No preview available
HomeMy WebLinkAboutMARCH 4, 2003 AGENDACITY COUNCIL CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME*' CITY COUNCIL AGENDA CITY HALL BUILDING 1 2#0] COURTHOUSE DRIVe_ VIRGINIA BEACH VIRGINIA 20456 8003 PHONE (7~7) 4~7~$05 FAX (757) 426 5669 E MAIL Oycnel~vbgov corn 4March 2003 CITY MANAGER'S BRIEFINGS A Photo Red L~ghts A M Jacocks, Chaef- Pohce Depar~ent B Comprehenstve Plan Robert Scott, Director - Planmng Department C Sandbndge Road E Dean Block, Director - Pubhc Works - Conference Room - 1 O0 PM REVIEW OF AGENDA ITEMS COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS V INFORMAL SESSION - Conference Room - 4 00 PM A B C CALL TO ORDER - Mayor Meyera E Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION D CERTWICATION OF CLOSED SESSION E CITY COUNCIL INFORMAL DISCUSSION VI FORMAL SESSION - Council Chamber - 6 O0 PM A CALL TO ORDER - Mayor Meyera E Obemdorf B INVOCATION Reverend Rod Puckett Associate Pastor, Avalon Hills Bible Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E MINUTES INFORMAL AND FORMAL SESSIONS February 25, 2003 F AGENDA FOR FORMAL SESSION G CONSENT AGENDA H PUBLIC HEARING 1 Excess property at 1876 Wildwood Drive re Powell Development, LLC I ORDINANCES/RESOLUTIONS 1 Ordinances to AMEND the City Code a §7-9 re Bicycles, Mopeds and Rental Agencies, comphance with adverttsmg restriction s b § 21-356 re Reflective Matermls on vetucles 2 Ordinance to DECLARE the EXCESS PROPERTY at 1876 W~ldwood Drive, AUTHORIZE the C~ty Manager convey to same to Powell Development, L L C conta~mng approximately 2 acres, and smd revenue to be applied to the Beach House acqmsitlon and Commumty Service Board (CSB) land acqmsluon reunbursement (DISTRICT 5- LYNNHAVEN) Ordinances to AUTHORIZE temporar~ encroachments into City-owned right of way at Wddemess Lane m West Neck Vdlages for Baymark Construction re a concrete golf cart- path (DISTRICT 7 - PRINCESS ANNE ) 4 Ordinance to ACCEPT and APPROPRIATE a $118,849 m Grant from the Umted States Justice Department re computer software, technoloev ut~grades, and tratntng tn leadershtp and ethtcs for the Police Department J PLANNING Apphcatlons of HARBOUR DEVELOPMENT CORPORATION, L L C at North Landing and West Neck Roads, contmmng 65 1 acres, (DISTRICT 7 -PRINCESS ANNE) a Change of Zon,ne Dtstnct Classtficatton from AG-1 and AG-2 Agricultural to Condmonal R-30 Residential re single family lots no less than 18,000 sq fi b Con&ttonal Use Permtt re Open Space C VartanceAppealre certain elements of the Subd~v~s, on Ordinance, Section 4 1 (m), that requires all newly created lots meet the reqmrements of the City Zomng Ordinance (CZO) and reduce required street width Deferred July 9, August 13, October 8, 2002, January 14 and February 4, 2003 Recommendation APPROVE Revised Plan & Proffers K APPOINTMENTS HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL L UNFINISHED BUSINESS M NEW BUSINESS N ADJOURNMENT 2003 April 1 April 8 April 15 April 22 April 24 April 24 May 1 May ! May 6 May 13 Resource Management Schedule Presentation to Clt Council of FY 2003-04 Proposed Reso~ce Management Schedule Econormc V~tahty and Cultural and RecreaUonal Opportumues RMP Workshop Quality Educauon and Lifelong Learning R.M? Workshop Quality Organ~zatmn ~ Workshop Safe Commumty RMP Workshop Pubhc Heanng Proposed FY 2003-04 Resort Management plannm$ - KellamHxgh School - 6 00 P M Farmly and Youth opportumues RMP Workshop Pubhc Heanng -Proposed FY Resort Management planmng - City Council Chamber 6 00 P M Reconc~hauon Workshop C~ty Councd ADOPTION FY 2003-04 Resort Management Plan City Council, in trying to be more responsive to the needs of off, zeus who attend the meetings, has adopted the follomng time limits for future Formal Sessions ~,pphcant or Apphcant s Representative I0 Minutes ~.ttorney or Representative for Opposmon 10 Minutes Dther Speakers - each 3 Minutes Applicant s Rebuttal 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO Agenda 03/04/03/bib www vbgov corn If you a~e physically disabled or visually ~mpatred and need assistance at flus meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing ~mpalred, call TDD only 427-4305 (TDD - Telephomc Dewce for the Deaf) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance to Amend and Reordaln Section 7-9 of the City Code Pertaining to B~cycle Equipment Requirements and Advertising Proh~b~bons MEETING DATE March 4, 2003 Background The C~ty Code currently prohibits the d~splay of adverbsements on motor vehicles and prohibits signs and advertisements oriented toward the Atlanbc Ocean and Chesapeake Bay beaches The C~ty Code does not, however, address the ~ssue of advertisements on rented b~cycles and s~m~lar equipment on the Boardwalk or adjacent bicycle path Considerations The amendment would prohibit the posbng of advertisements on b~cycles and s~mdar equipment used on the Boardwalk or bicycle path east of Atlantic Avenue The amendment would, however, allow such equipment to carry one small s~gn ~dent~fymg the name and Iocabon of the rental establishment Public Information To be advertised ~n the same manner as normal agenda ~tems · Recommendations Approval · Attachments Ordinance Recommended Actton Submitting Department/Agency City M a n a ge r~'~ L._,'~z,, Requested by Counc~lmember R~chard A Maddox F \Users\W Macal~\W P\ORDRES\b~k erentalarf wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Requested by Councllmember Richard Maddox AN ORDINANCE TO AMEND AND REORDAIN SECTION 7-9 OF THE CITY CODE PERTAINING TO BICYCLE EQUIPMENT REQUIREMENTS AND ADVERTISING PROHIBITIONS Section Amended § 7-9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Section 7-9 of the City Code is hereby amended and reordalned to read as follows CHAPTER 7 BICYCLES AND MOPEDS ARTICLE I IN GENERAL Sec 7-1 Definitions For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section, unless clearly ~ndlcated to the contrary Bicycle A device propelled solely by human power, having pedals, two (2) or more wheels, and a seat height of more than twenty-five (25) inches from the ground when ad3usted to its maximum height COMMENT This section is set forth for purposes of reference and ts unchanged 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 Sec. 7-9. Rental agencles to comply w~th ec/ulpment requ~rements--~ advertLs~nq Drohzb=tLons ~ N__o rental agency or other establishment shall ~ rent or offer any bicycle, electric power-assisted b~cycle or moped for rent unless the bicycle or moped is equipped w~th all equipment requmred by this chapter~ nor shall any such aqency or establishment rent or offer any bicycle which displays any s~qnaqe or other advert~slnq matter for use on the Boardwalk or bicycle path east of Atlantic Avenue except for one slqn not exceedznq one (1) square foot in area and dlsplaylnq only the name and location of the rental aqency or establlshment COM/~ENT The amendment proh~ts the d~pl~ of adve~semen~ on renal bl~cl~ on the Boardw~k or bi.cie path east of Atlan~c Avenue, exert ~r one s~gn no l~ger than 1 square ~ot displa~ng the name and loca~on of the rental agen~ The amendment apphes ~ aH typ~ ~btcyde% mcludmg tw~ person b~eycles and surreys, by ~ue of the defimtmn of the term "bicycle" in Se~on 7-1 Adopted by the Council of the Czty of Vzrgznxa Beach, Vlrgznla, on the __ day of , 2003 CA-8765 wmm\ordres \bzkerent alord~n wpd February 24, 2003 R-2 APPROVED AS TO LEGAL SUFF I C I ENCY Cxty Attorney's Off~ce CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance To Amend And Reordam Section 21-356 Of The City Code Requlr,ng Reflective Mater,al On Certain Vehicles MEETING DATE March 4, 2003 Background Currently there ~s no requirement for tra~lers parked on the s~de of the road to take any steps to wsually alert oncoming traffic of their presence Cons~derat,ons Th~s amendment w~ll require trailers parked on City streets to e~ther be fitted with reflective tape/sheeting, or display a reflecbve cone in an effort to become more v~s~ble to approaching traffic, thus ~mprovmg highway safety Public Information To be advertised m the same manner as other items on Council's agenda · Recommendations Approve · Attachments Ordinance Recommended Action Approve Submitting Department/Agency Pohce Department F \Data~Aty\Ord~n\Noncode~stopparkarf wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-356 OF THE CITY CODE REQUIRING REFLECTIVE MATERIAL ON CERTAIN VEHICLES SECTION AMENDED ~ 21-356 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY BEACH, VIRGINIA That Section 21-356 of the City Code is hereby reordalned, to read as follows Sec 21-356 Stopping or parking on h~ghways generally OF VIRGINIA amended and (b) unattended, any highway, No person shall leave any vehicle, attended or upon the paved, improved or main-traveled portion of outside of a business or residence district, when it is practzcable to leave such vehicle standing improved or main-traveled portion of such highway shall such vehicle be parked with the rear wheels (6) inches from the curb Further, all trailers with a vehicle welcht of less than 10,000 pounds shall either be off the paved, In no instance farther than SlX qross fitted with reflectlve tape or sheetlnq on the rear uprlqht s~de posts of the tra~ler in a manner clearly visible to aDDroach~nq traffic, or shall Dlace a reflective cone behind the rear portion of the 24 25 trazler which zs closest to the center of the street 26 27 28 29 COMMENT Thss amendment wall reqmre trailers parked on C~ty streets to e~ther be retrofitted w~th reflecttve tape/sheeting, or dtsplay a reflective cone m an effort to become more v~s~ble to approaching traffic, thus improwng highway safety 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, on th~s __ day of , 2003 CA-8758 DATA/ODIN/PROPOSED/Sec 21-356(b) FEBRUARY 14, 2003 R1 ord wpd APPROVED AS TO CONTENTS Police Department APPROVED AS TO LEGAL SUFFICIENCY 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Sale of C~ty Property at 1876 W~ldwood Dnve to Powell Development LLC MEETING DATE March 4, 2003 Background George C Powell of Powell Development, LLC (the 'Developer ) has requested to purchase approximately 2+ acres of c~ty owned property located at 1876 Wildwood Drive The Developer desires to build approximately 30 upscale town home/condom~mums on the property which w~ll require a conditional rezomng of the property The Developer has agreed to purchase the property for $615,000 Th~s s~te was used by the Department of Mental Health Mental Retardation and Substance Abuse Services ( the "Department") for treatment offices unbl two years ago when the city purchased the Magic Hollow property Several of the Department s uses were consohdated into the Magic Hollow faclhty with the understanding that the Wildwood Drive property would be sold and the Department of Mental Health would be reimbursed upon sale of th~s property $300 000oftheproceedswdlbeappl~edtotheClP3-011 Beach House Acquls~t~on and Rehab~htabon Project The remaining $315 000 will be applied toward CIP 3-106 Commumty Services Board Complex Land Acquisition for reimbursement of C~ty costs for this project Considerations C~ty Council prewously declared th~s property an excess of the c~ty s needs However the buyer at that brae was unable to obtain financing to consummate the sale C~ty staff has rewewed Powell Development s request and has determined that ~t ~s in the best interest of the c~ty to convey the property to Powell Development, LLC Sale of the property places ~t back on the c~ty tax rolls and building of upscale condominiums assures c~ty of future real estate taxes Public Information A pubhc heanng as required by Section 15 2-1800 of the Code of Virg~ma was advertised on February 23, 2003 and nobce of this ordinance will be handled through the normal agenda process Alternat,ves Sell the property to Powell Development LLC, or retain ownership of the subject site Recommendations Staff recommends that Council adopt the ordinance and declare the property to be in excess of the c~ty's needs and authorize the C~ty Manager to convey the property to Powell Development, LLC ~n accordance with the attached Summary of Terms Attachments Ordinance, SummaryofTerms, Plat, Locabon Map and a Public Hearing Advertisement Recommended Action Approval Submitting Department/Agency Public Works CIty Manager~v-~.