia 23462 [the Ploject). The Project will be owned by the Com- pony. The proceeds of the bonds will also finance a po~On ef the cost · of issuing the bonds. The public hearing, whish may be co~tieued or adjourned, will be held st 8:30 a.m. on Novembei' 19, 2002. before the Acthodty id the confera~(:e room at its office· The bonds will not pledge the credit or the taxing power of the Cfly of Vi~inia Beash, Vir- iromnia, or.the Authonty but will be payable solely from revenues derived the Company. Any person interested in the issuance of the bends or the location er nature of the Project may appear and be hea~. A copy ef the reso4ution to be considered by the Authority after the public hearing will be on file and oi~en for inspeption at the Autho~ty's office during business hours p~ior to the public headng. CITY OF VIRGINia BEACH DEVELOPMENT AUTHORITY VP November 5 and November/2, 2002 9984418 CI-~ ~11~ NOTICE OF PUBUC HEARING A-Pubtic He~ng will be held by the - ~l'~l~*pl~ Chesapeake City Council on Tues- ~ .......... day, November 19, 2002 6:30 p.m: in the Council Chamher, City Hall Building, 306 Cedar Rood, to con. sider the follgwing petitionS: R(C)-02.38 PROJECT: River'S Edge AP~_ICN~'T:' Crsekbend Associates, LLC AGENCY: LaCieir Ryan PROPOSAL: A ctx~li~ional zoning reclassificabon from M-2 General Industrial Disbict (Heavy Indusbtal) and R-Be Resideobal District to R-/2s Residential Dis'~ict on 77,8+ seres. PRGPOSED LAND USE / DENSITY: Urban SIngie4amlly with ene to something iosa than four ursts EXISTING LAND USE PLAN/ DI'~SITY: Water~*eleted Indaatdal with no density LOCATION: Richwond Avenue-South of Forest Cove SuhdNision, noitJ1 of 1-64, east of Woods of Deep Creek, and west of the Elizabeth River 'TAX MAP SECTION/PARCEL: I~ of 03430010004~0, 0343002000040, 0350(io00~0591, 0343001000001. BOROUGH: Deep Creek ALL INTERESTED PARTIES ARE INVITED TO AT[END AND BE HEARD AT THE PUBUC HEARING. Coonull meetings are telecast live on W~.48. ~ City of Chesapeake will attempt to maRe reasonable acc~a- tills itn~ ~l;e~ ncms~a~/~ ~$0r/impai~l and disal~l~ dti. zanS. Citizens who wish to receive such accommodations must con- tact Mr. Robed, g Copeiand, Oirscter of Intergov~mme~fal Affairs (382-6191), within UYee w~:~king days prior to the meeting. DOLORES A. MOORE, MMC City Clerk VP November 5 and Novemher 12, 2002 9987259 Ch~ ~I~RG i ~1A NOTICE OF I~IBUC REARING I A Publk; Hearing wfll be held by the Chesapeake City Council on Tues- day, November 19, 2002 6:30 p.m. in the Council Chamber, City Hall Building. 306 Cedar Road, to con- sider the f~lowing per,one: R-02-27. PROJECT; Fo,,ate Forest, Phase 2 APPLICANT: SIMAC Development Corporation AGENCY: Hnggard/Eure Acsociates, P.C. PROPOSAL: A conventional zoning reclassification for 5.762 acres from RE-1 BesldenUal Estate District (5.721 acres) and R-15s Single- family Residential District (0.041) to R-lOs Single-family Residential Distdct PROPOSED LAND USE / DENSITY: S~ngie-family ReeidenUal / approximately 3.2 units par acre EXISTING LAND USE PLAN/DENS4TY: Suburban Single.family / one unit per acre to something less than four units per acre. LOCATION: North side of Parker Rued between Sandy Hill Way and Meridian Drive TAX MAP SECTiON/PARCEL: 0594005000001 BOROUGH: Pleesaet Grove PIc4hc. The appflcint/owrmr ~rees not to subdivide the subject p~ k~o w hn IS Iota. · LL INTERESTED PARTIES* ARK' IH¥1TED TO A.'~'END AND BE HF~D AT THE PUBUC HEARING. Council meeUngs are telecast live on WCTY-48. The C~/of Chesapeake will attempt to make reesoflebie accommed~- tiohs and services necessary for sensory impair*ed and disabled citi- zens. Citizens who wish to receive such sccommedatiocs must tact Mr. Robert L 0operand, Director of Intergovernmental Affairs (3/]2-6191), within three wo~ng ~y~ prior to the meeting. DOLORES A. MOORE, MMC City Clerk VP November 5 and November/2, 2002 9984745 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS) At 8:30 a.m. on November 19, 2002, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public heating on the request of Young Men's Christian Association of South Hampton Roads, a Virginia non- stock corporation (the "YMCA"), and that a notice of public heating was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the heating. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been or will be filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of the YMCA. Mr. Consolvo described the project as the financing of capital projects at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, including renovation/expansion and equipment purchases, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center. He explained that the proposed issuance of revenue bonds (the "Bonds") for the project will provide needed funds for the continued improvement of the YMCA Hilltop facility. Mr. Consolvo further added that it is necessary under federal and Virginia law that the Authority hold a public heating and that the issuance of the Bonds by the Industrial Development Authority of Mathews County, Virginia, be approved by the City Council of the City of Virginia Beach. Mr. Consolvo closed his remarks by noting that the presence of the YMCA in the City of Virginia Beach greatly enhances the health, recreation and educational facilities provided within the City of Virginia Beach and, accordingly, benefits its citizens and serves a compelling public purpose. No other persons appeared to address the Authority and the Chairman closed the public hearing. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds in an amount up to $3,500,000, (b) directing the transmission of a Fiscal Impact Statement with respect to the Bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting during calendar year 2002 at which this matter can be properly placed on the Council's agenda for heating. #80129[ vl Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans Of Young Men's Christian Association of South Hampton Roads, a Virginia non-stock, non-profit corporation (the Company) the principal business address of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews' Authority) of its recreational facilities revenue bond in an amount not to exceed $3,500,000 to assist the Company in (a) permanently financing (l) the renovation/expansion and equipment purchases, including new" aerobics studio, youth gynmasium, activity center, locker rooms, and expanded fitness center and child care center, at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver Beach, including science center with classrooms, labs, and observation tower, tennis courts, skateboard park, staff housing, athletic field, and other improvements, located at 6272 YMCA Lane, Jamesville, Virginia 23398, and (3) the purchase of 85 acres of land adjacent to and north of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck Road, Jamesville, Virginia 23398 (collectively, the Project), and (b) financing the cost of issuing the Bond; and WHEREAS, the above facilities will be owned by the Company and will be located in Virginia Beach, Virginia, and Northampton County, Virginia; and WHEREAS, a public hearing' with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on November 19, 2002, and the Mathews Authority so held a public hearing with respect to the Bond on August 29, 2002, and adopted an approving resolution (the Mathews Authority Resolution) with respect to the Bond on that date; and WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with Bank of America, N.A. (the Lender), for its own account and for investment purposes; and WHEREAS, the Company in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a qualified tax-exempt obligation within the meaning of §265(b)(3) of the Code and the educational and other benefits to the City of Virginia Beach to be derived from the issuance of the Bond to finance the Hilltop Family YMCA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and' determined that the issuance of the Bond will benefit the inhabitants of the City of Virginia Beach and promote their safety, health, welfare, convenience and prosperity. 2. To assist the Company, the Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), concur with the Mathews Authority Resolution, the form of which has been presented at this meeting, as required by § 15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonably detailed summary, of the comments expressed at the public hearing held by the Authority pursuant to § 15.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the Company and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on November 19, 2002, and that such resolution is in full force and effect on the date hereof. Dated: November [~, 2002 Secretary, City of Virgin a~each Development Authority ~798340 vi 2 Exhibit D DISCLOSURE STATEMENT Date: November 19, 2002 Applicant's Name(s): Young Men's Christian Association of South Hampton Roads All Owners (if different fi.om applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond issue through Industrial Development Authority of of Mathews County, Virginia The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS Its: v ~O-_.~/~:D Schedule to Disclosure Statement BOARD OF DIRECTORS 2002 OFFICERS AND AT LARGE MEMBERS David L. Bernd, Chariman Sandra Birdsong, Vice Chairman Jim Dille, Vice Chairman Walter Potter, Treasurer Joe Kennedy, Secretary Philip Adams H. Lee Addison Mary Arris Lindsay Benson Robert M. Boyd Bruce Bradley Deborah Dicorce Scott Harvard Chris Henson Tom Hostutler Kay Kemper G. R. Schell Jimmy Strickland Bill Stulb Doug Williams Marshall Wingo Al Midgett Ros Willis John Atwood Paul Oppliser Ollie Bates Michael Efland Burt Whitt Richard Hillian Grege Honeycutt Bill Pitt Elizabeth Smith Trenton Bishop David Hamberg Jim Ward Henry Thrasher Ray Darcey Chris Schutt Sandy Bond Mark Freeze Eve Beloth Dan Evans Les Watson Mark Williamson Melissa Hanbury Lloyd Pitzen Susan Tompkins #801290 vl VIRGINIA BEACH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Exhibit E INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA $3,500,000 REVENUE BOND (HILLTOP/SILVER BEACH PROJECTS) SERIES 2002 The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved health, recreational and educational facilities which promotes the health and welfare of the City's citizens. Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit the City of Virginia Beach Development Authority submission of the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Young Men's Christian Association of South Hampton Roads Facility: Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451 Maximum mount of financing sought Estimated taxable value of facility's real property to be constructed in the locality $ 0 3. Estimated real property tax per year using present tax rates $ 0 4. Estimated personal property tax per year using present tax rates $ 0 5. Estimated merchant's capital tax per year using present tax rates $ 0 6. a. Estimated dollar value per year of goods that will be purchased from Virgima companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virgima companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality Estimated number of regular employees on year round basis Average annual salary per employee Dated: November i°t , 2002 #801293 vl $3,500,000 $ 30,000 $ 5,000 $ 5,000 0 5 15,000 YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS Authorized Officer CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By:~ Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY REVENL~ BOND o PROJECT NAME: LOCATION: DESCRIPTION OF PROJECT: AMOUNT OF BOND ISSUE: PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed: c. If so, to what zoning classification? Hilltop Family YMCA 1536 Laskin Road Virginia Beach, Virginia 23451 Recreational, educational and fitness facilities $3,50O,000 See Disclosure Statement's Attachment 02 Yes No X N/A VIRGINIA BEACH Exhibit H Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX ~757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com November 19, 2002 Mr. Robert G. Jones Chair Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 Dear Mr. Jones: It is the finding of the Department of Economic Development that the financing for the YMCA bonds will benefit the citizens of the City of Virginia Beach by providing improved health, educational and recreational facilities which promote the health and welfare of the City's citizens. Sincerely, Mark R. Wawner Project Development Manager MRW:lls CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager A Resolution Supporting the Formation of the Cape Henry National Park & Visitor Center MEETING DATE: December 3, 2002 Background: Cape Henry is a significant national historical area as the site of the1607 initial landing of the first permanent settlers who later built in Jamestown. Off the coast in 1781, the Battle of the Capes was fought in which the French fleet sealed the victory at Yorktown. The Cape Henry lighthouse, built in 1792 and still open to the public, was the first public works project of the new federal government under George Washington. A successor lighthouse was built nearby in 1881 and is operated by the Coast Guard. An adjacent observation tower manned by the Virginia Pilots Association monitors vessel traffic visiting the ports of Hampton Roads. These structures are all within Fort Story, the Army's historic coastal defense installation and modern logistical training facility. Fort Story itself is surrounded by Virginia's First Landing State Park, where visitors and campers appreciate the unique ecology of Cape Henry. Considerations: Despite the appeal of the Cape Henry area for tourism, the appearance and facilities at the site within Fort Story have not been brought up to the standard set by those at Yorktown and Jamestown. Also, although some $100 million has been authorized for improvement of the Jamestown facilities in time for the 400th anniversary celebrations in 2007, no similar plan or funding has been made available for upgrading the Cape Henry tourist site. A subcommittee of the Virginia Beach/Jamestown 2007 Steering Committee established by City Council on May 14, 2002, known as the Cape Henry subcommittee has envisioned a plan to bring improvements at Fort Story/Cape Henry into line with the area's historic significance. Because the site is of national importance and also because most of the properties at Cape Henry are controlled by federal agencies (Army, Coast Guard & National Park Service) it is proposed that the federal government take the lead in creating an interagency team for planning and funding the improvements. Accordingly, it is proposed that federal funding be sought for the preparation of a master plan for upgrading and integrating the area in proximity to all the tourist attractions, including the Old and New Cape Henry lighthouses and the First Landing commemorative site, at Fort Story into the Cape Henry National Park and Visitor Center, with suitable exhibits, in time for the 2007 anniversary. Proposed improvements would include (i) marking the area with gates and trees,(ii) eliminating telephone poles; and (iii) establishing a park-like setting for the lighthouse and visitor center through the use of flag poles, landscaping, colonial fencing, ponds, uniform pavements and signage, and paths to the dunes. The Virginia Beach/Jamestown 2007 Steering Committee and its subcommittee seek the support of City Council for the formation of the Cape Henry National Park and Visitor Center. Public Information: The Cape Henry Subcommittee of the Virginia Beach/Jamestown 2007 Steering Committee, which is charged with preparing the City of Virginia Beach's program for celebrating the 400th anniversary of the first landing, will be tasked with keeping the public informed with any and all progress. Alternatives: Council could choose not to adopt the Resolution and the Cape Henry area would remain as it is today. Recommendations: That City Council adopt the resolution supporting the formation of a National Park at Cape Henry and respectfully requesting that Congress direct the National Park Service and other applicable federal agencies and officials give this proposal due consideration. Attachments: Proposed Resolution Recommended Action: Approval of the Resolution Submitting Degartment/ARency, L_Museums & Cultural City Manager: ~-J/..~, "~~'~ RESOLUTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O A RESOLUTION SUPPORTING THE FORMATION OF CAPE HENRY NATIONAL PARK AND VISITOR CENTER WHEREAS, the observance of the 400th anniversary of the founding of Jamestown is scheduled to be a major event in the history of the Commonwealth of Virginia; WHEREAS, Cape Henry is a significant national historic area as the site of the 1607 initial landing of the first settlers who later established Jamestown, and is also the site of the first public works project of the new federal government under George Washington-the Cape Henry lighthouse; WHEREAS, the Cape Henry lighthouse and the adjacent observation tower manned by the Virginia Pilot's Association are all within Fort Story, the United States Army's historic coastal defense installation and modern logistical training facility; WHEREAS, Fort Story itself is surrounded by Virginia's First Landing State Park, where visitors and campers appreciate the unique ecology of Cape Henry; WHEREAS, national and international visitors will visit Cape Henry and Fort Story during the 400th anniversary celebration in 2007; WHEREAS, the appearance of the facilities within Fort Story/Cape Henry have not been brought up to the standard set by those in Yorktown and Jamestown and no plans for funding have been made for upgrading the Fort Story/Cape Henry site for the 400th anniversary celebration; WHEREAS, the significant role of the Fort Stow/Cape Henry site in the Virginia Beach/Jamestown 2007 celebration, merits a implementation of a plan for bringing improvements at the Fort Story/Cape Henry site into line with this area's historic importance; WHEREAS, on May 14, 2001, the City Council established the Virginia Beach/Jamestown 2007 Steering Committee to ensure the appropriate coordination with the various state and regional bodies involved in the planning of the 400th anniversary activities and to provide the recognized authority to seek funding to effect the events proposed for VB/Jamestown 2007; 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, the Cape Henry subcommittee of the Virginia Beach/Jamestown 2007 Steering Committee has developed a vision to upgrade and integrate the area in proximity to all of the tourist attractions, including the old Cape Henry lighthouse, the new Cape Henry lighthouse and the First Landing Commemorative site, at Fort Story into what will be known as the Cape Henry National Park and Visitor Center with suitable exhibits in time for the 400th anniversary celebration; and WHEREAS, the implementation of this vision will require the participation of and funding by the National Park Service and other federal agencies. NOW, THEREFORE, BE IT RESOLVED BY THE CQUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council supports the formation of the Cape Henry National Park and Visitor Center, and respectfully requests that the United States Congress direct the National Park Service and other applicable federal agencies and officials to give this proposal due consideration. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2002. CA-8615 ORDIN\NONCODE\ R-2 PREPARED: 11/15/02 APPROVED AS TO CONTENT Dept. of~luseums:& Cultural Arts APPROVED AS TO LEGAL Department of Law CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Type I to Type II Radio Unit Upgrades MEETING DATE: December 3, 2002 Background: The City of Virginia Beach underwent an infrastructure upgrade of the 800MHz Radio System that services both Public Safety (Police, Fire, EMS) and Non-Public Safety City Agencies (Public Utilities, Public Works, General Services, etc.). The upgrade, done as part of CIP #3-446 Communication System Upgrade, was proposed in phases and the infrastructure portion was completed and operational in October of 1999. Lastly, Phase III is needed to replace the approximately 1,700 existing portable and mobile radios that are an older unsupported Type I version to newer supported Type II version radio unit. The City's existing radio system infrastructure, as upgraded in 1999, can support the Type II radio units. When this phase is complete, it will allow the City to be 100% Type II and ensure our mutual aide and inter-operability is maintained with the surrounding cities of Norfolk, Chesapeake, and Portsmouth. The Type I radio units being replaced are between 10 and 14 years old and are failing at an increasing rate. Radio failures create a potential risk to the users and service delivery. Considerations: The Department of Communications and Information Technology, along with our Public Safety and Non-Public Safety stakeholders, is working towards the identification of equipment which will provide the radio system users the best options to meet their current needs and position them for future technology enhancements. A competitive bid process has been conducted and an award will made once the final funding is in place. The negotiated contract provides the City with a $300 per radio trade-in allowance for the old Type I radios. The current CIP #3~446 Communication System Upgrade has approximately $4,400,000 remaining. It is estimated that the total cost, including installation and training, will be $6,600,000, including an amount for contingencies. Funding totaling $1,000,000 from the General Fund fund balance and $1,200,000 from the Water & Sewer Enterprise Fund's retained earnings is available for this purpose and has been previously reserved as briefed by the Director of Finance when discussing the year end balance. Public Information: Public Information would be handled through the normal Council Agenda public information process Alternatives: An alternative is to not fund a total Type I replacement. While this would allow the City to continue to communicate on radios, the City would still have the issues of a negative impact on regional mutual aide, and the continuing failure of old equipment. Recommendations: It is recommended that the City appropriate $1,000,000 from the General Fund fund balance and $1,200,000 from the Water & Sewer Enterprise Fund retained earnings to CIP #3-446 Communication System Upgrade. The Type I to Type II Radio Upgrade will then be funded completely within the 3-446 capital project. Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Dep_~artment/Ag?pcy:~_ommu nications City Manager: ~"~ and Information Technology 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O AN ORDINANCE TO APPROPRIATE $1,000,000 FROM THE GENERAL FUND FUND BALANCE AND $1,200,000 FROM THE WATER AND SEWER ENTERPRISE FUND RETAINED EARNINGS TO CIP PROJECT 3-446, "COMMUNICATION SYSTEM UPGRADE" WHEREAS, CIP Project 3-446, "Communication Systems Upgrade," was established to replace outdated portable radios with upgraded- digital capable radios; and WHEREAS, based on submitted proposals, additional funding is needed to purchase the integration with the infrastructure. necessary radios and to City's current radio ensure their communication NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That $1,000,000 is hereby appropriated from the Fund Balance of the General Fund, and $1,200,000 appropriated from the Water and Sewer Enterprise Fund Retained Earnings, to CIP Project 3-446, "Communication System Upgrade," in the FY 2002-03 Capital Budget to provide additional funding for radio purchases, with estimated revenue in the Capital Budget increased accordingly. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 23 24 25 26 CA8695 Ordin/Noncode/proj3-446ord.wpd R-2 November 26, 2002 Approved as to Content: Management S 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 An Ordinance to Appropriate $11,711 of Additional HOME program Revenue from the United States Department of Housing and Urban Development to the FY 2002-2003 Operating Budget of the Department of Housing and Neighborhood Preservation for HOME Approved Activites MEETING DATE: December 3, 2002 Background: HOME Program funds are used to assist Iow/moderate income persons with housing improvements through the provision of loans and grants. When loans are made, repayment is received at varying rates and times. In addition, at times entire loans are paid off due to property sales or transfers. In the annual budget, an estimated amount of program income is appropriated based on past experience. Currently, there is $11,711.16 in HOME Program income that has been received in excess of that which was appropriated. HUD requires that the program income generated by the HOME program be utilized toward HOME eligible activities. Therefore, this appropriation makes available the program income for approved expenses. The HOME Program income funds ($11,711.16) that will be appropriated by this ordinance will be utilized to fund approved activities in the HOME Program consisting of Rehabilitation loans and grants for citizens of Virginia Beach. Considerations: This ordinance facilitates compliance with HUD's instructions regarding program income. Without this ordinance the funds cannot be utilized for approved activities. Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement the City Council agenda and public hearings. Alternatives: Not appropriating the additional revenue, which means that citizens would not receive the benefit of the HOME program resources. Recommendations: Approval Attachments: Ordinance Recommended Action: Approval of attached ordinance. Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: (~,~ ~_ .~1~2 C:~Docu~.~nts and Settings\stsiouts~Favorites\HOME funds.arf, wpd 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO APPROPRIATE $11,711 OF ADDITIONAL HOME PROGP~AM REVENUE FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR HOME APPROVED ACTIVITIES WHEREAS, $11,711 of additional HOME program revenue has been realized from the United States Department of Housing and Urban Development. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $11,711 of additional HOME program revenue is hereby appropriated to the FY 2002-2003 Operating Budget of the Department of Housing and Neighborhood Preservation for HOME approved activities, with revenue from the federal government increased accordingly. Accepted by the Council of the City of Virginia Beach, Virginia on the day of , 2002. CA-8693 ordin/noncode/HOME Funds.ord November 20, 2002 RI Approved as to Content: ~ Management} Servi'ces Approved as to Legal Sufficiency: Department of'Law CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: American Parking Solutions, Ltd.- Conditional Use Permit MEETING DATE: December 3, 2002 Background: An Ordinance upon Application of American Parking Solutions, Ltd., for a Conditional Use Permit for the bulk storage of motor vehicles on the east side of Military Highway, approximately 1,700 feet north of Alexandria Lane. Said parcel is located in the 600 block of S. Military Highway (GPIN 1456376863) and contains approximately 48 acres. DISTRICT #2 - KEMPSVILLE The purpose of this request is to obtain a conditional use permit for bulk storage of motor vehicles on the site for a period of two years. Trucks from the Ford Assembly Plant will be temporarily stored at this location prior to shipment. Considerations: The applicant proposes to use the site for the temporary storage of motor vehicles, specifically a new line of Ford trucks. The vehicles will be driven from the Ford Assembly Plant in Norfolk and stored at the site for up to six months pending shipment to dealers. Vehicles may be moved back to the plant modification center for modifications. Approximately 200 vehicles per day will be driven from the plant to the site until the site reaches its ultimate capacity of 6,300 vehicles. Once shipment to the dealers begins, approximately 200 to 300 vehicles a day will be moved. The applicant proposes the use for two years. Security personnel will be on the site 24 hours a day. Proposed improvements include grading of the site, installation of TemPark (a temporary parking mat) over a base of stone, a six foot chain link fence along the western property line, a six foot wood fence along the southern and eastern property lines, adjacent to the residential areas, temporary lighting, and two 12 foot by 50 foot office trailers. Staff recommends approval. There was opposition to the request. Attachments: Staff Review Disclosu re Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. City Uanage~ !~ ,, Planning Departmentv/~ Submitting D,.~artment/Agel~cy: ~~' American Parking Solutions, Ltd. Page 2 of 2 Recommendations: The Planning Commission passed a motion by a recorded vote of 6-3 with 1 abstention to approve this request with the following conditions: 1. The Conditional Use Permit for bulk storage of motor vehicles shall be valid for a period of two (2) years commencing with the granting of the permit by the City Council. Use of the site shall substantially conform with the submitted plan titled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF MURRAY PROPERTY, MILITARY HIGHWAY, VIRGINIA BEACH, VA", prepared by MSA, P.C., dated 11/12/02. Said plan is on file with City of Virginia Beach Planning Department. A waiver to on-site improvements (curb, gutter, asphalt or concrete) shall be requested to and approved by the Administrator of the Permits and Inspections Division of the Planning Department for the use of the proposed 'temporary parking mat' system. 4. There shall be security on the site twenty-hour (24) hours a day, seven (7) days a week. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining residential areas. Outdoor lighting fixtures shall not be erected any higher than 14 feet. The applicant shall submit a lighting plan to the Planning Director, or his designee, for review. 6. There shall be no delivery of vehicles by truck or automobile carriers. 7. There shall be no outdoor loudspeaker paging systems. 8. A solid fence, a minimum of six (6) feet in height, shall be erected along the eastern and southern property lines adjacent to the residential areas. November 13, 2002 General Information: APPLICATION NUMBER: REQUEST: ADDRESS: B08-211-CUP-2002 Conditional Use Permit for Bulk Storage of Motor Vehicles 600 Block of South Military Highway, the east side of South Military Highway, 1700 feet north of Alexandria Lane ~° American Solutions, Ltd. GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 14563768630000 #2 - KEMPSVILLE 48 acres Gpin 1456-37-6863 Faith Christie and Stephen White To obtain a conditional use permit for bulk storage of motor vehicles on the site for a period of two years. Trucks from the Ford Assembly Plant will be temporarily stored at this location prior to shipment. Planning Commission Agenda ~.~~ November 13, 2002 ;~~ AMERICAN PARKING SOLUTIONS, LTD. / # 18 Page 1 Major Issues: Compatibility with the surrounding uses, especially the residential areas to the east and south of the site. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The site is undeveloped and is zoned I-1 Light Industrial. Surrounding Land Use and Zoning North: South: East: West: · A Radio Station Transmitting Tower/I-1 Light Industrial · Single-Family Dwellings/R-10 Residential · Single-Family Dwellings/R-10 Residential · A variety of Commercial and Industrial uses / I-1 Light Industrial and B-2 Commercial Zoninq History The site was originally a borrow pit used for road construction in the area. Filling of the pit began in 1958. A conditional use permit was approved in 1982 to continue the fill operation. A conditional use permit was approved on July 12, 1994 for bulk storage of motor vehicles, recreational vehicles, boats, tractor-trailers, and heavy equipment and machinery. The following conditions were attached: 1. The applicant shall obtain a variance from the Board of Zoning Appeals to the Category VI landscape-screening requirement along the Eastern, Western and Northern property lines. 2. A deferral or waiver to on-site improvements (curb, gutter, asphalt or concrete) must be requested to and approved by the Administrator of PW / Permits and Inspections. 3. The applicant shall meet with the Planning Department staff to determine the extent of environmental features, including any Resource Protection Areas, on the property prior to the submittal of detailed site plans. 4. Access only from Military Highway. 5. One hundred (100) foot buffer from the residential area on the south side. 6. Twenty-five (25) foot tree buffer on the east side. This conditional use permit was never activated. A conditional use permit for a temporary recycling operation was approved in December 1994. A variance to the required Category VI screening along the eastern, western and northern property lines was approved in April 1995. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 65dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The site is located within the Elizabeth River watershed, and is subject to the provisions of the Chesapeake Bay Preservation Ordinance. The submitted concept plan does not identify any environmentally sensitive areas on the site, and it appears that the Planning Commission Agenda November 13, 2002 AMERICAN PARKING SOLUTIONS, LTD./# 18 Page 2 Resource Protection Area may affect the northwest and northeast portion of the site. Issues regarding storm water management and Chesapeake Bay Preservation Area Ordinance will be addressed during detailed site plan review. Public Facilities and Services Water and Sewer Water: Sewer: City water is available to the site. City sewer is available to the site. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): South Military Highway in front of this application is an eight lane divided major urban arterial as designated on the Master Transportation Plan. There are no plans in the CIP for this facility. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 34,940 ADT ~ Level of Existing Land Use 2 _ 2,486 South Military Highway 42,000ADT ~ Service "C" Proposed Land Use 3. 750 Average Daily Trips as defined by based on 48 acres of I-1 Industrial zoning as defined by based on the proposed use Public Safety Police: Fire and Rescue: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Adequate - no further comments. Comprehensive Plan The Comprehensive Plan map designates this site as suitable for suburban employment including business parks, offices and appropriately located industrial uses. The Outdoors Plan identifies this site as a potential open space and recreation area; however, there are no immediate plans to acquire the site. Planning Commission Agenda November 13, 2002 ~'~ ":" AMERICAN PARKING SOLUTIONS, LTD./# 18 Page 3 Summary of Proposal Proposal The applicant proposes to use the site for the temporary storage of motor vehicles, specifically a new line of Ford trucks. The vehicles will be driven from the Ford Assembly Plant in Norfolk and stored at the site for up to six months pending shipment to dealers. Vehicles may be moved back to the plant modification center for modifications. Approximately 200 vehicles per day will be moved from the plant to the site until the site reaches its ultimate capacity of 6,300 vehicles. Once shipment to the dealers begins, approximately 200 to 300 vehicles a day will be moved. · The applicant proposes the use for two years. Security personnel will be on the site 24 hours a day. Proposed improvements include grading of the site, installation of TemPark (a temporary parking mat) over a base of stone, ,--2, ..... ~, · .... ~...,~., scrcen',n.g a;e,Jnd the '-'~-~""-*'"- '''~ *~'"' °~*'" a six foot chain link fence along the western, eastern and southern property line, a six foot wood fence along the southern property line, temporary lighting, and two 12 foot by 50 foot office trailers. Site Desiqn · The conceptual site plan depicts 6,526 parking spaces~=a~=y-~ ccreening ;~ "~' ........... '" *~e """;""~*~'" '''~ *~'"' °;*" A solid fence is depicted along the southern property line, and the existing trees are to be retained along the eastern property line. An additional buffer area, varying in width of 60 feet to 100 feet, is shown adjacent to the residential areas to the east and south. Vehicular and Pedestrian Access · There is one existing entrance to the site from South Military Highway. Architectural Desi,qn · Two 12 feet by 50 foot office trailers are proposed for the site. Landscape and Open Space Design .... ~v,, ccreen:ng ;o ,4,~,.;,.,,-,,4 ...,., .-,,4 ,~,., perimeter ~,~ *~,,~ -';*-' A six foot chain link fence is depicted along the eastern, western and northern property lines, a six foot wood privacy fence is depicted along the southern property line, The existing trees along the eastern property line are to be retained. Additional buffers of 60 feet to 100 feet are shown adjacent to the residential areas to the east and south of the site. November 13, 2002 AMERICAN PARKING SOLUTIONS, LTD. !