~ ~ , ~'~ 1 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O ORDINANCE NO AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO POWELL DEVELOPMENT, LLC WHEREAS, the C~ty of V~rg~ma Beach acquired ownership of a certain parcel of real property containing approximately 2+ acres, located at 1876 Wddwood Dr~ve (GPIN 2408-52-4317) m the City of Virginia Beach, Virgm~a, (the Property) recorded in Deed Book 1530, at page 0547, and WHEREAS, the C~ty Councd ~s of the op~mon that the Property ~s m excess of the needs of the C~ty of V~rg~nla Beach and should be sold to Powell Development LLC NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1 That the following described Property ~s hereby declared to be m excess of the needs of the C~ty of V~rgmla Beach and that the C~ty Manager is hereby authorized to convey the said Property to Powell Development, LLC on the terms and conditions set forth ~n the attached Summary of Terms All that certain lot, p~ece or parcel of land situate m the C,ty of Virgm~a Beach, V~rg~ma, and designated and described as "2 000 ACRES" as shown as on that certain plat enbtled "SURVEY OF A PORTION OF THE JOHN W POTTER, et al PROPERTY TO BE CONVEYED TO ATLANTIC MENTAL HYGIENE CENTER ADVISQRY BOARD LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA SCALE 1"= 100' JANUARY 11, 1968" a copy of which is attached hereto as Exhibit A LESS AND EXCEPT that portion of the aforesaid property designated and described on the aforesaid plat as "PROPOSED 15' STRIP OF PROPERTY TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH VIRGINIA FOR STREET 31 32 33 34 35 36 37 38 39 41 42 43 44 45 ~6 47 48 49 50 51 52 53 54 55 56 57 58 WIDENING" Said excepted area contains approximately 0 065 acres IT BEING the same property conveyed to Grantor by ATLANTIC MENTAL HEALTH CENTER, successor to ATLANTIC MENTAL HYGIENE CENTER ADVISORY BOARD INCORPORATED, a V~rglma non-stock corporation, dated October 29, 1975 and recorded m the Clerk's Office of the C~rcu~t Court of the C~ty of V~rg~ma Beach, Wrgm~a, ~n Deed Book 1530, at page 547 (GPIN 2408-52-4317) 2 That Slx Hundred Fifteen Thousand Dollars ($615,000 00) is to bethe purchase price of the Property 3 That the Property shall be conveyed subject to all restrictions and easements of record and subject also to the Summary of Terms attached hereto with such other ~nserbons and mod~ficabons as may be deemed necessary and/or adwsable by the C~ty Manager and may be approved by the City Attorney 4 $300,000 of the proceeds will be applied to the CIP 3-011 Beach House Acquisition and Rehab~l,tat~on Project The remaining $315,000 wdl be apphed toward CIP 3-106, Community Services reimbursement of C~ty costs for th~s project day of THIS Board Complex Land Acquisition for Th~s Ordinance shall be effective from the date of ~ts adoption Adopted by the Councd of the C~ty of Virgm~a Beach, Virginia, on the __ ,2003 ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL CA-8669 PREPARED February 24 2003 APPROVED AS TO CONTENT ~llC Work5 APPROVED AS TO LEGAL ~S~NCY -- ~. Department of Law ~ SUMMARY OF TERMS AGREEMENT FOR THE SALE OF EXCESS PROPERTY AT 1876 WILDWOOD DRIVE OWNER BUYER SALE PRICE C~ty of V~rgm~a Beach Powell Development, LLC, George C Powell Manager $615,000 payable as follows $ 25,000 upon execuhon of Agreement of Sale, and $590,000 at settlement ~n cash or by certified check SETTLEMENT DATE Sixty (60) days after a conditional rezomng and final s~te plan approval has been obtained from the city SPECIAL TERMS AND CONDITIONS The sale of this Property is conditioned upon Buyer obtaining a conditional rezon~ng from O-1 Office to A-18 (Attached Dwelling for Sale) but m no event less than 30 condomlmum umts Nothing ~n Summary of Terms, the Agreement of Sale or any other definitive agreement between the c~ty and Buyer shall consbtute or be deemed to be any agreement by the c~ty to rezone the Property H \WPS\LAWSON~2.003tEXCESS~POWELL TERM SHEET wpd © © © © © © 0 , ~l LOCATION MAP SHOWING EXCESS CITY PROPERTY 1876 WILDWOOD DRIVE GPIN 2408-52-4317 200' JIM LA~ON AGENDA. DGN PR~PAR[D BY P/W ENG CADD DEFT FEJB, 12 2003 PUBLIC HEARING SALE OF CITY PROPERTY The V~rg~nla Beach C~ty Council w~ll hold a PUBLIC HEARING on the dlspos~tion and sale of 2+_ acres of property located at 1876 Wildwood Drive (GPIN 2408-52-4317), Tuesday, March 4, 2003 at 6 00 p m, ~n the Council Chambers of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia The purpose of this hearing will be to obtain public input to determine whether this property should be declared 'Excess of the C~ty's needs" and conveyed to Powell Development, LLC if you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303, Hearing impaEred, call TDD only 427-4305 (TDD - Telephone Device for the Deaf) Any questions concerning this matter should be directed to the Off~ce of Real Estate, Building #2, Room 392, at the Virgm~a Beach Municipal Center The Real Estate Office telephone number is (757)427-4161 Ruth Hodges Smith, MMC/AAE C~ty Clerk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Encroachment Request to maintain concrete golf-cart paths for Baymark Golf, L L C MEETING DATE March 4, 2003 Background Mr R~chard Foster, Manager, on behalf of Baymark Golf, L L C desires to maintain ex~st~ng golf-cart paths in the City right-of-way along W~lderness Lane When the plans were submitted by Mr Foster as part of the ongmal rezon~ng, street cross-secbons were part of the package approved by C~ty Council Cart paths were built ~n accordance w~th the approved plan and the developer ~s now requesbng formal approval from C~ty Council Considerations C~ty Staff has rewewed the requested encroachment and has recommended approval of same, subjected to certain condlbons outlined m the agreement · Public Information Advertisement of C~ty Council Alternatives Approve the encroachment as presented, deny the encroachment, or add cond~bons as desired by C~ty Council Recommendations Approve the request subject to the terms and conditions of the agreement · Attachments Ordinance, Location Map, Agreement, and Plat Recommended Action Approval of the ordinance Submitting DepartmentJAgency Public Works/Real EstateC~{~ ~ City Ma nager~ ')~._, ~1¥~. SEE "EXHIBIT/,~OF THE VILLAGES AT WEST NECK" FOR I~TAI LS (ATTACHED) ,/ l/ 5, : LOCATION MAP :, ' - SHOWING -- ENCROACHMENT REQUESTED'~. BY BAYMARK GOLF L L.C. INTO CITY RIGHT-OF-WAY ALONG WILDERNESS LANE ! ,' SCALE 1" ? / BAYMARK GOLF DGN M J S PI~EPAR~D BY P/W ENG CADD DEPT JAN 9, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Requested by Department of Publmc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF WILDERNESS LANE BY BAYMARK GOLF, L L C , ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, BAYMARK GOLF, L L C , desire to mamntaln a concrete golf cart-path mnto the Cmty's rights-of-way located along Wilderness Lane WHEREAS, City Councml ms authorized pursuant to §§ 15 2- 2009 and 15 2-2107, Code of Vlrgmnla, 1950, as amended, to authormze a temporary encroachments upon the C~ty's right-of-way sub]ect to such terms and condmtlons as Council may prescrmbe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That pursuant to the authormty and to the extent thereof contained in §§ 15 2-2009 and 15 2-2107, Code of Vmrgmnla, 1950, ~s amended Baymark Golf, L L C , assmgns and successors in tmtle are authormzed to maintain a temporary encroachment for a concrete golf cart-path mn the Cmty's rmght-of-way as shown on the map entmtled "EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002", a copy of whmch ms on file mn the Department of Publmc Works and to whmch reference ms made for a more partmcular descrlptmon, and 25 26 27 28 29 3O 31 32 33 34 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly sub]act to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Baymark Golf, L L C , (the "Agreement") which is attached hereto and incorporated by reference, and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorIzed to execute the Agreement BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Baymark Golf, L L C and the C~ty Manager or his authorized designee execute the Agreement Adopted by the Council of the City of Virginia Beach, V~rg~nla, on the day of , 2003 37 38 39 40 41 42 43 44 45 46 47 48 CA-# gsalmons/baymark/ord R-1 PREPARED 01 22 03 %~OVED AS TO CONTENTS SI(~RA'ru~ APPROVED AS TO LEGAL SUFFICIENCY AND~ 2 PREPARED BY VIRGINIA BEACH CITY ATIDRNEY S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-81 I(¢X4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made tl'as day of ,2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumc~pal corporation, Grantor, "C~ty", and BAYMARK GOLF, L L C, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one WITNESSE, TH That, WHEREAS, the Grantee ~s the owner of that certain lot, tract, or parcel of land known as The S~gnature at West Neck Golf Course, further designated and descn'bed as follows PARCEL ONE ALL THOSE CERTAIN pmces or parcels of land, with the btuldmgs and m',provements thereon and the appurtenances thereunto belonging, s~tuate, Iymg and being m the City of Vzrgzma Beach, Virginia, and being known, numbered and designated as "GOLF COURSE PARCEL 1-3', "GOLF COURSE PARCEL 4-11, 17, 18", "GOLF COURSE PARCEL 12-13", and "GOLF COURSE PARCEL 14-16', all as shown on that certain plat entitled "SUBDMSION OF VILLAGE E, F, G, H, & GOLF COURSE AT 'WEST NECK' FOR BAYMARK CONSTRUCTION CORPORATION, REF D B 4129 PG 1937, DB4129 PG 1939, DB 4081 PG 700, MB 279 PG 82-84, GPIN 1493-63-7894-0000 VIRGINIA BEACH, VIRGINIA", wbach smd plat ~s duly recorded m the Clerk's Office of the C~rcmt Court of the Cay of V~rgmaa Beach, V~rgmaa m Map Book 303, at pages 96 through 107, mclasive PARCEL TWO ALL THOSE CERTAIN pieces or parcels of land w~th the bmldmgs and tmprovements thereon and the appurtenances thereunto belonging, situate, lying and being un the Cay of Vtrgama Beach, V~rgtma, and being known, numbered and designated as "PARCEL C" and "PARCEL D", as shown on that certain plat entitled "SUBDIVISION OF VILLAGE A AT 'WEST NECK' FOR BAYMARK CONSTRUCTION CORPORATION, REF D B 4129 PG 1939 M B 279 PG 82-84, VIRGINIA BEACH, VIRGINIA", wbach smd plat ~s duly recorded m the Clerk's Office of the Ctrcmt Court of the Cay of V~rgnna Beach, Vtrgmm trl Map Book 290, at pages 1 through 8, mclus~ve Parcel One BEING the same property conveyed to the Grantee by Deed of Baymark Comqtruct~on Corporation dated March 19, 2002 and duly recorded m the aforesmd Clerk's Office m Deed Book 4655, at Page 0604 Parcel Two BEING the same property conveyed to the Grantee by Deed of Baymark Construction Corporation dated June 19, 2002 and duly recorded tn the aforesmd Clerk's Office tn Deed Book 4721, at Page 0834 2 WHEREAS, ~t is proposed by the Grantee to maintain an emstmg concrete golf-cart path, "Temporary Encroachmem", m the Ctty of Vtrgnua Beach, WHEREAS, m maintaining the ex~stmg Temporary Encroachment, tt ~s necessary that the Grantee encroach into a port,on of an emstmg Ctty right of way along Wtldemess Lane "The Temporary Encroachment Area", and WHEREAS, the Grantee has requested that the C~ty perrmt a Temporary Encroachmem w~lnn The Encroachment Area NOW, THEREFORE, for and m cons~dera'aon of the prermses and of the benefits accruing or to accrue to the Grantee and for the further constderanon of One Dollar ($1 00), m hand prod to the Ctty, receapt of winch ~s hereby acknowledged, the Cny doth grant to the Grantee pernnss~on to use The Encroachmem Area for the purpose ofrr~mtammg the emstmg Temporary Encroachment It ~s expressly understood and agreed that the Temporary Encroachment has been constructed and wsll bema~ntamed m accordance w~th the hws of the Comonweatth of V~rglma and the C~ty of Vxrgnua Beach, and m accordance wmh the Cny's specrficattons and approval and ~s more parttcnlarly desenbed as follows, to wit A Temporary Encroachment into The Encroachment Area as shown on that certaxu plat entitled "EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002," a copy of winch ~s attached hereto as Exinblt "A" and to winch reference ts made for a more pamcular descnptton It ~s further expressly understood and agreed that the Temporary Encroachment hereto anthor~zed terminates upon not~ce by the C~ty to the Grantee, and that w~thm tlurty (30) days after the nonce ts g~ven, the Temporary Encroachment must be removed from The Encroachmem Area by the Grantee, and that the Grantee will bear ail costs and expenses of such removal It as further expressly understood and agreed that the Grantee shall mdemmfy and hold harmless the C~ty, its agents and employees, from and against all clatms, damages, losses and expenses including reasonable attorney's fees m ease it shall be necessary to file or defend an action arising out of the locanon or exastence of the Temporary Encroachment It ~s further expressly understood and agreed that nothing hereto contained shall be construed to enlarge the penmss~on and authority to permit the maintenance or construcnon of any encroachmem other than that specdied hereto and to the lunged extent specflied hereto, nor to perunt the matntenance and constmcuon of any encroachment by anyone other than the Grantee It ts further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a haT. rd It ts further expressly understood and agreed that the Grantee must obtain a pernm from the Office of Development Sermcas Center/Plarmmg Department prior to commencing any construcuon w~thm The Encroachment Area It ts further expressly understood and agreed that prior to msnance ora right of way pernmt, the Grantee must post sureues, m accordance v~th their engineer's cost esmnate, to the Office of Development Servacas Center/Planning Department It ts further expressly understood and agreed that the Grantee must obtain and keep m force all-risk property insurance and general hab~hty or such Insurance as ts deemed necessary by the Cny, and all insurance pohc~es must name the City as additional named insured or loss payee, as apphcable The Grantee also agrees to carry comprehensive general habthty insurance tn an amount not less than $500,000 00, combined stngle llmats of such insurance pohcy or pohcaes The 4 Grantee w.ll provide endorsements providing at least thmy (30) days written nonce to the C~ty prior to the cancellatmn or termmanon of, or material change to, any of the insurance policies The Grantee assmes all respons~b~hnes and habthnes, vested or contingent, w~th relanon to the Temporary Encroachmem It ~s further expressly understood and agreed that the C~ty, upon revocanon of such authomy and penmss~on so granted, nmy remove the Temporary Encroachmem and charge the cost thereof to the Grantee, and collect the cost m any manner promded by law for the collect~on of local or state taxes, may reqmre the Grantee to remove the Temporary Encroachment, and pending such removal, the C~ty may charge the Grantee for the use of The Encroachmem Area, the eqmvalent of what would be the real property tax upon the land so occupied ffrt were owned by the Grantee, and nesuch removal shall not be made wathm the ttme ordered hereto above by thru Agreement, the C~y may tmpose a penalty m the sum o f One Hundred Dollars ($100 00) per day for each and every day that the Temporary Encroachment is allowed to continue thereatter, and may collect such compensanon and penalues m any manner provaded by law for the collecnon of local or state taxes IN WITNESS WHEREOF, the smd Baymark Golf, L L C has caused thru agreement to be executed by R~chard S Foster, Manager of Baymark Golf, L L C, a htmted Imb~hty company, v~th due authority to brad smd lnmted habfltty company Further, that the C~ty of V~rgnua has mused tim agreement to be executed m ~ts name and on ns behalf by ~ts C~ty Manager and as seal be hereunto affixed and attested by ~ts C~ty Clerk 5 (SEAL) ATTEST C~ty Clerk CITY OF VIRGINIA BEACH By C~ty Manager/Authorized Designee of the Ctty Manager BAYMARK GOLF, L L C STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t Rachard S Foster, Manager The foregomg mstmmem was acknowledged before me ttus day of ,2003, by .... City Manager/Authorized Destgnee of the City Manager of the City of Vtrgtma Beach, V~rgtma, on its behalf He / She ts personally known to me My Comlmsslon Expires Nota.ryPubhc 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-?at The foregoing mstrumem was acknowledged before me ti'us day of ,2003, by RUTH HODGES SMITH, City Clerk for the City of V~rgtma Beach, Vtrgnua, on its behalf She is personally known to me My Comnusmon Exptres Notary Pubhc STATE OF CITY/COUNTY OF [il r'[t I fl IA ~£~/~to-w~t The foregoing mstrument was acknowledged before me tins day of ('~q~tt~ rt,~ ,2003, byPachardS Foster, Manuger, onbehalfofBaymarkGolf;LLC He m personally lmown to me or ~ ]TIO ~ffl~0~l t~t~ __ as ~demfficauon. t t My Commmmon Expires (~U~./I e 3 b, ~bO 3 APPROVED AS TO LEGAL SUFFICIENCY CITY A'~rORNEY ~ APPROVED AS TO CONTENT L:~TY REAL ESTATE AGENT Rev 07 24-02 cD 0© Exhibit"A" // 200 100 0 200 400 SCALE 1 =200 SHEET 1 OF' 6 INDEX SHEET PARCEL 4-11, 17,18 BAY]~ARK GOLF L L C M H 303 PG 96-107 DH 4655 PG 604 GPIN=1493-63-?894 HA'fBEN R Z77-/~' TAF GROUP 15 GOLF COURSE PARCEL 1-3 BAYMARK GOLF L L C M H 303 PG 96-107 DB 4655 PG 604 GPIN=1493-63-7894 INDICATES ENCROACHMENT AREA EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS GOLF CARTPATHS ~ro WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11 2002 30 60 90 SCALE 1 = 30 SHEEr 2 OF" 6 PARCEL 4-11, 17,18 BAYMARK GOLF L L C NB 303 PG 96-107 DB 4655 PG 604 GPIN=1493-63-7894 HAYDEN ~ INDICATES ENCROACHMENT AREA Z77''/E' TAF ,30 15 0 EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS GOLF CARTPATHS aTO WILDERNESS LANE RIGHT-OF-'WAY SEPTEMBER I1 2002 30 60 90 SCALE 1 = 30 SHEET 3 OF 6 PARCEL 4-11, 17,18 BAIq~.ARK GOLF L L C MB 303 PG 96-107 DB 4655 PG 604 GPIN=1493-63-7894 }'~ INDICATES ENCROACHMENT AREA z77''/~'' T/IF .30 15 0 EXHIBIT VILLAGES at WEST NECK SHOWING ENCROACHMENTS GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11 2002 50 60 90 SCALE 1 = 30 SHEET ~- OF 6 PARCEL 4-11, 17,18 BAYMARK GOLF L L C MB 303 PG 96-107 DB 4655 PG 6O4 GPIN=1493-63-7894 ,,~ 77-/E TAF ~UP 30 15 0 GOLF COURSE PARCEL 1-3 BAYMARK GOLF L L C MB 303 PG 96-107 ~-] INDICATES ENCROACHMENT AREA EXHIBIT VILLAGES at WEST NECK SHOWING ENCROACHMENTS GOLF CARTPATHS a'ro WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11 2002 30 60 90 SCALE I = 30 SHEET 5 OF 6 GOLF COURSE PARCEL 4-11, 17 AND 18 BAY]~ARK GOLF L L C ~B 303 PG 96-107 DB 4655 PG 604 GPIN=1493-63-7894 GOLF COURSE PARCEL 1-3 BAYI~ARK GOLF L L C MB 303 PG 96-107 DB 4655 PG 604 GPIN=1493-63-7894 ,32 30 15 0 30 SCALE 60 90 ~ INDICATES ENCROACHMENT AREA EXHIBrT VILLAGES at WEST NECK SHOWING ENCROACHMENTS GOLF CARTPATHS ~qTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11 2002 SHEET 6 OF 6 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Creating a Culture of Integrity Grant MEETING DATE March 4, 2003 · Background The U S Department of Justice, Office of Community Onented Pohcmg Services, has awarded the V~rg~ma Beach Pohce Department a grant ~n the amount of $118,849 for "Craatmg a Culture of Integnty" The project penod ~s one year Th~s grant w~ll prowde $44,000 to purchase a computer apphcat~on and related equipment to track trends mvolwng officer behawor and performance Th~s includes data such as use of force ~nc~dents pursuits clbzen complaints accidents and inJuries The grant w~ll prowde $60 000 for advanced training at all levels of the department on leadership, ethics, developing organizabonal culture and community support, as well as stressing the ~mportance of supervisory oversight and ~nvolvement Approximately $7 500 w~ll be used to upgrade the recording equipment that ~s used dunng mvest~gabve interviews The remainder of the funding w~ll be used for data entry of h~stoncal mformabon into the computer system · Considerations There are no matching funds required by the c~ty · Public Informabon Pubhc ~nformat~on w~ll be prowded through the normal Council Agenda process · Alternatives Delay the ~n~babves prowded by the grant until such t~me as regular c~ty funding can be ~dentlfied ~1 Recommendations It ~s recommended that Council accept the grant award of $118,849 and appropriate the funds to the Pohce Department · Attachments Grant Award Letter Ordinance Recommended Action Approval Subm,ttmg Department/Agency Pohce Department City Manager (~C1~ ~.. F ~Data~.~.TY~Ordm~NONCODE~ntegrltya~ wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ACCEPT AND APPROPRIATE $118,849 IN GRANT FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE TO THE POLICE DEPARTMENT'S FY 2002-03 OPERATING BUDGET FOR THE PROFESSIONAL STANDARDS DIVISION TO IMPLEMENT A NEW COM?UTER SOFTWARE SYSTEM, TECHNOLOGY UPGRADES FOR EQUIPMENT, AND DEPARTMENTAL TRAINING IN LEADERSHIP AND ETHICS WHEREAS, the City of Virginia Beach Police Department has received a federal grant for $118,849 from the United States Department of Justice to implement new computer software, technology upgrades, and training in leadership and ethics NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Virginia That $118,849 in grant funds from the United States Department of Justice is hereby accepted and appropriated to the ?ollce Department's FY 2002-03 Operating Budget for new computer software, technology upgrades, and training in leadership and ethics, with revenue increased accordingly 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2003 CA-8761 Ordln/Noncode/!ntegrltyord wpd R-4 February 21, 2003 Management Services Approved as to legal sufficiency ~Q 'Department /' U S Department of Just~ce Office of Commumty Oriented Pohclng Sevaces 1100 Vermont A~¢nue NW Washington, D C 20530 February 3, 2003 Alfred Jacocks, Jr C/reef of Pohce Vtr~ n,a Beach. City of 2509 Princess Anne Road Vlr~mn,a Beach, VA 23456 RE C_mmt # 2002-HS-WX-0035 Dear Cluef Jacocks 1 am pleas~ to reform you that your award for "Cre~tmg a Culture of Integrity" hs~ been approved tn the amount of$118,849 TbeprojectpenodforttusCrrant~sg/lr2002-8/31/2003 Your agency wfll have one full year to tmplement your grant No-cost extenmon rextucsts wall be considered m the last quarter of thc grant period Enclosed m tins packet is the award document that you and your Government Exeenttve must sign. On the back of the award document m a hst of terms and concht~ous that will apply to your award Be sure to fam,lmnze yourself w~th these reims and con&t~ons To offiea~lly ae~pt the terms and the award, please s~4~n thts document and return the original to the COPS Office w~tlnn 45 days Fadure to submx the togaed award document tn fins 45-day penod could result tn COPS w~thdrawmg your program and de-obhgatmg your funds The most updated version of the OJ-P Fmanmal Grade is now on the Intern~ at www ow usdol ItovfFmGtucl~ Please contact us ~f you have questions concerning the most updated OJP Fmanclal Grade or ~ts use m the proper flnancml manag~'~lllent of tins award. Also m fins packet are adchtaonal malcnuls relating to payment methods and procedures for recetvmg your award funds Should you have any queshous concerning matters related to fins award, please do not hesitate to contact Tamara Clark of my staff, at (202) 514-6568 Congmtula~ons again on your award We look forward to working vath you to complete fins unportant project. Enclosures ITEM Harbour Development Corporation, L L C, Change of Zon,ng Distr~ct Classification Conditional Use Permit (Open Space Promobon) Subdlwslon Variance MEETING DATE March 4, 2003 · Background CHANGE OF ZONING An Ordinance upon Application of Harbour Development Corporabon, L L C, a V~rg~n~a limited liability company, for a Change of Zoning D~stnct Class~flcatmn from AG-1 and AG-2 Agncultural D~str~cts to Conditional R- 30 Residential D~str~ct on certain property located on the south s~de of N Landing Road, west of West Neck Road (GPIN #1493-58-7581) The proposed zoning to Cond~honal R-30 (Open Space Promobon) ~s for s~ngle-fam~ly land use on lots no less than 18,000 square feet The Comprehensive Plan recommends use of th~s