# 18 ~% Page 4 Evaluation of Request The request for a conditional use permit for bulk storage of motor vehicles is acceptable subject to the conditions listed below. The applicant proposes to use the site to store trucks from the Ford Assembly Plant, in Norfolk, for two years. The proposed use is consistent with the Comprehensive Plan recommendations for the site. Staff recommends approval of the request subject to the conditions listed below. Conditions The Conditional Use Permit for bulk storage of motor vehicles shall be valid for a period of two (2) years commencing with the granting of the permit by the City Council. Use of the site shall substantially conform with the submitted plan titled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF MURRAY PROPERTY, MILITARY HIGHWAY, VIRGINIA BEACH, VA", prepared by MSA, P.C., dated 10/!5/02 11/12/02. Said plan is on file with City of Virginia Beach Planning Department. A waiver to on-site improvements (curb, gutter, asphalt or concrete) shall be requested to and approved by the Administrator of the Permits and Inspections Division of the Planning Department for the use of the proposed 'temporary parking mat' system. 4. There shall be security on the site twenty-hour (24) hours a day, seven (7) days a week. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining residential areas. Outdoor lighting fixtures shall not be erected any higher than 14 feet. The applicant shall submit a lighting plan to the Planning Director, or his designee, for review. 6. There shall be no delivery of vehicles by truck or automobile carriers. 7. There shall be no outdoor loudspeaker paging systems. 8. A solid fence, a minimum of six (6) feet in height, shall be erected along the eastern and southern property lines adjacent to the residential areas. Planning Commission Agenda November 13, 2002 AMERICAN PARKING SOLUTIONS, LTD. / # 18 Page 5 Planning Commission Agenda November 13, 2002 AMERICAN PARKING SOLUTIONS, LTD./# 18 Page 6 APPLICATION P/IGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACIt DISC LOSURE STATEMENT Applicant's Name:. Ame.rig.an. parking SQ.l. ut..ion_$.., Ltd. List All Current Property Owners: PROPERTY OWNER DISCLOSURE lfthepropertyowncrisaCORPORATION, listalloffi~oftheCorpomtion below: ~ttachlist~necesxa~) ..... ~...R, B.Q~er_.~ ~residen£ .................................................................................. ............. E~gor..Ma. cKi~l~y.....~.. $.~.~.r~.~ry ............................................................................. If the property owner is a PARTNERSHIP, FIRM, or other UNINCO.RI'ORATED ORGANIZATION. lis~ all members or partners in the organization below: Ofttach list if necessary) '.~ Check here if~be properly owner is NOT a corporation, partnership, firm, or other unincofl~orated organization. lf the applicant is not the current owner of the property, cotnplett the Applicant Di.~cio, vttre ~ection below: APPLICANT DISCLOSURE if the applicant is a CORPORATION, list all officers of thc Corporation below': (Attach list ifnece.~'sary) Basil .A.. ?p!,ix~k.a. ..................................................................... Andrew B. Polivka .!)a.n.£el. E. Po!._.i.v_k.~ If the applicant is a PARTNERSIllP, FIRM, or other UNINCORPORATED ORGANIZATION, list all memb, c-m or partners in the organizalion below: (,~ttach li~l't ifnec~gsar),) ~ Check here if the applicant is NOT a corporation, parmer~hip, firm, or olher unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurat~ Signature Print Name Planning Commission Agenda November 13, 2002 AMERICAN PARKING SOLUTIONS, LTD./# 18 Page 7 Item #18 American Parking Solutions, Ltd. Conditional Use Permit for bulk storage of motor vehicles 600 Block, South Military Highway District 2 Kempsville November 13, 2002 REGULAR AGENDA Robert Miller: The next item is Item #19, American Parking Solutions, Ltd. Don Crowder: I thought you had our names to call? Robert Miller: I do. We have to have Mr. Bourdon make his presentation and then will call the names. Don Crowder: Okay. Eddie Bourdon: Mr. Chairman. Members of the Planning Commission. For the record, my name is Eddie Bourdon, a Virginia Beach attorney. And this is a deja veu. This particular application, American Parking Solutions, Ltd, in 1994, I had the privilege of handling for EV Williams, an identical for all intense and purposes application for bulk storage on the property. And it was because of having been brought into this, at the late, that I looked at the plans and corrected a couple of things. That is why the new plan is here. When this was approved by City Council in 1994, but only partially activated and then abandoned really, one of the conditions was that because along the, we have a borrow pit here on Gammon Road, which is a paper street, here we got a heavily wooded area. We petitioned Council and the BZA, and the BZA approved it to waive the requirement in here of planting bushes adjacent to our fence. We also asked for approval for a chain link fence, which was approved provided we left a 50 foot treed buffer here. In the report, it talked about a 25-foot buffer, and I don't know if that was because the plan submitted with this application was inaccurate. I couldn't tell from that. It is a 60- foot and the plan that is resubmitted is a 60 foot treed buffer with existing trees, with heavy vegetation that currently exists along here that will remain and a variance that was approved for that by the Board of Zoning Appeals. Down to the south we have agreed to have a solid fence here. We met with the community, I would like to say Lakeview Estate, but that may not be the correct, maybe West View Estates, that we would have a 100 foot buffer here and a solid fence because there is the same vegetation here and this is just open fields and that is part of the revised plan. So it's consistent to what was approved previously and then against the plans that are before you make sense. I think everyone can understand them. The operation is one that is vital and very necessary to the Board, and it's a temporary use. It'll only be in place for two years. The conditions, the 24-hour security as mentioned is perfectly acceptable, and all the conditions are acceptable except for one, and that is the hours of operation. Because the Ford Plant does work, not all the time, but they work around the clock, there is the need for flexibility and Item # 18 American Parking Solutions, Ltd. Page 2 being able to deliver the cars for storage here and hours beyond those that are listed. There is no access to this property through any residential area. The access is off of Military Highway, so, I'm not really not cognizant of where the issue would be. It's not a noisy operation. All they're going to is deliver new vehicles that are stored here temporarily until they can be trucked off to dealerships, given the expansion that's taking place at the Ford Plant. It's a temporary use and a good location and a good facility, a good use of this industrial zoned property. It's in a holding pattern at this particular juncture. The only problem with any of the conditions is the hours of operation. We do need to have some flexibility in terms of the delivery of the vehicles to the property. Ronald Ripley: Will Din's got a question. William Din: If you're finished? Eddie Bourdon: Yes sir. William Din: Okay. Can you explain a little bit about how the operation works? You got trucks coming in off Military Highway into this entrance. Where do they actually load and unload vehicles from? Eddie Bourdon: I'm not sure. Unfortunately, the gentleman from Ford and my clients went to get something to eat and didn't realize it was going to be on so quickly, but as I understand it, I can tell you the entrance and the delivery will be off of Military Highway. The trucks will be delivered there and they'll drive to the parking spots. So, you're not going to have trucks in the drive aisles and the drive aisles are not long enough that you're going to have any large trucks that are going to be traversing the property. They'll be dropped off and the trucks themselves will be taken to the spots. William Din: So they actually enter onto the matted area that you're talking about? Eddie Bourdon: Correct. Yes. The mat with the crush and run or rock that is beneath the mat will be located on the entire use portion of the property. William Din: Then you'll have the individual trucks that are unloaded, they will be driven to the parking spots. Eddie Bourdon: That's correct. Mr. Din, I'm also not totally certain they won't actually be driven here, rather than delivered in a carrier vehicle. They may well be driven here. I'm not a 100 percent certain. I didn't anticipate that question as whether they are going to be delivered with a large truck and dropped off, or rather they will actually be delivered from the Ford Plant since it's in such close proximately. Before we're done, I should be in a position to give you an answer to that. William Din: What kind of noise situation is involved in this area. If you have a carriers there, you know, the unloading of the trucks or loading of the trucks driving around, you Item #18 American Parking Solutions, Ltd. Page 3 know, I kind of resist what your statement there about changing the hours of operation because of the amount of vehicles you are talking about here. Eddie Bourdon: The immediate noise level from Military Highway is going to completely cover over one additional vehicle. I mean, I'm not sure again, it's just an engine running on a vehicle. I don't know if there is any noise there over and above again, the significant traffic volume on Military Highway. William Din: Well, you're approaching a lot of the neighborhoods in the back also, okay and long the sides. I agree, maybe Military Highway is going to have a lot of ambling noise, but what is the noise level of your operation. Eddie Bourdon: The truck is just like a truck driving down a residential street. It's a truck that's operating, driving down a drive aisle, and parking like they park in the parking lot. It's not any manufacturing or anything of that nature, it's just a place. William Din: I think it depends a lot on how it's going to be loaded or unloaded. If you have carriers there, you obviously have a lot of clanging of the ramps and things like that. It depends on how deep into the site your truck actually goes into. Thinks like that. Eddie Bourdon: I'll get you an answer to that question. As I said, I'm not certain that there's actually going to be delivery by a truck, but again, it's not set up for a very large delivery vehicle to come on site at the entrance. It only makes sense that will it will be. William Din: I'm not familiar enough with the type of foundation that you intend to put here. Red crush and run and mats. Is that enough to support the vehicles that you're talking about if you have carriers with all those vehicles on them. Eddie Bourdon: Again, there aren't going to be carriers driving throughout this piece of property. IF there are carriers involved at all, carriers are only going to come to the entrance of the property. That's where you drop off. You're not going to be driving through the vehicles that are already parked there. If there is going to be delivery by carrier, I can assure you that you will get the answer when the Ford folks get here. There is not going to be carriers driving on this piece of property. The trucks themselves will be operating on the piece of property. William Din: I guess my last comment is, do you have any idea what kind of lighting is going to be on this site? Eddie Bourdon: I'm not sure other than temporary security lighting is all that ! would anticipate that there's going to be. It's all temporary use to begin with. There will be enough to create security. It's not going to be lit up like a shopping center. Ronald Ripley: Eddie. Got some more questions. Item # 18 American Parking Solutions, Ltd. Page 4 Robert Vakos: You're probably not going to know the answer to this one either but... Eddie Bourdon: Sorry about that. Robert Vakos: That's alright. How many vehicles? It said 200 vehicles a day. Is that what they anticipate moving on and offthe site? Eddie Bourdon: That would be the average. Robert Vakos: That's the average. And the total is 6300 vehicles. Eddie Bourdon: Potentially. Robert Vakos: And that is my question. Is that maximum or is that the average that will be onsite at any given time? Eddie Bourdon: That's going to depend on market is the answer to that question. If sales are slow, you may well have a situation where the lot becomes full but the anticipation would be that would not be the case. Robert Vakos: You're not sure. Eddie Bourdon: I don't think anyone can be. Robert Vakos: I would hope from a marketing standpoint, they would 1 know how many cars they would expect to have inventoried and how many they would have to move. I know this is the maximum and you know that's fine. Maximum doesn't necessarily determine what the average would be. It's probably more important. Eddie Bourdon: Again, that's a question in terms of the average of the vehicles that will be parked there at any given time. Robert Vakos: Again, Betsy's showing me something right here. There seems to be a conflict in there on page 5, it says 6525 and right above that it says 6300. Do you know which one? Eddie Bourdon: 6325. Robert Vakos: It's what? 6325? Eddie Bourdon: That is the plan of 6325, plus or minus. It's plus or minus. It hasn't' been entirely laid out. There's a possibility. Robert Vakos: Nothing over 6000. Item # 18 American Parking Solutions, Ltd. Page 5 Dorothy Wood: That's a lot of trucks. Robert Vakos: Yeah. Ronald Ripley: Buffers Ed? The buffers on the west side, you must have said it but I didn't get it. The width of the buffer and what you're going to do in there. Eddie Bourdon: The buffer on the west side is simply a fence. There is no setback from the industrial and business, there's nothing other than the fence. The buffer on the east side is 60 feet treed area where there are existing trees there. To the portion of the east side is where Gammon Road, is a 50 foot unimproved right-of-way next to the borrow pit. There is no buffer there because there is nothing to buffer it from other than a road, trees and a borrow pit. Ronald Ripley: Is that south side you're saying? Eddie Bourdon: No. That would be the east side. This is the area where there is 60 foot treed buffer. This is the area where Gammon Road is unimproved paper street for most of it. There are a few trees along here but its not a heavily treed area like we have here. There's a borrow pit there, a lake, and here is where there's a 100-foot buffer, which is not reflected on this particular, and that is why I was corrected when I got involved in this. It's a 100-foot here from this community with, which was promised to them in 1994, there are some trees here. Again, it's not heavily treed area as we have in this section here. And then there's no landscaping provided here because you got industrial business type uses are 24-7 in some cases. Ronald Ripley: Thanks. Eddie Bourdon: I'll try to get you the answers. I'll have to run over to Zero's to get them. Ronald Ripley: Okay. Do we have anybody to support? Robert Miller: No. Ronald Ripley: Okay. Robert Miller: Tina Cummings. Ronald Ripley: These are people who are opposed to the application. Tina Cummings: Good afternoon. Ronald Ripley: Good afternoon to you. Item # 18 American Parking Solutions, Ltd. Page 6 Tina Cummings: My name is Tina Cummings. I live in Riverton. I live on the little lake called Lake Gammon. And I'm really here to try and protect our little oasis. We have truly a lovely area. We moved in 1971 to Riverton and at that time the lake was still there and there was another lake that is now being used as dumping grounds. They were trying to fill it in and they put all kinds of material into it. There were washing machines and dishwaters and everything. We were concerned about that what was going in. I live on the east side of the parking area, that's going to be a parking area. And we were concerned what was going in there. So, we planted, me and the neighbors planted all that around the lake, planted pine saplings. We bought 700 pine saplings and planted them and they are the ones that are being referred to as the trees. They are up and down Gammon Road. And so, consequently we enjoy a lifestyle that's really in a moderate priced neighborhood, it's very wonderful. We have waterfowl and we have all kinds of little mammals in our backyard. It's just a lovely area. Now we know that we can't do a whole lot with the fact that property that someone else owns, but my main concern and I speak for my family and myself, I am a member of Riverton Civic League, but our main concern, my family's main concern is the fact that there will be noise. He brought up the noise level. We were concerned over the fact that you're bringing in large trailers filled with cars. Ford is not going to be driving 200 cars back and forth a day. So, they are going to come in on big trailers. There's going to be the noise from the brakes, and I even can hear loud speakers directing traffic from this lot. I also feel that the one thing that we're mostly concerned about is the fact that you're going to have for security purposes, you're going to have to have lighting. And if we're going to live next to something that is going to look like a stadium this is going to be horrendous. And for you Mr. Horsley, who's a farmer, you know that chickens will never come home to roost. When you have lights 24 hours a day, and this is a great concern because right now we have a beautiful lake that in the afternoons of course, we see the trees mirroring on the lake. And at night we have the moon shining down on the lake. It's beautiful. And to have lights like that 24 hours a day, that's a major, major concern. So, all I can do is ask on behalf of myself and my family, that you take that into consideration. You know we really do enjoy what we have there. We've done a lot throughout the years to keep it. Long before neighborhood watch was a buzz word, we were already watching out there and we were watching that no one would take down our saplings and we nurtured them if we had some left over, some little trees in the backyard, while we scurried over there and planted them on the banks so we would be protected from anything that was being built over on the other side. And I know the people that live in Lakeview, they have a great concern and especially the ones that live in Lakeview Estates who are looking directly at the lights. I mean this is going to be horrendous. It really will disturb people's lives. My husband and I are now retired, and we would really just enjoy it so. If you can you use your wisdom and help us we would really, really appreciate that. Thank you very much. Ronald Ripley: May I ask a question? Tina Cummings: Ah huh. Item #18 American Parking Solutions, Ltd. Page 7 Ronald Ripley: First of all, could I ask staff. On the lighting, could you describe the lighting? Who's this, Faith? Faith and Stephen. Which one of you all want to do it? Stephen White: with staff. I think that's a question that's probably left to the applicant than it is Ronald Ripley: Okay. Then we'll get to them in a minute then. And the other question is when you bought your home back there, did you realize that this property was zoned industrial? It's zoned today industrial. Tina Cummings: Yeah, it's zoned. But we did not know then. We didn't know that it was actually industrial. We didn't know what was coming in. We were concerned because we saw what was happening when they were filling it in. We knew that they could not build any decent houses there because of the type of fill that is in there. And I don't think we were so concerned about the fact that it was going to be used commercially. We wouldn't want to be next to a big shopping center and have that lit up. And I don't think that the car storage in itself is really a major problem, at least not for us, where we are because of the trees. But I do believe the lighting is the main thing. Ronald Ripley: Okay. Tina Cummings: I mean that's just to bring them up during the day it's not right really. Ronald Ripley: Okay. Tina Cummings: Okay. Ronald Ripley: Thank you very much. Tina Cummings: Thank you. Donald Horsley: Could we let him address the lighting before we hear from the other opposition? Ronald Ripley: I think that's a good idea. I've got one question for her? How tall are your trees? Oh gosh. Let me see if my husband can help me. How tall are our Eugene Crabtree: Tina Cummings: trees? Mr. Cummings: They're probably 50-foot. It's only about a single row. It's really primary to hold the bank because that borrow pit was washing in and we primary put them to hold the bank because originally there was nothing planned for over in that area. Item # 18 American Parking Solutions, Ltd. Page 8 Ronald Ripley: Okay. Thank you very much. Tina Cummings: Okay. Thank you. Ronald Ripley: Mr. Bourdon, would you address light and sound. Eddie Bourdon: I'll just address those two. And I apologize for not knowing the answers. My folks are here. The lighting is absolutely minimal lighting. I mean way below anything that would be in commercial because there is no public here. It is just temporary lighting, approximately 14 feet in the air, pointed down, inward and it's just the minimal amount necessary to provide security. We'll work with the community. It's not going to be a lighting issue. They have no need to light this up, just simply enough to provide minimal security to the project. And as far as, there is no delivery of any vehicles by any equipment. It's all simply the trucks themselves driven from the Ford Plant here individually and parked here. Three is no delivery whatsoever other than that. Ronald Ripley: Any kind of sound system on the property announcing bring this truck up and whatever? Eddie Bourdon: It's just a temporary storage, and I'll address one other issue. It's about half full on average. They deliver during the course ora month it will fill out and they will be delivered out, and it will go back down and start back up again. Ronald Ripley: Okay. Don? Donald Horsley: Eddie, while we're there, you said they are going to drive them all there. Eddie Bourdon: That's correct Donald Horsley: How about when they leave? Eddie Bourdon: Same. Donald Horsley: There going to drive them away? Eddie Bourdon: Yeah. Is that not correct? That is correct. Donald Horsley: Okay. Eddie Bourdon: They will drive them back to the Ford Plant and load them there but there's no room at these places. Donald Horsley: The reason why I'm questioning is I remember, if I'm right, I think it was Ford who had a lot over in Chesapeake, Yakin Road, I believe. And I saw car carrier Item # 18 American Parking Solutions, Ltd. Page 9 brings them because it's too far to drive vehicles, but it's going to be the same type of venue here that over here is what I'm guessing. Is that right? I see some heads going like that. Eddie Bourdon: They told me that there are no deliveries that the trucks themselves are driven and the trucks themselves are driven back. Donald Horsley: That's a pretty good job just driving a fleet of trucks back and forth. Can you help me? Betsy Atkinson: That was my same question. So they will drive the car back to the Ford Plant and put them on the carriers and they will ship them off. But no carriers will be on the site. Can you condition that? Ronald Ripley: Okay. Can we get the next? Robert Miller: Dawana Jenkins. Donald Horsley: John, maybe if it keeps raining I can get a job with Ford. I like driving trucks. Dawana Jennings: Good afternoon. Members of the Planning Commission. M name is Dawana Jennings. I live in the Riverton Section, also in Kempsville, and I speak personally for my household, and also in general for other members of my neighborhood as well as the civic league. We are collectively concerned with the future development of this property obviously due to the close proximately of our home. My home is less than 200 feet from this property. Before August 2001, we did have a 40 acre treed buffer. That tree buffer is now called Hunts Point on the Elizabeth. It is $350,000 single-family homes, so we no longer have that buffer that Mr. Bourdon is mentioning there. It is again, a one level, one layer treed area that is separating now the residential area from this parcel. Right now, my home as well as 35-40 other homes can see Military Highway clearly over this lot because there's no buffer there now. We are of course concerned with the visual and the audible concerns of this property as well as getting a buffer for the Military Highway screening. The major concern with this development is the restriction of the excessive lighting, noise buffer and of course the visual aspects that this parking lot is going to have on our property. Again, is going to look like a parking lot up next to some nice homes? As the plan states, the parcel was approved for bulk storage several years ago and certain conditions of those being adequate buffers including fencing, landscaping and restrictive lighting. None of these conditions were met due to the smaller area that was actually used back in 1994. What we are asking for is just the same considerations and conditions including the privacy issues that we mentioned as well as the safeguarding of our neighborhood integrity and issues concerning the excessive lighting, noise and dust. I would also like to mention on a similar note that this property is being considered part of the open space project called Jonathan's Cove Recreational Facility. We would like to stress the need of a recreational facility in our area. Riverton Item #18 American Parking Solutions, Ltd. Page 10 Estates as well as West View Estate, Jonathan's Cove River Crest Landing, Providence Landing, Lakeville Estates and Elizabeth River Shores, which consist of well over 1500 home are all without access to a neighborhood park. But again, we're not trying to prevent this individual or company to restrict the use of his property, we just want to be a good neighbor and we want him to be good neighbors. And I thank you for your time. Ronald Ripley: Thank you very much. Donald Horsley: Could we get the map up there so we can see where she actually lives to see where this buffer went away. Can you show us where you live? Dawana Jennings: Right there. This property right here used to be woods. It's now 56 homes called Hunt's Point on the Elizabeth, there's no woods here at all except at Gammon Road. There's some brush on the other side of Gammon Road, which is growing out of the ditch area all along here. And or course up here is the Elizabeth River and all this drains into the Elizabeth River that way. Me being here, there's not home. There's only one occupied home on this parcel, and it's right here at the bottle area. There are a couple of homes being built in here but everything else is just a dirt track right now. I'm sure eventually there will be homes on all of this area and that will be several years down the road but a lot of this area is 40 acres of woods are gone. The only woods that are left are right here along the borrow pit. And right here there are no trees, and right here there's some trees but they are not on this parcel. They are on the Hunt's River developer area. Donald Horlsey: Thank you. Dawana Jennings: Thank you. William Din: One question. The trees that you just mentioned there, is that the single line of trees that somebody else mentioned? Dawana Jennings: Yes. Those trees found on the borrow pit were the ones that were planted by the residents of Riverton. William Din: On the borrow pit is the single line of trees? Dawana Jennings: Right. This is the single line of trees bordering the borrow pit and Gammon Road. There are no trees from here to about right here, and then right in this little crevice here, there are some trees there. They were left by the owners of the Hunt's Point area for their property. Ronald Ripley: Thank you very much. Dawana Jennings: Thank you. Item #18 American Parking Solutions, Ltd. Page 11 Ronald Ripley: We have five more people who signed up to speak. And if you're going to be redundant about some of the things that have been said, I would really appreciate it you trying to shorten up what you have to say. Enough said. Would you call the next? Robert Miller: Don Crowder. Don Crowder: Good afternoon ladies and gentleman. My name is Don Crowder. I'm the chief engineer for COMIT Corporation, which was previously WCMS radio. The owners of WCMS radio and the adjacent properties merged. I'm here on their behalf and I was asked to represent them. They own 18 acres up at the top of the map. Robert Miller: You could use that pointer. Don Crowder: Right up in here somewhere. The 18 acres that they own is the adjacent property. It's two pieces of property, two 9-acre pieces. The first nine acres contains three transmission towers for WCMS radio and WFOG AM, what was previously WCMS AM. The other nine acres were basically filled in about the same time that was filled in. So, there's a 9-acre buffer between there but the total is 18 acres. They wanted me to oppose this on a couple of reasons. They currently have this site for sale, the 18 acres. Having seen this in the past that the Ford Plant has cars and trucks out there, not cars, trucks and being we're a fan of Ford too. It's not really doing anything with Ford but they previously had cars parked out there in this field. The field, you have to get a scope of how big it is, it's 48 acres. It's huge. It's about a third of a mile long. I don't know actually how wide. But when you take an open field like that and you park a row of yellow automobiles out there and red ones and white ones over here, you don't drive pass it like you drive past a normal building. Even if was a commercial building, and it's an ugly building, you notice that it's a building but it doesn't set out like an orange flag and basically that what this does. I'm quite shocked that they would even try this because of this new development there, this Hunt's Point. There's a new home there right now. It's no further from the property than twice the distance of this room. And this is right up where the trees first start. And the tree area in between that home and the property is none. Absolutely none. Just past the house it starts. Right down, further where the lake is, I use Gammon Road for over 25 years as an access point to this property and I also maintain it. Back up on this other end here, the tree line that they're talking about along the lake is here, to the wall and that's all of the trees that are there. And that starts from the end of Gammon Road up half through the property, up to where they show where the tree line starts. And since then that is when the Hunt's club been put in there. If you were in a home over there, in your living room, there is no way that you are even in any room that you're in there, you walk up. And these are homes that are built up on a crawl space, so you will be this high to start with. There's no way that you could not see. This is what you'll be looking at, 48 acres of cars. This also goes for the people in Jonathan's Cove, that are existing down on the river. Their view is of this property too. That being said, the property that they have there they think it will be devalued the property or devalue what can be done with the 18 acres that's there. There's a bigger issue there as far chief engineer of an AM radio station. Any metal that is placed Item # 18 American Parking Solutions, Ltd. Page 12 within 1 mile of an AM radio station has the ability to reradiate that. And it changes the characteristics of a radio station. These characteristics are monitored every two hours by FCC regulations. For instance if I want to build a tower within a mile over there, I would have to notify any tower within that mile there that had an AM that I was going to do this, I would have to take readings of their facilities and then once my construction was done, ! would have to go back and take readings of their facility to make sure that it did not effect their facility. This is a three-foot stick a mile out. I think if you take 48 acres of metal and put it out there, there is a reasonable assumption that they can be a problem with this radio station. WFOG rents, they lease their tower from COMIT Corporation. That is whom I represent. I can't really tell you for a fact that will be an issue. It's a high probability that it will be an issue. And with that, I thank you for your time and consideration. Any questions, I'll be glad to answer them. Ronald Ripley: Does anybody have any questions? Thank you very much. Don Crowder: Thank you. John Baum: I have a comment. I'm wondering how those houses get planted next to an industrial area and a filled in borrow pit. Robert Miller: Zoned that way. John Baum: It zoned that way. But what I'm getting at is you'll have to an idiot to buy a lot. Robert Miller: Robert Farmer. Robert Miller: Lin Benson. Okay. Robert Miller: Mike Newsome. Mike Newsome: Ladies and gentleman, my name is Michael Newsome. Otherwise referred to the idiot that bought that property. John Baum: No apologies necessary. Mike Newsome: At the time we bought that property, it was zoned B-2. And has since gone to light industrial. Ronald Ripley: Mike, can you point that out please? Mike Newsome: Yes. Ronald Ripley: You got a pointer right here. Item # 18 American Parking Solutions, Ltd. Page 13 Mike Newsome: I hate these things. Ronald Ripley: If you step away, we can't here. Mike Newsome: I'm going to be all over the screen here. Let me see ifI can steady it. Our property runs from this point, up to there, back down and this way. When the counselor for the applicant was talking about the trees, he's talking about his area right here. And I thought I was going to have to a difficult time proving my point. But I think the homeowners around here are very familiar with this property. Those trees are on our property. There's a ditch line that runs along here that empties into the Elizabeth River. A few scab trees? not scab trees. What's a better word for it? A couple of stray trees on the other side of that ditch line. So we have taken great pains. You know, development is not necessarily a tree's best friend. And we've gone through a lot of pain. We replanted the azaleas that were in there. We relocated them. We tried to be a good steward. We saved as many trees as we can. But the impact is going to be severally felt. I'll be brief and try to be concise. I thank you for your patience, and you got an agenda here. First off, I apologize if it appears that I've surfaced from the shadows to speak against this proposal. As some of you know, I've been in the applicant shoes and I like to know who my opposition is, and what there opposition is based on, so I can have an opportunity to get with them, sit down and meet with them. We did that with Riverton, not that there was opposition because it's been residential property for many, many years. It's been zoned residential. We've could have put 80 something lots in there but through the development process we worked very hard. This is infill property at its best. This is anti sprawl, is what this is, what we have built in this community. Let me take if off my notes here. In this matter, I received notice yesterday at 3:44 when someone did a surprise fax to my office of the letter that may have gone out to other people. The applicant knows our address. I've spoken to him on the phone. We know each other. For some reason our input wasn't sought by staff or the applicant. Whether that's a legal requirement or simply a courtesy, it's important. Something that I've certainly gone through, and I know you encourage and I know staff encourages. We've done it for years and years. That's what we do. If we don't do it, we're faced with this opposition. During our land planning process, we were urged to meet with the community and we did. Our community represents residential infill. In a nutshell, our opposition is based on the following. This parcel is currently noted as a high priority and that's kind of glossed over in the report. But this is a high priority item for a park. While we were doing our due diligence period, we became aware of a proposal for stacked container units. And I will sketch you on actually what happened. I know that the heat of the issue, the application was pulled back. I don't think it actually got denied. Maybe the reality of the situation occurred to them and it went away. Ronald Ripley: I think it was withdrawn. Mike Newsome: It was withdrawn. Ronald Ripley: Maybe not even submitted. Item # 18 American Parking Solutions, Ltd. Page 14 Mike Newsome: Then that's what happened. That, plus it being a high priority and that's how it's listed in the plan here, a high-priority, certainly encourages us to go forward. We had the trees. We had the buffer. It was not a rash decision. Again, this is infill. This is what it's about. You want sprawl? Then allow things that will occur and effect potential good quality infill product to be negatively impacted by decision down the road in variances. That's not a path that I would encourage. We currently have contracts. There are a lot of fools in this world. We currently have contracts, closings and reservations on over 7.1 million dollars of property. That's ten sales by the way. We have one contract where we started at $800,000, we're now at a million dollars on the contract out there. You don't usually separate bright people from their money and those numbers. If we were notified these people would certainly be here with me. Stand up with me. I don't know if they will be here tomorrow if this passes and I'm concerned about that as well you should be. There have been some concessions mentioned on the plans and I can see no specific information. I see references to buffer. Well, that's our buffer and you're hearing from the applicant that they