pamel for appropriate growth opportunities, consistent w~th the economic wtal~ty policies of V~rgm~a Beach Sa~d property contains 65 1 acres DISTRICT 7 - PRINCESS ANNE OPEN SPACE PROMOTION An Ordinance upon Apphcat~on of Harbour Development Corporabon, L L C, a V~rg~n~a I~m~ted I~ab~l~ty company, for a Cond~bonal Use Permit for an Open Space Promotion on certain property located on the south s~de of N Landing Road, west of West Neck Road (GPIN #1493-58- 7581) Sa~d property contains 65 I acres DISTRICT 7 - PRINCESS ANNE SUBDIVISION VARIANCE Appeal to Decisions of Adm~n~strabve Officers ~n regard to certain elements of the Subdivision Ordinance, Subdivision for Harbour Development Corporation Property ~s located on the south s~de of N Landing Road, west of West Neck Road (GPIN #1493-58-7581) Sa~d property contains 65 1 acres DISTRICT 7 - PRINCESS ANNE The C~ty Council prewously took the following actions on these requests · July 9, 2002 -- deferred to August 13 meeting to prewde the City Council w~th hme to d~scuss the Comprehensive Plan's recommendations regarding the Trans~bon Area · August 13, 2002 -- deferred to the October 8 meeting ~n anticipation of a Transition Area study being conducted · October 8, 2002 -- deferred to January 14, 2003, ~n order to allow the Transition Area Technical Adwsory Committee (TATAC) t~me to complete the work g~ven to them by the C~ty Council Harbour Development Page 2 of 6 · January 14, 2003 -- deferred these requests to allow for additional d~scuss~on on the report from the TATAC On December 30, 2002, the apphcant submitted a revised plan and proffers for this development The apphcant submitted the revised plan and proffers ~n order to bnng the plan into closer consistency w~th what the apphcant perceived the recommendations of the Transition Area Techmcal Advisory Committee (TATAC) would be The plan under cons~derabon for March 4 ~s that same plan, d~scussed below Conslderat,ons The applicant ~s requesting a Change of Zomng district class~hcat~on from AG-1 and AG-2 to Conditional R-30, a Conditional Use Permit for an Open Space Promotion, and a Subdwls~on Vanance to reduce the required street w~dth The applicant's revised plan, submitted on December 20, 2002, proposes to develop a 65 1 acre s~te into 65 residential lots resulting in an overall density of 1 dwelhng unit per acre The request consists of a Conditional Use Permit for R-30 Open Space Promotion that allows the square footage of the home s~tes to be a minimum of 18,000 square feet, although the actual size of the proposed lots ranges between 18,057 and 24,820 square feet Th~s allows a greater percentage of the parcel to remain in "open space" for park space (passive recreation ~n this case) and scenic wstas with the goal of creating openness within the development as one travels through ~t Approximately 32 acres of land (50 percent of the total area) w~ll be estabhshed for passive recreational open space The mm~mum open space requirement of the R-30 open space promotion option ~s 15 percent, however, the new Intenm Transition Area Gu~dehnes recommend that developments str~ve for 50% open space, which th~s development meets The revised plan has been assessed against the new Translbon Area Matnx Staff's assessment of the plan resulted ~n a score of 10 8 out of 11 possible points, translating to 64 5 dwelling umts A copy of the assessment ~s attached below The proffers have also been revised to bnng the open space acreage numbers and other provisions of the rewsed plan ~nto consistency with the language of the proffers The proffers also ~nclude an ~ncrease the amount of money contnbuted to the C~ty per lot for the purpose of acqu~nng land for open space purposes consistent with the Outdoors Plan The amount has increased from $750 to $1000, for a total of $65,000 Recommendatmns Based on the revisions made to the plan consistent w~th the recommendations of the Intenm Transition Area Gu~dehnes (TATAC Report), Staff recommends approval of these requests for a Conditional Change of Zoning, a Conditional Use Permit (Open Space Promotion), and a Subd~ws~on Vanance Harbour Development Page 3 of 6 The following conditions are recommended for the Conditional Use Permit for Open Space Promobon When development takes place upon that portion of the Property which ~s to be developed, it shall be as a s~ngle family residential community of no more than 65 budding lots and shall be landscaped substantially m conformance with the Exhibit entitled "REZONING EXHIBIT OF VICTORIA PLACE, CITY OF VIRGINIA BEACH, VIRGINIA, SHEET 2 OF 2", dated May 15, 2002, prepared by Hassell & Folkes, P C, which has been exhibited to the V~rg~ma Beach City Council and ~s on file w~th the Virgm~a Beach Department of Planning Th~s includes adherence to the species of plants hsted on the plan, the design of the b~o-retenhon benches ~n the stormwater management ponds, and all other notes on the sa~d plan 2 The entry feature shall be constructed substanbally ~n conformance w~th the Exhibit entitled "Entry Feature for V~ctona Park," dated May 28, 2002, which has been exhibited to the V~rgm~a Beach C~ty Councd and ~s on file with the V~rgmla Beach Department of Planntng 3 The design and budding matenals for the proposed p~cmc shelters shall be of s~mdar style and quahty of the spec~hcabons of the shelter enbtled "The T~mbedand" design, ~dent~fled ~n the EnWood Structures catalog, a detad of which has been exhibited to the C~ty Councd and ~s on hie w~th the Planning Department The final design shall be submitted to the Planning D~rector for rewew and approval pnor to the ~ssuance of a budding permit Attachments Revised Plan Staff Rewew D~sclosure Statement Planning Commission Minutes Location Map Recommended Action Staff recommends approval Planning Commission recommends approval Subm~thng Department/Agency Planning Department~;~ City Manager <~t~ /~-- , ~13~.. Harbour Development Page 4 of 6 Harbour Development Page 5 of 6 PARK,a~E~ FUTUR CONh [_2 ~a ~8' BRICK WALL Harbour Development Page 6 of 6 :' '-'.-- '~'~/ '_ FUTUR£ · 6 Fr MULCHED PEDES'T~IAN PATHWAY / SY..5~ibM WITHIN OPeN ~.CTION · 12 F'rx 20 Fl" COVERED SHELTER wrr/-/ CONCR~'~ B,~SE (r~ ) 'VICTORIA pa I Trans bon Area Matrix Allowable maximum residential dens~ty for any rezonmg m the Transition Area under the pohc~es of the Comprehensive Plan ~s 1 umt per acre The maximum density can be achieved through adherence to the Evaluahve Cntena prowded below and further explained ~n the Design Guidelines for the Trans~tmn Area Each section of the Evaluative Cntena below t~es to the Design Gu~dehnes through the graphic ~con at the top of the section For further guidance on the respecbve section of the Matnx, turn to the page of the Gu~dehnes that has the corresponding graphic ~con Staff will 'score' the proposed development for ~ts consistency w~th the Evaluative Cntena below The scores are then totaled and the total ~s 'plugged' rote the formula below to determine the recommended maximum density for the development Evaluative Cntena I Tota/ Comments Natural Resoumes Degrees to which the project preserves and mtegretes ~nto the 2 0 [ overall prelect the natural I resource amenlt~es on the srte Amemty Nature and degree of the 4 0 amenRy Design Degree to which the project 4 8 mcorporetes good design rote the prelect L~ne A L~ne B Line C Line Line (B) TOTAL/11 possible points [ 982 ] (C) TOTAL/11*05= [ 491 ] (D) Line (C) + 0 5 du/acre = l 991 dulacre J [ 645umts ] (E) Line D * total developable acres ( 65 I ) -- total number of points from the worksheets on the follow~ng pages total diwded by the total number of possible points which ~s 11 total from Line B multiplied by 0 5 which ~s the amount between the basehne density of 0 5 dwelhng un,ts per acre and the possible 1 dwelhng unff per acre (c/u/ac) totai from Line C added to 0 5 du/ac (the baseline density) to obtain the maximum density for the site total from Line O multiplied by the number of developable acres on the s~te thus prowdmg the maximum number of units for the site Transition Area Matnx Page 1 of 7 C \Documents and Settlngs~wh~te\My Documents\Projects\TA\_TAmatnx harbour0103 doc Natural Resources ex~sbng forests wetlands meadows culhvated fields and related featuresI ~ Total a) Are natural resources protected'> Comments · The site conststs of abandoned farm fields YES U (0 to 1 1 broken up by wooded windbreaks The point) I northeastern corner of the site possesses the only substanbal stand of trees i · The stand of trees tn the northeast corner ts retained to the extent that the only cleanng ts the envelope for the houses and the area for the street ~ NO [] (0 points) b) Are natural resources integrated rote prelect9 Comments YES [] (0 to 1 · The wooded area tn the rear corner is_ ,~ 1 retatned except for butldtng envelopes and point/ streets · Tree wtndbreaks are removed but extensive tree planting ts proposed throughout the stte I NO [~ (0 points) TOTAL (NATURAL RESOURCES) 2 Insert m appropnate box on page 1 Transition Area Matnx Page 2 of 7 C \Documents and Sett~ngs~swh~te\My Documents\Projects\TA\_TAmatnx harbour0103 doc a feature that ~ncreases the attractiveness or value of the srte consistent w~th the goals and objechves of the Comprehenswe Plan for the Transition Area a) Is the amemty, ~f present, wsually or operationally available to those who do not own property ~n the development? Comments · Yes the amenity ~n the form of the open space and trails that run through it /s both v/sua//y and operat/ona//y ava//ab/e to those who do not own properly tn the development b) Does the amenity consist of recreabonal components~ Comments · Yes through walking and running trails within the open space picnic areas benches and children s actlwty equipment to be prowded YES [] (0 to 1 point) NO [] (Opolnts) YES [] (0 to 1 point) NO [] (0 points) Total Transition Area Matnx Page 3 of 7 C \Documents and Settmgs~wh~te\My Documents\Projects\TA\_TArnatnx ha~bour0103 doc c) Are ~mprovements made that provide v~sual or physical access to the natural resources on the stte OR are tmprovements made to create a new arnemty to the property? YES U (0 to 1 1 point) Comments · Trails · Picnic shelters I I NO [] (0 points) d) Is there connecbwty hnkmg any open space and/or amemt~es between th~s development and adjacent ex~sbng or future developments'~ YES [] (0 to 1 1 Comments point) · Yes NO [] (0 points) TOTAL (AMENITY) 4 Insert in appropnate box on page 1 Transition Area Matnx Page 4 of 7 C \Docurnents and Settlngs~swh~te\My Docurnents\Projects\TA\_TAmatnx harbour0103 doc (3) Design creation or execution m an arbsbc or b~ghl¥ skilled manner consistent w~th the goals and object,yes of the Comprehensive Plan for the Transition Area Total a) Are natural or manmade water features ~ncorporated ~nto the development ~n a way that they serve as amenities? Comments · Yes b) Is there an attempt to ~ntegrate un~ts w~th amembes w~th[n the development? Comments · Yes, the open space and trails run around clustered areas of resldent~al lots YES [] (0 to 1 point) NO [] (0points) YES [] (0 to 1 point) NO ~ (0po,nts) Transition Area Matnx Page 5 of 7 C \Documents and Settmgs~swh~te\My Documents\Projects\TA\_TAmatnx harbour0103 doc c) Does the development retain or create wews or scemc wstas that can be seen from the road? YES [] (0 to 1 1 Comments ~ point) · The extstlng vista at the front of the development created by the treed wtndbreak Is removed and replaced by a buffered landscaped area of almost 350 feet from the North Landing Road nght of way to the home sttes · An entry feature anchors the entrance with the homes to be built In the development seen in the background NO D (0 points) d) Is a m~xture of lot s~zes and the clustenng or massing of homes used to achieve a pnmanly open space development~ YES D (Otol 08 Comments point) · The lot sizes are fairly uniform ranging from 18 011 square feet to 22 693 square feet Lot sizes are w/thin 2 000 square feet of either side of 20 000 However this narrow range does result in the provision of 50% of the site tn open space · Homes are clustered into four areas providing open space and trad opportumhes NO [] (0 points) Trans~bon Area Matnx Page 6 of 7 C \Documents and Sett~ngs~swh~te\My Docurnents\Prolects\TA\_TAmatnx harbour0103 doc e) Does the development use roadway and "hard infrastructure" that ~s appropnate for ~ts des~gn9 Is ~t consistent w~th the ws~on and recommendations of th~s area as expressed m I YES £ (0 to 1 the Comprehensive Plan~I point) 1 Comments · yes NO [] (0points) TOTAL (DESIGN) 4 8 Insert ~n appropnate box on 1 page Transition Area Matnx Page 7 of 7 C \Documents and Sett~ngs~swh~te\My Documents\Projects\TA\_TAmatnx harbour0103 doc HARBOUR DEVELOPMENT CORPORATION, L.L.C. / # 27, 28 & 29 June 12, 2002 DOES NOT REFLECT PLAN SUBMI'I-I'ED DECEMBER 207 2002 General Information: REQUEST 27)Chanqe of Zon~nq D~stnct Classification from AG-1 and AG-2 Agricultural D~stncts to Conditional R-30 Residential D~str~ct 28)Conditional Use Permit for an Open Space Promohon 29)Subd~ws~on Variance to Secbon 4 1 (m) for street w~dth ADDRESS Property ~s located on the south s~de of N Landing Road, west of West Neck Road ~ ~ ~! ~ ~ Harbour Development Corp Planmng Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 ~ ~.~--~ Page1 GPIN ELECTION DISTRICT SITE SIZE STAFF PLANNER PURPOSE #1493-58-7581 7- PRINCESS ANNE 65 1 acres Carolyn A K Smith To subd~wde and construct 65 smgle-farnlly dwelhngs on the 65 acre parcel while prowdmg approximately 25 acres of open space Major Issues: · Degree to which the proposal ~s consistent w~th Comprehensive Plan's and C~y Council's plans and policies for the Trans~bon Area · Cornpat~bd~ty w~th the surrounding, existing uses · Impact on C~ty's infrastructure - roads uhl~t~es, schools Land Use, Zomng, and Site Characteristics: Ex~stmq Land Use and Zoning The property ~s currently vacant, but has been under cult~vabon ~n the past The 65 acre parcel is currently zoned both AG-1 and AG-2 Agricultural Distncts Surroundm,q Land Use and Zonm.q North · South · S~ngle famdy dwellings / AG-2 Agricultural D~stnct Wooded, proposed s~ngle farndy / PD-H1 Planned Umt Developrnent D~stnct Planmng ComrnlSSlOn Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 ~__~ Page2 East West Wooded / AG-1 Agncultural D~stnct Single fam;ly, proposed s~ngle family / AG-1 & AG- 2 Agncultural D~stncts, PD-H1 Planned Un;t Development D~stnct Zomn,q and Land Use Stahst~cs With Ex,sting Zon,ng Under the ex~st~ng agncultural zomng, the 65 acre parcel could potentially be developed ~nto four (4) single family lots or could conbnue to support uses allowed by nght under the agncultural d~stnct With Proposed Zoning The proposal allows up to 65 units on the 65 acre parcel The R-30 Open Space Promobon option allows for a reduction m the m~mmum lot s~ze from 30,000 square feet to 18,000 square feet The lot sizes range from 20,000 square feet to 25,000 square feet Zon~n.q H~story On a large parcel to the south and southwest, C~ty Council granted a Change of Zoning from AG-1 and AG-2 Agncultural D~stncts to PD-H2 Planned Umt Development D~stnct and P-1 Preservation Distnct ~n 1999 for a small lot (5,000 square feet) age-restncted commumty Further to the west, ~n 1982, C~ty Council also approved a request to rezone agncultural property for single-family development Mod~hcat~ons to th~s ong~nal request were later granted and the development ~s known today as "Courthouse Estates" A~r Installabon Compabble Use Zone (AICUZ) The s~te ~s in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana proposed use ~s compahble w~th th~s AICUZ d~stnct The Natural Resource and Physical Charactenshcs Th~s property ~s w~th~n the Southern Watersheds Management Area So~ls consist of predom~nately Acredale w~th areas of Tomotley along the northern port~on of the property The southeast corner of the s~te, approximately 7 5 acres, exists as woods There are several ex~sbng wooded hedgerows on the property as the s~te has been segmented ~nto numerous farm fields The majonty of the s~te had been under Page3 culhvat~on in the past and, as such, th~s proposal wdl remove approximately 60 acres of farmland from the C~ty's inventory of agncultural property Public Faclhtles and Serwces Water and Sewer Water Sewer There ~s a s~xteen (16) ~nch water ma~n m North Landing Road that fronts the northern property line Th~s subd~ws~on must connect to City water Plans and bonds for construchon of the water system w~ll be reeqmred There ~s a s~xteen (16) ~nch samtary sewer fome ma~n and a four (4) ~nch fome ma~n m North Landing Road that fronts the northern property hne Th~s subd~ws~on must connect to C~ty sewer Plans and bonds wdl be required for construction of the sewer system Transportabon Master Transportabon Plan (MTP) / Capital Improvement Program (ClP) Th~s project ~s not impacted by any proposal found w~th~n the Master Transportation Plan Th~s development ~s included, however, ~n the ClP 6-039 service area and presently, constructmn of two (2) pump stations and associated sewer hnes m the North Landing Road nght-of-way are underway Traff, c Calculat,ons Street Name Present Present Generated Traff,c Volume Capac;ty Ex~stmg Land Use z_ 40 ADT North Landing Road 7 836 ADT ~ 9 900 ADT 1 I Proposed Land Use 3_ 650 ADT Average Da~ly Tnps as dehned by the ex~st~ng AG 1 & AG 2 zomng w~th 4 houses allowed by nght as defined by R 30 zoning w~th 65 dwelling un~ts Planmng Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 4 E5 Ftscal Year 2002-~3 Planmng Comm~ss,on Agenda ~ HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 '~'~-~ Page5 Schools School Name Current Capacity Generabon ~ Enrollment North Landing 590 651 20 Elementary School Pnncess Anne M~ddle School 1,424 1,615 11 Kellam High School 2,200 1,995 13 'generation represents the d~fference between generated students under the ex~st~ng zoning and under the proposed zoning The number can be positive (additional students) or negabve (fewer students) Pubhc Safety Pohce F~re and Rescue Adequate - It ~s essential that the common area be ws~ble by adjacent residences A rewew of the covenants reveals that the height of any fencing adjacent to common areas w~ll be hm~ted in terms of height and building style (no stockade) Th~s w~ll help w~ll ws~b~hty and safety It ~s recommended that the street trees be spaced no closer than ten (10) feet from a hght pole to help ehmmate shadows and blockage of light Shrubs should not be planted any closer than e~ght (8) feet to the proposed walking path Adequate - no additional comments Comprehensive Plan The Courthouse / Sandbndge Issues and Pohc~es section of the Comprehensive Plan indicates that the land uses and densities must not be a contmuabon of etther the northern urban or the southern rural areas but a transition (A transition by dehmt[on ~s a change, evolubon, shift, alteration or mod~hcat~on ) The Comprehensive Plan states '~th~s area of the C~y serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south Land uses and densities must not be a Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 6 continuation of e~ther form, but a trans~bon from one to the other" (page 72) The Plan recommends that residential development ~n th~s area adhere to the follow~ng gu~dehnes Create h~gh quahty neighborhoods through careful planmng of land uses, transportabon systems, landscape treatments and pubhc ~mprovements (page 72 Pohcy Document) Staff Comment The goal/s to create a sense of openness by maintaining a large, landscape entrance (approximately 6 acres) and a swath of open space through the ~ntenor of the s/te The applicant has proposed a neighborhood that maintains scenic vistas as one travels through the development and ~ncorporates an extensive pedestnan tra# system throughout w/th thought to future connections as well Along w/th the well-planned pedestnan system, park benches and large picnic shelters are proposed w~th/n the open space area Design w~th nature, making a special effort to preserve and showcase s~gn~flcant enwronmental resoumes Carefully ~ntegrate such natural features and use them as a bas~s, where possible, to enhance and dehne neighborhoods, recreabon areas, open spaces, and wews of special natural areas (page 72) Staff Comment The amount of s~gn~f~cant enwronmental features on th~s s/te was limited A stand of trees exists/n the southeast comer of the s/te It was essential that th~s single enwronmental feature be ~ncorporated into the overall design of the subd/ws/on /n terms of the number of homes/n the wooded area, m/n/m/zmg the s~ze of the lots, parhcularly /n this area of the site, and forethought on the actual Iocabon of the proposed homes w/thin the woods so as to m~n/m~ze d~sturbance The design establishes a means for an expectabon that adjacent pamels, should they ever develop, respect the efforts to maintain a natural buffer of value In add/bon to preserving the majority of the trees w/th~n this stand, open areas are proposed/n strategic locations along the roadway to establish a sense of openness as one travels through the development Construct local roads w~th m~mmal pavement w~dth, w~de shoulders and s~de swales Include a well-planned pedestnan c~rculabon system to connect neighborhoods, recreational areas and open spaces M~mm~ze through consohdabon of the number of street accesses to artenal roadways (page 73) Planmng Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C J # 27, 28 & 29 Page7 Staff Comment The proposed 50 foot right-of-way that serves as the single access to North Landing Road ~s a departure from the typical urban /ntenor road design of 30 feet of pavement The road width will be 24 feet with four (4) feet of paved shoulder on either side of the road Beyond the pavement, adjacent to the street, streetllghts and street trees are proposed A five (5) foot wide concrete sidewalk is proposed beyond the trees and lights that serve as a buffer between the pedestrian and vehicular traffic A swale is then proposed within a ten (10) foot utility and drainage easement As discussed above, a network of trails and sidewalks is proposed within the development with future potential connections w/th adjacent properties Growth m th~s area should be wewed as a special type of development w~th ~ts own standards suitable to the character of the area The development standards should be enwronmentally sensitive, ~nclud~ng narrow streets w~th less pavement, rural drainage techniques and appropnate aesthetic treatments The transition area ~s to be seen as a recreational mecca w~th res~denhal development only ~f ~t supports the pnmary purpose of advancing open space and recreational uses Residential uses w~thout an open space element are not encouraged (page 73) Staff Comment This development proposal consists of 25 2 acres or 39 percent of the 65 1 acres as dedicated passive open space In addition, the applicant has proffered $750 O0 per lot for a total of $48,750 O0 to be used for the purchase of open space pursuant to the City's Outdoors Plan The cash proffer, combined with the amount of open space and the "usability" of the proposed open areas, lends support to the conclusion that this project appears to qualify as one that will advance public accessibility to open space and recreabonal uses with the residential component as minor Development that takes place in the transition area should be fiscally neutral Fiscally neutral means that development must both a) generate more in tax revenue than the public services cost to support ~t, and b) be of such a density that, when coupled w~th ex~stmg and potential development ~n the area, it w~ll not generate the need for substantial infrastructure ~mprovements As an alternative to hscal neutrality, cash proffers to offset negative hscal ~mpacts can be considered In the absence of a hnd~ng of fiscal neutral, there should be an extraordinary public benefit to be denved from the project (page 74) Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 8 Staff Comment While the cash proffers could aid/n balancing projects that do not appear to be fiscally neutral, the proposed cash proffers/n this instance are specifically designated for the purchase of open space In light of th/s, upon examination of the quality of the bulld/ng