don't intent to put a buffer there. There isn't. It's been contested to it here and I can tell you that it isn't. ! got the surveys to prove it. There's no berming mentioned. There's reference to 25 foot and 60 foot tree planting buffer in that same document. It's confusing. As you started this process, think in your own mind you have a lot of questions and there were very few answers. I haven't heard answers yet. I got notified yesterday and I had the go out running. I drove out there as the clouds were starting to part and I find a sign leaning over notifying on Military Highway notifying us of this thing. There's a lot of places to put signs and I guess you want to put them in the most traveled place but I could think of a lot of people who are going to be impacted and the ones driving by at 55 MPH on Military Highway are not necessarily the one's who are going to recognize it and it will stand a potential. We certainly would have. During the planning approval process, we were actually required, and I want to think on this, we were required to remove trees for an area. This is a retention pond. We had a net reduction in the amount of spoils or sediment that runs off of this as opposed to what it was before. Because of what we have done with retention ponds, and the way we bulk headed, and did all the things in this area. But right here, we actually had to remove trees to provide for an area for this spoils in that retention to be spread out as they clean this thing out 10 years from now. We had to remove trees through the planning process. And to be told that don't worry about these things about buffering trees, we'll work this out in the planning process is a give and take. It goes both ways. They've got to go through various environmental reviews. It's a quick pro-quo. It's a give and take kind of thing. I don't know where it would hand out and I'm not comfortable sitting here saying or hearing to trust the process. It won't have any more of a negative impact. The hours of operation are 6 AM, and the hours of operation have been talked about. Light industrial is one thing. Light industrial doesn't have Sunday operations and operations until 9:00 o'clock at night. It simply doesn't. This operation will. This is more intensive use of that property. The staff notes indicate the zoning of I-1, however it was B-2 when it came along. And obviously it was also a lake. You heard from the Riverton folks who knew that what it was at the time and it has evolved since then to something far more imposing. In closing, the part you've all been waiting for, I recognize the importance of accommodating an important source of jobs Item # 18 American Parking Solutions, Ltd. Page 15 and revenue to the city and it's not our intention to stand in the way and be a road block. We're a small company. It's not a lot of money were talking about here. We're talking about Ford Motor. We couldn't be much of a roadblock for Ford Motor Company if they really wanted to get in the active mode here. However, we would ask for the opportunity to discuss and work with the staff and the applicant on these issues. I think the other points have been covered. My mouth is about as dry as I can stand it and I'm done. Are there any questions? Ronald Ripley: Dot Wood has a question. Dorothy Wood: Sir, since it is zoned industrial, what would you like to see there? It was B-2 you said. It has been industrial for a while but if it were, would a shopping center make you happy. That would b until 9:00 o'clock at night. Mike Newsome: A shopping center is not a likely use there from a practical standpoint. Light industrial could be storage-units as you heard from the previous applicant. Those are the kind of things that you don't have people coming in and out late at night. They shut those operations down at a reasonable hour. There are other uses and I don't deal on light industrial and some of you do. And you may be able to answer the questions better than I do. I don't know strictly what the perimeters of use for light industrial designate. can only speak to what I can see from this. When I'm thinking of the light issue, that's a very important issue, and to hear staff say well we're going to work that out, these are important issues that shouldn't be left to later. It impacts too many people. It's not a minor issue. Ronald Ripley: How long have you all owned the property? Mike Newsome: I believe we have actually owned it for about a year and half. Ronald Ripley: And it was rezoned? Mike Newsome: No it wasn't. It was zoned at the time residential. It was zoned for exactly what we're doing. Ronald Ripley: No. This property was rezoned since you bought it? Mike Newsome: I think it's confusing trying to see the history of this site. It talks about the history of the site. On number three, it says Conditional Use Permit bulk storage approved 12-00, it says rezoning approved to B-2 from I-1 to B-2. It was approved 3-24- 92, so sometime around the process that we were going through our due diligence was when apparently the Conditional Use Permit, and I'm sketchy on that, apparently when that Conditional Use Permit was approved. But, I'm not too sketchy as to what the proposed uses were and that was the stacked tractor-trailer. Ronald Ripley: Right. Item # 18 American Parking Solutions, Ltd. Page 16 Mike Newsome: And obviously. Ronald Ripley: Yeah. I think that probably was too high. It was... Mike Newsome: Yeah. There were issues with that. Wiser had prevailed in some regard and it was pulled away. Ronald Ripley: Well, you know', mentioned the park and somebody else mentioned the park, and I'm not speaking for the City about when are they going to require a park or if they ever will? And if they could ever get together with the owner of the property, what ever they sell it to them for or however that would work. But, it's my understanding one of the reasons, I guess one of the positive things about this is it is just a two year period. And the reason for the thinking, if I understood it and staff indicated that this is a possibility and whether or not it ever happens is that the Parks and Recreation with the acquisition for open space. This is not at the top of the pop. Mike Newsome: There's a top priority and a high priority. Ronald Ripley: It's doum the way. If I understand it correctly isn't that what the general understanding is. Stephen White: The site is listed as a high priority site. However, Parks and Recreation, as most of you know, has a number of high priority sites and somewhat unlimited pot of money, and they have to very strategic about how they spend that money. So, a temporary use of two years in their eyes is certainly reasonable by the time the temporary use is over, monies may be available for the purchase of this site. Mike Newsome: For me to stand here and say we didn't know that property existed, we didn't know what it was zoned for, that this is coming out of left field, if I conveyed that then I missed my point here very badly. The point that I'm trying to make is this particular use is going to impact us, particularly the late night operations, the early morning operation. That will affect our property. That's not something we could have reasonably accounted for. It couldn't have been done. Ronald Ripley: Okay. Any questions? Yeah Don? Donald Horsley: How many of the units have been built? Mike Newsome: I brought my partner. We only own one coat and tie, and so today was my turn. This is Lee Ward. Can he answer that question? He heads our production and he can tell you. Lee Ward: We have four finished units and three are moved in and living there now. We have five under construction right now. Five more. Item # 18 American Parking Solutions, Ltd. Page 17 Donald Horsley: Were these people aware that the adjoining property was zoned industrial when they purchased them. Lee Ward: Yes. It's on our map. Donald Horsley: What's the build out of your project? Lee Ward: We're moving pretty fast but external conditions allowing we would estimate to be out there in a year and half. These are big homes. Expensive homes and they take time. Ronald Ripley: What's your average price? Lee Ward: $385,000 has been our average sales price. The admiration of that million- dollar home, as you can imagine it's an admiration, they are going to $385,000 average. That's on the point on the Elizabeth that has water access. Ronald Ripley: Okay. Any other questions? Donald Horsley: It just looks like to me that somebody that buys an expensive home next to industrial property, what these people are talking about is probably is the least intensive uses that you could have on one property. Mike Newsome: That is true. Donald Horsley: Yeah and It's going to be temporary. Mike Newsome: I'm not standing here as a roadblock to that use. Through the planning process, there are things that we had to go through and to put on the map, or put on our plat, and they are berms. They are trees, lighting concerns. These are residential subdivision requirements that you're familiar with. Those things are not ironed out in the plan. Donald Horsley: Yours was a permanent use. Mike Newsome: Yes. And those things are ironed out in the map in this application. If that's a question in your mind, it is and it is a question in my mind. I feel much more comfortable if those questions were answered. I wouldn't be standing here. I'm embarrassed to be standing here in front of you. I've been in that applicant shoes. I have more questions than answers. I'd love to have answers. I wouldn't be here ifI did. Ronald Ripley: Thank you very much. Mike Newsome: Thank you. Item # 18 American Parking Solutions, Ltd. Page 18 Robert Miller: Bernard Farrell. Bernard Farrell: Good afternoon Mr. President, council members. The name is Bernard Farrell. I live at the comer of Eastport and Arvin. I have questions about the sound of 200-300 vehicles moving in every day starting at 6:00 o'clock in the morning. And then you get 9:00 o'clock, except for Sunday then we get a break, it's 9:00 o'clock. I also have a question about vandalism. If the chain, or whatever fence, and I have no idea what kind there putting up, I'd like to know what kind of fence they're going to put up. If it is only a six-foot fence, I can scale a six-foot fence in about 60 seconds and I'm 60 years old. If they don't have dogs or armed guards there and enough lighting, they're not going to keep somebody out wanting to break into those brand new trucks, those 150 trucks that they are going to be driving in to my backyard. And that sound is going to be waking me up at 6:00 o'clock in the morning, not 8:00 or 9:00 o'clock but 6:00 o'clock in the morning. The lights will be keeping me from having a good sleep because good sleep depends on proper amount of darkness and the melatonin that your own body produces. If you have lights anywhere in your house or in your backyard shining into you, you do not sleep properly and your immune system is compromised. I just wanted to know how many security guards they're going to have, also the amount of trees.that they're going to have. Are the trees going to be high enough to block the light? And also, there's a problem with drainage. We have flooding in the neighborhood. And if we would have drainage towards Gammon Road, if they had a big ditch towards Gammon Road, that would help out a lot. Before 1958, they hadn't start digging until after 1958 when my neighbor Wayne Vick, and he has some questions, if we could ask a couple of questions about it. There is also a concern of having a road through Arvin and into the lot. They say there is no road. The road is going to be right from Military Highway. But I live right on Arvin and there's a possibility of building a road right through Arvin into that lot right there. And, the amount of space between the lot and my house is a minimum amount of space. And there going to be right in my backyard with all those trucks moving in, 6300 trucks approximately 30 days to move them in and that's without moving out. So you're going to be moving and out. And I thank you very much. Ronald Ripley: Thank you very much. That's all that we have signed up. Wayne Vick: He didn't call me up. Bernard Farrell: He has a question. Mr. Vick has a question. Ronald Ripley: Mr. Vick did you sign up? You didn't? Wayne Vick: I talked to Mr. White last night. Ronald Ripley: Well, come on up. Wayne Vick: I just got a couple of questions to ask you. I'm the oldest resident. I've been there since there were dirt streets in Westview. I'm concerned about how' far back. Item # 18 American Parking Solutions, Ltd. Page 19 They said 60 feet or a 100-feet. Originally that agreement that they had before this was a 150 feet. And they were going to put up a solid wood fence w4th bushes on my side, which was the south side of that fence and keep that grass all cut down because in the back of my house I cut their grass. I've got a place in the back of my house like my lawn but it belongs to EV Williams. I've been taking care of it since ever since I've been living there for 40 years. But that is what I want to know and the paving of that. Are they going to put in crush and run. they better look out. Because there are some soft spots back there. Bull rushes are growing back there. You know there's bound to be soft and wet. I come to build a height section in Norfolk and I know some new spots there had bull rushes because, between me, and city-park because I lived there all my life until I moved out here in 1958. And, who's going to maintain that property? Nobody maintains it unless you call and enforce it. The weeds grow that high you got to call them and cut it. The people that are suppose to take care of the cover they don't make them do anything unless you call them. Behind my house like I said is clean. The rest of town nobody's every cleared there's out. I clean that ditch behind that the City's suppose to clean. So, I can get drainage. EV Williams dug a big ditch between Gammon Road and that property where they want to park those cars on about eight foot wide and about six foot deep, which no water runs on because it's all grated towards Eastport Road. It runs out in to that tiny little ditch behind my house. And many times with a heavy rain, it floods over. I know they are not going to run any traffic down through Gammon Road. There used to be trees behind my house but they cut them down. I planted some pine trees in order to kind of break the wind and what not because that's a long distance over that empty field. That north wind comes across there it's cold I'll tell you. But anyway, they're going to fence it I presume. I don't know but I hope so. But them trees along that pine, there isn't any sandpit. They were digging it when I moved out there because I use to powder my shotgun back there. Walk back there where that was and powder my shotgun. It was in the county in 1958. They were going to build a school back there later not too many years past. But it's contaminated. So they can't have a recreational park. I'm not for it or against, it but all I want is if they are going to take care of the property like it's suppose to be done so be it. That's the way I feel. Ronald Ripley: We thank you very much. Wayne Vick: I've been living on Eastport Road longer than anybody. Donald Horsley: Can you show us on the map where you live? Wayne Vick: Sure. I live offthe second house offGammon Road on Eastport Road. There's the first house, there's the second house. And I walk down that Gammon Road for my exercise occasionally. I'm 82 years old but I walk down there every now and then, and it's only 7/10 of a mile from my house to them houses back there. I don't have any trees back there. Ronald Ripley: Thank you very much. Item # 18 American Parking Solutions, Ltd. Page 20 Eddie Bourdon: First of all, the property is absolutely positively not contaminated. I believe that's completely false but it wasn't said with any malice or ill intent but that's an absolute false statement. The property. Lets back up. The last gentleman who just spoke, I remember meeting with him and the rest of the community when I met with all the community back in 1994, when we did the bulk storage on this site with these same conditions. The conditions were somewhat different with this operation. And we in fact agreed to a 100~foot, not 150 foot buffer with a solid fence and bushes. That permit was actually a crushing permit to crush concrete which the fence was put up and the concrete was crushed and again, it was a temporary use just like this is a temporary use. And that is what's shown here is a 150 buffer with a solid fence. A few trees were cut down because the neighbors along the southern boundary called Mr. Bowler and asked him to cut them down because they were in danger of falling down on their houses is what he was told. He was told or asked to cut them down but a few' were cut down. The comments that have been made about a park are totally on the mark. That is why Mr. Newsome, and Mr. Newsome and I know for a fact because I had communication with him through his consul when the storage of the containers was being contemplated, he was aware of the zoning of the property, and the property has not been in and is not and never has been in our knowledge B-2. It's always been I-1. The reason why we haven't built any houses there was I-1, but we are hopeful and working towards this becoming a park which is what he would like to see because that is why those people are paying those high dollars for these for and weren't expecting to see an industrial development there. But that is what it's zoned for and that is what could happen but this is merely a temporary use. It is absolutely positively a temporary use. It does not involve any impervious surface that's going to cause people people's properties to flood. Security is our risk. We will have minimal lighting on the site. We will work with any of the community members as far as that is concerned. We will have six-foot fence around the property to keep people out. But again, if somebody wants to take a chance and scale a fence and try to break the law, we're going to be there to see that doesn't happen. But the use is merely driving a vehicle inside a parking lot. Driving a vehicle onto the site, parking it and eventually driving it off the site. And it is not any type of industrial use as far as any kind of operation which we could have a 24-7 operation with a number of industrial uses. We could have lighting that would be quite larger or more significantly then is what would be the case here. It's just a use that there's a significant use for one the region's biggest employers. It is a temporary use. There will be times, when there are no vehicles on this site in this two-year period and that's it. It's not something that is not going to go beyond that period of time. I'm told that it's absolutely a temporary two- year period and nothing else and them is no delivery of vehicles there, it's simply like driving on a parking lot and driving it off. And that happens in every residential community. People drive in and drive out. I'm really at a bit of a loss. It's not like they are all going to come in like a NASCAR race, where they come racing on the property at one time. The vehicles individually driving on the parking and then eventually they'll be driven off. Ronald Ripley: Will Ford have another place to put these trucks over near their plant in the two year expires? How does it work? Item # 18 American Parking Solutions, Ltd. Page 21 Eddie Bourdon: You'll have another spot in two years at the plant. That is correct. Ronald Ripley: So this is off site temporary? Eddie Bourdon: Totally temporary. We are working with Parks & Recreation. We're working diligently, and we hope that will all come to fruition. It's not a question. Cleary, there are financial issues but it's a matter of the City having the money. We're perfectly amenable to turning this into a park. It would be a good use for the property. But in the meantime, we are trying to be good neighbors, and we'll work with Mike Newsome, but again, I know he knew that this was industrial before he even stated developing that property but in terms of working with them, we're not adverse to that. We worked with the community the first time around when the same permit was approved. And what's here is the same thing that was agreed to at that point in time. Ronald Ripley: Would you be willing to develop your lighting plan and meet with Mike between now and Council? Eddie Bourdon: We'll be happy to. We don't want anymore lighting then more than we have to have. Now, if 60 year-old responsible citizens are going to be climbing the fence to steal trucks we may need a little bit. I don't think that is the case. Ronald Ripley: Dot has a question. Dorothy Wood: Eddie, could you possibly on Saturdays have the hours starting at 9:00 o'clock. I think that was a real problem from some of the residents who want to sleep in. Eddie Bourdon: I'm sorry. That is one of the things that Ford is absolutely has to ability to deal with. They don't control that and 24-7 is what they have to have. That is an absolute. They have to have the ability to bring a truck to the site or take it from the site any time of the day. It can't be in a position to where that's restricted. Anything else, again, it's just simply driving a vehicle there, parking it and driving it off. And that's the extent of the operation. We've had those discussions through the course of the day. That is not something they can't live with. Dorothy Wood: On Saturday morning, you couldn't give two hours for the neighbors? Eddie Bourdon: The answer is no. I can sit here and say yes, and who's going to enforce it, those two hours. I mean, I don't want to be disingenuous. They're saying that is a condition they can't live with and again, it's just like a car driving down the street in front of their house revving it's engine. It's going to make more noise closer to their house then a truck being driven and parked in this facility. Dorothy Wood: Thank you. Ronald Ripley: Bob? Item # 18 American Parking Solutions, Ltd. Page 22 Robert Vakos: Eddie, and again, Ron already asked my question. But I want to make absolutely sure that everyone understands. You stated two years that's the condition. If in fact you wanted to renew that or Ford wanted to renew that, you'd have to come back and go through this entire process. It's not an administrative approval. Eddie Bourdon: We're totally agreeable. Robert Vakos: Mr. Chairman, what I would like to do is make a motion, and we can move on it if we got more discussion. Because I think we've done over the issues repeatedly. I'd like to make a motion to approve the application with a total of seven conditions, eliminating what's on our page 6 as number 4 and substitute number 4 with the condition that security personnel will be provided 24 hours per day, seven days a week. Number 5 that the applicant will work with the staff and the neighborhood to come up with an internal lighting plan prior to Council. Number 6, there will be no trailers on the property or using the property. And number 7 that there will be no paging system. Eliminating what is currently what stems as number four. John Baum: What about number six? Robert Vakos: Number 6, no trailers. Donald Horsley: Does that mean transporting? I'll second that motion. Bernard Farrell: Excuse me sir. I know you closed everything but you didn't address the drainage. We have flooding in that neighborhood unless it drains towards Gammon Road, which was suggested by .... Robert Vakos: Okay, and I'll answer it. I'm going to ask staff to address, I think drainage is the function of the site plan approval if I'm not mistaken. It will be taken care of by the proper authorities. Ronald Ripley: Okay, so we have a motion by Bob Vakos and seconded by Don Horsley. Discussion? Will? William Din: I don't think we addressed any of the buffering or landscaping problems that are there. You do still have 48 acres of cars that may be in that position. I think the type of landscaping that is currently there is not sufficient even for a two-year temporary approval. I don't think the residents are against a temporary use in my opinion, from what I've heard. I still think the Hunt's Club Point needs to be protected and so do the other residents that are in that area. If this area is reduced in scale or setback in those areas, I could agree with that but until that's address I don't I can support this. Ronald Ripley: Betsy? Item #18 American Parking Solutions, Ltd. Page 23 Betsy Atkinson: I have two concerns. One, I don't think six foot is high enough. I think an eight foot or ten foot wall would be better than six feet. And also, I can't support 24 hours a day. I think the time is insufficient. Donald Horsley: Ron, can I ask Stephen a question? Ronald Ripley: Sure. Donald Horsley: Stephen, on the proposals on page 5, it's got in there about the landscaping. I read it somewhere, yeah, category six screening around it. And I saw in the site plan that we had with six-foot privacy fence. Isn't that right? Doesn't that address the fencing and landscaping around the perimeter? Stephen White: I believe the comment you have at the top, it's my page 6 under landscaping and open space design, category six screens depicted around the perimeter of the site is for a previously site plan that was submitted. And this morning, and I believe it was we received yesterday, we received a new site plan that reflected BZA variances that were granted on the site and the previous condition that we used from it was from 1994. So, when Mr. Bourdon is talking to you about the type of buffering and fencing that's going to be on the site, he's talking about the plan that was passed out to you this morning. This comment at the top of the page reflects the previous plan. Donald Horsley: I wasn't here this morning. I didn't get that plan. But, I thought it was included. Eddie Bourdon: My clients will agree to put up a solid fence. What was submitted is what was approved by Council and Planning Commission. The Planning Commission recommended approval, Council approved it, and BZA approved in 1994 for the same use, bulk storage, heavy equipment and vehicles. But, we will do a solid fence as opposed to a chain link fence. You won't see the vehicles behind a solid fence. And that is what we had already agreed on the southern side because that is what we agreed in 1994, where we had a chain link fence because of trees that were there adjacent to what was not residentially developed at the time. Because it has been developed since, we are willing to put in a solid fence along the eastern boundary as opposed to chain link fence which will obscure the view of these vehicles, even though it's just a two year period, so what was submitted yesterday was just what was already approved. I thought we were going to avoid confusion but we probably created confusion. Donald Horsley: So the whole property is going to be fenced? Eddie Bourdon: The entire probably will be fenced. What we're agreeing to do is put a solid fence adjacent to the residential zoned property. Donald Horsley: Like this plan is? Item #18 American Parking Solutions, Ltd. Page 24 Eddie Horsley: I think that plan also made some reference to landscaping and frankly, putting little bushes outside of a solid fence that's only going to be there for two years isn't going to do anything for anybody. So, we'll put a solid fence up and again, the temporary nature of that should be sufficient. Ronald Ripley: Bob? Robert Vakos: Kay, do I need to amend my motion to reflect the applicant's acknowledge just now or does this suffice as far as the record? Kay Wilson: Well, condition number two sites I guess, the previous site plan. Stephen, is that correct? Stephen White: Faith handed out the new conditions. They handed out new conditions this morning. That new condition reflects the plan that you received this morning. And, that date that is on the plan, I believe refers to the new plan. That new plan doesn't show the fence that Eddie just referenced, volunteered here. So, if you would like to see that fence you would basically we need to add a condition for that fence. Kay Wilson: Yes, add it. Robert Vakos: I would like to amend my motion to add a condition number eight specifying there will be a solid fence around the entire property. Ronald Ripley: That's not what he said. Robert Vakos: No, that's not what he said. He's sitting there nodding. That's what I said. Ronald Ripley: Did you say the residential portion. Eddie Bourdon: That's what I indicated. Either way we can live with. I'm not sure it makes sense to make it solid but we'll do solid all the way around if that's the preference. John Baum: The east side. Eddie Bourdon: East side and south side should be sufficient. Eugene Crabtree: Next to the residential area. Robert Vakos: Alright. I'll qualify next to the residential area. So, I'll fence next to the residential area. I'll amend my motion. Donald Horsley: I'll second it. Item # 18 American Parking Solutions, Ltd. Page 25 Robert Vakos: And he'll amend his second. Ronald Ripley: Does that help you Will? William Din: Well, it does on the landscaping. I'd like Betsy, I'll like clarification on the hours of operation that we're approving here? Betsy Atkinson: 24-7. Robert Miller: We're approving 24-7? William Din: That's what the condition that you're putting in here? Dorothy Wood: So, you're saying they can do it 24-7? Robert Vakos: Can we call for the question? Ronald Ripley: We're ready. Robert Miller: I have to abstain. My firm is working on the project. AYE 6 NAY 3 ABS I ABSENT 1 ATKINSON BAUM AYE CRABTREE AYE DIN HORSLEY AYE MILLER RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD NAY NAY NAY ABS ABSENT Ronald Ripley: By a vote of 6-3, the motion passes. American Solutions, Ltd. C,~in ZONING HISTORY 1. Conditional Use Permit (Temporary Recycling Operation) -Approved 12- 6-94 Conditional Use Permit (Bulk Storage) - Approved 7-12-94 Conditional Use Permit (Landfill) -Approved 5-10-82 2. Rezoning (I-1 Industrial to Conditional B-2 Business) - Denied 6-9-98 Conditional Use Permit (Gasoline Sales in conjunction with a Convenience Store) - Denied 6-9-98 Conditional Use Permit (Automobile Service Station) - Denied 9-10-96 3. Conditional Use Permit (Bulk Storage)-Approved 12-12-00 Rezoning (I-1 Industrial to B-2 Business) -Approved 3-24-92 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Mt. Olive Baptist Church - Conditional Use Permit MEETING DATE: December 3, 2002 Background: An Ordinance upon Application of Mt, Olive Baptist Church for a Conditional Use Permit for a church (parking lot expansion) on the east side of Birdneck Road, 360 feet more or less south of 19m Street (GPIN 2417567092; 2417566188), Parcel is located at 310 North Birdneck Road and contains 1.80 acres. DISTRICT 6 - BEACH The purpose of this request is to add 11 additional parking spaces on a 0.161 acre parcel acquired by the church. Considerations: There is an existing church and parsonage with 49 parking spaces on this 1.64-acre site. The adjacent 0.161-acre parcel to the north has been acquired by church. It is on this parcel that the church is proposing to add 11 parking spaces. The proposed 53 parking spaces shown behind the church and along the southern property line are covered under a 1987 approval for expansion. The church also leases a portion of this smaller site to Verizon to operate an unmanned facility. Access to this facility is via a paved drive located along the north side of the site. The Planning Commission placed this item on the consent agenda because the church is an established use in the area and there should be no negative impact on the surrounding uses. Staff recommends approval. There was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The site shall be developed in substantial conformance with the submitted site plan entitled, "Preliminary Layout for Village Drive Self Storage, Virginia Beach, Virginia," prepared by Gallop Surveyors & Engineers, Ltd., dated August 14, 2002, which has been Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: recommends approval. I ~ i~ n~ tatl~na~ edt ..e P~ I~.~ Staff recommends approval. Planning Commission g Department~/~ Mt. Olive Baptist Church Page 2 of 2 exhibited to the City Council and is on file in the Planning Department. All required streetscape and interior parking lot landscaping shall be installed for all of the 64 new parking spaces depicted on the site plan as specified in the City of Virginia Beach Landscape, Screening and Buffering Specifications and Standards. MT. OLIVE BAPTIST CHURCH/# 12 November 13, 2002 General Information: APPLICATION NUMBER: REQUEST: ADDRESS: L06-210-CUP-2002 Conditional Use Permit to expand the existing church parking lot. 310 North Birdneck Road Map~:t L s~:~6'7 Mt. Olive Ba ' Church RT-3 ~in 2417-5~7092 a~ 6188 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 24175670920000;24175661880000 #6 - BEACH 1.80 acres Carolyn A.K. Smith To add 11 additional parking spaces on a .161 acre parcel acquired by the church. Major Issues: Degree to which the proposal is compatible with surrounding uses and consistent with existing Conditional Use Permit granted by City Council on May 11, 1987, for the church. Planning Commission Agenda~'~'~"'"'--~~;'~ November 13, 2002~~...;2¢~ MT. OLIVE BAPTIST CHURCH / # 12 Page 1 Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is an existing church and parsonage with 49 parking spaces on this 1.64-acre site. The adjacent 0.161-acre parcel acquired by church has an unmanned Verizon Telephone facility at the rear. Access to this facility is via a paved drive located along the north side of the site. The church leases a portion of the subject site to the Verizon and will use some of it for additional parking. Both parcels are currently zoned RT-3 Resort Tourist District. Surroundin,q Land Use and Zoninq North: South: East: West: · Single-family dwellings, vacant wooded site / RT-3 Resort Tourist District · Auto repair and bulk storage / RT-3 Resort Tourist District · Vacant wooded site / RT-3 Resort Tourist District · North Birdneck Road, convenience store, duplex/ B-2 Community Business District, A-12 Apartment District Zoninq History The original Conditional Use Permit for the 225-seat church and parsonage was granted by City Council on May 11, 1987. The proposed 53 parking spaces shown behind the church and along the southern property line are covered under this approval. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics This site is in the Chesapeake Bay watershed. There are no significant natural resources on this site. Public Facilities and Services Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): Birdneck Road in the vicinity of this request is a four (4)-lane collector. There are no plans to improve this section of Birdneck Road. Traffic Calculations: I Street Name ] PresentI PresentI Generated Traffic J Planning Commission Agenda November 13, 2002 MT. OLIVE BAPTIST CHURCH I # 12 Page 2 Volume Capacity Existing Land Use ~- 97 ADT weekdays 366 ADT Sundays North Birdneck Road 38,000 ADT ~ 31,700 ADT 1 Proposed Land Use 3_ no change expected Average Daily Trips as defined by 225 seat sanctuary as defined by 225 seat sanctuary Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate - no further comments. Comprehensive Plan The Comprehensive Plan designates this area as Resort Area - a corridor planned for resort uses including lodging, retail, entertainment, recreation, cultural, and other related uses. The proposed church expansion is not in conflict with the objectives of the Comprehensive Plan for this area. Summary of Proposal Proposal The request is for the addition of 0.161 acres to the existing church site for 11 parking spaces as depicted on the site plan. A Conditional Use Permit is required as this small parcel was not included in the original 1987 permit granted by City Council in 1987. Site Desiqn The site plan depicts the existing 225-seat sanctuary, 49 parking spaces, and the dry detention basin for stormwater treatment. Sixty-four new parking spaces are also shown on the plan. Of these 64 spaces, 53 are authorized under the 1987 permit. The remaining 11 spaces are shown on the acquired site to the north. There will be a total of 108 parking spaces. The existing stormwater management facility is designated for expansion due to the increase of impervious surfaces. Vehicular and Pedestrian Access · Vehicular ingress/egress to the site is via the two (2) existing access points off of North Birdneck Road. Planning Commission Agenda November 13, 2002 MT. OLIVE BAPTIST CHURCH / # 12 Page 3 · Pedestrian access is adequate. Architectural Design · No architectural modifications are proposed to the brick church. Landscape and Open Space Design The required interior parking lot landscaping is depicted for the 64 new parking spaces. Formal review of these requirements will occur during final site plan review. Evaluation of Request This request is acceptable subject to the condition below. There is an existing church and parsonage with 49 parking spaces on this 1.64-acre site. The adjacent 0.161-acre parcel to the north has been acquired by church. It is on this parcel that the church is proposing to add 11 parking spaces. The proposed 53 parking spaces shown behind the church and along the southern property line are covered under the 1987 approval for expansion. The church also leases a portion of this smaller site to Verizon to operate an unmanned facility. Access to this facility is via a paved drive located along the north side of the site. This request for a Conditional Use Permit is acceptable subject to the following conditions. Conditions The site shall be developed in substantial conformance with the submitted site plan entitled, "Preliminary Layout for Village Drive Self Storage, Virginia Beach, Virginia," prepared by Gallop Surveyors & Engineers, Ltd., dated August 14, 2002, which has been exhibited to the City Council and is on file in the Planning Department. All required streetscape and interior parking lot landscaping shall be installed for all of the 64 new parking spaces depicted on the site plan as specified in the City of Virginia Beach Landscape, Screening and Buffering Specifications and Standards. 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 November 13, 2002 MT. OLIVE BAPTIST CHURCH / # 12 Page 4 W 0 Q. 0 7 OIL 0 Planning Commission Agenda November 13, 2002 MT. OLIVE BAPTIST CHURCH / # 12 Page 5 November 13, 2002 MT. OLIVE BAPTIST CHURCH / # 12 Page 6 DISCLOSURE .STATEMENT Applicant's Name: Mt. Olive Baptist Church List All Current Property Owners: Mt. Olive Baptist Church PROPERTY OWNER DISCLOSURE ff the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) N/^ If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary} Trustees: Gary Riddick, Luther L. Cuffee, Jr., Larry Bly, Linda Drake, Rex Rouse I~ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ~ Check here if tile applicma is NOT a corporation, partnership, firm, or olher unincorporated organization. CERTIFICATION: I certtfy that the it,formation contained herein is true and accurate. - ""Sig'.~ure Y Luther Cuffee, ar. Print Name Planning Commission Agenda ,~:<~'~.._ lB November 13, 2002 [}~g:J MT. OLIVE BAPTIST CHURCH / # 12 Page 7 Item # 12 Mt. Olive Baptist Church Conditional Use Permit 310 North Birdneck Road District 6 Beach November 13, 2002 CONSENT Dorothy Wood: Thank you. The next item on the consent agenda is the Mt. Olive Baptist Church. It's an ordinance by the Mt. Olive Baptist Church for a Conditional Use Permit for a parking lot expansion. And this is at N. Birdneck Road and it is also in the Beach District. And it has two conditions. Bruce Gallup: My name is Bruce Gallup. I represent the church. I've read the conditions and we are in agreement with them. Betsy Atkinson: I had a question. Condition number one refers to the layout for Village Drive of the self-storage. Bruce Gallup: She's got them reversed I think. Betsy Atkinson: That's not a condition for the Mt. Olive church? Bruce Gallup: No. It should have said the parking lot expansion for Mt. Olive church and not the Village Drive project. Betsy Atkinson: Alright. Kay, would you? Bruce Gallup: Right. I knew what she meant. Dorothy Wood: Betsy, would you please comment on this item, Item # 12, the church. Betsy Atkinson: The Mt. Olive church was a no brainer. We actually wondered why it was on the consent, I mean on the agenda. It's simply an opportunity for Mt. Olive Baptist Church to add an additional 11 parking spaces to their church. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve this item on the consent agenda, number 12 with two conditions with the first condition being changed to read the preliminary layout or the church on Birdneck Road rather than the Village Drive self storage. Ronald Ripley: So we have a motion. Do I have a second? Seconded by Gene Crabtree to approve this consent agenda item. Is there any discussion on the matter? We're ready to vote. Item # 12 Mt. Olive Baptist Church Page 2 AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion passes. Mt. Olive Ba ' Church ZONING HISTORY 1. Change of Zoning (RT-3 Resort Tourist District to Conditional A-36 Apartment District) - Granted 9-28-99 2. Change of Zoning (A-12 Apartment District to R-5S Residential District) - Granted 2-10-98 3. Change of Zoning (A-12 Apartment District to R-5S Residential District) - Granted 5-23-95 4. Conditional Use Permit (group home) - Withdrawn 6-28-94 5. Enlargement of a Nonconforming Use - Granted 7-7-92 6. Enlargement of a Nonconforming Use - Granted 4-9-91 7. Change of Zoning (A-12 Apartment District to B-2 Community Business District) - Withdrawn 11-28-88 Conditional Use Permit (car wash) - Withdrawn 11-28-88 8. Enlargement of a Nonconforming Use - Granted 6-27-88 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Triton PCS/SunCom-Conditional Use Permit MEETING DATE: December 3, 2002 Background: An Ordinance upon Application of Triton PCS/SunCom for a Conditional Use Permit for a communication tower on property located south of the intersection of Snow Goose Lane and Hawks Nest Way, north of Interstate 264 (GPIN 2417283022). Parcel is located at 1400 Snow Goose Lane and contains 11.69 acres. DISTRICT 5 - LYNNHAVEN The purpose of this request is to construct a 94-foot communication tower in the center of an existing 79-foot electric power transmission tower, Considerations: The proposed tower is located within a 100-foot wide Virginia Power easement used for high-voltage power transmission lines at the terminus of Freemac Drive, just north of Interstate 264. The underlying property is part of an 11.69-acre property developed with an apartment complex. The property is zoned conditional A-18 Apartment District. The proposed tower will extend through the center of the lattice framework for the transmission tower to a height of 94 feet. With one set of antennae, the ultimate height of the structure will reach approximately 97 feet. The center of the tower is approximately 30 feet from the 1-264 right-of-way and 110 feet from the closest apartment building. A row of wax myrtles and a separate row of Nandina will be provided along the entire north side of the proposed fenced area and existing power tower. The south side of these areas is already densely wooded. The Planning Commission placed this item on the consent agenda because the applicant has proposed to co-locate on an existing power transmission tower and there should be no negative impact on the surrounding uses. Staff recommended approval. There was no opposition to the request. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. I cS: i~ nl~l[ tatni na~ eD~l~.~_c~y~n n;,~.~Department Triton PCS/SunCom Page 2 of 2 Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The tower and equipment shelter shall be constructed as depicted on the submitted site plan entitled "Triton PCS Heron's Point Co-Locate, 1400 Snow Goose Lane, Virginia Beach, VA 23451 ," prepared by Clark Nexsen Architecture & Engineering, dated July 2, 2002. A copy of the plan has been presented to City Council and is on file in the Planning Department. Landscaping shall be installed as depicted on sheet L-1 of the submitted site plan identified in condition #1 above. The fence securing the equipment shelter shall be black vinyl coated chain link. No barbed wire, razor wire, or electrification shall be permitted. 4. The tower and antennae shall not exceed 97 feet in height. The communication tower shall be a standard gray color. In the event that the Federal Aviation Administration or other licensing entity requires that the tower be painted another color, the height of the tower shall be reduced to a level that will eliminate the requirement that it be painted. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non- ionizing electromagnetic radiation emitted from the tower does not exceed, at ground level or at any point within the adjacent apartments, the lowest applicable standards established by the federal government or the American National Standards Institute. TRITON PCS / SUNCOM / # 14 November 13, 2002 General Information: APPLICATION NUMBER: REQUEST: ADDRESS: K06 - 210 - CUP - 2002 Conditional Use Permit for communication tower 1400 Snow Goose Lane GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: Gpin 2417-28-3022 24172830220000 5 - LYNNHAVEN 11.69 acres Ashby Moss To construct a 94-foot communication tower in the center of an existing 79-foot electric power transmission tower. Major Issues: · Mitigation of tower visibility while providing a service location. · Visibility and screening of associated equipment building. Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 1 Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The proposed tower is located within a 100-foot wide Virginia Power easement used for high-voltage power transmission lines. The underlying property is part of an 11.69-acre property developed with an apartment complex. The property is zoned conditional A-18 Apartment District. The only two conditions attached to that rezoning are a restriction on the number of units at 96 and that the site be designed in accordance with the site plan submitted with the rezoning request. Surroundinq Land Use and Zoninq North: South: East & West: · Apartment complex and associated facilities / A- 18 Apartment District · Interstate 264 · Apartment complex / conditional A-18 Apartment District Zoninq History The subject property was rezoned from A-12 Apartment District to A-18 Apartment District in 1989. A previous request to change to a higher density zoning category was withdrawn in 1982. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of greater than 75dB Ldn and Accident Potential Zones 1 and 2 surrounding NAS Oceana. The applicant has submitted documentation from the Federal Aviation Administration that the proposed tower would not be a hazard to air navigation, and marking and lighting are not necessary for aviation safety. In addition, NAS Oceana has reviewed the application and found it acceptable. Natural Resource and Physical Characteristics The area within the Virginia Power easement is devoid of structures other than the transmission towers. The area surrounding the transmission tower at the end of Freemac Drive is grassed. Although this area is located within the Chesapeake Bay watershed, it is not a Resource Protection Area, which is the more sensitive buffer area bordering the shoreline. Public Facilities and Services Capital Improvement Proqram (CIP) There are no projects listed in the currently adopted CIP for this immediate area. Public Safety Police: The applicant is encouraged to contact and work with the Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / ~ 14 Page 2 Fire and Rescue: Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. No comments. Comprehensive Plan The Comprehensive Plan designates this area for medium and high density residential land use above 3.5 dwelling units per acre. Site Plan / Conformance with Section 232 Proposal The applicant proposes to erect a 97-foot tall monopole tower for wireless communications equipment within the center of an existing 79-foot tall power transmission tower. Site Plan The existing power transmission tower is located within the 100-foot Virginia Power easement at the terminus of Freemac Drive, just north of Interstate 264. The proposed tower will extend through the center of the lattice framework for the transmission tower to a height of 94 feet. With one set of antennae, the ultimate height of the structure will reach approximately 97 feet. The center of the tower is approximately 30 feet from the 1-264 right-of-way and 110 feet from the closest apartment building. An 11.5-foot by 16-foot equipment shelter is proposed within a 24-foot by ! 22-foot fenced area just west of the base of the tower. The proposed location of the equipment shelter is approximately 10 feet from the 1-264 right-of-way and 70 feet from the closest apartment building. The equipment shed will be surrounded by a seven-foot tall black vinyl coated chain link fence. Because this is a residential area, no barbed wire or electric fences are permitted. Planning Commission Agenda ~~..~ November 13, 2002 TRITON PCS / SUNCOM / # 14~:~ Page 3 A row of wax myrtles and a separate row of Nandina will be provided along the entire north side of the proposed fenced area and existing power tower. The south side of these areas is already densely wooded. Conformance with Section 232 A variance from the Board of Zoning Appeals (BZA) is required for the proposed location of the tower and associated equipment. Section 232(b) lists a number of setback requirements from residential structures, street rights-of-way, property lines abutting residential uses or districts, and property lines in general. The applicant's BZA request is scheduled for November 6, 2002. The results of the variance request will be reported at the briefing before the Planning Commission's public hearing. A structural engineering report and a report addressing NIER (non-ionizing electromagnetic radiation) requirements have been submitted. Condition #9 has been included to specifically address NIER requirements at the level of the adjacent apartments. · The applicant has met the location criteria specified in the City Zoning Ordinance by proposing to co-locate on an existing utility transmission tower. Evaluation of Request The request for a conditional use permit for a 97-foot tall communication tower is acceptable. The applicant has met the location criteria required by the City Zoning Ordinance by proposing to co-locate the tower on an existing power transmission tower. Only one user is proposed for the structure, which is common for co-locations on power towers. Structurally, the one provider scenario offers the safest design. In addition, NAS Oceana has reviewed the application and found it acceptable. Therefore, this application is recommended for approval subject to the conditions listed below. Conditions o The tower and equipment shelter shall be constructed as depicted on the submitted site plan entitled "Triton PCS Heron's Point Co-Locate, 1400 Snow Goose Lane, Virginia Beach, VA 23451," prepared by Clark Nexsen Architecture & Engineering, dated July 2, 2002. A copy of the plan has been presented to City Council and is on file in the Planning Department. Landscaping shall be installed as depicted on sheet L-1 of the submitted site plan identified in condition #1 above. The fence securing the equipment shelter shall be black vinyl coated chain link. No barbed wire, razor wire, or electrification shall be permitted. The tower and antennae shall not exceed 97 feet in height. The communication tower shall be a standard gray color. In the event that the Federal Aviation Administration or other licensing entity requires that the tower be painted another color, the height of the tower shall be reduced to a level that will eliminate the requirement that it be painted. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 4 emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting towers and related equipment. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation emitted from the tower does not exceed, at ground level or at any point within the adjacent apartments, the lowest applicable standards established by the federal government or the American National Standards Institute. 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 November 13, 2002 TRITON PCS / SUNCOM / # 14~~"" °, o: :.,,~-'" Page 5 Proposed Site Plan Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 6 i I I I [ Proposed Site Plan (Detail) Planning Commission Agenda November 13, 2002 TRITON PCS ! SUNCOM ! # 14 Page 7 VA STATE G~ID ~1,1~ Proposed Landscape Plan Planning CommissiOnNovember l:~___Agenda, 2002 TRITON PCS / SUNCOM / # 14 Page 8 TOP OF PROPOSED TRITON PCS ANTENNA 96'-.3':t: A,G,L CEN~ER OF PROPOSED TRITON PCS ANTENNA 94'-0':1: BOTTOM OF PROPOSED TRITON PCS ANTENNA 9 l'-9"i A.G,L. TOP OF EXISTING TOWER 79'* A.G.L, PROPOSED IRITON PCS Ah'iE N NA ARRAY MODEL 158210 EXISTING 7g' DOMINION VIRGINIA POWER TOWER 178/56 PROPOSED 94' FORTWORTH POW[RMOUNT PROPOSED TRITON PCS ~CE BRIDGE PROPOSED 11.5' X 16' I~lTOfl PCS EQUIPMENT SHELTER SEE Pb~N PROPOSED POLYOUC1 FOUNDATION FOR PROPOSED FORTWORTIi TOWIrR (BY OTHERS) Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 9 Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 10 ELEVATION A ELEVATION KEY SCROLL FAN EXHAUST/~ ELeOW W/ SN~P / IN SCREEN ...... '-~'-- GROUND {~ 4' P'¢C TELCO 'I' ENTRY 1 ELEVATION ~ ,... +6'-0' 1 1'-6° ELEyATION D NOTE: PROPOSED BUILDING LIGHT FIXTURE WILL BE SHIELDED AND OPEFU~T£D DY A SWITCH, AND SHALL NOT DE OPERAIED DY A PHOTOCELL. SHELTER ELEVATIONS NOT TO SCALE Planning Commission Agenda o emUe 3, TRITON PCS / SUNCOM / # 14 ~;.~:: Page11 Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM ! # 14 Page 12 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT List All Current PROPERTY OWNER DISCLOSURE If thc property owner is a CORPORATION, list ali officers of thc Corporation below: (Attach list ifnecessa,.'v) ..7-F'~o~_ ~. C_c~9.c,.~, ?c~sCde,,-l..~ ¢~'0: .__~ ~.....~.,.....ga ~r~.,.~,..,.. ~=ai a~.~.._, e.~.,~._C~S.a.i~ .... ~.n ........... .~m..e_~ if the property owner is a PARTNERSHIP, FIRM, or other UNI'NCORPORATED ORGANIZATION, list all members or partners in the organization below: {Attach list ifnecessam.,) Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant i.s' not the current owner of the properO,, complete the Applicant Disclosure section below: APPLICANT 'DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list ifnecessao9 If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in thc organization below: (Attach list ifnecessa~,) Check here if thc applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Print Name Planning Commission Agenda ~ ~, :~ =00 TRITON PCS / SUNCOM / # 14 ~'~ Page 13 · About Triton PCS ~ Investor Relations ) Shlreholder Services · Careers · Contact Us [ About Triton PCS ] Officers Michael E, Kalogris Chairman and Chief Executive Officer S~even_ Skinner President and Chief Operating Officer David D. Clark Executive Vice President and Chief Financial Officer Daniel, E, Hopkins Senior Vice President of Finance and Treasurer Stephen J,. M~;Nu!t~y Senior Vice President of Sa/es and I~arketing, and President of SunCom Glen A. Rf~bin$on Senior Vice president of Technology William A,. Robin.~on Senior Vice President of Operations Michael E. Kalogris Chairman and Chief Executive Officer Michael E. Kalogris is Chairman and Chief Executive Officer of Triton PCS. A founder of Triton PCS, Mr. Kalogris has led the company's development, establishing Triton PCS as the first member of the AT&T Wireiess Services [nc. network of affiliates as well as one of the leading wireless services carriers in the Southeast. Under his leadership, Triton PCS has set industry-leading standards for network performance, customer service and customer retention, leading to consistent strong growth in subscribers and revenue, and earning a reputation as one of the fastest-growing and best- managed wireless companies in the country. Kalogris has consistently distinguished himself as a leader in the highly competitive wireless industry, and is now in his third CEO role since 1988. He previously was the Chairman of Michael E. )Ca Chairman and Executive Steven 5k President and Operating [ Directors ] Michael E. gaiogris Chairman and Chief Executive Officer Steven R, Skinner President and Chief Operating Officer Robert St~kes Sr. V.P., Acquisitions and Development, AT&T Wireless Services, Inc. Scott Z. AndersOn Principal, Cegar Grove Partners, LLC and Cedar Grove Investments, LLC John D. Beleti¢ Chairman and Chief Executive O~cer, WeblJnk Wireless, Planning Commission Agenda November 13, 2002 TRITON PCS / SUNCOM / # 14 Page 14 Item #14 Triton PCS/Suncom Conditional Use Permit for a communications tower 1400 Snow Goose Lane District 5 Lynnhaven November 13, 2002 CONSENT Dorothy Wood: Next item is Item #14, Triton PCS/Suncom. It's for a Conditional Use Permit for a communications tower in Lynnhaven District and its on Snow' Goose Lane and Hawks Nest Way. Is there anyone here? And this item has nine conditions. Dale Finocchi: Good morning. My name is Dale Finocchi and I'm with Triton PCS representing the applicant. We've reviewed all of the conditions with staff and we have no problems with any of them. Dorothy Wood: Thank you. Is there any opposition to Item #14 for Triton Communications? Hearing none. Mr. Vakos would you please comment on number 13 and 147 Robert Vakos: I'll be happy too. Dorothy Wood: Thank you. Robert Vakos: Item #14 is one of those no brainers Betsy referred to. And you serve on the Commission long enough you don't always get your way even though you like to think you do or you would. And, whenever you have an existing power line and you want to put a small antenna on the top, to me that ought to be an administrative approval and not through the Commission. So, maybe one of these days that this type of application will go through administratively and not have to be on Planning Commission or City Council. So that is sort of a no brainer and the Commission felt like it was acceptable to be on the consent agenda. Dorothy Wood: Thank you Mr. Vakos. Mr. Ripley, I would move to approve this item on the consent agenda, number 14 with nine conditions. Ronald Ripley: So we have a motion. Do I have a second? Seconded by Gene Crabtree to approve this consent agenda item. Is there any discussion on the matter? We're ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE Item #14 Triton PCS/Suncom Page 2 CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE Ronald Ripley: By a vote of 10-0, the motion passes. ABSENT CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Tyrone Hart- Conditional Use Permit MEETING DATE: December 3, 2002 Background: An Ordinance upon Application of Tyrone Hart for a Conditional Use Permit for a church on the south side of Virginia Beach Boulevard, 93.78 feet west of Toy Avenue (GPIN 1467477344). Said parcel is located at 5441 Virginia Beach Boulevard, Suites 116 and 117 and contains 2.658 acres. DISTRICT 2 - KEMPSVILLE The applicant plans to share two suites in a retail center with an existing commercial daycare center. The daycare center would have use of the space during standard business hours on weekdays. The church would hold services Sundays and possibly have meeting times during weekday evenings. Considerations: The subject property is developed with a commercial shopping center (Azalea Village Suites) and is zoned B-2 Community Business District. The applicant currently has a congregation of 15 people and currently anticipates only a small amount of growth. The applicant proposes to hold church services, Bible study, and other church-related activities in two suites in the southwest corner of the building. The suites are currently occupied by a daycare center, which will continue to operate from the same space. All church services and activities will be scheduled for Sunday mornings and weekday evenings and will not conflict with the hours of the daycare center The Planning Commission placed this item on the consent agenda because the church is appropriate for the location and will be compatible with adjacent land uses. Staff recommended approval and there was no opposition to this request. Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~/~/ City Manager:~ ~, ~ Tyrone Hart Page 2 of 2 The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. TYRONE HART- MOVE OF GOD / #17 November 13, 2002 General Information: APPLICATION NUMBER: REQUEST: ADDRESS: C06-211-CUP-2002 Conditional Use Permit (church) 5441 Virginia Beach Boulevard, Suite 116-117 Map C-6 Ho~ H~t -~c ~zole T' ~rone Hart Gpin 1467-47-7344 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 14674773440000 2 - KEMPSVILLE 2.658 acres Ashby Moss The applicant plans to share two suites in a retail center with an existing commercial daycare center. The daycare center would have use of the space during standard business hours on weekdays. The church would hold services Sundays and possibly have meeting times during weekday evenings. Planning Commission Agenda November 13, 2002 TYRONE HART - MOVE OF GOD / #17 Page I Major Issues: · Compatibility with other uses in the commercial center, particularly in terms of available parking. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning The subject property is developed with a commercial shopping center (Azalea Village Suites) and is zoned B-2 Community Business District. Surroundinq Land Use and Zoninq North: South: East: West: · Across Virginia Beach Boulevard, retail center/B- 2 Community Business District · Vacant parcel / A-12 Apartment District · Church / R-7.5 Residential District Veterinary office / B-2 Community Business District · Single family neighborhood on Toy Avenue / R-7.5 Residential District · Auto repair business / B-2 Community Business District Zoning History Another Conditional Use Permit for a church was approved within the subject shopping center in April of 1985. The church south of the subject site received its original conditional use permit in 1978 and was later approved for an expansion in 1982. The empty paved area behind the shopping center was rezoned from residential to commercial zoning in 1983. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The property is completely developed with a shopping center and parking lot. Public Facilities and Services Water and Sewer Water: Sewer: This site already has a water meter that may be utilized. This site is already connected to City sewer. Planning Commission Agenda November 13, 2002 TYRONE HART - MOVE OF GOD / #17 Page 2 ; Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Virginia Beach Boulevard in the vicinity of this application is an eight lane divided major urban arterial. This road is designated on the MTP as a 150-foot right-of-way with divided travel lanes. No projects are listed for this section of Virginia Beach Boulevard in the currently adopted CIP. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 34,940 ADT- Existing Land Use =- 202 ADT Virginia Beach 41,000 ADT ~ Level of Proposed Land Use 3_ 289 ADT Boulevard Service C Average Daily Trips as defined by daycare center as defined by daycare center and proposed church Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: This proposal will require a change of use request from education to a place of assembly. All permits must be obtained from the Permits and Inspections Division of the Department of Planning prior to any renovation or construction. A Certificate of Occupancy must be obtained from Permits and Inspections. Effective January 1,2003, a fire code permit will be required. Comprehensive Plan The Comprehensive Plan Map designates this area for retail, service, office, and other uses compatible within commercial centers serving surrounding neighborhoods and communities. The land use policies in the Comprehensive Plan also recognize the need for legitimate support uses that fulfill the needs and services of the adjacent community. Summary of Proposal Proposal The applicant currently has a congregation of 15 people and currently anticipates only a small amount of growth. The applicant proposes to hold church services, Bible study, and other church-related activities in two suites in the southwest corner of the building. The suites are currently occupied by Planning Commission Agenda November 13, 2002 TYRONE HART - MOVE OF GOD ! #17 Page 3 a daycare center, which will continue to operate from the same space. All church services and activities will be scheduled for Sunday mornings and weekday evenings and will not conflict with the hours of the daycare center. Site Desiqn Three rows of buildings are oriented in a U-shape on the site with parking located inside the "U." There are a total of 80 spaces in the parking lot. Another paved area exists behind the building that can be used for overflow parking when necessary. The total area of the shopping center is approximately 20,000 square feet. The area proposed for the church totals 1,273 square feet. Other tenants in the shopping center include a hair salon, several offices, another church, and the daycare center, which will share two suites with the church. One suite is currently vacant. Vehicular and Pedestrian Access The property has two access points on Virginia Beach Boulevard and a third access point off of Toy Avenue that leads to the back of the shopping center. A sidewalk already exists along Virginia Beach Boulevard. Architectural Desiqn The existing building is brick on all sides and has a gable roof with asphalt shingles. The building includes projections and recesses and variations in the roofline to break up the length of the building and add architectural detail. Dormers, window shutters, and windowpanes provide a slightly residential character to the building design. · No exterior changes are proposed for the building. Landscape and Open Space Desiqn The property is well landscaped in terms of interior parking lot and foundation landscaping. However, there is no street frontage landscaping in front of the property. Evaluation of Request The applicant's conditional use permit request for a church is acceptable. The proposed church is appropriate for the location and will be compatible with adjacent land uses. Due to the opposite hours held by these types of uses, the pairing of the church and daycare center is an increasingly common occurrence that offers an efficient use of space. There is ample parking to accommodate the proposed church and all other existing tenants of this shopping center, including the existing church operating in Suite 120. Most church activities will occur during off- or Iow-customer hours for the other businesses, thereby freeing the parking lot for the two churches. Therefore, this application is recommended for approval, subject to the condition recommended below. Planning Commission Agenda November 13, 2002 TYRONE HART - MOVE OF GOD / #17 Page 4 Conditions The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 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 November 13, 2002 TYRONE HART - MOVE OF GOD / #17 Page 5 ; ,i Planning Commission Agenda ~f:::'l-,',.~, ..',. ~,~ November 13, 2002 ' ~ ...."~ TYRONE HART - MOVE OF GOD / #17 ~~~ Page 6 Planning Commission Agenda November 13, 2002 TYRONE HART - MOVE OF GOD / #17 Page 7 DISCLOSURE STATEMENT · th~ pt'ol: ~rry own~ is a P~,.R'rNIgP~E[IP, FIRM, ~ ~ ~CO~~D O~GA~ZATION. list ~~" ~ "' _X-' I-~. :? ..._- ~ .. Y_ /_ .~. ~ ~ : ,.~ .... '::~ ~ ~ ~' .~ if ~ ~to~y o~' i~ NOT l ~, ~i~l,~ ;,~ ~kip~ fi~. or o~r ~i~o~r~ ~l~t~ tht,41~pt~an~ Di~clo~ure.s~tion below: ,OSU~ th~ appllc~' t is ~. PARTNEI~I'IIP, '[I'IRM, ot' oihcr UNINCORPORATRD ORGA. NIZATION, Iisi all ~bcrs or p,~.~rs in th~ organiza~i~l b~iow: (Auach IL. ~fnece. na~) C~k hem ii' ;hu applir.~nl ia N~ m. torpon,Iiou, psr~m~t~ip, firm, or olher uniocorporuced orgu,~izadom iwri~iCnT4ON: I certlfy that th, information contatnsd herein is true a4~d accurate. -- - '/ ' - PrinINam¢ Planning Commission Agenda November 13, 2002 TYRONE HART - MOVE OF GOD / #17 Page 8 Item # 17 Tyrone Hart Conditional Use Permit for a church 5441 Virginia Beach Boulevard District 2 Kempsville November 13, 2002 CONSENT Dorothy Wood: Thank you. The next item on the consent agenda is Item #17. It is Tyrone Hart for a Use Permit for a church on the south side of Virginia Beach Boulevard. And this is in Kempsville and we have one condition. Is Mr. Hart here? Is anyone representing the church? Welcome Mr. Hart. Tyrone Hart: Hi. How' are you? Dorothy Wood: You read the conditions sir? Tyrone Hart: My name is Tyrone Hart. I'm here to represent the applicant. No I haven't read the opposition. Dorothy Wood: No sir. The condition? There was one condition that staff put on. The condition says you should obtain all necessary permits, inspections and approval from the Fire Department and Permits and Inspections Division of the Planning Department before you occupy the building. And it says you must have a Certificate of Occupancy for use from Permits and Inspections. Do you agree with that sir? Tyrone Hart: Yes. Dorothy Wood: Thank you. Is there any opposition to Item #17, which is Mr. Tyrone Hart for a church on Virginia Beach Boulevard, Kempsville District? Hearing none. Joe would you please comment on that item? Joe Strange: Sure. The only major issue with Item #I 7 was the compatibility with other uses of the commercial center. Particularly, in terms of available parking. Since the application is compatible with the Comprehensive Plan and is also compatible with adjacent land uses. The hours of operation of the church will be exactly the opposite of the hours of operation of the daycare center so there is no conflict here. It means there's ample parking to accommodate all uses of the center. And it is consent to subject to the conditions set. The staff recommends that. There is no opposition to it. Dorothy Wood: Thank you Mr. Strange. Mr. Ripley, I would move to approve this item on the consent agenda, number 17 with one condition. Ronald Ripley: So we have a motion. Do I have a second? Seconded by Gene Crabtree Item # 17 Tyrone Hart Page 2 to approve this consent agenda item. Is there any discussion on the matter? We're ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion passes. CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Ocean Tide Associates, L.L.C. - Conditional Use Permit MEETING DATE: December 3, 2002 Background: An Ordinance upon Application of Ocean Tide Associates, L.L.C. for a Conditional Use Permit for multiple-family dwellings on the north side of Shore Drive, between Sea Shell Road and Urchin Road (GPIN 1590106244). Said parcel is located at 2990 Shore Drive and contains 1.03 acres. DISTRICT 5 - LYNNHAVEN This is a request to obtain a conditional use permit to redevelop this site for 24 multiple- family dwelling units on a site located within the B-4 Resort Commercial District with the Shore Drive Corridor Overlay Considerations: The applicant proposes to develop 24 multiple family dwelling units on the site. The Shore Drive Corridor Overlay District requires a conditional use permit for multiple family dwellings. The allowed density for zoning lots of 30,000 square feet and less than four (4) acres is 24 units per acre. The proposed density of 24 units complies with the allowable density for the site. There will be three buildings on the site, each containing eight units. The buildings are situated in a courtyard style setting consistent with the Shore Drive Design Guidelines. The buildings are elevated over the residents' parking area, with the dwelling units located on the second and third floors. The buildings are connected by covered walkways, and are served by a single elevator. Forty-eight parking spaces under the buildings, accessed from Urchin Road or Sea Shell Road, will be available for the residents. A separate parking area of eighteen spaces, with access from Shore Drive, will be available for emergency vehicle access, moving vans and delivery vehicles, and guest parking. The architectural design of the buildings incorporates many of the Shore Drive Design Guidelines recommendations including the use of dormers; porches (or galleries and balconies) with decorative vinyl wrapped railing; masonry and beaded vinyl for exterior materials, and architectural style roofing shingles. The landscape plan is unique and uses the Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning City Ma nager: (~,y~_~)/__, ~ Department,~'~ Ocean Tide Associates, L.L.C. Page 2 of 2 recommended plants for the Shore Drive Corridor. The Planning Commission placed this item on the consent agenda because the design and landscaping is in keeping with the Shore Drive Design Guidelines. Staff recommended approval and there was no opposition to the proposal. Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The site shall be developed in substantial conformance with the submitted site plan titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI-FAMILY DEVELOPMENT SITE PLAN", sheet C1, dated October 14, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. The proposed buildings shall be constructed in substantial conformance with the submitted architectural elevations titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI-FAMILY DEVELOPMENT EXTERIOR ELEVATIONS", sheets A1 and A2, dated October 14, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. The site shall be landscaped in substantial conformance with the submitted landscape plan titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI-FAMILY DEVELOPMENT LANDSCAPE PLAN", Sheet L1, dated October 14, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. OCEAN TIDE ASSOCIATES, L.L.C./# 16 November 13, 2002 General Information: APPLICATION NUMBER: H03-211-CUP-2002 REQUEST: Conditional Use Permit for Multiple-family dwellings - 24 units - in the Shore Drive Corridor Overlay District ADDRESS: 2990 Shore Drive, on the north side of Shore Drive between Sea Shell Road and Urchin Road GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 25901062440000 #5-LYNNHAVEN 1.03acres Gpin - 1590-10-6244 Faith Christie To obtain a conditional use permit to develop 24 multiple-family dwelling units on a site located within the B-4 Resort Commercial District with the Shore Drive Corridor Overlay Major Issues: Planning Commission Agenda November 13, 2002 OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page I Consistency with the Shore Drive Corridor Overlay District and Shore Drive Corridor Design Guidelines. Compatibility with surrounding uses. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoninq A fast food restaurant, Hardees, associated parking and mature landscaping occupy the site. The site is zoned B-4 (SD) Resort Commercial with the Shore Drive Corridor Overlay District. Surroundinq Land Use and Zoning North: South: East: West: Multiple family dwellings / B-4 (SD) Resort Commercial with the Shore Drive Corridor Overlay Shore Drive Across Shore Drive is the 7-11 retail store and Bay Billiards / B-2 (SD) Community Business with the Shore Drive Corridor Overlay Urchin Road Across Urchin Road is an undeveloped lot and multiple family dwellings / B-4 (SD) Resort Commercial with the Shore Drive Corridor Overlay Sea Shell Road Across Sea Shell Road is the Econo Lodge Motel/B- 4 (SD) Resort Commercial with the Shore Drive Corridor Overlay District Zoninq History Before 1973, the site was zoned R-D 2 Residence Duplex. The site has been zoned B-4 Resort Commercial since 1973. The Hardees restaurant has occupied the site since 1989. The Shore Drive Corridor Overlay District was adopted and applied to the site in October 1998. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The site is developed with a building and associated parking. Mature landscaping exists along the perimeter of the site. The site is in the Resource Management area of the Chesapeake Bay Preservation Area, Planning Commission Agenda ~~ November 13, 2002 ~.~.~ OCEAN TIDE ASSOCIATES, L.L.C./# 16 Page 2 Public Facilities and Services Water and Sewer Water: There is a sixteen (16) inch water main in Shore Drive, on the south side of the median fronting the site. A six (6) inch water main exists in Urchin Road, fronting the southwest corner of the site, and a six (6) inch water main exists in Sea Shell Road, fronting the east side of the site. The site has an existing one (1) inch meter that may be used or upgraded. Sewer: A ten (10) inch sanitary sewer main and a sixteen (16) inch force main exist in Shore Drive in front of the site. A six (6) inch sanitary sewer main exists in Urchin Road, west of the site, and an eight (8) inch sanitary sewer main exists in Sea Shell Road, east of the site. The site is connected to the City sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Shore Drive in front of this site is a four lane major urban arterial. It is shown on the Master Transportation Plan as a divided roadway with a bike path on a 150-foot right-of-way. The Shore Drive Corridor Study, CIP 2-114.00, is presently underway to develop feasible phased design improvements to this section of Shore Drive. During the review for the conditional use permit an issue arose regarding the proposed curb cut on Shore Drive. The Traffic Engineering division has a concern with allowing any new curb cuts along Shore Drive. They state that Shore Drive is a major east / west arterial that is over capacity and requires rigid management control to prevent further degradation to existing traffic operations. The applicant indicates that the access and parking area is for emergency vehicle access, moving vans and delivery vehicles, and guest parking. All of the required parking for the units is located under the building with access from either Sea Shell Road or Urchin Road. The site was designed to utilize the existing entrance on Sea Shell Road into the site for the resident parking under the buildings. The entrance into the site on Urchin Road will be shifted slightly to line up with the Sea Shell Road entrance. The structures' design does not permit access for large vehicles under the buildings - thus the need for the curb cut on Shore Drive for delivery and emergency vehicles. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 31,700 ADT ~ Shore Drive 42,200 Level of Existing Land Use 2.1,588 ADT ~ Service F* Proposed Land Use 3 _ 193 Average Daily Trips 2 as defined by fast food restaurant with a drive-thru, estimated 3,200 square feet 3 as defined by 24 Dwelling Units Maximum Capacity for Level of Servme E is 31,700 Schools School population should not be noticeably affected by the development as proposed. Planning Commission Agenda ~~,~ November 13, 2002 ~.~~'2 OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page 3 Public Safety Police: Fire and Rescue: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The following comments will be addressed during detailed site and building plan review: A lighting plan will be required. The plan should address the lighting to be installed in the ground floor parking areas, stairwells, and walkways on the second and third floors, visitor-parking area, and outside exterior entrances. The fixture type, direction and pole height (if appropriate) should be noted. Lighting fixtures that are installed along streets, in parking areas, and on the buildings for illumination purposes should be of an appropriate design and height so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down to the ground and not out horizontally or toward the sky. Stairwells should be of such construction that there is open space between each step. This allows for natural and mechanical light in the stairwell. It also allows for increased visibility as a person traverses the stairs. This eliminates places for persons to hide or be concealed. Fire Department issues will be addressed during the building permit process. Comprehensive Plan The Comprehensive Land Use Map designates this area of Shore Drive as Resort Area. This is an area that generally consists of resort type uses including lodging, retail, entertainment, recreational, cultural and other uses. The Bayfront Planning Area's land use policies and the Map designation for this corridor support well-planned and designed residential developments that promote community aesthetics, economic vitality, and enhanced quality of life. The Shore Drive Corridor Design Guidelines are established to ensure that these qualities are achieved. Summary of Proposal Proposal The applicant proposes to develop 24 multiple family dwelling units on the site. The Shore Drive Corridor Overlay District requires a conditional use permit for multiple family dwellings. The allowed density for zoning lots of 30,000 square feet and less than four (4) acres is 24 units per acre. The proposed density of 24 units complies with the allowable density for the site. Site Desiqn There will be three buildings on the site, each containing eight units. The buildings are situated in a courtyard style setting consistent with the Shore Drive Design Guidelines. The buildings are elevated over the residents' parking area, with the dwelling units located on the second and third floors. Planning Commission Agenda November 13, 2002 OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page 4 The buildings are connected by covered walkways, and are served by a single elevator. Forty-eight parking spaces under the buildings, accessed from Urchin Road or Sea Shell Road, will be available for the residents. A separate parking area of eighteen spaces, with access from Shore Drive, will be available for emergency vehicle access, moving vans and delivery vehicles, and guest parking. The applicant has located the buildings thirty feet from the property line along Shore Drive, fifteen feet from the property lines along Sea Shell Road and Urchin Road, and fifteen feet from the northern property line. According to the City Zoning Ordinance, the required setbacks along Shore Drive and the northern property line are fifteen feet, and along Sea Shell Road and Urchin Road the setbacks are thirty feet. The applicant has applied to the Board of Zoning Appeals for a reduction in the required setback on Sea Shell Road and Urchin Road to the proposed fifteen feet as depicted on the plan. Vehicular and Pedestrian Access Currently, access to the site exists on Sea Shell Road and Urchin Road. A continuous right turn lane exists along the entire frontage of Shore Drive. The applicant proposes to use the existing entrance on Sea Shell Road. The entrance on Urchin Road will be shifted slightly to align with the Sea Shell Road entrance. The buildings are designed with an enclosed parking area on the ground floor for the residents. Access to the parking area can only be obtained from Sea Shell Road or Urchin Road. The ground floor parking area is not designed to accommodate large vehicles. A separate parking area for emergency vehicle access, moving vans and delivery vehicles, and guest parking is proposed in the courtyard area on Shore Drive. Sidewalks exist along the right-of-ways. Architectural Desiqn The proposed buildings are a transitional colonial design similar to structures found in Charleston and Savannah. The buildings are three stories in height with parking on the ground floor. The dwelling units are located on the second and third floors. The hipped roof of architectural shingles has pitched roof dormers with half round-arch windows. The front elevation (facing Shore Drive and into the site) depicts enclosed stairway towers on the first and second floors at each end of the building. The third floor of the tower has a gabled roof supported by vinyl wrapped double columns. The elevator that services the complex is enclosed in a tower and located in the middle of the building. The second and third floors are graced with an open gallery that is typical of southern style buildings. Vinyl wrapped columns covering the gallery support the roof overhang. Decorative vinyl railing along the galleries completes the design. The rear elevation (facing Sea Shell Road, Urchin Road and the northern property line) depicts double window dormers, double windows, paned sliding glass doors and recessed balconies. The end elevations (facing Shore Drive) depict single window dormers, a projected window box, single windows, and glass block windows. Hardi-plank panels provide an additional architectural element in the side elevations. Planning Commission Agenda ~,;~"~: November 13, 2002 OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page 5 · The first floor of the buildings is masonry, with the second and third floors being beaded vinyl siding. The fascia is aluminum wrapped. Landscape and Open Space Desiqn Extensive landscaping using plants consistent with the Shore Drive Corridor Plan recommendations is proposed for the site. Existing landscaping will be retained and incorporated into the overall landscape plan for the site. · Placement of the buildings thirty feet from Shore Drive insures an open space area along Shore Drive. Evaluation of Request The request for a conditional use permit to develop twenty-four multiple family dwelling units is acceptable. The proposed use is consistent with the Shore Drive Corridor Overlay District and the Shore Drive Corridor Design Guidelines. The site is designed in a courtyard style with at least two of the buildings located at the setback line. The site layout preserves open space along Shore Drive. The architectural design of the buildings incorporates many of the Shore Drive Design Guidelines recommendations including the use of dormers; porches (or galleries and balconies) with decorative vinyl wrapped railing; masonry and beaded vinyl for exterior materials, and architectural style roofing shingles. The landscape plan is unique and uses the recommended plants for the Shore Drive Corridor. Staff recommends approval of the request for a conditional use permit for 24 multiple family dwelling units subject to the following conditions. Conditions The site shall be developed in substantial conformance with the submitted site plan titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI- FAMILY DEVELOPMENT SITE PLAN", sheet C1, dated October 14, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. The proposed buildings shall be constructed in substantial conformance with the submitted architectural elevations titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI-FAMILY DEVELOPMENT EXTERIOR ELEVATIONS", sheets A1 and A2, dated October 14, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. The site shall be landscaped in substantial conformance with the submitted landscape plan titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI- FAMILY DEVELOPMENT LANDSCAPE PLAN", Sheet L1, dated October 14, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. Planning Commission Agenda OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page 6 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 November 13, 2002 Page 7 I I I I I Planning Commission Agenda ~.- --i-~ November13, 2002 .~~~ OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page 8 N~'Id ~SONV1 I 1 Planning Commission Agenda November 13, 2002 OCEAN TIDE ASSOCIATES, L.L.C. /# 16 Page 9 SNOLLYK~T1] .I.N]WdO'I;I/Lq(] A'IIW¥:H.L'lfI~ (:]3SOdO~d Planning Commission Agenda November 13, 2002 OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page 10 NOLLYA.:TI:i 'I::i~IIU. S CIN¥ CIN~! .LN~IWdO'LqA.qC] ,~llWV.+LI.lflW CL:iSOdONd Planning Commission Agenda ~',% November 13, 2002~, :~'-;~ OCEAN TIDE ASSOCIATES, L.L.C./# 16 Page 11 Planning Commission Agenda ~~.'~ November 13, 2002 OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page12 DISCLOSURE STATEMENT Property Owner~: ~ PROPERTY OWNER DISCLOSURE If the propert3' owner is a CORPORATION, list all officers of the Corporation below: (Attach lin if necessary) If the property owner is a PARTNERSHIP, FIRM. or other UNINCORPORATED~ORGANIZATION, Iisi all members or partners in the organization below: (Attach list if necessary) .~,~ Boddte-Noell Enterprises. Inc. (Partner) Officers: 'William L. Boddie, President & CEO; Bou$las E. Anderson, Executive Vice Presifle~t and Secretary; W. Craig Worthy, CFO f Treasurer; Michael H. Hancock, ~xecutive Vice President ~ Check hcrc if thc -",r,~pcrt~ owner ts NO'I a corporation, partnership, firm, or other unincorpor~.ted organization, the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNLNCORPORATED ORGANIZATION. list ail members or partners in the organization below: (Attach lisLifneceszar3,)~. Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATIOM' i cerafy that the information contained herein is true and accurate. Michael tt. ~a~cock, EXecutive Vice P~esiflsut )~i,~"- Print Name Rev ~/t 3/r~,~ Planning Commission Agenda November 13, 2002 OCEAN TIDE ASSOCIATES, L.L.C. / # 16 Page 13 Item # 16 Ocean Tide Associates, L.L.C. Conditional Use Permit for multiple family dwellings 2990 Shore Drive District 5 Lynnhaven November 13, 2002 CONSENT Dorothy Wood: The next item is Item #16. This is for the Ocean Tide Associates. It's an application for a Conditional Use Permit for multiple family dwellings on the north side of Shore Drive between Sea Shell and Urchin Drive, and it's in the Lynnhaven District. And Item #16 has three conditions. Mr. McGinnis? Rip McGinnis: Yes. Rip McGinnis representing the applicant and we're in agreement with the three conditions. Dorothy Wood: Thank you sir. Is there any opposition to Item #16, Ocean Tide Associates? Hearing none. Betsy, would you please comment on that? Betsy Atkinson: I would be happy to. Looking mighty fine Mr. McGinnis in your tie today. I appreciate that. The Commission felt that was this worthy of our consent agenda for several reasons. The design of the three buildings with eight units each meets or exceeds the architectural guidelines that we just voted on the Shore Drive Advisory Committee, and it includes a lot of the design guideline element. Also, this plan exceeds the landscaping guidelines and actually incorporates many of the trees and the type of landscaping that we had recommended in the Shore Drive Advisory Committee. I know there's one issue on ingress/egress that Mr. McGinnis will have to work out with Highways. But, the proposed site plan and the elevations of the buildings are certainly a credit to him and to the City's efforts to upgrade the Shore Drive Development community. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve this item on the consent agenda, number 16 with three conditions. Ronald Ripley: So we have a motion. Do I have a second? Seconded by Gene Crabtree to approve this consent agenda item. Is there any discussion on the matter? We're ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion passes. CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Sandbridge Community Chapel of the UMC - Modification of Conditions MEETING DATE: December 3, 2002 Background: An Ordinance upon Application of Sandbridge Community Chapel of the United Methodist Church for a Modification of a Conditional Use Permit for a church approved by City Council on November 15, 1984 and October 24, 1988. Property is located on the west side of Sandpiper Road, north and south sides of Bonita Lane between Sandpiper Road and Little Island Road (GPIN 2433329654; 2433420899; 2433421690). Parcels are located at 3041 Sandpiper Road and 300 Bonita Lane and contain 1.62 acres. DISTRICT 7 - PRINCESS ANNE. Considerations: The subject site is an undeveloped lot that is zoned R-10 Residential District. The church's main sanctuary, parking, and mature landscaping occupy the northern parcel on Bonita Lane, northeast of this site. The fellowship hall, a play area, parking, and mature landscaping occupy the southern parcel on Bonita Lane, across form this site. The sites are zoned R-10 Residential District. The applicant desires to sell an existing lot located on Little Island Road, across from the existing church. In order to sell the lot, the applicant must modify two conditions attached to the conditional use permits granted for the church that would accomplish the following: A reduction of land area from 1.62 acres to 1.3 acres; Staff recommended approval. There was opposition to this request, Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning City Manager:~ ltl.._ 0 <::~iFt~'y~ Department~ Sandbridge Community Chapel of the UMC Page 2 of 2 October 24, 1988 remain in affect. A reduction in land area from 1.62 acres to 1.3 acres is granted. 2. Condition Number 1 of the November 5, 1984 Conditional Use Permit is deleted. November 13, 2002 General Information: APPLICATION NUMBER: O14-210- M O D-2002 REQUEST: Modification of Conditions placed on conditional use permits approved on November 5, 1984 and October 24, 1988 for a church ADDRESS: 3041 Sandpiper Lane and 300 Bonita Lane ~tap 0--14 hlo~ F£ot :c ~coLe GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: Gpln - See Application 24333296540000; 24334208990000; 24334216900000 #7 - PRINCESS ANNE 1.62 acres Faith Christie Planning Commission Agenda . ~ November 13, 2002 SANDBRIDGE COMMUNITY CHAPEL - UMC ! # 19 ~'~ Page1 PURPOSE: The applicant desires to sell an existing lot located on Little Island Road, across from the existing church. In order to sell the lot, the applicant must modify two conditions attached to the conditional use permits granted for the church that would accomplish the following: A reduction of land area from 1.62 acres to 1.3 acres; Release the church from "A 15 foot dedication of right of way along the frontage on Sandpiper Road, 45 feet from the centerline of the existing 60 foot right-of-way to provide for an ultimate 90 as per the Master Street and Highway Plan shall be eliminated; however, an agreement shall be filed with the City stating that the church will not construct on this 15 feet so the City may have this property, whenever necessary, for Ferrell Parkway. The only improvements to be constructed or installed within this 15 feet shall be landscaping". Major Issues: · Insuring that the reduction in the church land area does not place an undue burden, due to church activities, upon the surrounding residential uses. Land Use, Zoning, and Site C h a racteri stics: Existinq Land Use and Zoning The subject site is an undeveloped lot that is zoned R-10 Residential District. The church's main sanctuary, parking, and mature landscaping occupy the northern parcel on Bonita Lane, northeast of this site. The fellowship hall, a play area, parking, and mature landscaping occupy the southern parcel on Bonita Lane, across form this site. The sites are zoned R-10 Residential District. Surroundinq Land Use and Zoninq North: South: East: West: · Single-family residential dwellings/R-10 Residential District · Single-family residential dwellings / R-10 Residential District · Little Island Road · The church facilities / R-10 Residential District · North Bay Inlet, a canal · Across the canal to the west are single-family dwellings / R-10 Residential District Zoning History The structure on the south parcel was built in 1965. A conditional use permit was approved in May 1968 for a church on the northern and southern parcels on Sandpiper Road, Bonita Lane and Little Island Road, and Lot 16 on Little Island Road. In November 1984, a conditional use permit was approved to construct a 200 to 250-seat sanctuary on the south parcel with parking located on the north parcel, across Bonita Planning Commission Agenda November 13, 2002 SANDBRIDGE COMMUNITY CHAPEL - UMC/# 19 Page 2 Lane. The conditional use permit expired in May of 1986. Another conditional use permit was approved on March 14, 1988, and reconsidered on October 24, 1988, to construct a sanctuary with seating for 230 on the northern parcel. The existing sanctuary, on the southern site, was converted into the fellowship hall at that time. Lot 16 (subject site) was a part of each request. On May 22, 2001 a conditional use permit for an addition to the fellowship hall was approved, and on January 8, 2002 a conditional use permit for childcare was approved. Lot 16 was not included in these requests. Between 1984 and 1988, several Board of Zoning Appeals variances were approved for the sites regarding setbacks, land area, building height, and parking. A variance approved March 2, 1988 allowed 37 parking spaces for the main sanctuary to be maintained on the southern site. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The lot is undeveloped and is immediately adjacent to the North Bay Inlet canal. The site is in the Back Bay watershed. Public Facilities and Services Water and Sewer Water: Sewer: There is a 6-inch water main in Little Island Road fronting the west side of the property. The site has a water meter that may be used. There is a six (6)-inch sanitary vacuum sewer main in Little Island Road fronting the west side of the property. The site is connected to City sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Sandpiper Road is a two-lane local collector street. It is not designated on the Master Transportation Plan, and there are no plans in the Capital Improvement Program to improve the facility. The CIP Division of Public Works has no comment on the request. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z- Less than Sandpiper Road 1,158 ADT~ 6,200 ADT ~ 500 ADT (Sunday) Proposed Land Use 3_ N/A Average Daily Trips as defined by church not applicable due to reduction in size of property Public Safety Police: No comments at this time. Planning Commission Agenda November 13, 2002 SANDBRIDGE COMMUNITY CHAPEL - UMC / # 19 Page 3 Fire and Rescue: Adequate. No comments. Comprehensive Plan The Comprehensive Plan designates this area as Suburban Residential / Low Density, an area planned for residential uses at or below 3.5 dwelling units per acre. Summary of Proposal Proposal · The Conditional Use Permits permitting the church on 1.62 acres were approved by the City Council on November 5, 1984 and October 24, 1988. · The Conditional Use Permit approved on November 5, 1984 has one condition: A 15 foot dedication of right of way along the frontage on Sandpiper Road, 45 feet from the centerline of the existing 60 foot right-of-way to provide for an ultimate 90 as per the Master Street and Highway Plan shall be eliminated; however, an agreement shall be filed with the City stating that the church will not construct on this 15 feet so the City may have this property, whenever necessary, for Ferrell Parkway. The only improvements to be constructed or installed within this 15 feet shall be landscaping". The condition required an agreement that the church would not make any improvements, except landscaping, in the 15 feet along Sandpiper Road. The Traffic Engineering and C.I.P. Divisions of Public Works advise staff that this reservation / dedication is no longer needed and sufficient right of way exists along Sandpiper Road. · The Conditional Use Permit approved on March 14, 1988, and reconsidered on October 24, 1988 has seven conditions: 1. Approval of a BZA variance to permit five (5) on-site parking spaces instead of forty-six (46) parking spaces as required for a church with a two hundred twenty-eight (228) seat sanctuary. 2. Parking area to be buffered at least ten (10) feet from the Johnson property line. 3. Category VIII screening, in accordance with the Draft LandScaping, Screening, Buffering Specifications and Standards, September 1987, shall be installed along all boundary lines abutting residentially zoned properties. 4. The utilization of best management practices for controlling storm water runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay / North Landing River Management District. 5. Lighting shall be directed inward and not shine into adjacent homes. There shall be no flood or high wattage lights that will remain on after 11:00 p.m. 6. Ingress/Egress shall be controlled on the parking lot. The ingress/egress shall be from Little Island Road. There shall be no entrance off Sandpiper Road. There will be chains across the entrance to the parking lot when not required for church functions. 7. Category IV screening along Little Island Road. Planning Commission Agenda November 13, 2002 SANDBRIDGE COMMUNITY CHAPEL - UMC/# 19 Page 4 It was further recommended that the church and neighbors meet and come to an agreement on the appearance of the west wall of the church. Condition 7 was reconsidered by the City Council on October 24, 1988: 7. Category VIII screening would be planted along the frontage of Little Island Road, no closer than six feet from the nearest drain line. The church has developed the northern parcel with the sanctuary and several parking spaces. The fellowship hall and parking is located on the southern parcel. Mature landscaping exists on both sites. The subject lot is undeveloped. Evaluation of Request The request to reduce the land area from 1.62 acres to 1.3 acres, and to delete Condition 1 of the November 5, 1984, conditional use permit appears to be reasonable and is recommended for approval. The requested modification to reduce the land area of the church is in keeping with the character of this primarily residential neighborhood. The development plans that were submitted with both conditional use permit requests did not depict any development of Lot 16. Further the church representative advises staff that on September 15, 2002, a vote by church members was taken to allow the sale of Lot 16. A copy of the minutes of the meeting was submitted with the application. As previously stated in the report Traffic Engineering and the C.I.P. divisions of Public Works advise staff that the requirement for additional right of way for future extension of Ferrell Parkway in this area is no longer needed. Therefore staff recommends approval of the request to reduce the land area from 1.62 acres to 1.3 acres and to delete Condition 1 of the November 5, 1984 Conditional Use Permit. Conditions All conditions attached to the Conditional Use Permit granted by the City Council on October 24, 1988 remain in affect. A reduction in land area from 1.62 acres to 1.3 acres is granted. 2. Condition Number 1 of the November 5, 1984 Conditional Use Permit is deleted. 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 ~'-~ ~ November 13, 2002 ~~y Page 5 t I .,,Il Planning Commission Agenda November 13, 2002 SANDBRIDGE COMMUNITY CHAPEL - UMC / # 19 Page 6 Applicant's Name: List Ali Current Property Owners: APPLICAT' -'N PA GE 4 OF 4 ICATION".'OF CONDITIONS i'.....i "..?.:.'. :...~.. '...'. CITY'OF V1RGIlqlABEACH :.i.'..??,;ii,'.i!::i:i'.;.(/.L-i,~(,'.. ':.. ' .' ........ DISCLOSURE STATEMENT PROPERTY OWNER DISCLOSURE ffthe property owner is a CORPORATION, list all officers of the Corporation below: (Attach tt'st ifnecess,nT', If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE ff the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERS~P, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) [~l Check hem if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Print Name Planning Commission Agenda November 13, 2002 SANDBRIDGE COMMUNITY CHAPEL - UMC / # 19 Page 7 Item #19 Sandbridge Community Chapel Modification of a Conditional Use Permit West side of Sandpiper Road, north and south sides of Bonita Lane Between Sandpiper Road and Little Island Road. 3041 Sandpiper Road and 300 Bonita Lane District 7 Princess Anne November 13, 2002 REGULAR AGENDA Robert Miller: The next item is Item #19, Sandbridge Community Chapel. David Whitley: Mr. Chairman, members of the Planning Commission. Robert Miller: We probably need another prayer. Are you a minister? David Whitley: I was going to say that when I first got here, everybody was saying good morning. Robert Vakos: Now, they're saying good night. David Whitley: My name is David Whitley. I represent the Sandbridge Community Chapel Church. I'm a resident of Sandbridge and a member of the church. With me is Bob McMillan. He's the chairman of our administrative council. Quite quickly, we're requesting two things. One is reduce the land area from ! .62 acres to 1.3 acres and two, release the church from a 15 foot right-of-way dedication that was requested back in 1984 when the first Conditional Use Permit for a church came through. Basically, the difference between the 1.62 and 1.3 amounts to that lot right there. It's residential lot, undeveloped, that was acquired with the other properties back, to my knowledge, looks like in the 60's. Subsequent to that, there's a church. This was the original church in 1965. Subsequent to that, this church was built in the late 80's and just recently we got a Conditional Use Permit, actually last year, came through this board to expand the community center here and to add daycare over here. As part of the long range plan for the church, and financial planning in the expansion of the community center to add more services to the community, this lot that hasn't been used and is basically has laid invalid for the last 40 years was considered ancillary. So, it was brought before the church council, the church membership and the Norfolk parish to get permission to sell it. Everyone agreed, however before we sell, the Conditional Use Permit that was approved originally in 1965, I believe it may have been 1984, there's been quite a few different Conditional Use Permits, incorporated into 1.62 acres. The thought was, and I think when the church acquired all this property, they wanted it to be used for additional parking or to be used for parsonage. Subsequent to that, the church also owns another piece of property in Sandbridge at the north end and that is where the parsonage is now located. The city requirements, the sanctuary here is required to have 46 spaces, and if Item # 19 Sandbridge Community Chapel Page 2 you notice that one of the Conditional Use Permits or I think it may have been a BZA action, allowed some of those spaces to be included on this piece of property because obviously, they're separated by Bonita Lane. Currently, the church has a total of 65 spaces which more than adequately meets the 46-space requirement. Also, one thing that's changed now which wasn't anticipated when all three properties were acquired is City sewer. This space in the front was where the septic tank field system was and over here, it's this space that currently is additional area that the church has for expansion or availability to expand. With the request to reduce that 15 foot dedication, a little history there. Apparently, Sandpiper Road here was presumed to be the extension of Farrell Parkway, if you could imagine. That's a whole other issue. But, there was a thought to extend this to a 90-foot right-of-way as opposed to 60-foot right-of-way, which would require the 15-foot take on both sides. Obviously, that's in the Master Street Highway plan so we've asked for that dedication or that, I guess restriction to be lifted. Both of these, and I've worked with the Planning Department, both of these certainly have met the Planning Department's conditions, and they have asked for approval. Now I understand that we do have one person to speak in against it, and I'll save my comments for a response. Robert Miller: Maxine Graham Maxine Graham: Good afternoon Mr. Chairman, members of the Planning Commission. I can't say that I'm pleased to be here because I'm sure I'd be in other places and be much happier. I've created a lot of dissention in my Christian church family. But, that be the case, so be it. I'm here to speak for something that I've been involved with for over 30 years. Sitting here all day long, I was thinking I can imagine how people felt, disappointed over the road issue vote that was taken on the 5th. And, I compared the church situation with how we waited 30 something years to bring this where we are today for a build out and maybe include Farrell Parkway, which I'm still working on. I've been link of like the godmother to Sandbridge. With that, I'd like to go back and say that I went to work for Jim Kabler, the developer of Sandbridge in October 1966 at which time I left nursing for 27 years. I met Jim Kabler as a patient whose allergies I treated. And, the next year after I was there and I'm still wet behind the ears, Carroll Kellam called me and said that he and Doctor Newman, who was the northern District Superintendent of the United Methodist Ministry would like to come out. They were interested in building a church a Sandbridge. We got together and I said this is impossible. There is no commercial property available. There is commercial property here but not available for sale. Sandpiper Road and Sandfiddler stopped at the curb there at Pike Lane. Everything there below' there was still staked offwith Bruce Gallup and the surveyors. We had no water, no city sewer. We still owned toll calls with lost colonies when we bought it. We paid 20 cents for every call to Norfolk. I began to work on what seemed to be an awesome and impossible task to line up enough lots to constitute what might be considered acceptable to this city to meet the requirement, which at that time, was three acres of contiguous property zoned commercial. It didn't' exist. Where the front door entrance and sidewalk enters into the old building was the only lot out of 1400 properties at Sandbridge in that general area that was on the market for sale. We needed five more Item # 19 Sandbridge Community Chapel Page 3 lots. They were all under contract, privately owned and future to build out investment, retirement homes for military, etc. I became a real part of that community. And, I felt like I was born and raised there. And, I continued to spend a better part of my life for something I loved and felt like I gave birth to it. That's why I'm here, and it's not an easy task to go against my church. I'd like to correct a couple of things that may have been mentioned. The first purchase out there was not made until about 1967. I'm not reading from notes here, things are reminding me that I will bring up because I got it all up here. I hope to write a book some day. Every person that I approached wanted to know what could I offer in replacement. Could I get it for the same price? Would it have the same year? Can you imagine an awesome task and try to come up with the unknown, which we didn't know at that time what was going to be acceptable in lieu of three acres. One by one, little by little, we finally crossed that bridge and came up with it. And some of you see in front of you the most horrible situation you've ever looked at. And, those lots were sold or bought for about $4,500 each and $5,000 for a church that is suffering in red ink, $225 grand looks real look for a lot that sold for $4,000 or $5.000. But, taking the quick fix is not always the answer. If they sell this lot, and it pain~ me very much knowing their financial circumstances to compete with them and trying to balance themselves out, but who put them there. I have letters here in from Jerry Bannigan where I personally, single handily, last August and October got the new parsonage, which was never intended to be built on the subject lot number 16. It was always argued that a minister has no privacy when he's right across the street from his church, which I couldn't agree more with them. I think you concur. And. if that was the intent why did the church pursue in December 1996 the present location'which is on the north end right near the tennis court. Why didn't they build on that 167 I have had in Ruth Smith's office over a month the verbatim of that meeting where all of these approvals were granted. There's not one member of my church that went to listen to that or gone to listen to it. It's over an hour in length. Bob Cromwell, Colonel Sprague, who used to be on your Chesapeake Bay Preservation Committee, all of us were there and we built the church. It was over our head in the first place, but I was the only female and when we'd meet for these new building plans, they would go to the kitchen ~to get a cup of coffee and came back and tell me what they were going to do. We ended up with a $750,000 church that still to this day, does not have a fully equipped kitchen. It does not have a social hall, it doesn't have a Pastor's study or does it have a secretary's office. They have to commute back and forth across the street for all of these things. This was supposed to be down the road when we could afford it. That is a resort community. It's a party