mater/als and the value and amen/t/es w/th~n the open space and the character of the surrounding development, these houses w/Il have a value of approximately $350,000 to $450,000 and up In add/t/on, access to water and sewer is ava#able along North Landing Road, however, plans and bonds for construction of both the water and sewer systems w/fl be required The development w/fl not generate the need for the City to incur any substantial expense due to infrastructure improvements The Department of Public Utilities/s currently upgrading the ex/sbng system along this portlon of North Landing Road The enhre project should be developed at a density that ~s the lowest of the following 1 estabhshes the res~denbal as secondary, 2 assures that the project ~s m keeping w~th the character of the transition area, and 3 generates no more traffic than the equivalent of one (1) dwelhng unit per developable acre (page 74) Staff Comment At the request of City Council, staff developed a set of criteria for assessing a development's consistency w/th the Comprehensive Plan's poi/c/es for the Trans/t/on Area The result was the establishment of a '~rans/bon Area Matnx' that/s now used to calculate the potent/al denslty of a development proposal/n the trans/bon area Application of the matrix to the submitted plan resulted ~n a final "rating" that would allow a max/mum of 64 dwelling un/ts on the property The applicant/s requesbng 65 un/ts A factor that must be entered into the equation, however,/s the fact that the matrix calls for venation/n lot size for the purpose of clustenng and ga/mng open space This component of the plan scored relatively Iow A sign/f/cant issue, however,/s the recent opinion expressed by several City Council members to other rezomng apphcants ~n the Transition Area to have a m~nlmum lot size of 20, O00 square feet This applicant, knowing that several Counc# members expressed that opinion, redesigned the proposed layout a number of bmes to lncrease the lot sizes to the des/red 20,000 square feet while still trying to ach/eve the other objectives as expressed by the Trans/t/on Area Density Matnx The result/s a plan that scores high on almost all of the matrix items except the one calling for vanabon m lot s/zes The scored matnx /s included at the end of th/s report Ptanmng Commtsston Agenda June 12, 2002 ,A, ou. C / # Page 9 The need for w~demng roads should not be necessary to accommodate the proposed development Projects of h~gh ment and Iow density should be favored Staff Comment The construct/on of 65 homes on this property w#l not necessitate modification to the ex/sting roadway Trafhc Eng/neenng staff from the Department of Pubbc Works have rewewed the plan and have concluded that North Landing Road/s under/ts capacity Summary of Proposal Proposal · The apphcant ~s proposing to develop a 65 1 acre s~te ~nto 65 residential lots resulting ~n an overall density of 1 dwelhng unit per acre The request consists of a Cond]bonal Use Permit for R-30 Open Space Promobon that allows the square footage of the home s~tes to be a m~mmum of 18,000 square feet However, the proposed lots range m s~ze from 20,000 square feet to 25,000 square feet The reducbon from 30,000 square feet as required under straight R-30 zoning allows a greater percentage of the 65 acre parcel to remain ~n "open space" for park space (passive recreation ~n th~s case) and scemc wstas w~th the goal of creating openness w~th~n the development as one moves through ~t · In addition to the use permit, a rezomng apphcat~on ~s required to change the underlying zoning from AG-1 & AG-2 Agricultural Distnct to R-30 Res~dentlal D~stnct A subdivision vanance ~s also sought as the proposed and preferred road design Is atypical of C~ty standards for a residential street The proposed road section depicts the use of swales for drainage and a smaller w~dth of asphalt (24 feet rather than the required 30 feet) In addition, the s~dewalk ~s not d~rectly adjacent to the roadway but rather buffered from vehicular trafhc w~th street trees and street hghtmg S~te DesLqn · The concept plan depicts a single entrance ~nto the proposed development off of North Landing Road Masonry walls parallel to North Landing Road on each s~de of the entrance road are proposed There are approximately s~x (6) acres of passive open space, free from development, as one enters the s~te A large entry feature is proposed w~th,n th~s open space area The rendenng of the entry feature depicts a predom~nately reddish bnck outdoor pawhon w~th a cupola on the dark color roof and dent~l molding surrounding the top The design of the pawhon ~s consistent w~th the Planmng Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 10 Pnncess Anne Commons Gu~dehnes and complementary to the mumc~pal center and the h~stonc, rural character of the area The central feature of th~s subd~ws~on plan ~s a swath of open green space w~thm the ~ntenor of the development A majonty of all of the dwelhng un~ts wdl face or d~rectly back up to some form of open space - e~ther passive recreabonal open space or a lake (stormwater management pond) The homeowners' assoc~ahon wdl maintain th~s open space Twenty-hve (25) acres of total open space ~s proposed w~th slx (6) foot w~de mulched pedestnan trads, park benches, and p~cn~c shelters throughout Included ~n the development ~s a well-planned pedestnan c~mulat~on system that ~ntemally connects the proposed neighborhood as well as future neighborhoods Three (3) large stormwater management ponds are proposed and have been ~ncorporated into the design of the subd~ws~on as v~sual amenlbes Two (2) future street connections are proposed to accommodate potential development of adjacent properhes Vehicular and Pedestnan Access Vehicular c~mulat~on w~th~n the development ~s acceptable Both the proffer agreement and the concept plan ~nd~cate that nght and left tum lanes from North Landing Road w~ll be constructed The proposed streets within the development reflect the rural character of the transition area as they propose less pavement w~dth, w~de shoulders and s~de swales The two (2) travel lanes are twelve (12) feet ~n w~dth w~th four (4) feet of paved shoulder on both s~des of the street Included ~n the development is a well-planned pedestnan c~mulatlon system that connects the dwelhng umts to the open space and prowdes future pedestnan connections to adjo~mng properbes as well F~ve (5) foot w~de concrete s~dewalks w~thm the nghts-of-way are depicted on both s~des of the streets w~th the exception of two (2) cul-de-sacs Architectural Deskqn · The Conditional Zoning Agreement states that ws~ble exterior surfaces of the homes, excluding roof, trim, w~ndows, and doors, must be no less than hfty percent (50%) brick, stone, stucco or s~m~lar quahty matenals Any one-story dwelhng shall contain no less than 2,400 square feet of enclosed hwng area excluding garage area and any two-story dwelhng shall contain no less than 2,600 square feet of enclosed hv~ng Planning Comm,sslOnjune 12,Agenda2002 NARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 11 area excluding the garage area The Deed Restrictions shall require each dwelhng to have, at a m~n~mum, a two (2) car garage The apphcat~on states that the anticipated value of the homes should exceed $300,000 although the applicant has stated verbally that the finished homes will ulhmately sell for $350,000 to $450,000 Deed Restnchons, administered by a Property Owners' Association, wdl hm~t the height and matenal of fencing so that all open space areas are easily ws~ble and safe The Deed Restrictions also requfre that all outbulldfngs be constructed of the same matenal and color as the pnnciple dwelhng and shall not exceed 200 square feet ~n s~ze They also require that all front yards be sodded Landscape and Open Space · The Cond~bonal Zomng Agreement indicates that 25 2 acres of land (39 percent of the total area) w~ll be dedicated to passive recreational open space The m~mmum open space requirement of the typical R-30 open space promotion option is 15 percent These landscaped parklands w~ll feature walking tra~ls, park benches, p~cn~c areas, and lakes outside the residential lots and roadways Two (2) covered p~cn~c shelters (12 feet by 20 feet) w~th a concrete base are proposed Each budding lot w~ll be developed w~th double the total canopy cover specified ~n the C~ty of V~rg~ma Beach's "Res~denbal Tree Requirement Table" For example, a 20,000 to 29,000 square foot lot requires at least 900 square feet of tree canopy Th~s can be accomplished by using all small, medium or large trees or a combination thereof Small trees, such as a dogwood or crape myrtle, are g~ven 100 square feet of canopy cover Medium trees, such as nver b~rch and Amencan holly, are g~ven 150 square feet of canopy cover Large trees, such as bald cypress and Ioblolly pine, are g~ven 200 square feet of canopy cover Small trees must be at least five (5) feet ~n height at the t~me of planting and medium to large trees must be a m~mmum of 1 Y2 ~nch cahper at the t~me of planting The pre-development tree canopy is 18 percent W~th the proposed proffered landscaping the esbmated post-development tree canopy at 10-year grow out w~ll also be 18 percent Proffers Plann,ng Comm,ss~on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 12 PROFFER # 1 Staff Evaluation PROFFER # 2 Staff Evaluabon When development takes place upon that port~on of the Property which ~s to be developed, it shall be as a s~ngle family res~denbal community of no more than 65 building lots substantially in conformance w~th the Exhibit ent~fled "REZONING EXHIBIT OF VICTORIA PLACE", dated May 7, 2002, prepared by Hassell & Folkes, P C, which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on hie with the V~rg~n~a Beach Department of Planning ("Concept Plan") Each budding lot shall be developed w~th double (~ e two t~mes) the 'q'otal Canopy Cover Required" as spec~hed ~n the C~ty of V~rg~n~a Beach's "Residential Tree Requirement Table" pubhshed by the V~rgm~a Beach Department of Planning as of the date hereof This proffer/s acceptable This development proposes a central/zed open space w/th additional pockets and ribbons of open space that serve buffers to adjacent uses and visual relief for both the pedestnan and motor/st The proposal/s at a dens/h/of 1 0 unit per acre Because the applicant/s ublmng the R-30 open space promotion opt/on, the lots are required to be a m/n/mum of 18,000 square feet The proposed lots range/n size from 20,000 to 25,000 square feet The use of smaller lots than the h/p/ca/R-30 30,000 square feet provide additional land available for open space When the property ~s developed, a central park conta~mng approximately 25 2 acres of landscaped parklands and lakes featunng pass~ve park areas, community acbv~ty areas featunng an extensive pedestnan pathway system, park benches, covered shelters and p~cn~c areas lying outside the res~denhal lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners' Association This proffer/s acceptable The apphcant has proposed a neighborhood that maintains scenic vistas as one travels through the development and Incorporates an extensive pedestnan trail system throughout w/th thought to future connections as well Along w/th the we//planned pedestnan system, park benches and large p/cmc shelters Planmng Commtsston Agenda 2oo= HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page13 PROFFER # 3 Staff Evaluabon are proposed within the open space area When the property ~s developed, the pedestnan pathway system and open space improvements shall be constructed substantially as depicted on the Concept Plan This proffer/s acceptable The plan incorporates an extensive pedestrian trail system including a slx (6) foot w/de mulched trail w/thin the open space areas and a five (5) foot w/de sidewalk throughout the subdivision Future connections to adjacent properties are a/so depicted on the submitted plan PROFFER#4 Staff Evaluabon PROFFER#4 Staff Evaluation At the entrance to the commumty, the Party of the F~rst Part w~ll construct both nght and left turn lanes from North Landing Road and a bnck wall, 18 inches