community. And you don't always get an invitation to serve on the committee because you know a little bit more about it, and that's what's happening to me. I have not been asked to serve on anything. I resent it, I'm insulted but I can live with it. The plans to eventually build on the front of the existing sanctuary, and add these things, use lot 16 for parking, and I attend all of the workshops on the southern watershed, the Chesapeake Bay Preservation Act. I used to work for Bailey Parker. Ronald Ripley: Ms. Graham. I don't want to be rude. I don't want to intend to be rude, I would like for you to get why you object? Item # 19 Sandbridge Community Chapel Page 4 Maxine Graham: I object to it because they're going to be eliminating the lot that in the future is to complete the main structure. And, clean up what's over there and do it in an orderly fashion. These brochures here are for you today to see the quality of homes that is going up down there. And, the man that wants to buy this lot, and it was incidentally placed on the open market. If he came up with an offer on his own that was too important, somebody might be willing to pay $250,000.00. I said I'm a realtor, I'll even sell it for you for nothing because I've been doing referral work through Goodman, Segar, Hogan and the three listings that I referred, two of them sold above the listed price and never get the MLS. Sandbridge is hot. Ronald Ripley: So, you're saying if they sell this lot, they won't have room to expand? Maxine Graham: That is my sole concern. Ronald Ripley: Okay. Maxine Graham: We can't aftbrd to give that lot up. Now, what's going to happen to that 15-feet? Not only that, I'm not sure that they haven't already breached their Conditional Use Permit maybe even BZA. But it came before you for the daycare center because every time you ask where the square foot of needed improvements you're increasing the need for paved parking. Am I not correct on commercial property? I mean, I know that some things that some of these people don't know, and these two gentlemen that are here tonight have both lived at Sandbridge less than 10 years. I've been out there 37. I have a plat right back where in about 1970, the town hall that Bob Scott and I spent one full year, twelve months. I was a brainchild of getting city water out there in 1970 and also behind getting sewer out there. Ronald Ripley: I still don't want to appear rude. Maxine Graham: Because that was another reason we few had automatic restrictions of any growth, because we didn't have sewer out there that we could, there was no use to put to many property places because it was only septic tank. And a lot of that property didn't perk. So, the bottom line is, I mean everybody else has had time to speak and I felt I was going to get time. Ronald Ripley: I know. We want you to have the time you need to say, but we'd like to get to the main point. I think you made the point very well. I think I understood it. And, I think that everybody else here understands it. Maxine Graham: I'm reading my notes here of the things that I wanted to bring up. Ronald Ripley: Is there something else you need to bring up? Maxine Graham: Yeah. I'm trying to see if I missed anything. Item # 19 Sandbridge Community Chapel Page 5 Ronald Ripley: Oh sure, go ahead. Maxine Graham: We're talking about 30 something years Mr. Ripley. Ronald Ripley: I understand that. Maxine Graham: They spent for 30 something years on real estate taxes that could have been taxed exempted. I was one that got it off there last August or November. And, I was the one who got the new parsonage off the tax roll that one of the local realtors agent sold to the church, and Sonny Skyler is his partner, is the one that represented him on the closing but they both forgot to make sure that the deed went to record on the nonprofit status, and when I found out about it the church had paid over $11,000 in real estate taxes on what they should have been exempt on, I was able to recover, and we do have the check in hand. The Statue of Limitations is going to let us recover. And, three years or so, why are they in financial strain? I think you know the answer. There's one other thing that I have talked to the minister about on several occasions in the last year, and I've been pretty scarce around the church since my husband died June of last year. And, I have been talking to Ed Johnston who was one of the critics when this church was built originally and the house was right between the church, and I talked to Reverend Meese about it and he thinks it's a great idea. I've been trying to talk to Ed Johnston and to take lot 16 as a trade-in on his lot with house. It was built by the same builder that built mine. So, that all of the property could be contiguous instead of being tic-tac-toe, it would be two pieces. And, it would be a breeze to move that house because it was designed to where you got like a box here and a box here and a deck in one lot. We've actually talked about the actual cost of moving it across the street and let the church have it altogether. Because you' re thinking of closing off Bonita Lane, that'll never happen because there's not a single easement from Rock Lane all the way down to Pike that gives public access from Little Island Road properties. And, I already talked to the neighbors there. They didn't know about all of this. And, they said they would never get consent to close that street off. So, I guess that pretty well covers the main things that I'm interested in. Ronald Ripley: We appreciate you standing down here all day. Maxine Graham: And, you see that I have not been reading from what I've written, I lived it. And I think if you all approve this, you're going to do one of the greatest injustices that I could have ever imagine, and I hate see you do it to God's house. Ronald Ripley: Thank you very much. Maxine Graham: That church is a compliment in that community. The civic league meets there. They hold training programs, fire and rescue, and there were contributions made, I don't know how much from memorials to my husband's death of these classrooms. But where are they going to move the playground when they build, if they sell that lot across the street? Have you thought about that? And, are you going to leave Item # 19 Sandbridge Community Chapel Page 6 that 15 feet that can only have vegetation on it, or are you going to change that? One more thing, when I went to that business meeting following the church service in September, they said that 70 people attended and then they said 60 something. You got 1400 platted single family residential lots and houses now that are sleeping 20 people that are renting $5,000 a week. That zoning is going to start changing because there is no place else that is going to be developed. Now, what's going to happen when people start coming in here and asking for zoning changes to build duplexes, apartments and this is where the church is going to generate their additional members. And, even if they're just guests who are there for the weekend or a tourist, and I don't think you all remember me revealing this back to you today. You probably don't even have time to think about it and be fair about it. Especially, when you have been here all these hours. I didn't know that these meetings have ever lasted this long and I don't approve of them. Ronald Ripley: Well, this is unusual. Maxine Graham: And you're not being fair to the people who attend these meetings. Ronald Ripley: Normally, they don't last this long. I can assure. Maxine Graham: I don't mind telling you all that I was almost a candidate for City Council this last Spring, but my husband's death and my health and moving was too much for my age. I'll be 75 my next birthday. Ronald Ripley: Thank you. Maxine Graham: And I'm still going strong. And, I thank you for your patience and your time. And, I would like for you to think real hard about this because once this is done, you can't ever recall it. And there's no way in this world you'll every find a replacement for that lot. And I thank you. Ronald Ripley: Thank you. Maxine Graham: Do you have any questions? Ronald Ripley: No ma'am. I don't have any. Does anybody have any questions? Thank you. Mr. Whitley, did you want to rebut? David Whitley: Mr. Chairman, I'm not really sure what I need to rebut. It seems to be certainly some personal issues, things between Ms. Graham and the church. I will tell you however, that certainly I have only been in Sandbridge for 10 years, she certainly has a lot of history. However, our strategic building committee for the church, we have a very active church. We got a lot of smart people in there. We've laid out a plan. Certainly, it's expected growth that's happening in Sandbridge, certainly we are trying to get them in to the church. There is room. We've met all the requirements. I can answer any questions that you may have. Item # 19 Sandbridge Community Chapel Page 7 Ronald Ripley: Any questions? Dorothy Wood: Mr. Whitley, maybe you can have her involved in one of your committees. David Whitley: Ms. Wood, I'm not someone that appoints committees. I'm a worker bee, but I will certainly make that suggestion. Ronald Ripley: Thank you. Okay. Thank you very much. Does anybody wish to discuss this or make a motion? Dorothy Wood: I'd make a motion we approve. Ronald Ripley: Motion to approve to by Dot Wood. Is there a second? Eugene Crabtree: Second. Ronald Ripley: Seconded by Gene Crabtree: Yes, Bob? Robert Miller: Yeah. I think from Mrs. Graham, I do certainly sympathize with knowing the history of a piece of land and the dear relationship, the sincere relationship that you have with that church, which is very, very obvious, you're not reading from you notes but from your heart. You can just tell that. And, I think from the church's point of view you have leadership and changing situations. And, I know because I'm in a church that has some land, and we have very difficult decisions to make. Many times the churches in order to move forward, in order to replace and repair or add a kitchen, as you mentioned or other things, needs to do things to change its economic profile and I think that's a very difficult decision. I'm sure it's been a very hard decision for the church to make and has not been one made without some of the same conversations that I just heard. But, I think that all parties concerned need to remember the purpose of that church and remember that ultimately it will work itself out. The even disposition will not stop that church. Ronald Ripley: Ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion passes. · ~41A'J~E ' CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: City of Virginia Beach - Street Closure MEETING DATE: December 3, 2002 Background: Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Recreation Drive located on the west side of Dam Neck Road, beginning at a point 933 feet more or less south of Princess Anne Road. Said parcel contains 2.5455 acres. The purpose of this request is to close a portion of Recreation Drive and incorporate the area into a site that is being planned for a hospital / medical complex. Considerations: The portion of Recreation Drive requested for closure runs west from Dam Neck Road to the eastern end of its intersection with Concert Drive. This portion of Recreation Drive is currently a paved street that provides access to parking lots for Princess Anne Park playground, ball fields and equestrian area. In order to allow full development of the site for a hospital / health campus as proposed, Recreation Drive, which currently connects Dam Neck Road and Concert Drive, will have to be abandoned and its current function replaced. The proposal is to leave Recreation Drive in place until Phase II of the development, which will not occur until three to four years from the closing on the sale of the property. Prior to Phase II, the role that Recreation Drive serves as a connection to Dam Neck Road will be replaced by the extension of Concert Drive to Dam Neck Road through what is now an area leased to the Verizon Wireless Amphitheater for parking. The extension will meet Dam Neck Road at the point where Landstown Road currently meets Dam Neck Road. The City has been and will continue to work with the amphitheater to relocate that parking to another location that is satisfactory to the amphitheater. The extension of Concert Drive to Dam Neck Road is a component of the adopted plans for Princess Anne Commons. The extension is part of the "Ring Road" that encircles the Princess Anne Road and Dam Neck Road intersection, which is intended to provide traffic relief for that intersection. Attachments: Street Closure Ordinance Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission ~euC~llitmtienn~)~Pa~l~lael'nt/Age. ney: Planning Department City Menageries.~ l~-. ~ City of Virginia Beach Page 2 of 2 The Viewers Committee has determined that the closure of this right of way will not result in any public inconvenience. Staff recommends approval. There was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval. A 30 foot wide public utility easement and a variable width ingress/egress easement shall be provided as shown on the preliminary plat exhibited to City Council. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are Dominion Virginia Power facilities within the right-of-way proposed for closure. When private utilities exist, easements satisfactory to the utility company, shall be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF RECREATION DRIVE LOCATED ON THE WEST SIDE OF DAM NECK ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING STREET CLOSURE OF A PORTION OF RECREATION DRIVE RIGHT-OF-WAY, VIRGINIA BEACH, VIRGINIA" WHEREAS, on December 3, 2002, the City of Virginia Beach applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before December 2, 2003; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before December 2, 2003: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "RIGHT-OF-WAY TO BE CLOSED AREA = 10,821 SQ. FT. = 2.54411 ACRES" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING STREET CLOSURE OF A PORTION OF RECREATION DRIVE RIGHT-OF-WAY, VIRGINIA BEACH, VIRGINIA" Scale: 1"= 100', dated Sept. 9, 2002, prepared by Survey Bureau, Engineering Division, Department of Public Works, a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before December 2, 2003: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying tee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. GPIN: 1485-60-5941 and 1484-49-4376 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. A 30 foot wide public utility easement and a variable width ingress/egress easement shall be provided as shown on the preliminary plat exhibited to City Council. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before December 2, 2003, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before December 2, 2003, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this __ day of ,2002. CA-8609 Date November 18, 2002 C :\WlN~'qT\Temp\ca8609.ord.wpd APPROVED AS TO CONTENT: r I~ning Department APPROVED AS TO LEGAL SUFFICIENCY: Ci~' Attorney EXHIBIT A CITY OF VIRGINIA BEACH / # 4 November 13, 2002 General Information: APPLICATION G11-210-STC-2002 NUMBER: REQUEST: Street Closure ADDRESS: Portion of Recreation Drive, on the west side of Dam Neck Road, 933 feet south of Princess Anne Road ELECTION DISTRICT: Map G-Ii ;N ,,' /,'i- ,,-~ % ~.~ ti ~.~ , ,:.., :..~* ........... / / R-SD P~ 7-PRINCESSANNE S:reet Clo*ure · Beach R-SD 'x ,.v--,. SITE SIZE: 2.5 acres PURPOSE: To close a portion of Recreation Drive and incorporate the area into a site that is being planned for a hospital / medical complex. STAFF PLANNER: Barbara Duke Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zoning The portion of Recreation Drive requested for closure runs west from Dam Neck Road to the eastern end of its intersection with Concert Drive. This portion of Recreation Drive is currently a paved street that provides access to parking lots for Princess Anne Park playground, ball fields and equestrian area. Planning Commission Agenda November 13, 2002 '-- CITY OF VIRGINIA BEACH / # 4 Page 1 Surroundin,q Land Use and Zoning North: South: Princess Anne Park ball fields and playground area / P-1 Preservation District · Princess Anne Park equestrian facility / P-1 Preservation District · Verizon Wireless Amphitheater / AG-1 Agricultural District East: · Dam Neck Road West: · Concert Drive Zoninq History Princess Anne Park was established as a public recreational area in 1969. The Amphitheater and Soccer Complex are other outdoor recreational facilities that have been granted use permits in the area. Public Facilities and Services Water and Sewer Water: Sewer: There is a 12 inch water line at the intersection of Recreation Drive and Dam Neck Road; however, it does not appear to be in the area proposed for closure. There is no City sewer line in the area proposed for closure. Public Works The portion of right of way to be closed is currently paved and does have storm drainage structures. The disposition of the pavement and drainage structures will be reviewed by Public Works during detailed review of the overall drainage plan for the proposed hospital / medical complex development. Public Safety Police: Fire and Rescue: No Comments No Comments Private Utilities Preliminary comments from the private utility companies indicate that Dominion Virginia Power does have facilities within the right of way proposed for closure. There are no Hampton Roads Sanitation District or Virginia Natural Gas facilities within the right of way proposed for closure. Planning Commission Agenda .over. r CITY OF VIRGINIA BEACH / # 4 Page2 Comprehensive Plan The Comprehensive Plan identifies this area as part of the Transition Area known as Princess Anne Commons. The request for a street closure is prompted by the proposed development of the adjacent site as a hospital/medical complex in keeping with the vision and guidelines for Princess Anne Commons. In order to allow full development of the site for a hospital / health campus as proposed, Recreation Drive, which currently connects Dam Neck Road and Concert Drive, will have to be abandoned and its current function replaced. The proposal is to leave Recreation Drive in place until Phase II of the development, which will not occur until three to four years from the closing on the sale of the property. Prior to Phase II, the function that Recreation Drive serves as a connection to Dam Neck Road will be replaced by the extension of Concert Drive to Dam Neck Road through what is now an area leased to the Verizon Wireless Amphitheater for parking. The extension will meet Dam Neck Road at the point where Landstown Road currently meets Dam Neck Road. The City has been and will continue to work with the amphitheater to relocate that parking to another location that is satisfactory to the amphitheater. The extension of Concert Drive to Dam Neck Road is a component of the adopted plans for Princess Anne Commons. The extension is part of the "Ring Road" that encircles the Princess Anne Road and Dam Neck Road intersection, which is intended to provide traffic relief for that intersection. Evaluation of Request The Viewers Committee has determined that the closure of this right of way will not result in any public inconvenience. Access to the park facilities will be maintained by establishing an ingress/egress easement at the eastern end of the right of way, adjacent to Dam Neck Road. The street closure will enable the development of the property as a hospital and medical complex in accordance with the adopted plans for this area and is recommended for approval. Conditions The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approved for recordation prior to final street closure approval. A 30 foot wide public utility easement and a variable width ingress/egress easement shall be provided as shown on the preliminary plat exhibited to City Council. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are Dominion Virginia Power facilities within the right-of-way proposed for closure. When private utilities exist, easements satisfactory to the utility company, shall be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 4 Page 3 year of the City Council vote to close the right-of-way this approval shall be considered null and void. INOTE: Further conditions may be required during the administration of applicable City Ordinances. Planning Commission Agenda ~,'-? 5' .,' : ' November 13, 2002 CITY OF VIRGINIA BEACH / # 4 Page 4 0 Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 4 Page 5 Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 4 Page 6 APPLICATION STREET CLOSURE CITY OF VIRGINIA BEACH PAGE 4 OF 4 Applicant's Name: DISCLOSURE STATEMENT City of Virginia Be~ch List Ail Current Property. Owners: City of Virginia Beach PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list ali officers of the Corporation below: (Attach list if necessary) N/A T~e. proOex'~¥ cxcner ±s a nurSe±pal cx~rporatAon o£ the Ccamon~_ ~t.h of Virginia If the property owner is a PARTNERSHIP, FIRM. or other UNINCORPORATED ORGANIZATION. list all members or partners in the organization below: (Attach list ifnecessao,) Check here if the property owner is NOT a corporation, partnership, firm. or other unincorporated organization. The prope~y c~n~r is a ~ur~cip~ corporation If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the applicant is a PARTNERSHIP. FIR3,1, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ~ Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Print Name Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 4 Page 7 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: City of Virginia Beach - Conditional Rezoning and Conditional Use Permit MEETING DATE: December 3, 2002 Background: An Ordinance upon Application of the City of Virginia Beach for a Change of Zoning District Classification from P-1 Preservation District and R-5D Residential Duplex District to Conditional 0-2 Office District on the west side of Dam Neck Road, south of Princess Anne Road (GPIN 1485502885; portion of 1485605941; portion of 1484494376; and a section of Recreation Drive to be closed). The proposed zoning classification change to 0-2 is for office and office compatible land use. The Comprehensive Plan recommends this parcel for uses consistent with the policies of the Comprehensive Plan for the Transition Area and the Princess Anne Corridor Plan. Said parcels contain 71.74 acres. DISTRICT 7 - PRINCESS ANNE. An Ordinance upon Application of the City of Virginia Beach for a Conditional Use Permit for a hospital/medical complex and an athletic club on the west side of Dam Neck Road, south of Princess Anne Road (portion of GPIN 1485605941; portion of GPIN 1484494376; portion of section of Recreation Drive to be closed). Said parcels contain 45 acres more or less. DISTRICT 7 - PRINCESS ANNE The purpose of the requests is to develop the parcels for a comprehensive medical complex to include a Family Wellness and Fitness Center, medical offices, a day surgery building, an advanced imaging center, and a hospital. The complex will be developed over a six to eight year period in three separate phases. Considerations: The property is currently being used for recreational purposes associated with Princess Anne Park. The majority of the site is zoned P-1 Preservation. The portion of the site located to the west of Concert Drive is zoned R-5D Residential Duplex. The applicant proposes to develop an innovative, technologically advanced "health campus" intended to complement the City's vision for the Princess Anne Commons. The campus will feature family focused wellness and recreational facilities, health and wellness education, Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Pla__nning Department~¢]/ City of Virginia Beach Page 2 of 4 family practice and specialty care physicians, sports medicine, multiple ambulatory centers, on-site emergency services, a heliport for air ambulance services, and a proposed new 120 bed hospital. The portion of the site west of Concert Drive, currently zoned R-5D Residential, will be developed separate from the health campus with office uses complementary to the health campus and that meet the future needs of the City and the surrounding community. The submitted proposal represents a culmination of the recommendations of the 1997 and the 2000 plans for Princess Anne Commons, adopted as a part of the Comprehensive Plan. On January 15, 2002, in an attempt to implement the vision set forth in the plans, City Council gave staff approval to proceed with a Request for Proposal (RFP) process to sell approximately 70 acres of the land adjacent to the wooded area of Princess Anne Park to finance the costs of relocating the existing ball fields now on that land. The staff mailed information directly to local firms and developers as well as national firms and developers. The RFP was advertised nationally for March, 2002 editions of Urban Land (Urban Land Institute) and Area Development magazines and the Wall Street Journal Business Section. The RFP sought development proposals consistent with the vision described in the Comprehensive Plan for the site and the Princess Anne Commons. An evaluation criteria ranking system was developed to compare and rate the responses received. On May 28, 2002, one response to the RFP was received from Sentara Healthcare. The proposed hospital / medical complex proposed by Sentara will be completed over an eight to ten year period with a total investment of over $130 million and employing approximately 1,600 employees. The fiscal and economic impacts to the City will be substantial, with the net fiscal impact to the City's tax revenues projected to be nearly $9.4 million over the first 20 years (exclusive of the sale of the land). Sentara will pay the City $11,255,000 for the property. The proceeds from the sale of the property will be used exclusively for the relocation and construction of tournament grade softball fields to the south within Princess Anne Commons. The submitted conceptual plans are consistent with the vision expressed by the Comprehensive Plan for this site. The proffers submitted as part of the Conditional Zoning Agreement, the conditions recommended below, and the provisions of the Development Agreement between the City and Sentara Healthcare will serve to ensure that this proposal implements the vision of the Plan. Staff recommends approval of the requests. Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Consistent with the proffers of the Conditional Zoning Agreement providing for the Conditional Change of Zoning from P-1 Preservation to Conditional 0-2 Office on the portion of the site subject to this Conditional Use Permit, the following conditions, numbered 2 to 11, shall apply to the development of the site. The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. City of Virginia Beach Page 3 of 4 The site shall be developed in phases which may occur over a period of several years, substantially in compliance with the site plan entitled "Princess Anne Commons Health Campus Site Plan Concept Sketch" dated August 15, 2002, and prepared by CMSS Architects (the "Site Plan"), which includes as a prominent feature a campus environment containing a central landscaped common area with adjacent buildings and required parking substantially as depicted on the Site Plan. The building locations, sizes and configurations may change, provided that the overall campus environment and central landscaped common area remain. The Property shall contain an at-grade pedestrian walkway system connecting Princess Anne Road, Concert Drive and Princess Anne Park to the campus, in addition to other pedestrian routes within the campus. Such pedestrian walkway features shall be developed in phases as each building is constructed. The architectural design of the principal buildings located on the site shall be substantially compatible with the architectural style and materials reflected in the renderings set forth in the exhibit entitled "Princess Anne Commons Health Campus Concept Renderings" dated August 15, 2002, and prepared by CMSS Architects, which renderings substantially comply with the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and/or landscaping, and any mechanical equipment located on the top of any structures on the Property shall be enclosed on four sides or screened with appropriately sized parapet walls. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre-cast, or other materials that are compatible with the building materials utilized on the primary structures on the site. The site shall be developed with a common landscape plan, which may be introduced in phases as portions of the site are developed, providing for continuity throughout the site with respect to compatible tree planting, shrubs, and other landscape features. The permitted accessory uses that may be developed in conjunction with the hospital facility and overall healthcare campus shall include, but not be limited to: allied health facilities, medical laboratories, a helipad/helistop, cafeteria facilities and nursing and other health-related vocational/educational facilities. 10. The restricted access from the site to Princess Anne Road shall be limited to emergency vehicles only and shall have a gated entrance to prevent any access by vehicles other than emergency vehicles. 11. In addition to any rights afforded by Section 15.2-2307 of the Code of Virginia, 1950, as amended and consistent with Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach authorizing the City Council to specifically provide activation time periods and procedures uniquely applicable to a Conditional Use Permit in lieu of those otherwise provided in Section 221(g); and given the unique circumstances surrounding the delayed possession of the property upon which this development is proposed, the phasing of its development and the inter-relation of the combined uses shown on the Site Plan, the following shall apply to this Conditional Use Permit: The commencement of the development of any portion of the Conditional Use Permit site for any of the uses contemplated by the "Response" submitted by Sentara Healthcare ("Sentara") to the Request for Proposal for Development in City of Virginia Beach Page 4 of 4 Princess Anne Commons, dated May 28, 2002, issued by the City of Virginia Beach (the "City") (including the development of a medical office building, athletic club/recreational facility or any other use contemplated by the "Response" and/or shown on the Site Plan) prior to the "Outside Development Commencement Date" defined below shall have the effect of fully activating this Conditional Use Permit for all uses permitted hereunder and shall satisfy the requirements of Section 221 (g) of the City Zoning Ordinance of the City of Virginia Beach. For purposes of this Conditional Use Permit, the "Outside Development Commencement Date" shall be the date which is the later of (a) twenty-four (24) months after delivery of possession of the property by the City to Sentara, or (b) forty-eight (48) months after the date Sentara acquires title to the Property from the City. CITY OF VIRGINIA BEACH / # 2 & 3 November 13, 2002 General Information: APPLICATION G11-210-CUP-2002 NUMBERS: G11-210-C RZ-2002 Beach REQUEST: (2) Gpin = See Apl~lication Change of Zonin,q District Classification from P-1 Preservation District and R-5D Residential Duplex District to Conditional 0-2 Office District. LOCATION: West side of Dam Neck Road, south of Princess Anne Road (GPIN 1485502885; portion of 1485605941; portion of 1484494376; and a section of Recreation Drive to be closed). Site size is approximately 71.74 acres. REQUEST: (3) Conditional Use Permit for a hospital / medical complex and an athletic club LOCATION: ELECTION DISTRICT: STAFF PLANNER: West side of Dam Neck Road, south of Princess Anne Road (portion of GPIN 1485605941; portion of GPIN 1484494376; portion of section of Recreation Drive to be closed. Site size is approximately 45 acres. 7-PRINCESSANNE Stephen J. White Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 1 PURPOSE: To develop the parcels for a comprehensive medical complex to include a Family Wellness and Fitness Center, medical offices, a day surgery building, an advanced imaging center, and a hospital. The complex will be developed over a six to eight year period in three separate phases. Major Issues: · Degree to which the proposal is consistent with the policies of the Comprehensive Plan, including the Princess Anne Corridor Plan. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zonin,q The property is currently being used for recreational purposes associated with Princess Anne Park. The majority of the site is zoned P-1 Preservation. The portion of the site located to the west of Concert Drive is zoned R-5D Residential Duplex. Surrounding Land Use and Zoning NoAh: South: East: West: · Princess Anne Road · Across Princess Anne Road, vacant land and the Virginia Beach Higher Education Center/R-5D Residential Duplex District · Parking lot associated with Verizon Wireless Amphitheater / AG-1 Agriculture · Wooded, undeveloped land/R-5D Residential Duplex District · Wooded area of Princess Anne Park / P-1 Preservation · Landstown High School and Landstown Middle School/P-1 Preservation and R-5D Residential Duplex District Zoninq and Land Use Statistics With Existing Zoning: East of Concert Drive, the P-1 zoning permits use of the site for primarily open space and recreational purposes. West of Concert Drive, the R-5D Residential zoning allows the site to be developed with up to 96 single- family, semi-detached, or duplex dwellings, or with any other use permitted in the R-5D District. Planning Commission Agenda ~~'~ November13,2002¥'~y CITY OF VIRGINIA BEACH / # 2 & 3 ....... Page 2 With Proposed Zoning: The main portion of the site, bounded by Princess Anne Road on the north, Concert Drive on the west, and the wooded portion of Princess Anne Park on the east would be utilized for medical complex and athletic club consistent with the proffers and the conditional use permit. A portion of the southern strip of the parcel adjacent to the Verizon Wireless Amphitheater site and the portion of the site west of Concert Drive would be used for office uses consistent with the proffers of the submitted Conditional Zoning Agreement. Zoning History The use of this site for public recreational use began in 1969. Around this site, there have been several rezoning actions over the last 20 years. The site to the south, was denied a rezoning from Agricultural to R-8 Residential in 1984. However, in 1991, this site was rezoned to 0-2 Office as part of the proposed Lake Ridge development. In 1995, after the City purchased the property, the site was zoned back to Agriculture and granted a conditional use permit for an amphitheater. Also in 1995, a conditional use permit for a soccer complex was granted on City-owned property to the southwest. To the east and north, on the opposite side of Princess Anne Road, several business- related zonings were attempted. In 1982, a site adjacent to the Farmer's Market (Buyrningwood Farms business) was rezoned from Industrial to Business. Between 1985 and 1987, there were several attempts to change the zoning on the eastern corner of Princess Anne Road and Dam Neck Road from Agriculture to Business. Each of those requests was withdrawn. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The site is generally level and consists of a variety of groundcover, but primarily grasses associated with the various athletic fields on the site. A dense wooded area, to remain intact, borders the eastern edge of the site at the corner of Princess Anne Road and Dam Neck Road. There are no other significant natural resource features on the site. Aerial photographs from prior to 1980 show that a portion of the site adjacent to Princess Anne Road was being used for softball or baseball fields and the remainder of the site was being used for agricultural cultivation. Soils on the site are primarily Acredale with some Tomotley, both of which are suitable for the development as proposed. There is a jet fuel line that runs through the southern corner of the site adjacent to Dam Neck Road. The line transports jet fuel from a terminal on the North Landing River to N.A.S. Oceana. The most recent assessment of the line shows that the line is in good condition with no leakage. The proposed development should not have any impact on this line. There are a variety of electrical lines and transformers on the site related to lighting and other needs of the athletic fields. These lines and transformers will be removed prior to the commencement of development consistent with applicable City, state, and federal regulations. Public Facilities and Services Water and Sewer Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 3 Water: Sewer: There is a 12 inch water line in Dam Neck Road at the southeast corner of the property. There is a 24 inch water line on the opposite side of Princess Anne Road at the north corner of the property. The development must connect to the City water system. There is a three inch and an eight inch sanitary sewer force main in Concert Drive at the northwest corner of the site. There is a sanitary sewer manhole at the entrance of Concert Drive at its intersection with Princess Anne Road. The development must connect to the City sewer system, Pump station upgrades may be required to accommodate the development. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Princess Anne Road in the vicinity of this proposal is an eight-lane divided major arterial. It is designated on the MTP as a 150 foot wide divided roadway with controlled access. Dam Neck Road tn the vicinity of this proposal is a four-lane divided major arterial. It is designated on the MTP as a 120 foot wide divded roadway. There are currently three roadway projects listed in the CIP for this area (see the following pages for details on each project): a) Elbow Road Extended, Phase II (2-152)- will extend Dam Neck Road to Indian River Road as a four-lane facility. The date for construction has not been established. b) Elbow Road Extended, Phase IIA (2-065) - will extend Dam Neck Road to the current terminus of Elbow Road at New Castle Elementary School as a two-lane facility. Construction is programmed in 2004. c) Princess Anne Road, Phase IV (2-305) - will widen this roadway from Dam Neck Road to Nimmo Parkway to the south. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 65,70O ADT- Princess Anne Road 50,150 ADT 1 (LOS C) Existing Land Use 2_ 95 ADT Dam Neck Road 33,000 32,500 ADT 1 ADT 1 Proposed Land Use 3_ 13,642 Concert Drive 2,600 6,200 ADT ADT 1 ADT ~ Average Daily Trips 2as defined by existing uses 3 as defined by medical complex and office uses A Traffic Impact Analysis for this development has been conducted. The study finds that the existing and the programmed improvements are sufficient to handle the traffic anticipated to be generated from the development. Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 4 Schools The rezoning will result in the loss of a potential 96 dwellings on the portion of the property zoned R-5D Residential should the City ever decide to sell the land for that purpose. Thus, potential future student generation from this property will be reduced. An important affect of the proposed development is the relationship of the medical complex to the educational emphasis of this portion of Princess Anne Corridor as an "Academic Village." The medical complex will be able to function as a job-training facility for students from Landstown High School, the Advanced Technology Center, Tidewater Community College, Norfolk State University, and Old Dominion University. Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 5 Project # an~ Title: 2-065 Elbow Road Exlended - Pha~ tkA Respone~le De~.: Und~ined ~ Busines~ Area: Q.ual~ Ph~ical Environment Total Total Buret Unap~opriated Sub~eq~nt Ye~ Furze Proo~mmed Appropriations Y~r 1 Year 2 Year 3 Year 4 Year 5 Y~r 6 F~ding Fund~ To Date FY 2002-03 ~ 2003~ FY 2004~5 ~ 200~6 FY 200~07 FY 2007~8 Requirement 2,500,000 395,000 1,105,000 1,000,000 0 0 0 0 0 This prqect ~11 provide a n~ ~lane rind ~ the N~stle Elomenta~ .School sic ~ Dam No~ Road ~ ~e ~ph~ho~r, a distan~ of a~m~ma~ly 3, Q00 feet. This prqect v~ll p~ide for an alt~n~i~ mu~ ~r ~ffic using Princes Anne R~d, L~nha~n Pa~y, Independen~ Boul~ard and No~ ~nding Road, while s~ing Ne~as~e Elemen~ S~I, the Amph~he~r a~ other Lake Ridge This is a n~ pmj~t in the ~ 02~3 ClP. Alignment and ~ronme~al issues must ~ ~o~in~ ~th the VDOT EIb~ R~d ~ed (CIP 2-152) pmj~t, and the ~q~t s~ule m~ be a~d ~ ~is. Basis ~r Estim~e FY 2~2-03 FY 2~04 FY 2004-0~ ~ 2~06 FY 200~7 FY 2007-~ Maint~an~ ~sed on ~st p~ lane mile as o 0 o o 1~,537 15,~ m~ed to VDOT. ~-, A~i~ From Te Amour ~~Pri~ U"I~ ~ju~men= 0154~4 1~,000 S~et Ligh~ 0655-1~5 1~,000 ~~ ~' ~~ x~ ~ ~ _ Lands~ping 10~5-1~05 100,000 T~I ~a~P~mm~ C~ 0 · .. ~ .. 1~ ChaRer~nds 60,230 ~ i ~ 2001Cha.er ~nds 17~:000 2002 Cha~er ~nds 1 105~000 2003 Cha~er ~nds 1' 000 000 Fu~m Funding Requi~me~ ""'. '5, Fiscal Year .2002-03 4- 4g Qua#fy Physical Environment Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH ! # 2 & 3 Page 6 Project # and Title: 2.152 Elbow Road Extended - Phase il [VDOT) (Partial) Responsible Dept.: Public Works I Business Area: Quality Physical Environment Total Total Budget Unappropriated Subsequent Year~ Future Programmed Appropriations Year 1 Year 2 Year 3 Year 4 Year $ Year $ Funding Funds To Date FY 2002-03 FY 2003-04 FY 2004-0; FY 2005-06 FY 2006-07 FY 2007'-O~1 Recjuirement 614.677 384,561 80.000 61,g6~{ 68,152 0 0 0 0 VDOT # U000-134-146. This prqect is for construction of Elbow Road fr~rn Indian River Road to Darn Neck Rmd (at the Arnphi~heate~. The typical section will include a four-lane divided highway, with a bikeway, and a 15-fcot landscaped buffer on each side fora length of approximately three miles. This project will also include replacement of the existing sub-standard Elbow Road Bridge. Scrne VDOT projects may be subject [o change pending adop~on of the FY 2002-03 Virginia Transportation Development Plan which is antidpated to occur in June, 2002. This project viii provide for an alternative route for traffic using Princess Anne Road, Lynnhaven Parkway, and North Landing Road. Traffic volumes are curmn~Jy approximate¥ 4,500 vehicles per day and are anticipated to reach 30,000 vehicles per day by the yea r 2016. Without this project, traffic will overcrowd Lynnhaven Parkway and Princess Anne Road. This I:roject will also save the Amphitheater and other Lake Ridge venues. This project is included in the Regional Transportation Plan and in the City's Master Transportation Plan. This project was identified in the 1 g~6, needs analysis as a "backlog" project, and re-appeared in the FY lg~l-g2 CIP. This project was acc~ted es a VDOT project in the FY 1BBS-g6 CIP. In the FY 1gg7-~8 CIP, lhis project was reduced in scope, with the City cons lructi nga mo-lane portion of the ullJmate fa Jr-lane segma'-rt, project #2-006 Elbow Road Extend ed- Phase I. to meetthe projected opening date of Newcastle Elementary School. Schedules and costs are updated annually' based on lhe Virginia Transportalion Development Plan (VTDP) and progress to date, Activities beyond Site Acquisilion are currently not scheduled orfunded in the FY 2002-{3.3 VTDP. Basis for Estimate FY 2002-03 FY 2005.04 FY 2004.05 FY 2006-06 FY 200~-07 FY 2007-0B Impact estimated to begin in FY20OS-0g. 0 0 0 0 0 0 Total Budgetary Cost Estimate Total Non-Programmed C~sts a,?g?,000 i Funding Source Amou~ ..... 1~396 Charter Bonds 7'6,000 ~ -.. . . ...... .. 2001 Charter Bonds 100,000 :' .. .:~ ..' 2002 Charter Bonds 80,000 · :" 2004 Charter Bonds 68,1~;2 · ," ""~J' ",.%L, ,= Future Funding Requiremerf~s 0 Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 7 Project # and T~tle: 2-30S Princess Anne Road- Phase IV (Ferrell - Phase Il) Responsible Dept.: Pubti¢ Works I Business Area: Quality Physical £nvimnrnent Total Total Budget Unappropriated Subsequent Years Future Programmed Appropriations Yeer I Year 2 Year 3 Year 4 Year S Year ~ Funding Funds To Date FY 2002-03 FY 20034)4 FY 2004-05 FY 200S.06 FY 2006.07 FY 2007-08 Rsquirsment 16,100,4-34 3,280,434 2,4s0,000 il 8.=ss.0oe ooo o VDOT # 0155-134-V05. Phase IV of this VDOT project is for construction of a four-lane parkway frown Dam Neck Road to Nimmo Parkway - Phase V (intersection of Holland Road and Nimmo Parkway) a distance of approximately 2.6 miles. A 250 foot right-of-way will be acquired to pro,de for ultimate expansion to eight lanes in the future. A~sthetic lreatments of landscaping, streetlighting, and signage will create a typical section that establishes a unique and identifiable roadway. Landscaping costs were increased to include aesthetic treatments associated with the Princess Anne Corridor Study. This project also incorporabas funding for other road improvemenls that will reduce the number of access points. Some VDOT projects may be subject to change pending adoption of the FY 2002-03 Virginia Transporlation Development Plan which is anticipated to cooJr in June. 2002. This project is included in the Regional Transportation Plan and the City Master Transporta~on Plan. This project will connect completed roadway projects #2-1520 Princess Anne Road - Phase 111,#2-037 Landstmvn Road, and ar2-03g Dam Neck Road - Phase I vdth the blunicipal Center. Without this project, the lraflic ~ngestton on Princess Anne Road will c~tinue. Traffic volume on this road in 1994, was 15.049, and projected to be 55,000 vehicles par day by the year 2020. In conjunction with Nimmo Parkway. this project will provide an alternate a:c~ass around the Municipal Center and will alleviate [raf~c congestion on Princa~s Anne Road, North Landing Road and Holland Road. It will also proxdde greater access 1o the Princms Anne Community Recreation Center and to the future sites of the General Bcoth Fire Station and Libra~. V~thoutthis project, tra~¢ on Pdnc~r-~s Anne Road. Norlh Landing Road and atthe Mundpa Center w be hea~4ly congested. Th is prqect first appea red in the FY 1990-91 CI P. Va dous adjustmenls have been made in the s ubseguent years and am ' reflected in the currant project. This project also includes improvemenl~ related to the Princess Anne Corridor Study. Schedules and costs are updated annually based on the Virginia Transportation Development Plan and progress to data, Basis for Estimate FY2002-03 FY2003-04 FY2004-eS FY2006.06 FY 2006-07' FY Maintenance based on cost par lane mile as 0 o 0 0 0 b'7.932 reported to VDOT. X*'J"/ ~ ~ ~ - Activit~ From- To Amount Design 12/~6-10~04 2,300,000 Site Acquisition 01/03-01/05 6,1~00,000 ~ Privaba U~lity Adjustmenls 10~04-04~0~ 2,560,000 Construc~on 04/05-04/07 17,557,000 ~ ~ ~~~.~ '~ Slmet Ligh~ 04/07-10~07 g50,000 10/07-12r07 3.100,000 Landscaping Contingencies 12J96-12/074460229 · ~~ ~ ~ j,-~_~. ~ ~, Total E~uOgetary Cost Estimate Total Non-Programmed Costs 18,485,024 Total Programmed Costs 19.100.434 Ftmdina Sourc~ Amount lgt)4 Charter Bonds g0,000 lg96 Charter Bonds 76, 579 lggg Charter Bonds 183,393 2000 Charter Bonds 1,372 656 2001 Charter Bonds 120,000 2002 Charter Bonds 2,450,000 2003 Charter Bonds 1,570,000 2004 Charter Bonds 1,227,891 2005 Charter Bonds 6,749,226 · CaV~=ll~--~ /~,'--~ ''~ 2006 Charter Bonds 1,545,000 Fund Balance- General Fund 725,000 ~, ~ Pay-As-You-Go 2,396,248, Sale of Property 992,4.39 'Total Programmed Financing lg,100,434 Future Funding Requirements 0 Fiscal 'Year 2002-03 4 - 72 Quality Phy~icat Environment Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 8 Public Safety Police: Fire and Rescue: The Police Department encourages the applicant to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The Fire Department has no concerns with this development proposal. Issues related to the building meeting Fire Code requirements will be addressed through the building permitting process. Comprehensive Plan The site is located in the Princess Anne Corridor portion of the Transition Area. The "Princess Anne Corridor Concept Plan - Lake Ridge, April 1997" and "The Princess Anne Corridor Study, July 2000," both adopted as part of the Comprehensive Plan, recommend that the land now occupied by Princess Anne Park be utilized for economic development opportunities, with the relocation of the existing park facilities to land south of the amphitheater site. The 1997 plan recommends a comprehensive recreation and office-based land use for the existing park site and includes an artist rendering of a proposed business park at this location (right). FROM THE 1997 Planning Commission Agenda ~.~,~,~a..:~ 'i[~ November 13, 2002 ~.~~ CITY OF VIRGINIA BEACH / # 2 & 3 Page 9 Summary of Proposal Proposal · The applicant proposes to develop an innovative, technologically advanced "health campus" intended to complement the City's vision for the Princess Anne Commons. The campus will feature family focused wellness and recreational facilities, health and wellness education, family practice and specialty care physicians, sports medicine, multiple ambulatory centers, on-site emergency services, a heliport for air ambulance services, and a proposed new 120 bed hospital. · When completed, the campus will represent an investment of over $130 million in site development and construction and will employ approximately 1,650 individuals. The portion of the site west of Concert Drive, currently zoned R-5D Residential, will be developed separate from the health campus to be developed with office uses complementary to the health campus and that meet the future needs of the City and the surrounding community. The site will be developed in four phases over a six to eight year period. This staged development will assure continued and uninterrupted use of existing Princess Anne Park ballfields while new ballfields are constructed south of the amphitheater. Construction of the health campus is planned to begin two years from the date of closing on the land and will be phased as follows. PHASE I - includes a 32,000 square foot Family Wellness and Fitness Center (Building "B") that will be developed in collaboration with the YMCA of South Hampton Roads and a 50,000 square foot medical office building (Building "A") of which .., significant space will .:.-... be dedicated to the HASE provision of primary P care and specialty pediatric physician services through a :~_.~...~ collaborative relationship with the Children's Hospital of The King's Daughters. An 8,000 square foot medical ,1..,:.. i' office building (Building "C") for "complementary '~. :'~'~,:- "'. ':.. :!!~.. ".j,~ :!.? ' · ~i.~-. ' · - .' , .:~ ~. health services" will also be included in this phase. The building will potentially house limited medical health retail or additional patient care services. PHASE II - This phase will begin three to four years from the date of closing on the land. By the time this phase commences, the relocation of the ballfields currently on the site will have been completed for some time. The phase will include: a 20,000 square foot medical office building (Building "D") and "advanced imaging center," which will provide advanced diagnostic services such as MRI, CRT, ultrasound, and Planning Commission Agenda November 13, 2002 ~'~ CITY OF VIRGINIA BEACH / # 2 & 3 Page10 radiology services. a 20,000 square foot day surgery center (Building "E"), which will accommodate outpatient surgical and diagnostic procedures. a 20,000 square foot emergency and outpatient services center (Partial Building "F"), which will be the first component of hospital services to be provided at this site. A heliport for the Nightingale Air Ambulance will be constructed during this phase. a 45,000 square foot medical office building (Building "H"), accommodating physician and surgical specialties, as well as educational and research functions and community health education. PHASE III - This phase will begin four to five years from the date of closing on the land, and will feature the construction of a full-service 250,000 square foot hospital (Building "F"), including a Heart Pavilion, Women's Pavilion with obstetrics, gynecology, and child services, Neurosciences Center, Cancer Institute, Sports Medicine Center, and surgical and medical services. This phase also includes the construction of an additional 40,000 square foot medical office building (Building "G"). PHASE IV - This phase will occur within six to eight years from closing and will include the addition of another 30 inpatient beds along with additional medical and surgical services as needed. Additional parking, located south of Phase Ill, is also included. The phasing will occur within a schedule agreed upon as part of the sale of this property to Sentara, the terms of which were approved by the City Council on June 25, 2002. According to the June 25 Summary of Terms, title to the property will transfer to Sentara at closing on the sale. However, Sentara will not take possession of the property for up to 24 months following the closing to allow the City to continue to use the existing ballfields and other amenities on the property while new facilities are being constructed to the south. More information regarding the sale of this property to Sentara is available on the Internet at ~Ltp:/.,'www. vbgov.com/d e pt/p arks/pa?ar~ Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 11 3 Site Desiqn · As noted above, the development will occur in four phases. When completed, the overall design of the site will focus on two axes that will orient north-south and west-east. The north-south axis consists of a pedestrian walkway that runs from an 'entry plaza' at the corner of Princess Anne Road and Concert Drive through a parking lot and then along a street that cuts through the central campus mall to additional parking lots. The west-east axis begins at the Family Fitness Center (YMCA) on the west and then runs toward the east along a green, open space mall flanked by the main campus buildings and finally terminating at the hospital, adjacent to the wooded area of the current park (which is not part of this project and will remain as a City park). A pedestrian connection is proposed between this terminus of the mall and the wooded area of the park. Generally, the site design focuses on the west to east open space mall, which is surrounded by the buildings that make up the health campus. Parking areas for the various uses contained in these buildings will be located 'behind' the buildings on the north and south sides of the site. A series of stormwater management facilities will be constructed along the west and south sides of the main campus property, generally running parallel to Concert Drive and the southern property line. Besides providing the stormwater management function, these stormwater ponds will also enhance the visual amenity of the development. The remainder of the site, outside the hospital/health campus, will maintain the site design character and features that are integral to the health campus and will be consistent with the "Design Guidelines for Princess Anne Commons," as provided for in Proffer Four. Vehicular and Pedestrian Access · The main vehicular entrance to the development is from Concert Drive, west of both the main entrance and he bus entrance to Landstown High School, which is located on the opposite side of Concert Drive. This main entrance will provide full turning CITY OF VIRGINIA BEACH / if 2 & 3 Page 12 movements into and out of the site. A second vehicular access on Concert Drive is located opposite the main entrance to Landstown High School; however, this access provides only a right turn into the site and a right turn out of the site. This restriction of the turning movement is designed to ensure that there is no interference of this access with the main entrance to Landstown High School. During Phase Ill, a third vehicular access will be constructed on Concert Drive at its southern end. This access will be constructed to improve overall movement through the property when the hospital is constructed. On the eastern side of the development, there is one primary access to the site. This access is at the same location as the existing point where Recreation Drive intersects with Dam Neck Road. This entrance will allow access to the parking lot behind the hospital and to a drive aisle that runs adjacent to the existing wooded area of the park. Parking spaces on the east side of this drive aisle will allow parking for those using the wooded park area. There is also a controlled access provided from Princess Anne Road adjacent to the wooded area of the park. The purpose of this access is to provide a means for emergency vehicles (ambulances) to move from directly from Princess Anne Road to the emergency medical facilities to be located on the site. This controlled access will feed off of Princess Anne Road into a right turn lane that runs to a drive aisle that provides direct access to the emergency medical facilities. The access will be controlled by an electronically controlled gate system that can only be opened by an emergency vehicle. This is a standard method of control of such accesses at other medical facilities that desire to prevent vehicles from gaining direct access to the "emergency room" area via an unauthorized approach. In order to allow full development of the site as proposed, Recreation Drive, which currently connects Dam Neck Road and Concert Drive, will have to be abandoned and its current function replaced. The proposal is to leave Recreation Drive in place until Phase II. Prior to Phase II, the function that Recreation Drive serves as a connection to Dam Neck Road will be replaced by the extension of Concert Drive to Dam Neck Road through what is now an area leased to the Verizon Wireless Amphitheater for parking. The extension will meet Dam Neck Road at the point where Landstown Road currently meets Dam Neck Road. The City has been and will continue to work with the amphitheater to relocate that parking to another location that is satisfactory to the amphitheater. The extension of Concert Drive to Dam Neck Road is a component of the adopted plans for Princess Anne Commons (discussed above in the 'Comprehensive Plan' section of this report). The extension is part of the "Ring Road" that encircles the Princess Anne Road and Dam Neck Road intersection, which is intended to provide traffic relief for that intersection. The main pedestrian access to the site is at a 'plaza' at the corner of Princess Anne Road and Concert Drive. The pedestrian walkways at this plaza consist of brick pavers and will extend southward through the parking lot to the open space mall through the center of the site. Brick paver sidewalks along the roadways and walkways crossing the grassed, open space mall will connect the buildings to the parking lots and to the area around the health campus, including the wooded area on the eastern end of the existing park. The other areas of the site being rezoned to 0-2 Office outside the health campus will maintain this system of walkways. Planning Commission Agenda ~,~...]~} November 13, 2002 ,. CITY OF VIRGINIA BEACH / # 2 & 3 Page13 Architectural Design · According to the Concept Renderings submitted with the application, all of the buildings on the 'campus' will be done in a modern office style with neo-traditional design elements. Proffer 3 notes that the buildings on the property "shall be developed in substantial compliance with a unified , ~ architectural theme" and will be consistent with the Design Guidelines for Princess Anne Commons. Exterior materials to be used on the buildings, according to Proffer 4, will "consist of any combination of the following: brick, glass, metal, pre-cast concrete, of stone." Landscape and Open Space · As previously discussed, the buildings of the campus surround an open space 'mall' that runs along a east to west axis from Concert Drive to the existing wooded area of Princess Anne Park. A heavily landscaped pedestrian connection runs from the center of this mall to the north, terminating at a landscaped plaza at the corner of Princess Anne Road and Concert Drive. · The remainder of the site will be landscaped consistent with City ordinances and enhanced where necessary for visual affect and appeal. Proffers PROFFER # I Staff Evaluation: PROFFER # 2 The Grantee acknowledges that the development of the Property in a manner consistent with this Agreement will occur in phases over a period of several years, and that prior to and during such development, and subject to certain Agreements between Sentara and Grantee, the Grantee may continue to utilize portions of the Property for uses consistent with its current R-5D and P-1 zoning classifications and the historic uses that Grantee has maintained on the Property, and that such continued use shall not constitute a zoning violation or an enlargement or expansion of a lawful nonconforming use. This proffer is acceptable, ensuring that the property may continue in its current recreational uses while the hospital and medical campus develops in phases over several years. Subject to Proffer #1, the Property shall be developed in a comprehensive manner as a healthcare, office, Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page14 educational and recreational complex, which shall include as the prominent feature a unified healthcare campus, and shall be subject to the terms of that certain Development Agreement between Sentara and Grantee to be executed upon Sentara's acquisition of the Property, and as such Development Agreement may be subsequently amended. Staff Evaluation: This proffer is acceptable. The proffer specifies the use of the property for the health campus and ties the development to the Development Agreement currently being negotiated between the City and Sentara. A benefit to this proffer is that it reinforces the Development Agreement, both the current one and any amended ones, by making it a part of the recorded proffers of this zoning change. PROFFER # 3 Subject to Proffer #1, the buildings and other structures on the Property shall be developed in substantial compliance with a unified architectural theme. The exterior building materials utilized on the principal structures shall complement one another without requiring uniformity of materials or design, and shall substantially comply with the Design Guidelines for Princess Anne Commons, in effect as of the date of this Agreement, which guidelines are on file with the Planning Department of the City of Virginia Beach, Virginia. Staff Evaluation: This proffer is acceptable. The proffer requires that the campus have a unified design theme consistent with the Design Guidelines for Princess Anne Commons, which, in affect, will act as the design criteria for the campus. Use of the Guidelines will help assure that the campus is complementary to what has already been constructed in the "Academic Village" and with what will be constructed in Princess Anne Commons in the future. PROFFER # 4 Subject to Proffer #1, the primary exterior building materials utilized on the principal structures located on the Property shall consist of any combination of the following: brick, glass, metal, pre-cast concrete, or stone. Staff Evaluation: This proffer is acceptable, reinforcing Proffer 3 and ensuring that the exterior materials to be used are durable, quality, and consistent with what has already been constructed in the "Village." PROFFER # 5 Subject to Proffer #1, the following uses otherwise permitted or conditional in the 0-2 zoning district shall be prohibited on the Property: a) Cemeteries. b) Roadside stands for the sale of agricultural products. c) Television or radio transmission towers, provided that building mounted antennas, cellular telephone antennas and line-of-sight relay devices shall not be prohibited. d) Churches. e) Funeral homes. Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page15 Staff Evaluation: This proffer is acceptable, limiting the use to which the areas outside of the conditional use permit can be put. Consistent with the Development Agreement, it is the intent of the City and Sentara to utilize these areas of the property for office, research, and educational uses complementary to the medical campus. City Attorney's Office: The City Attorney's Office has reviewed the Conditional Zoning Agreement, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The requests for Conditional Change of Zoning from P-1 Preservation and R-5D Residential to 0-2 Office and Conditional Use Permits for a hospital/medical complex and an athletic club are acceptable subject to the recommended conditions below. The "Princess Anne Corridor Concept Plan - Lake Ridge, April 1997" and "The Princess Anne Corridor Study, July 2000," both adopted as part of the Comprehensive Plan, recommend that the land now occupied by Princess Anne Park be utilized for economic development opportunities and that the existing park facilities be relocated to land south of the amphitheater site. The 1997 plan recommends a comprehensive recreation and office-based land use for the existing park site and includes an artist rendering of a proposed business park at this location. The submitted proposal represents a culmination of the recommendations of the 1997 and the 2000 plans for Princess Anne Commons, adopted as a part of the Comprehensive Plan. On January 15, 2002, in an attempt to implement the vision set forth in the plans, City Council gave staff approval to proceed with a Request for Proposal (RFP) process to sell approximately 70 acres of the land adjacent to the wooded area of Princess Anne Park to finance the costs of relocating the existing ball fields now on that land. The staff mailed information directly to local firms and developers as well as national firms and developers. The RFP was advertised nationally for March, 2002 editions of Urban Land (Urban Land Institute) and Area Development magazines and the Wall Street Journal Business Section. The RFP sought development proposals consistent with the vision described in the Comprehensive Plan for the site and the Princess Anne Commons. An evaluation criteria ranking system was developed to compare and rate the responses received. On May 28, 2002, one response to the RFP was received from Sentara Healthcare. The proposed hospital/medical complex proposed by Sentara will be completed over an eight to ten year period with a total investment of over $130 million and employing approximately 1,600 employees. The fiscal and economic impacts to the City will be substantial, with the net fiscal impact to the City's tax revenues projected to be nearly $9.4 million over the first 20 years (exclusive of the sale of the land). Sentara will pay the City $11,255,000 for the property. The proceeds from the sale of the property will be used exclusively for the relocation and construction of tournament grade softball fields to the south within Princess Anne Commons. The submitted conceptual plans are consistent with the vision expressed by the Comprehensive Plan for this site. The proffers submitted as part of the Conditional Zoning Agreement, the conditions recommended below, and the provisions of the Development Agreement between the City and Sentara Healthcare will serve to ensure that this proposal implements the vision of the Plan. Staff, therefore, recommends Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 16 approval of the proposed Change of Zoning and the Conditional Use Permits, subject to the conditions below. Conditions Consistent with the proffers of the Conditional Zoning Agreement providing for the Conditional Change of Zoning from P-1 Preservation to Conditional 0-2 Office on the portion of the site subject to this Conditional Use Permit, the following conditions, numbered 2 to 11, shall apply to the development of the site. The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. The site shall be developed in phases which may occur over a period of several years, substantially in compliance with the site plan entitled "Princess Anne Commons Health Campus Site Plan Concept Sketch" dated August 15, 2002, and prepared by CMSS Architects (the "Site Plan"), which includes as a prominent feature a campus environment containing a central landscaped common area with adjacent buildings and required parking substantially as depicted on the Site Plan. The building locations, sizes and configurations may change, provided that the overall campus environment and central landscaped common area remain. The Property shall contain an at-grade pedestrian walkway system connecting Princess Anne Road, Concert Drive and Princess Anne Park to the campus, in addition to other pedestrian routes within the campus. Such pedestrian walkway features shall be developed in phases as each building is constructed. The architectural design of the principal buildings located on the site shall be substantially compatible with the architectural style and materials reflected in the renderings set forth in the exhibit entitled "Princess Anne Commons Health Campus Concept Renderings" dated August 15, 2002, and prepared by CMSS Architects, which renderings substantially comply with the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and/or landscaping, and any mechanical equipment located on the top of any structures on the Property shall be enclosed on four sides or screened with appropriately sized parapet walls. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre-cast, or other materials that are compatible with the building materials utilized on the primary structures on the site. The site shall be developed with a common landscape plan, which may be introduced in phases as portions of the site are developed, providing for Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH ! # 2 & 3 Page17 10. 11. continuity throughout the site with respect to compatible tree planting, shrubs, and other landscape features. The permitted accessory uses that may be developed in conjunction with the hospital facility and overall healthcare campus shall include, but not be limited to: allied health facilities, medical laboratories, a helipad/helistop, cafeteria facilities and nursing and other health-related vocational/educational facilities. The restricted access from the site to Princess Anne Road shall be limited to emergency vehicles only and shall have a gated entrance to prevent any access by vehicles other than emergency vehicles. In addition to any rights afforded by Section 15.2-2307 of the Code of Virginia, 1950, as amended and consistent with Section 221 (g) of the City Zoning Ordinance of the City of Virginia Beach authorizing the City Council to specifically provide activation time periods and procedures uniquely applicable to a Conditional Use Permit in lieu of those otherwise provided in Section 221(g); and given the unique circumstances surrounding the delayed possession of the property upon which this development is proposed, the phasing of its development and the inter-relation of the combined uses shown on the Site Plan, the following shall apply to this Conditional Use Permit: The commencement of the development of any portion of the Conditional Use Permit site for any of the uses contemplated by the "Response" submitted by Sentara Healthcare ("Sentara") to the Request for Proposal for Development in Princess Anne Commons, dated May 28, 2002, issued by the City of Virginia Beach (the "City") (including the development of a medical office building, athletic club/recreational facility or any other use contemplated by the "Response" and/or shown on the Site Plan) prior to the "Outside Development Commencement Date" defined below shall have the effect of fully activating this Conditional Use Permit for all uses permitted hereunder and shall satisfy the requirements of Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach. For purposes of this Conditional Use Permit, the "Outside Development Commencement Date" shall be the date which is the later of (a) twenty-four (24) months after delivery of possession of the property by the City to Sentara, or (b) forty-eight (48) months after the date Sentara acquires title to the Property from the City. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning and 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. November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page18 ii Planning Commission Agenda ~~, November 13, 2002 ~~~ CITY OF VIRGINIA BEACH / # 2 & 3 Page 19 Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 20 Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 21 Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 22 APPLICATION PAGE 4 OF 4 Ct. NDITIONAL USE rERMIT CITY OF VIRGINIA BEACH AppUeant's Name: DISCLOSURE STATEMENT City of Virginia Beach List All Current Property. Owners: City of Virginia Beach PROPERTY OWNER DISCLOSURE Irthe property owner is a CORPORATION, list all officers of me Corporation below: (Attaca ltst ¢ necessary,) N/A - The property owner is a ~unicipal corporation of the Cc~r~nw~a] th of Virginia If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) N/a t~ Check here if the property owner is NOT a corporation,partnership, firm, or other unincorporated organization. The property owner 'is a muni¢ipaI corporation If the applicant ts not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) [fthe applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization. ~ERTIFICATION: I certify that the information contained herein is true and accurate. Print Name Planning Commission Agenda November 13, 2002 CITY OF VIRGINIA BEACH / # 2 & 3 Page 23 APPLICATION PAGE 4 OF 4 CONDITIONAL REZONING CITYOF VIRGINIA BEACH DISCLOSURE STATEMENT Applicant's Name: Ci~ of virginia Beach, a municipal corporation of the Cu,~ra~malth of List All C.rrent Property Owners: City of Virgird. a Be~ch PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION. list all officers of the Corporation below: (Attach list if necessary) NYA The property owner is a municipal corporation of the Cc~mo~th of Virginia If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list ifnecessarT) N/A [] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. The propemy owner is a municipal corporation If the applicant is not the current owner of the property, complete the Applicant Disclosnre section below: APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list {f necessary) If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list ifneces, m~.) Check here if the applicant is NOT a corporation, partnership, firm. or other unincorporated organization. CERTIFICATION: certify that the information contained herein is true and accurate. S}11}lature Print Name Planning Commission Agenda f~l-:' lB November 13, 2002 ~-~.~'~~.~ CITY OF VIRGINIA BEACH / # 2 a 3 ~~ Page 24 Item #2, 3 & 4 City of Virginia Beach Change of Zoning Classification Conditional Use Permit for a hospital/medical complex and an Athletic club Discontinuance, closure and abandonment of a portion of Recreation Drive West side of Dam Neck Road, south of Princess Anne Road District 7 Princess Anne November 13, 2002 REGULAR AGENDA Robert Miller: The next item is Items #2, 3 & 4, the City of Virginia Beach. Mr. Nutter? Ronald Ripley: You got a lot there in from of you. I hope you're not going to read all of that? R.J. Nutter: No. No. Ronald Ripley: This is a project that probably would of, well, if you could keep your discussion brief, I think you're in pretty good shape with this one. R.J. Nutter: Yes. I understand, if I could pass these out? Mr. Chairman. Thank you very much. It's a pleasure to be here. For the record, my name is R.J. Nutter. I'm an attorney representing Sentara Health Care. We will keep our remarks very brief. As you know, you've been briefed on this originally. Both over the course of several years, as you have developed the Princess Anne Corridor Guidelines and the adoption of your Comprehensive Plan. So, we don't believe we have to go into extraordinary detail but I would like to touch up on a few' points that I think are significant for you. And at the same time, I'd like to address at least one of the questions that you raised this morning in the early morning session and I want to make sure we covered it. First I want to assure you that as your staff has done, this project is really the realization of what Mr. Din and others as part of the Princess Anne Ballfield Relocation Committee and eventually as Planning Commission and Council adopted beginning back in 1997 when you adopted the Comprehensive Plan Amendments that created the Princess Anne Corridor Concept Plan. This program not only complies with that plan it actually breathes life into that plan. This is the first private development within the property that would come to be known of the years as endearing names from Lake Ridge to Princess Anne Commons that really is the result of a private investor into this area of the city. Number 2, it is also most significantly one that completely is coordinated with the other uses that are there, from the education community, from the recreational community and even in fact, from the existing active recreational facilities in terms of all these. And those don't happen by accident. They take a lot of planning, a lot of work and a lot of commitment. And, I'm happy to represent Sentara today because their plan does that and breathes life into the Item #2, 3 & 4 City of Virginia Beach Page 2 plans that you all foresaw many years ago. Now, I'd like to talk about a couple of things that you've asked me to address with you. And first of all, it has to do with the coordination of the development of this property, which is in phases with the ball field. As you know, the ball fields are used by a wide segment of the population. They're popular by any means, fall or spring evening in the summer and quite frankly, you're going to see a lot of people enjoying one of the most beautiful areas of the city. In order to ensure that would continue uninterrupted, Sentara agreed to completely coordinate its development with the relocation of those ball fields. Now that's an easy statement for an attorney at a podium to say. But let me tell you what that requires of them. It requires that they pay well over 11 million dollars, in property that they can't use for almost two years. Now', it's kind of like buying your wife a car for her birthday and saying Happy Birthday dear and you can pick it up in two years. John Baum: Would you advise that? R.J. Nutter: I wouldn't advise that. But, it's some indication to you. That brought a lot home with me when I thought of that example. And, I thought it might to you as well because in reality it's exactly what's occurring here. They're paying the money to the city in advance of being able to utilize it so that the public could continue to use those properties while they' re being relocated. It's very significant. The other important part of that is we know that are city, like all cities, and we're more fortunate than others are always strapped for financial reasons. So, the benefit of Sentara paying the money in advance was that the city had the money up front to pay for the relocation costs without going into its tax base, very significant. So, I would tell you our ability to say in one sentence that these are completely coordinated and we won't do anything up to two years it just roll off very easily. But, if you're writing the check to make all this happen, I'm very, very proud to represent a company that has a vision to proceed to making that a reality as important to the City as the relocation of their facility is to this area. So, I wanted to point that out to you. And one other small point, during the morning session, you raised the question how these coordinated or have to do with these other features. And one of those, Chairman Ripley, was the adjacent parking for the park area. It will remain in the front. The large tree area there, I'll use the pointer here, this area right in here. How we would provide for that and what the City has asked us to do is to actually grant an easement to them, to this area. So, the public would have parking all along this area. So, not only would it be provided for them but actually a number of spaces being provided over and above those provided elsewhere today, including this area and a portion back in here, will almost double the available parking of that park area. Ronald Ripley: That's not parallel parking? R.J. Nutter: No, it's not. Ronald Ripley: It's just kind of hard to see at this scale. R.J. Nutter: This scale, you're right. But I want to let you know' we've been meeting Item #2, 3 & 4 City of Virginia Beach Page 3 with the City for months now ever since the bid was accepted and these were one of the details on how to improve access to that park and improve the number of spaces and the quality of those spaces. So, we were able to do that. I'm very happy to say that. And the thing I'm going to close on and then I'm going to ask Don Jellig of Sentara to say a few words on the financial impact of this program to the City because it is considerable beyond what I've indicated. I wanted to let you know that we have gone out to the community in a big way to make sure not only that it was coordinated with the improvements that are there, that you could see for the record the number of companies and other businesses throughout the area that are in support of this application and their letters are included in the package that I delivered to you. And for the benefit of the public who does not have this package, the letters are here in support from Old Dominion University, Tidewater Community College, Norfolk State University, Eastern Virginia Medical School, The Children's Hospital of the King's Daughters, the YMCA, as well as Delegate Bob Purkey, numerous civic league leaders and numerous doctor groups throughout the region. In addition to that, Don will tell you, Mr. Jellig will tell you that the number of civic league, he had personally met with and others over the course of the last six months. So, I can present to you that not only has it been well thought out but has been carried door to door to the communities who are directly affected by this and we're all very proud to be part of it. But, Mr. Chairman, I will stop with that unless you have any questions. Ronald Ripley: Would you want to address Recreation Drive? R.J. Nutter: Yes. Just briefly for you. Recreation Drive... Ronald Ripley: The public has an interested in knowing what's going to happen with that. R.J. Nutter: Happy to. There we go. Currently, Recreation Drive proceeds from this point on, right here. This is currently Recreation Drive today. Currently, is connecting Concert Drive and traverses the property like this and dead ends into Dam Neck Road right here. It was, according to what I was told by the Planning Department, this was designed by its very name Recreation Drive not as a main vehicular thoroughfare but in fact, designed to provide access to recreational facilities that are currently there. Because those are being relocated, the City will no longer need that access way. In fact, it wasn't designed or built as an access way as a major corridor. Rarely, and I guess Mr. Miller you can attest to this. I don't really recall the last time traffic engineering let us put a movement like that on a thoroughfare roadway. So, this was really designed to be sort of an internal roadway to connect the public to the ball fields. Now, that those are going away, the City has decided to eliminate it at this time. But, in result, we've been advised that the City will be building an extension where this road currently connects, which is right here. This is Concert Drive. It would extend Concert Drive in this direction, directly into Dam Neck Road, which is right here. Now, obviously it's a much more direct path. As you can see, the City has been planning for that connection for some time. They obviously extended this road and created this interchange here specifically Item//2, 3 & 4 City of Virginia Beach Page 4 for that purpose. So, this has all been planned well before we had even looked at purchasing this property. I will tell you that we're being advised that this will be put in by the City as this portion of the project phases out. Ronald Ripley: Could you also address the area where Recreation Drive runs through? Is Sentara buying that also or is that? R.J. Nutter: Yes sir. This was all part of what the City. When the City decided... Ronald Ripley: So you're buying everything out there? R.J. Nutter: We're buying just about 73 acres. Ronald Ripley: Okay. R.J. Nutter: Yes sir. Ronald Ripley: The gray I'm referring to. R.J. Nutter: The gray area? The portion of where the property we're acquiring is along this line, down and out like this, over here through this parcel, out like this and up and over. Ronald Ripley: And that is the future expansion? Is that what it is? R.J. Nutter: This is largely future expansion for additional office and others within the corridor who have expressed interest in coming up with additional office development in addition to Sentara. Ronald Ripley: Okay. How may people will you employ? R.J. Nutter: It's really remarkable. The net result of this will, and I don't want to steal Mr. Jellig's thunder, will be over 1600 employees. Ronald Ripley: Okay. R.J. Nutter: And that number by the way only applies to this portion of the property. That number does not include additional development areas in these gray areas. Ronald Ripley: Okay. R.J. Nutter: So, it's considerable. Question? Dorothy Wood: The first is a comment and as one of the co-founders of Meals on Wheels, we certainly look forward to having the facility there so that we can have our Item #2, 3 & 4 City of Virginia Beach Page 5 food to serve the southern part of the City. It certainly will help us. But our Amphitheatre is a very important part of our City. And I noticed that the hospital. we go back to the pictures? Could R.J. Nutter: The hospital is right here. Dorothy Wood: No, I mean the picture of the hospital. I noticed that it was glass. My concern is the noise and perhaps one day Sentara thinking that our Amphitheatre was too loud. R.J. Nutter: No. Actually, we had a number of meetings, but I'll make a point about the glass. The glass features here are actually not the exterior portion of the building. That's an extra facade placed on the building. Dorothy Wood: Okay. R.J. Nutter: Actually one of the things we've been doing with the Amphitheatre in the City early on, what Mr. Scott would tell you is, that we are designing this to look at the exact sound features created by, not by just the Amphitheatre but quite frankly also by the jets at Oceana. We're in the 65-70db area here. However, in which is by the way the same noise area that Virginia Beach is in as a basis of comparison for you. But, we'll be upgrading the quality of the buildings on this site with sound attenuation materials to offset that impact. Dorothy Wood: Thank you. When we were doing our van ride, Mr. White said that at his house, he could feel the vibration of the bass so I just wanted to make sure that this wouldn't be a problem down the road. R.J. Nutter: And we understand. Actually, we tried to take that into consideration because of that. Dorothy Wood: Thank you. R.J. Nutter: But the glass is actually a facade to add to the building. Dorothy Wood: It just looked like glass. R.J. Nutter: That's alright. It is. It's just not the exterior portion. Ronald Ripley: Okay. Thank you Mr. Nutter. R.J. Nutter: Yes. It's my pleasure. Mr. Jellig? Donald Jellig: Chairman Ripley. Members of the Planning Commission. I appreciate the opportunity to be with you a few minutes this afternoon to discuss this project. First, Item//2, 3 & 4 City of Virginia Beach Page 6 I would like to acknowledge the very positive working relationship that I think that the team that has helped Sentara has experienced in working with the Planning Department, Parks and Recreation, Agriculture, City Manager, Chief Financial Officer and even city attorneys. We really came together as a I think as a collaborative team to do what we hope is the right thing for the City or the southern portion of the city. This is sort of the intersection of two organizational goals. In 1997, the Comprehensive Plan endorsed by the City Council for the Princess Anne Commons area set forth some goals, standards and objectives. And in the late 90's and the year 2000-2001, Sentara communicating it to the city was also beginning to look at the healthcare needs in southern Virginia Beach in this corridor. And it's really an underserved market. These two needs intersected and we had the opportunity for a number of health care providers in the region to collaborate together in developing a system for better access to the residents of this area to bring us healthcare. Sentara's vision on this was to bring to the community a park like setting a campus. Sentara is going to lead the project but as it stands today we have two significant committed partners, the YMCA of Southampton Roads is going to put in a full service YMCA on this campus. And the Children's Hospital of the King's Daughters is committed to a major presence on that campus with their pediatricians and pediatric specialists and they will also have a pediatric surgery and diagnostics and that sort of thing. We had additional conversations underway and potential opportunity to work with the educational institutions for the training and training programs, educational facilities on the campus and also with Eastern Virginia Medical School. And some of their unique clinic operations may be offered in this campus. Over the next ten years as you've heard earlier this morning, we are looking to phase an investment of 130 million dollars for something over 500,000 square feet of real estate. The phasing is going to start with the medical office building and YMCA. The subsequent phasing will be based on market demand and market reaction. It also is going to be based on state approval on something called Certificate of Public Need. Certainly some of the things that we're going to do we will need approval on and we're working with the city and the community to make sure that happens. As R.J. spoke to your question about employment, they might not be necessarily Sentara employees but as the campus is currently envisioned, the number is estimated at about 1,650 employees. The average compensation will be about $83,000 because they are going to be 300 doctors on the campus also. So, that's where that number, we're not paying around that payment range. What the future holds is, we have about 30 acres that you pointed to as being not in the master plan at this point. But, appropriately, we would look for complimentary uses. We look at working with the Economic Development Department of the City and Planning and others to assure that the right things happen in that corridor. And, we have various agreements in writing with the city to ensure that all of those things happen. I've had the opportunity to speak to several positive community groups. The Council of the Civic Leagues, a citizens advisory committee, the First Precinct, the Courthouse Estate Civic League and had very, very positive response to all of our plans and proposals. And, I think particularly the integration of the providers on that campus. The biggest thing that we heard in terms of a question or a challenge is why do we have to wait so long and we explained the two years to relocate and grow the ball fields and I think in consideration there is also trying to do the right thing for the community. We've also offered to the City that we will only be Item #2, 3 & 4 City of Virginia Beach Page 7 taking the land of the residual ball fields once we needed to build the second, third and fourth phases. So, we want the City to continue to use it until we actually need it for our construction. I guess in conclusion, I say I think this is a great opportunity for the City and for Sentara and for the other partners to bring a comprehensive and technologically advanced health campus to this area of Virginia Beach. It offers some advanced health care. We wanted to design it in a campus environment to make it far more patient friendly than the typical, "Lets start with a hospital and then go from there and watch patients get lost and confused and all of that." We tried to lay it out and make it a far better plan and I think that Planning Department has been very helpful in giving us some insight to that. We got solid economics. I think the focus is health and its wellness with the YMCA, KD and the design. I think it is an absolute fulfillment of our mutual vision. I'd be happy to answer any questions that maybe you didn't impose to Mr. Nutter. Ronald Ripley: Questions? I've got a question regarding the approximate cost of the project. Does that not include the expansion properties? Donald Jellig: That's correct sir. The 130 million is our best take off of the 8-10 year build out of the four phases we proposed. That does not include the 11 million dollars for the land and it doesn't include the 30 acres for future development. Ronald Ripley: Okay. Yes, Don? Donald Horsley: I have a comment for Mr. Scott when he finishes the question. Ronald Ripley: Will, did you have a question? William Din: I have a question at the end. Ronald Ripley: Okay. Any other questions? Thank you very much. Robert Miller: There's a Mrs. Mary Puryear Butler who signed up to speak. Mary Butler: Good afternoon. Ronald Ripley: Good afternoon. Mary Butler: Mr. Chairman and members of the Planning Commission. I want to commend Sentara for their efforts and that is why I told the gentleman that I didn't want to say I'm for or against this particular project. I see a lot of potential benefits. My concern has to really do with the traffic on Recreation Drive. And, hopefully my Sentara insurance premiums won't go up as a result of this area delaying the use of their property but still paying for that. And I do want to say to the persons who are here representing Sentara that my experience with Sentara staff for the few times that I've had to ever use Sentara Hospital has always been magnificent, so I do commend you for that. And hopefully the southern end of the city will have some of that wonderful staff and other Item #2, 3 & 4 City or' Virginia Beach Page 8 people are going to be great that carries on that wonderful Sentara name. Okay, however, I am a little disappointed that the Planning staff left off one of the schools in your document. Because there are three schools that relate to K-5 back in that area and it's not mentioned anywhere in the document and maybe I overlooked that. However, my concern has to do and I can understand. Let me interrupt that sentence of myself. I can understand why Recreation Drive is not really designed to be a complete thoroughfare to get in there. My concern however, is whether or not, when Concert Drive comes out to Dam Neck Road that those of us who work back in that area will be able to access our place of employment from Dam Neck Road, come across and still make a right turn and go back to our place of employment. And I want to say that I'm speaking individually for myself. Okay, although I know quite a few people have the san~e concern that I do. Perhaps I might have more questions then I do in terms of my statements to you and I have to acknowledge that when I called the gentleman he gave us some very good information that made sense and sounded terrific but then when I read the document I'm thinking, I don't know whether or not they are really going to get us back there to our place of employment in the same way and all this traffic won't end up falling onto Concert Drive and then when there is a program. And I like concerts over there because Tina Turner was there. It was fantastic. So, when that traffic is going in there to those early concerts and we're trying to get out of there, and I don't mind waiting. I've never fussed about waiting in traffic, but sometimes getting out of our place of employment is just horrific. And I just want to be sure that we still have two access roads, not just Concert Drive and whether you keep that name Concert Drive extend or whatever you want to call it, but I want to make sure that we have two ways or' going back to our place of employment. And I know that is a City thing. Right? Sentara is not responsible for building those streets and roads. That's what you do as city folks. So, that is our major concern. I'm not seeing any of those rubber things across the street where you count the traffic. You know, when I was a child I used to think it was the way the cops determined what speed we were traveling until my parents told me better. But, I would recommend that you do another count to see how much traffic really does come in off Concert Drive and then if you put all that traffic that's coming across Dam Neck Road traveling west and then we turn on to Recreation Drive and go very slowly around to our place of employment, combine all that traffic and see what kind of impact there is and consider the Amphitheatre traffic when they do early concerts because it really does make a difference. And I don't want this to be anything that would cause Sentara not to move forward with its project. Because it's project make sense to me. Okay. So, that's pretty much what I have to say. Ronald Ripley: We thank you very much for coming over. Mr. Scott. This road that they are going extend, you think that this will alleviate this lady's issues? Robert Scott: That's one thing that is being analyzed is traffic flow. We've got a number of efforts underway to analyze the flow of traffic and the timing of the arrivals and departures of various things that are out there. We're gradually going to replace that system which is not suitable for the purpose with one that is and that's the extension of Concert Drive down to Dam Neck Road. That will complete a loop around the Item #2, 3 & 4 City of Virginia Beach Page 9 intersection of Dam Neck and Princess Anne at that one quadrant that has been planned for a long time. That is the right way to do it. Recreation Drive is just a temporary thing that has to be done away with. Mary Butler: Yeah. I agree. Robert Scott: Timing is an issue and we're going to make every attempt to do it as quickly as we can in concert, if I could borrow that word again, in concert with all of the people in interest that are out there including the Amphitheatre with whom we have a contractual relationship. Now that's a burden but we're going to move forward to complete that loop in the quickest possible timeframe and all constraints being taking into account. These are difficult budgetary times especially for localities or any entity in Virginia that's trying to build roads but we understand the challenge. We understand the need. We'll do the best we can and quickly as we can. Mary Butler: Now don't tell me that we didn't vote for the road tax that's going to keep us from getting these two streets going the right way. Who knows Sentara with its amount of wealth might chip in to help us. Ronald Ripley: Ma'am? Mary Butler: Thank you all for your time. Ronald Ripley: Mr. Miller has a question. Robert Miller: Mrs. Butler, which school was left out? Just curious. You obviously have a passion for it. Mary Butler: Landstown Elementary is left out of the document. Robert Miller: Okay. We can make sure to get that on there. And I recommend to Mr. Nutter and Mr. Jellig that they take you with them to City Council because it's absolutely going to be a sell right there. You're excellent. Thank you. Mary Butler: Thank you. Thank you very much. Donald Horsley: Ron? Ronald Ripley: Thank you. Oh yes, Don? Donald Horsley: Bob. Why you're talking about this Concert Drive, the new part, what's going to happen to the Amphitheatre parking lot on that side when that's done? Anything? Item #2, 3 & 4 City of Virginia Beach Page 10 Robert Scott: We don't have definite plans but we do have to work that out with the Amphitheatre. They are leasing that property from the City and they have contractual relationship that has got to be respected and we're going to have to work with them to come up with a satisfactory solution. We will be doing that in that time ahead. But, what we're hoping is that the Amphitheatre will not be adversely affected on the balance that if something needs to be done there, we can replace it with a suitable area for parking or arrangement for parking that makes them whole. I mean they have the need during a few events per year to use all of their parking out there. They have the capacity, I think of 20,000 people in that Amphitheatre. And there are a few times a year when that's full. But at the same time, you know, I think that they also have timing issues. What time of day these things occur as related to the time of day as the schools may have the need for those roads as opposed to the time of day that the offices or medical complex there have the need tbr the roads. All that needs to be taken into account. I think we can do that. But, we will have to work with the Amphitheatre to make sure that's mutually acceptable arrangement can be reached. Donald Horsley: Yeah. That's a better alignment than the Recreation Drive by far. Robert Scott: Well, and you're right. The alignment is meant to move traffic where as Recreation Drive is meant to access both roads. Donald Horsley: It's just an access. Ronald Ripley: Will, do you have a comment? William Din: Yeah. I think one of the things that I've learned from Bobby Vakos and Betsy Atkinson on their long tenure on the Commission and sitting at these meetings is to give credit to where credit is due I think. A small part that I played in this thing was on the Commission that initially was set up by City Council to look at this issue and bring it forward. But, I think it's appropriate that I mention comments that they would also do on issues like this and that would be to thank those people who were involved with this thing. Sentara, Mr. Jellig and all the citizens who were part of the Commission meetings and the planning that went into this process. And I think most importantly there were Planning Department staff people and Parks and Recreation people who really brought this thing to fruition who thought of the innovative way to bring this thing forward and still retain the recreation facilities for the citizens of Virginia Beach and to develop a state of the art ball field and multi purpose fields that will soon be coming on line here. And the way' they have allowed that Sentara has allowed the City to build these fields so that they could delay their project. I think that is going to be a boon to the city, but also the state of the art health complex that will be brought on by Sentara to this area. So, ! want to thank all those people who were involved with that, particularly the Planning staff and the Park and Recreation and Sentara as I said, and the citizens. ]'here was a lot of collaboration in this whole process. And, if the time were appropriate I'd be honored to make a motion for approval when time comes. Item//2, 3 & 4 City of Virginia Beach Page 11 Ronald Ripley: Does anybody else have anything to say? Robert Vakos: I'll second Will's motion and also make a comment. It was a nice speech Will. Ronald Ripley: There's a seat available. Robert Vakos: That's an inside joke. You know, many, many years ago, I served at the time it was called Lake Ridge Study and as we sat down, you kmow, the City had purchased 1,000 acres I think of property. A lot of critics asked why the City needed this property. And, we sat down and I can't remember all the folks that were on it but, we sat down, we divided it up as to recreational opportunities, educational opportunities, office development. And, I think we even might have mentioned the hospital at the time and its nice to see that after all these years that actually these pieces are falling into place. And, not exactly where they would be but just about every component is there and I think its nice to see and I think it's such a benefit to the City that we do some long range planning and actually do come to fruition and I think having Sentara as a partner is just about as good you can get. I commend the applicant. But, I also want to commend the staff and those people who were on Council at that time and Planning Commission that saw this as something that was doable. Because its been done so well and with that, offer my second. Ronald Ripley: We have a second and then we had a motion. It's good. Good job. Robert Vakos: I thought he made the motion? Ronald Ripley: Yeah. William Din: If not, I will make the motion. Robert Vakos: Okay. I thought he did. Betsy Atkinson: Yeah, he did. Ronald Ripley: I agree Bob. Any city that has the opportunity, I mean the foresight of acquiring this property is unmatched quite frankly. Because any city that can have this much land in the middle of its city that they can plan out and can accomplish what's been accomplished today and what's going to happen in the future, it's just absolutely outstanding. So, it's moving exactly in the same direction that you wanted it to happen and I think the Councils and Mr. Scott and his staff all the years they put into this is commendable, very commendable. So, with that, let's call for this question. We're ready to vote. Kay Wilson: That would be for a change of Zoning District Classification, a Conditional Item #2, 3 & 4 City of Virginia Beach Page 12 Use Permit with eleven conditions and a Discontinue, Closure and Abandonment of Recreation Drive. Thank you. Ronald Ripley: That's what it is? Robert Vakos: That's what I seconded. AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE VAKOS AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion passes. City of Virginia Flcach lurER-OFFICE CORRESPOI~tI)E^ICE In Reply Refer To Our File No. DF-5643 DATE: November 20, 2002 TO: FROM: Leslie L. Lille~ B. Kay WilsonV v DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application City of Virginia Beach (Sentara Healthcare) The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 3, 2002. I have reviewed the subject proffer agreement, dated October 24, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure AGREEMENT THIS AGREEMENT, made this 0,.W' 'day of October, 2002 by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), the owner of a certain parcel of property generally located on Princess Anne Road and Concert Drive in Virginia Beach, Virginia, which property is more fully described on Exhibit A attached hereto; and SENTARA HEALTHCARE, a Virginia corporation ("Sentara"), the contract purchaser of the property (hereinafter referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classifications from R-5D and P-1 to 0-2 Conditional on certain property which contains approximately 71.75 acres, more or less, located in the Princess Anne Election District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Propertf'); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions goveming the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and GPIN: 1485-50-2885 1485-61-4048 1485-70-0443 This Document Prepared By: Troutman Sanders LLP 4425 Corporation Lane, Suite 420 Virginia Beach, VA 23462 WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantee acknowledges that the development of the Property in a manner consistent with this Agreement will occur in phases over a period of several years, and that prior to and during such development, and subject to certain Agreements between Sentara and Grantee, the Grantee may continue to utilize portions of the Property for uses consistent with its current R-5D and P-1 zoning classifications and the historic uses that Grantee has maintained on the Property, and that such continued use shall not constitute a zoning violation or an enlargement or expansion of a lawful nonconforming use. 2. Subject to Proffer #1, the Property shall be developed in a comprehensive manner as a healthcare, office, educational and recreational complex, which shall include as the prominent feature a unified healthcare campus, and shall be subject to the terms of that certain Development Agreement between Sentara and Grantee to be executed upon Sentara's acquisition of the Property, as such Development Agreement may be subsequently amended. 3. Subject to Proffer #1, the buildings and other structures on the Property shall be developed in substantial compliance with a unified architectural theme. The exterior building materials utilized on the principal structures shall complement one another without requiring uniformity of materials or design, and shall substantially comply with the Design Guidelines for Princess Anne Commons, in effect as of the date of this Agreement, which guidelines are on file with the Planning Department of the City of Virginia Beach, Virginia. 4. Subject to Proffer #1, the primary exterior building materials utilized on the principal structures located on the Property shall consist of any combination of the following: brick, glass, metal, pre-cast concrete, or stone. 5. Subject to Proffer #1, the following uses otherwise permitted or conditional in the O-2 zoning district shall be prohibited on the Property: a. Cemeteries. 3 b. Roadside stands for the sale of agricultural products. c. Television or radio transmission towers, provided that building mounted antennas, cellular telephone antennas and line-of-sight relay devices shall not be prohibited. d. Churches. e. Funer~fl homes. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning 4 Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Sentara, Sentara shall succeed to all rights and obligations of the "Grantors" under this Agreement, and the City shall have no further rights or obligations of a "Grantor" under this Agreement (but will retain all rights and obligations as the "Grantee"). [Remainder of Page Intentionally Left Blank] GRANTOR: CITY OF VIRGINIA BEACH By: ~~~.,~. City Manager/Authorized Designee GRANTOR: SENTARA HEALTHCARE Donal~ V. Jellig, ~~resident COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this'::~4'day of/~(2002, by ~<~-'ge~n,~t~.,/-~ ,-C-iejr'~dmmg~/Authorized Designee of City Manager of the City of V{r~inia Beach~ V-~rginia, on its behalf. He/she is personally known to me. My Commission Expires: 6 CITY'S ACKNOWLEDGMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, B.L. Brittingham, a Notary in and for the City and State aforesaid, do hereby certify Ruth Hodges Smith, MMC, City Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement has acknowledged the same before me in my City and State aforesaid. Given under my hand this Notary Public My commission expires: April 30th, 2003. day o f/~z~lt~m~, 2002. COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this,~ da/~y of October, 2002, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia corporation, on its behalf. He is personally known to me. My Commission Expires: //I>///~~' 162690.1 7 EXHIBIT A ALL those certain lots, pieces, or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, and designated and described as "PARCEL A, GPIN 1485-50-2885, 15.960 ACRES," "PARCEL B, GP1N 1485-61-4048, 43.88045 ACRES," and "PARCEL C, GPIN 1485-70-0443, 9.35546 ACRES," as shown on the plat entitled "EXCESS PROPERTIES TO BE CONVEYED TO SENTARA HEALTHCARE" dated June 6, 2002, attached hereto. LOCATION L&NDSTOWN HIOH ~CHOOL A GPlN 1485-50-2885 15,960 ACRES B GPIN 148~-61-1018 43.88045 ACRES RECREATION DRIVE C GPIN 148&-70-0441 9.35546 ACRES PRINCESS ANNE GPIN 1485-70-6942 VIROINIA BRACH A~PHITHI~ATER GPlN 148,1-59-0240 EXHIBIT A EXCESS PROPERTIES TO BE CONVEYED TO SENTARA HEALTHCARE GRAPHIC SCALE: I" = 400' O' 400' 800' DATE~ JUNE 6, ZOOP?. Pict Inia Beach Gpin = See Application ZONING HISTORY 1. Public Recreational Use Established 8/11/69 2. AG-2 Agricultural District to R-8 Residential District Denied 9/4/84 AG- 1/AG-2 Agricultural District to Conditional 0-2 Office Approved 5/28/91 0-2 Office District to AG-1 Agricultural District Approved 03/28/95 Conditional Use Permit (amphitheater) Approved 3/28/95 3. Conditional Use Permit (soccer complex) Approved 8/8/95 4. I-1 Industrial District to B-2 Business District Approved 11/10/82 5. AG-2 Agricultural District to B-2 Business District Withdrawn 9/16/85 6. AG-2 Agricultural District to B-3 Business District Withdrawn 9/16/88 AG-2 Agricultural District to B-2 Business District Withdrawn 12/7/87