In height parallel to North Landing Road on each s~de of the entrance road as depicted on the Concept Plan The proposed rezonlng w/Il generate sufficient turning volumes to warrant/eft and right turn lanes on North Landing Road Department of Public Works standards spec/fy the storage and bay taper must each be a minimum of 100 feet for the left and right turn lanes The entrance location may need slight adjustment to provide for the turn lanes This refinement wdl be determined during final site plan review should these requests be approved When the Property ~s subd~wded ~t shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restnct~ons ("Deed Restnct~ons") adm~mstered by a Property Owners' Association which shall be responsible for maintaining all common areas, including the community owned open space w~th pedestrian pathway system, the entrance feature and community act~wty area This proffer is acceptable Beyond defining maintenance responsibilities, the Deed Restnct/ons w/il also hmlt the height and materials of fencing adjacent to open space areas, restnct the building matenals of accessory Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 14 PROFFER#5 Staff Evaluabon PROFFER # 6 structures, #mit the placement of flags and other decorative items, etc All residential dwelhngs constructed on the Property shall have v~s[ble extenor surfaces, excluding roof, tnm, windows, and doors, which ~s no less than hfty percent (50%) bnck, stone, stucco or s~m~lar quahty matenals Any one story dwelhng shall contain no less than 2,400 square feet of enclosed hv~ng area excluding garage area and any two story dwelhng shall contain no less than 2,600 square feet of enclosed hying area excluding the garage area The Deed Restrictions shall require each dwelhng to have at a m~n~mum, a two (2) car garage Thls proffer/s acceptable The size of the proposed homes and the quahty of the bu#d/ng matenals w#l contribute to the high quahty appearance of this subdivision The required two (2) car garage for each dwelling w/ll help allewate the necesslty for on-street parking on the proposed street The Grantor recognizes that the subject s~te ~s located w~th~n the Transition Area ~dent#~ed ~n the Comprehensive Plan of the C~ty of V~rg~n~a Beach, adopted on November 4, 1997 The Comprehensive Plan states that development taking place ~n th~s area should support the pnmary purpose of advancing open space and recreahonal uses In add~bon to comm~tbng thirty-three percent (33%) of the property to open space preservation, wa the dedication of the 20 6 acres to the Property Owners Association as permanent open space the Grantor agrees to contnbute the sum of Seven Hundred F~fty and 11 / 100 Dollars ($750 00) per lot to Grantee to be ut~hzed by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan If the funds proffered by the Grantor ~n th~s paragraph are not used by the Grantee anybme w~th~n the next twenty (20) years for the purpose for which they are proffered, then any funds pa~d and unused may be used by the Grantee for any other pubhc purpose Grantor agrees to make payment for each residential lot as shown on any subd~ws~on plat pnor to recordation of that plat Planmng Comm,sslon Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 15 Staff Evaluatton PROFFER # 7 Staff Evaluabon This proffer is acceptable The cash proffer of $750 O0 per lot equates to a total of $48,750 O0 for all 65 lots Further condlbons may be required by the Grantee dunng detailed S~te Plan and/or Subd~ws~on rewew and adm~ntstrabon of apphcable Cffy codes by all cognizant C~ty agencies and departments to meet all apphcable C~ty code requirements Any references hereinabove to R-30 Zomng D~stnct and to the requirements and regulations apphcable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the C~ty of Virginia Beach, V~rg~n~a, ~n force as of the date of approval of th~s Agreement by C~ty Council, which are by th~s reference ~ncorporated here~n Thls proffer ~s acceptable as it reaffirms that all prows/ons of the City Code must be met and that the rezonmg proposal does not e#mmate the applicant's respons~b/llty to adhere to adopted rules and regulations City Attorney's Office The C~ty Attorney's Office has reviewed the proffer agreement and found ~t to be legally sufficient and ~n acceptable legal form Evaluation of Request These requests are recommended for approval The apphcant proposes to develop a 65 1 acre s~te ~nto 65 res~denbal lots resulting ~n an overall density of 1 dwelhng umt per acre The request consists of a conditional use permit for R-30 opens space promobon that allows the square footage of the home s~tes to be a m~mmum of 18,000 square feet, although the actual s~ze of the proposed lots ranges between 20,000 and 25,000 square feet Th~s allows a greater percentage of the pamel to remain ~n "open space" for park space (passive recreabon ~n th~s case) and scenic v~stas w~th the goal of creating openness w~thm the development as one travels through ~t The Cond~bonal Zoning Agreement ~nd~cates that 25 2 acres of land (39 pement of the total area) w~ll be Planning Commission Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page16 dedicated to passive recreabonal open space The minimum open space requirement of the R-30 open space promotion ophon ~s 15 percent Dunng the design phase of th~s development dunng d~scuss~ons w~th staff, the apphcant recogmzed that ~t was essential that the ~mportant enwronmental feature (the large stand of trees) be ~ncorporated ~nto the overall design of the subd~ws~on ~n terms of the number of homes ~n the wooded area, particularly ~n m~n~m~z~ng the s~ze of the lots ~n th~s area of the s~te As a result, the actual Iocabon of the proposed homes w~th~n the woods has been predetermined so as to mm~m~ze d~sturbance The retention of a majonty of the trees d~ctates an expectation that adlacent parcels, should they ever develop, respect the efforts to maintain a natural buffer of value In addition to preserving the majonty of the trees w~thm th~s stand, open areas are proposed ~n strategic Iocabons along the roadway to estabhsh a sense of openness Th~s development attempts to create a h~gh quahty neighborhood that has been designed to preserve a large amount of open space and showcase the enwronmental resources on the s~te Staff approached the rewew of this plan ~n the Transition Area d~fferently than one for a subdivision typically found ~n the northern part of the C~ty Th~s development ~s a special type of project w~th ~ts own development standards suitable to the atmosphere and character desired for th~s area Development ~n the Transition Area should be associated w~th s~gmflcant open space and recreahonal amembes Th~s development builds off of a centrahzed open space as well as add~bonal pockets and "ribbons" of open space at the property's penmeter These nbbons of open space a~d ~n preventmg an undesirable scenano, atypical of the rural character of the area, of back-to-back rear yards A substantial amount of the parcel (39 percent) w~ll remain as undeveloped open areas, but perhaps equally ~mportant to the amount of land reserved for open space ~s the actual access~b~hty and usab~hty of the proposed open areas A vast malonty of the homes w~ll back up to or be adjacent to e~ther open space or forested areas Th~s ~ncludes lots 56 through 65 that w~ll back up to a platted ~ngress/egress easement to the property to the west that vanes ~n w~dth from approximately 35 feet to 140 feet w~de Th~s easement w~ll serve as a buffer to the ex~stmg uses to the west Also ~ncluded ~n the open space component ~s a well-planned pedestnan c~rculahon system w~th extensive ~ntemal connections Along w~th the pedestnan system, park benches and large p~cn~c shelters are proposed w~th~n the open space area Approximately s~x (6) acres w~ll be heavily landscaped as the entrance ~nto the community from North Landing Road as well that w~ll also a~d m ma~ntam~ng the rural v~stas from the road At the request of C~ty Council, staff developed a set of cntena for assessing a development's consistency with the Comprehensive Plan's pohcles for the Trans~bon Area The result was the estabhshment of a "Transition Area Matnx" that ~s now used to Planmng Commtsslon Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page17 calculate the potential density of a development proposal m the transition area Apphcahon of the matnx to the submitted plan resulted ~n a hnal "rabng" that would allow a maximum of 64 dwelhng umts on the property The applicant ~s requesting 65 un~ts A factor that must be entered into the equation, however, is the fact that the matnx calls for vanat~on ~n lot s~ze for the purpose of clustenng and gaining open space Th~s component of the plan scored relatively Iow A s~gn~flcant ~ssue, however, ~s the recent op~mon several C~ty Councd members expressed to other rezomng apphcants ~n the Transition Area to have a mm~mum lot s~ze of 20,000 square feet Th~s apphcant, knowing that several Councd members expressed that op~mon, redesigned the proposed layout a number of t~mes to ~ncrease the lot s~zes to the desired 20,000 square feet wh~le stdl trying to achieve the other objectives as expressed by the Transition Area Density Matrix The result Is a plan that scores high on almost all of the matnx ~tems w~th the exception of the one calhng for vanat~on m lot sizes The design of the subdivision and the amount of cash proffers set aside for acquisition of open space demonstrate the promohon of open space w~thln this proposal Staff concludes that the apphcant's proposal meets the apphcable prows~ons of the Comprehensive Plan for the Transition Area and recommends approval of these requests subject to the cond~bons below as part of the Open Space Promotion Conditions When development takes place upon that port~on of the Property which ~s to be developed, ~t shall be as a s~ngle family residential community of no more than 65 building lots and shall be landscaped substantially ~n conformance w~th the Exhibit enbtled "REZONING EXHIBIT OF VICTORIA PLACE, CITY OF VIRGINIA BEACH, VIRGINIA, SHEET 2 OF 2", dated May 7, 2002, prepared by Hassell & Folkes, P C, which has been exhibited to the Virg~ma Beach C~ty Council and ~s on file w~th the V~rgm~a Beach Department of Planning Th~s includes adherence to the species of plants hsted on the plan, the design of the b~o-retentlon benches in the stormwater management ponds, and all other notes on the said plan 2 The entry feature shall be constructed substantially in conformance with the Exhibit entitled "Entry Feature for V~ctona Park," dated May 28, 2002, which has been exhibited to the Wrgmla Beach City Councd and ~s on hie w~th the Virginia Beach Department of Planning 3 The design and building matenals for the proposed p~cn~c shelters shall be of s~m~lar style and quahty of the spec~hcat~ons of the shelter entitled "The T~mberland" design, ~denhhed ~n the EnWood Structures catalog, a detail of which has been exhibited to the C~ty Councd and is on hie w~th the Planning Planmng Comm~ssfon Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page18 Department The hnal design shall be submitted to the Planning D~rector for rewew and approval prior to the ~ssuance of a building permit NOTE Further cond~bons may be required dunng the adm~mstrabon of apphcable C~ty Ordinances Plans submitted w~th th~s rezomng apphcabon may require rews~on during detailed s~te plan rewew to meet all apphcable C~ Codes Planmng Comm~ss,on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 19 ~VO~ Planning Comm,ss~on Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 20 uvo~t Planmng Commission Agenda ~[-'~ June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 21 Plann,ng Comm,ss,on Agenda June ~2,2002 HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29 Page 22 Planmng Commtsston Agenda June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 23 Proposed Shelter Plann,ng Comm~ss,on Agenda~~°[~,~ · June 12, 2002 ~..? HARBOUR DEVELOPMENT CORPORATION, L L C ! # 27, 28 & 29~L~--~'~ ~ Page 24 Plann,ng ~;omm,ss,on ,~genaa June 12, 2002 HARBOUR DEVELOPMENT CORPORATION, L L C / # 27, 28 & 29 Page 25 APPLICATION PAGE 4 OF 4 CONDITIONAL REZONING CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT Appllcallt'sName Harbour Development Corporatxon L L C Ltst All Current Property Owners Butch Family Ltd PartnershJ-p Mmchael J Stafford Sr Trustee PROPERTY OWNER DISCLOSURE If the properly owner m a CORPORATION lis! all officers of the Corporauon below (Attach hst tf necessary) If the property owner ts a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION hst all members or partners ~n the orgamzauon below (Attachhsttfnecessary) Check here if the proi~r[y owner ~s NOT a corporation partnership Bm] or other unincorporated orgamzauon lf the apphcant ts not the current owner of the property, complete the Apphcant Dtsclosure sec~on below APPLICANT DISCLOSURE If the apphcant is a CORPORATION list all officers of the Corporation below (Attach hst tfnecessary) U the apphcant ts a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION hst all membe~ orparmersmthe orgamz~lon below (Attachhst ~necessary) Robert R K~neer ~ $~dler Preston Fussell Check here if the apphcant is NOT a corporation partnership firm or other unincorporated orgamzanon CERi'IFICATION I certtfy that the tnformatton contatned herein ts true and accurate Harbou~O~velopment Corporatxon L L C By. ! -~'~ ~. ~ ~ Signature Robert R Yxnser Managing Member PnntNam¢ APPLICATION PAGE 4 OF 4 CONDITIONAL REZONING CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT Appllcant'sName Ha(hour Development CorporatJ-on L L C List All Current Property Owners Burch Famzly Ltd Partnersho_p M~chaeI J Stafford, Sr Trustee PROPERTY OWNER DISCLOSURE If the properly owner ts a CORPORATION list all officers of the Corporation below (Attach hst ~fnecessary) If the property owner is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION list ali members or partners m the orgamzat~on below (Attach ltst if necessary) TJ-moth¥ A Burch~ Sr General Partner Pearl S Burch, Partner James H Burch Partner Nancy Mlkutowlcz, Partner Check here ff the property owner m NOT a corporanon partnership firm or other unincorporated organlzatlon lf the appltcant ts not the current owner of the property, complete the Apphcant Dtsclosure sectzon below APPLICANT DISCLOSURE If the applicant m a CORPORATION list all officers of the Corporation below (Attach list tfnecessary) If the applicant is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION hst all memben orp~rtne~ in the orgamzatmn below (Attach hst (necessary) Robert R Kxnser Ed Sadler Preston Fussell Check here if the apphcant is NOT a corporation partnership firm or other umncorporated orgamzatmn CER'I'IFICATION I certzfy that the info(matron contamed heretn ts true and accurate Burch Famxly Ltd Partnershzp Harbou,~P~velopment Corporatxon L L C B~'4~~ ~ ~t ~'/~v.~' ~a V~~~._.~ ]~ l~ablx~y company Tzmothy A (~.~u ch Sr G~neral ' (~ Signature Partner Robert R K~nser Managing Member Print Name Harbour Development Corp Change of Zoning Dlsmct Classfficauon from AG-1 and AG-2 Agricultural Districts to Condmonal R-30 Res,dentrol District, Con&tional Use Perrmt for an Open Space Promonon, Appeal to Decisions of Adrmn,stranve Officers m regard to certmn Elements of the Subd, vls~on Ordinance South s~de of N Landing Road, west of West Neck Road D~stnct 7 Pnncess Anne June 12, 2002 CONSENT AGENDA Dorothy Wood We'll go to Items 27, 28 & 29 Number 27 is a Change of Zomng D~stnct Classfficatmn from AG-1 and AG-2 to Condxtional R-30 Res~dennal, number 28, ~s a Condmonal Use Permit for Open Space Promotion, and number 29, ~s an Appeal to Dectslons of Adrmmstrat~ve Officers in regard to certmn elements of the Subdlvlston Ordinance Th~s ~s for Harbour Development Corporatton The property ~s located on the north -- excuse me on the south stde of N Landing Road, west of West Neck Road tn the Pnncess Anne D~stnct and there are three cond~tions Mr Bourdon9 Ed&e Bourdon Thank you Mrs Wood Agmn for the record, my name ~s Eddie Bourdon representing the apphcants Mr Kensler, Mr Sadler, who are hem today All the conditions -- the three conditions are all acceptable On behalf of my clients, we want to bnefiy thank Carolyn Srmth, Stephen White and the Planning staff for all their work on this apphcat~on My clients have worked very closely with them and I think, as you smd at the informal session flus morning, ttus a first rate plan It s an excellent plan not hke anyttung else that's been done m the C~ty And we appreciate you recogmzmg that by putting it on the Consent agenda Dorothy Wood Thank you Mr Bourdon John Baum [ wanted to ask a question There s another parcel ~n between that and the Vo Tech School Is that right9 Do you know who owns that~ Eddie Bourdon There's a - John, I have an aerial of that tf that would be of any use to you John Baum Yes Robert Miller John them ~t is John Baum Well Eddie Bourdon Oh, there we go We got it here to One that s been t~mbemd? John Baum Yes Eddie Bourdon Ijust asked my clients ! do not know who owns that parcel that's been nmbemd that s between us and at Vo Tech John Baum You know, you drive by frequently you see something happen and one reason why I wanted to bnng that up, our crazy government -- Wetlands defimt~on -- Wetlands by their defimt~on There's nothing wrong w~th developing ~t in my opinion, but it's been so erratic that I just w~sh people would notice some of these go up, some go down Who knows who approves? The reporters have no interest in Freedom of Information Act I love to read the language when they approve these and when they dxsapprove so that's not your chent's fault Eddie Bourdon I flo know Mr Baum and from my personal experience you have forest a piece of property m th~s area and you timber it w~thout takdng the proper precautions and having dehneanon to go first it all becomes Wetlands once you timber it John Baum R~ght Well, if it delineated before the tree's cut it s not Wetlands Eddie Bourdon That's correct John Baum In last October, they become no longer Wetlands and yon could do anytinng you want to and soon as you work it it looks greasy and wet and everything else, but, that s government reasoning Eddie Bourdon You're absolutely correct Ronald Pdpley Mr Scott So much nme and effort has been spend developing addmonal gmdehnes additional approaches to properties in the Trans~uon Area that are up for development Th~s property seems to - it seems to meet the criteria and I ttunk from my op~mon that the developer and the staff have done an excellent job in putting tins together Would you like to comment on this because th~s ~s a little more senslUve area then we typically deal w~th here Robert Scott I would I appreciate the opportumty I can't think of an area that s been more difficult for us to deal with than in the policy areas related to the developing of the Transition Area over the last nine months or so In fact, some people would say longer than that But recently, we ve developed w~th the Planning Conu-msslon's help a matrix for evaluating these apphcauons and we've consistently apphed them to apphcatlons that have come m over the last several months now In flus case first of all, let me say that the matrix takes ~nto account a number of different factors It takes ~nto account the design of the subdivision It takes into account the appearance from the street Takes into account protection of natural resources It takes into account the design and the layout and the relationship of open space to the development In all of those cases two things can be smd First of all, I do affirmat,vely believe that Councd is comfortable with the dtrecuon we are heading from a pohcy point of view on every one of those issues They expressed that through their wordq and through their actions And also I can say, that the apphcat~on here rate very high no every one of those points It does not rate particularly high on the issue of lot sizes and the way lot s,zes are employed throughout the subdivision but I can in good faith say I have the same degree of comfort about Council's view on that point Council has not express to us as they have with those other points a level of comfort with our approach to lot sizes And I think the fact ~s something that we need to work on further and we are working on further And we hope that we can bring to a truthful conclusion with all the part~es ~nvolved The difficulty that our staff ~n thiq ~s asking the developer to amend his plans to accommodate a policy we're not sure Council ~s comfortable with I would really have a difficulty with that So, I think tt just needs to be noted that where as the matrix one when applied as drafted - I thmk 62 lots on its property We are recommending the 66 because the short conungs is in an area of doubt that we have about how solid everybody ts on the pohctes related to lot size in that area We felt that it was probably inappropriate to hold an applicant responsible for building or complying with the condition that evidentially lacks a level of confidence And I just think that needs to be noted so that everybody knows where were cormng from I do have a great deal of froth generally in the approach of applying tins matrix I tinnk ~t does some good I thrak tt provides clarity I think tt provides some points that people can see and understand and relate to easxly And I tlunk it's something that we would like to conunue to do By enlarge, this apphcatmn has matched up very well agamst it and my write up reflects that But I did want to make sure that the Planning Commission knows about that one point and why we differed on that one point regarding the mamx and what our reason behind that was If you feel that our reasoning is not sound and that we should have gone in a different d~recuon, well you have the facts here at your disposal to do that But I felt tt was encumbered upon us to explmn why we did what we dtd with the matrix and as ~t relates to this apphcatton I apprecmte the chance to explmn that Ronald Rlpley Thank you Dot? Eddie Bourdon Ijust want to add one ttung I torgot to add My chents also met with the group out there on N Landing Road one of the primary members being another former Chmrman Dick Cockrell We've met w~th all the folks who live out ~n that area I wanted to let the Cormmsston know that as well Dorothy Wood Thank you Mr Bourdon Again number 27, 28 & 29 is Harbour Development Corporation A Change of Zoning D~stnct Classification from AG-1 and AG-2 to R-30 number 28, it's a Condiuonal Use Permit for Open Space Promotion, number 29, it's an Appeal to Decisions of Adrmmstrat~ve Officers in regard to certmn elements of the Subdivision Ordinance Tins property m located on the south side of N Landing Road, west of West Neck Road Are there any objections to items 27, 28 & 299 If not I would move to approve number 27 28 & 29 with three conchuons Ronald Rlpley So we have a motion Do we have a second'~ Eugene Crabtree I 11 second it Ronald Rtpley vote Motion by Dot Wood, seconded by Eugene Crabtree We're ready to AYE 10 NAY 0 ABS 0 ABSENT 1 ATKINSON AYE BAUM AYE CRABTREE AYE DIN AYE HORSLEY MILLER AYE R/PLEY AYE SALLE' AYE STRANGE AYE ABSENT VAKOS AYE WOOD AYE Ronald Rlpley By a vote of 10-0, the motion passes Map 1 13 Mop Not ~a Scale Harbour Development Corp. Gpm 1493-58-7581 4 ZONING HISTORY Conditional Use Permit (preschool/daycare) - Granted 7 3 01 Conditional Use Permit (church/daycare) - Granted 9 9 97 Change of Zomng (AG 1 Ag.cultural D~stnct to PD H1 D~stnct) - Granted 5 11-99 Change of Zoning (AG 2 Agricultural Dmt.ct to PD H1 D~stnct) - Granted 5 11-99 Change of Zoning (AG 1 Ag.cultural D~stnct to P 1 Preservahon Dmtnct) - Granted 5 11-99 Change of Zoning (AG 2 Ag.cultural Dmtnct to P 1 Preservation Dmtnct) - Granted 5 11 99 Conditional Use Permit (commumcabons tower) - Granted 10 13 98 Conditional Use Permit (commumcabons tower) - Granted 7 3 89 Change of Zomng (AG 1 Agricultural D~stnct) - Den~ed 8 27-86 Amendment to the Land Use Plan - Granted 9 22 93 Change of Zomng (AG-I& AG-2 Agricultural D~st.ct to PD H1 D~st.ct) - Granted 8 27 86 Change of Zoning (PDH PDH 1 D~stnct) - Granted 1 11 82 5 Conditional Use Permit (home occupabon) - Granted 5-14 91